Dáil Éireann

Vol. 738 Wednesday, No. 3 13 July 2011

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Dé Céadaoin, 13 Iúil 2011.

Leaders’ Questions ……………………………… 491 Requests to move Adjournment of Dáil under Standing Order 32 ……………… 497 Order of Business ……………………………… 498 Ceisteanna — Questions Taoiseach ………………………………… 505 Defence (Amendment) Bill 2011 [Seanad]: Second Stage ………………… 517 Ceisteanna — Questions Tánaiste and Minister for Foreign Affairs and Trade Priority Questions …………………………… 534 Other Questions …………………………… 542 Adjournment Debate Matters …………………………… 552 Defence (Amendment) Bill 2011: [Seanad]: Second Stage (resumed) …………………………… 552 Referral to Select Committee ………………………… 555 Criminal Justice (Female Genital Mutilation) Bill [Seanad]: Second Stage ……………………………… 555 Referral to Select Committee ………………………… 580 Message from Select Sub-Committee ………………………… 580 Revised Estimates for Public Services 2011: Messages from Select Sub-Committees … … … 580 Private Members’ Business Special Educational Needs: Motion (resumed) …………………… 581 Adjournment Debate School Books ……………………………… 606 Land Reclamation……………………………… 608 Hospital Services ……………………………… 610 Questions: Written Answers …………………………… 615 DÁIL ÉIREANN

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Dé Céadaoin, 13 Iúil 2011. Wednesday, 13 July 2011.

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

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Paidir.

Prayer.

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Leaders’ Questions Deputy Micheál Martin: Over the past four months there have been many debates and questions in the House on the issue of Europe’s response to the financial crisis affecting many countries. As the Taoiseach knows, I have said repeatedly that the failure to implement comprehensively and quickly the agreements reached in February and formalised at the 11 March summit was foolish and damaging. However, the agreements reached on Monday were positive and encouraging for anyone who cares about the economy of the European Union and all of its member states. Clearly, this has never been just an Irish crisis and, finally, indications are that Europe is getting back on track after months of drift. In this context, the decision of Moody’s last night concerning Ireland’s rating is very frustrating. While it may be understandable in the context of the speculation about a default in Greece, it flies in the face of unquestionable evidence of Ireland’s resolute actions and Europe’s support for Ireland. I welcome the strong and clear statements by the Department of Finance and the NTMA pointing out the failure of Moody’s to note the many positive, fiscal and economic indicators. The strong support of Commissioner Rehn and of Prime Minister Juncker is also very welcome. Moody’s is an agency that was once one of the chief enablers of unsustainable credit growth across Europe, but now, effectively, it is threatening more and more states with badly reasoned and cavalier ratings. When we strip this latest development back to basics, we find a failure of Europe as a whole to live up to the vision of its founders and a failure to take the resolute action needed to underpin the eurozone and show the world that Europe will do what is needed to maintain the Union. In essence, it is a failure of collective European leadership. Will the Taoiseach agree that what we need now is for the leaders of Europe to seize this crisis, do what they should have done months ago, put in place a comprehensive pan-European solution and stop tinkering around the edges?

The Taoiseach: I accept what the Deputy says as being constructive. This is in keeping with the position of the Government, as outlined by me and many other Ministers over the past number of months, that the situation in so far as Ireland’s deal was concerned could be improved upon and that Europe and its leaders needed to make serious decisions about what is becoming an even more serious situation. I read the Moody’s report in respect of Ireland and noted that it states that Ireland is achieving its targets and that there could well be upward 491 Leaders’ 13 July 2011. Questions

[The Taoiseach.] pressure on the rating, provided the Government is in a position to deal with its deficit and takes control of its economy. That is where the Government priority lies. I understand there have been calls for a meeting of the Council on Friday. There is no point in going to a meeting on Friday unless there will be a decision or set of decisions on the European situation. As the Minister for Finance outlined on his return from the two-day meeting, the Ministers for Finance discussed a range of opportunities and possibilities to deal with the European situation. Moody’s problem is not with Ireland. Ireland’s problem is with Europe. Moody’s has pointed out that Ireland is in a very different set of circumstances from other countries. Therefore, if a Council meeting is to be held on Friday, it must be one that will grasp the nettle and set out Europe’s response to the contagion which is clearly causing anxiety and concern. With Italy having a debt of €1.8 trillion or 120% of GDP, the situation is obviously a cause for serious concern. In so far as that is concerned, Deputy Martin’s suggestion is constructive. If a Council meeting is to be held on Friday, I will participate strongly in it on the basis of what we have been saying for the past number of months about the overall level of pricing, the need for flexibility and the opportunities that exist to ease Europe’s problem and, as a consequence, Ireland’s problem. That still leaves us with our domestic difficulties in terms of the budget deficit and the preparation for the budget for 2012. In respect of Europe measuring up, as I have said at Council meetings and as many Deputies have said, it is now time, as a consequence of the concern and anxiety that exists internationally and as reflected through the markets’ lack of confidence in particular areas, that the matter is responded to comprehensively and decisively by Europe. Ireland will contribute to that.

Deputy Micheál Martin: I thank the Taoiseach. Yesterday, President Van Rompuy mentioned the possibility of an emergency summit on Friday. I agree with the Taoiseach that this will only be helpful if the leaders of Europe take the “in principle” agreements reached between the Finance Ministers last Monday. They must act on what has been a substantive and profound shift in approach to the crisis taken by European leaders because of the threat of contagion to Italy and Spain. We must turn those agreements into concrete actions at such a summit. The spread of the bond market crisis to Spain and Italy is quite similar to what has happened in other countries, including Ireland. That is down to an abject failure at European level to nail down a comprehensive policy. In advance of any meeting — and what we hope will finally be action on debt sustainability, pricing and a reduction in the interest rate — will the Taoiseach, in the interest of clarity and at this critical time in terms of our strategy, publish the offer that was made to the Government by President Van Rompuy at the meeting on 11 March? I have asked about this before and it is important in terms of transparency in order to give us an insight into Mr. Van Rompuy’s thinking back then in seeking to resolve this issue for Ireland and his thinking on the broader crisis. It is in the best interests of everyone that the text of the offer by Mr. Van Rompuy be published.

The Taoiseach: It is not relevant to the situation because the overall position was that there were other demands on Ireland to increase our corporate tax rate in respect of receiving any interest rate reduction. What was in question in respect of President Van Rompuy’s suggested compromise was not circulated to every leader and was an attempt by him possibly to come to a conclusion on the issue. However, my dealings with other leaders made it clear this would not be the case. While I accept the Deputy’s interest in this matter, my priority now — if a meeting is held on Friday, whether a full Council meeting or a meeting of the eurozone countries — is to 492 Leaders’ 13 July 2011. Questions ensure the issues that have been put on the table by the Minister for Finance for some time in terms of the overall pricing, maturity, and flexibility on all of these issues is decided upon decisively by the European leaders. There is no point in having a meeting which will not bring about a conclusion in a comprehensive sense to something that will not go away unless it is dealt with. From our point of view, we have continued to discuss the question of the interest rate reduction with our colleagues, but we are now in a situation where Europe itself must respond to a European problem. That is reflected in Moody’s analysis and downgrading. Moody’s problem is not with Ireland; it recognises that this is a European problem which must be responded to in a European sense.

Deputy Gerry Adams: Le meas, caithfidh mé a bheith an-díreach ar an cheist seo. The Taoiseach should not even think of going to the summit on Friday — and I say that with respect — if he is going to do what his Government has been doing thus far. It is completely out of its depth on this issue. The Government, including the Tánaiste and Minister for Health, has been misleading the Dáil on a range of issues, such as Roscommon hospital and other hospital services, the payment of low paid workers, the provision for special needs assistants and the commitment not to reduce welfare payments. It has also misled the House on this crucial issue of the debt with which our people are burdened. The crisis grows deeper and it is the people, not the Government, who are paying the price. Before the end of this year — and this is a political choice the Government is making — we will have paid €800 million to unguaranteed senior bondholders in Anglo Irish Bank. Is it not time to change direction? Is it not time to send out a clear message that the Government will not use the people’s money to pay for the greed of these private bankers but instead will look after Irish interests and the interests of Irish people?

The Taoiseach: Beidh mise chomh díreach leis an Teachta agus a bhí seisean liomsa.

Deputy Gerry Adams: Beidh difear mór ann má dhéanann an Taoiseach é sin.

The Taoiseach: Ní bheidh.

Deputy Gerry Adams: Beidh, toisc go gcaithfidh an Taoiseach a bheith an-dáiríre.

The Taoiseach: Más mian leis an Teachta go mbeidh mé díreach, beidh mé díreach. What the Government has been doing at Council meetings is pointing out consistently the need for an improvement in the circumstances of the bailout deal. Long before other Finance Ministers were articulating this, the Minister for Finance, on behalf of the Government — as is his responsibility — was pointing out the need for a reduction in pricing, greater flexibility and for matters like security dates and so on to be considered. That is what the European Ministers talked about on Monday and Tuesday. If a meeting is called on Friday, that is what will be discussed. In respect of Anglo Irish Bank, the big decision about the large payment the Deputy mentioned is not due until November. The Minister has signalled for some time that discussions will take place with the European Central Bank in the early autumn on that matter. Tá sin an- díreach ar fad.

Deputy Gerry Adams: Let us not mislead people on this issue. Last week and each week before that we paid between €10 million and €12 million to these bondholders. The Taoiseach is misleading people — and I use that word advisedly — as is the Minister for Health in regard to hospital services, election commitments — which are personal, because all politics is personal — and also in terms of the commitments given in the programme for Government. The Minister 493 Leaders’ 13 July 2011. Questions

[Deputy Gerry Adams.] for Social Protection is now telling us that welfare payments will be cut, which will affect the most vulnerable in this society. There are many people who never saw themselves as vulnerable, whether economically or in terms of their broad access to public services. There are many people paying for this crisis in a real way. The Taoiseach is sincere in what he is trying to do, but he is in breach of every single commitment he made on all of the issues to which I referred.

Deputy Bernard J. Durkan: What solution does the Deputy propose?

Deputy Gerry Adams: The solution is this — the Government must stop putting the people’s money into bad toxic banks. Instead, it should be put into public services and the Government should stand up for Irish interests.

(Interruptions).

Deputy Gerry Adams: The solution would start with the Government being honest instead of aping what its predecessor did.

Deputy Paschal Donohoe: Where will we get €70 million?

An Ceann Comhairle: Does the Deputy have a question?

Deputy Gerry Adams: The Government promised to burn bondholders. The Tánaiste spoke of “Frankfurt’s way or Labour’s way”. The Government said it would protect the most socially deprived and low paid workers. All of these commitments were clearly given. It is no wonder the Taoiseach’s masters in the European Union and the IMF will not listen to him. It is no wonder they can ignore him.

(Interruptions).

Deputy Jerry Buttimer: Where will the money come from?

An Ceann Comhairle: Will the Deputy put a question to the Taoiseach?

Deputy Gerry Adams: I am asking the Taoiseach to send a clear declaration now — not to quote some Minister or other — that no more taxpayers’ money will go into these toxic banks but will instead go into public services and that the Government will stand up for the interests of the Irish people.

The Taoiseach: I am not sure what land the Deputy is living in. He was elected by the good people of County Louth, but he is talking patent nonsense.

Deputies: Hear, hear.

The Taoiseach: The situation that applies in every household in the country, in every small shop in the country, in every business in the country is that if one is spending more than one is taking in, one will not continue in business for long. This country has a deficit of €18 billion this year. In other words, we are spending €18 billion more than we are taking in. The reason for this is the legacy of an unfortunate Government which lumped bank debt onto sovereign debt and mismanaged the economy to the extent that we now must make serious decisions that have not been tended to for a long time. 494 Leaders’ 13 July 2011. Questions

For instance, in respect of the reductions in social welfare allowances, this was included in the 2011 budget with no underlining policy decision to bring about the €65 million savings involved. Surely the Deputy does not believe that we should, for example, continue to pay rent for handsets that can now be had for free under the deal being done with Eircom by the Minister for Social Protection. It is time to get real in the sense of what the Government has to deal with. We will not sort out our problems by living in a fantasy land where we can walk away from our debt and close schools, businesses and hospitals——

Deputy Caoimhghín Ó Caoláin: That is what the Government is doing.

A Deputy: No hospital has been closed.

The Taoiseach: ——on the basis of some Sinn Féin philosophy that everything in life is free. It is not.

Deputy Caoimhghín Ó Caoláin: That is real life for people.

The Taoiseach: We have to grapple with an economic challenge that no Government in the history of the State has had to deal with. We have lost our economic sovereignty. Perhaps some Deputies do not understand that, but it is a fact of life. We are being examined on the conditions of the IMF-EU bailout deal by the troika and we are meeting those challenges. Every one of the European institutions has backed us up on that. We cannot get away from the fact that the country is in hock and we must trade our way out of it. We must cut out waste and abolish quangos that are useless. We must ensure that our people understand that these are very challenging times which will not go away by the Deputy standing up in the Chamber and asking us to forget about the crisis and walk away from the debt. That crisis will only get worse. We must deal with it in a fair and balanced way and we will.

Deputies: Hear, hear.

Deputy Paul Kehoe: It is not as simple as robbing a bank.

A Deputy: You were not here in years when you were fighting for election recently

Deputy Caoimhghín Ó Caoláin: Robbing the people is not excusable.

Deputies: It is a pity you never tried that.

Deputy Finian McGrath: On 22 June the Taoiseach gave a commitment that services for children with special needs would be maintained. He stated: “I also assure the House that all schools which enrol children with special needs will have special needs assistants’ support.” Why, then, is the Government cutting special needs services? Is this another example of a broken promise? The current Minister for Education and Skills, Deputy Ruairí Quinn, made a similar promise while in opposition. What does the Taoiseach say to the families who will be protesting at the gates of Leinster House today at 3 p.m.? I agree with the Taoiseach that the country is in hock, but it is about choices and how we spend our money. What does the Taoiseach say to the school principal of a very disadvantaged school on the northside of Dublin who recently wrote to me saying that he was informed by the special education needs organiser that their class for children with mild learning disabilities is to be suppressed? He told me also that parents chose to send their children to his school for its inclusive education experience, as promised by the EPSEN Act. What is his response to these 495 Leaders’ 13 July 2011. Questions

[Deputy Finian McGrath.] parents and teachers? What does he say to the family of Aoife, a child with special needs, who is being refused transport due to a technicality in the regulations while the bus passes her front door? What does the Taoiseach say to groups such as the INTO and Inclusion Ireland that are strongly opposing these cuts to the services for children with disabilities?

The Taoiseach: This matter has been dealt with on a number of occasions by the Minister for Education and Skills in responding to questions. The Deputy is aware that a cap of 10,575 posts was placed on the number of special needs assistants in 2010. The current number is 10,800, which means there must be a reduction in the number of special needs assistants, although overall there will be more SNA staff than ever before. The Minister for Education and Skills has been very careful in his response to the Private Members’ business, which is being discussed. In fact, the Minister has held back over 400 positions to deal with situations such as those mentioned by the Deputy. I invited Deputy Ó Snodaigh to send me details of a particular case, which appeared to me to be worthy of the services of a special needs assistant. I do not know the details of the cases raised by Deputy McGrath but I invite him to send them to me. The reason the Minister for Education and Skills held a number of these posts was that every school that requires it would have contact and access to a special needs assistant. If there are unfortunate circumstances, or particularly bad cases, there is a mechanism to deal with them. I gave the Deputy some examples of where SNAs were appointed regarding children with particular behaviours which in many cases might not warrant a full-time SNA. The priorities of the NCSE were to ensure that the minimum SNA to special class ratio was maintained, that there would be support for children who are incontinent, and that children who qualify for full day cover would be assured of receiving it. The deferral of some of those positions was to deal with cases that are in need of the services of a special needs assistant. I invite the Deputy to send the details to me or to the Minister for Education and Skills and they will be looked at in the context of these criteria.

Deputy Finian McGrath: First, I have already passed the details of the three cases I mentioned to the Minister for Education and Skills and I was not impressed with his response. I am going to be very blunt. If the Taoiseach goes down the road of cutting a service to children with special needs, not only are the children with special needs being damaged but when the special needs assistants lose their jobs, they will go back on the dole and will be in receipt of welfare payments. In addition, some will qualify for a medical card or rent allowance and that will cost the State more. From an economic point of view, will the Taoiseach accept that cuts in this service will damage the local community and the local economy? In regard to his comments on special needs assistants, 8,000 to 10,000 children come into the system every year and a certain percentage of them, 400 to 500 children at least, will have a special needs requirement. Putting a cap on the number of SNAs will not work; it will be a disaster. Does the Taoiseach wish Ireland to be in breach of Article 28.1 of the United Nations Convention on the Rights of the Child which states that every child has the right to equal opportunity through education? Is that the Ireland the Taoiseach wants? Does he and the Minister for public expenditure and reform, Deputy Brendan Howlin, want to be in breach of the EPSEN Act 2004 when the State has promised to assist children with special needs to leave schools with the skills necessary to participate in society? Does the Taoiseach want to end up in the courts again, at a cost of €20 million in legal costs, like previous Governments? Half of such legal costs would resolve the current SNA issue. Is that what the Taoiseach wants to do to children with special needs? 496 Requests to move Adjournment 13 July 2011. of Dáil under Standing Order 32

The Taoiseach: No, it is not, nor do we want to end up in court case after court case as applied previously. I raised those kinds of issues when I was in opposition. Deputies need to understand that it is not a case of continuing to write cheque after cheque for any sector.

Deputy Finian McGrath: Some €36 million was spent on providing security for Queen Elizabeth.

Deputy Brendan Howlin: Is the Deputy against that too?

Deputy Finian McGrath: That €36 million was a waste.

The Taoiseach: There is clearly a need for looking at the way that services are provided for children in all the different sectors. There will be 10,575 special needs assistants in the system who will deliver a very valuable service and make a very valuable contribution to the children’s education. The posts that have been held back deliberately by the Minister are to deal with priority cases that clearly should have access and, therefore, will have access to special needs assistants. In a general sense, we need to look at the way services are delivered through our education system. The Minister has made the point that the population projections require a certain number of schools to be built for second level and primary level education and is making arrangements for that to happen, unlike the construction of vast sprawling estates where consideration was not given to the provision of any school, primary or secondary in the area. As a result land prices went through the roof and it became impossible to buy sites, which led to pressure groups advocating for transport or about overcrowded building and the use of prefabs. In regard to the cases raised by Deputy McGrath, I will remind the Minister for Education and Skills that he has received a number of cases and if they are worthy and deemed to be a priority, as all children are a priority, no school will be without contact with an SNA if it needs it and no child will be left without contact with an SNA if he or she needs it. I share that view with all Deputies. It is critical not only to get the children to a point where they can develop their own potential at primary level, but that there will be some process to make progress when they move from the primary to the second level system. This is an area we will focus on, as this was not done in the past. We do not want to go down the road of endless court cases. Common sense must apply in all walks of life. An analysis of the way we deliver these services is worthy of consideration, which I am sure is being reflected in the Private Members’ business.

Requests to move Adjournment of 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 propose to deal with these topics separately and I will call on Deputies in the order in which they submitted their notices to my office.

Deputy Michael Healy-Rae: I wish to seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, in view of the fact that on 27 June at a public meeting in Listowel on school transport and on 11 July in Galway, the Minister of State, Deputy Ciaran Cannon, was asked a series of questions and gave the same answers, whether the Government has done anything or will do anything to address the crisis in rural transport as ways of saving money without cutting the service have been pointed out by the Coach Tourism and Transport Council of Ireland.

An Ceann Comhairle: I call Deputy Joe Higgins.

Deputy Emmet Stagg: He has joined the Labour Party. 497 Order of 13 July 2011. Business

Deputy Joe Higgins: I wish to seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the grave damage caused in the economies of Ireland and other countries in the EU by the actions of faceless, unelected and unaccountable institutions in the financial markets including ratings agencies and the need to bring these institutions into public ownership and under democratic control to serve the well-being of society rather than maximisation of private corporate profit.

Deputy Aengus Ó Snodaigh: Ba mhaith liom an Dáil a chur ar athló chun déileáil leis an ghné rí-thábhactach seo ar ghá díospóireacht sa Dáil a dhéanamh air. I wish to seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the failure of the Government to release the funding allocated from June for the local drugs task force interim funded projects in both the canals community and south inner city Dublin which is causing serious financial strain and risks resulting in reckless trading in those areas. The projects have no money for wages or for programme work and are being forced to contemplate overdrafts. The Government must immediately release this funding to allow the projects continue their vital work.

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 Taoiseach: It is proposed to take No. 2, Defence (Amendment) Bill 2011 [Seanad] — Second Stage; and No. 3, Criminal Justice (Female Genital Mutilation) Bill 2011 [Seanad] — Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m and that business shall be interrupted not later than 10 p.m; the proceedings on the Second Stage of No. 2 shall, if not previously concluded, be brought to a conclusion at 7 p.m; and Private Members’ business, No. 33 — motion re educational supports (resumed), shall take place at 7 p.m or on the conclusion of No. 2, whichever is the later, and shall conclude after 90 minutes.

An Ceann Comhairle: Is the proposal that the Dáil shall sit later than 8.30 p.m agreed to? Agreed. Is the proposal for dealing with No. 2, the Defence (Amendment) Bill agreed to?

Deputy Aengus Ó Snodaigh: I oppose the guillotine on this measure. I will not put it to a vote but the record of legislation since this Government came into office shows that, in most cases where the guillotine has been applied, the debate has ended naturally. On many occasions the Dáil has gone dark for hours on end. This legislation is not controversial, will not be opposed and should be allowed to run its course. The Opposition has not delayed many items of legislation; often, Government Deputies want to take part. I ask the Taoiseach not to apply the guillotine and to allow all Deputies to partake in the debate rather than limiting the time. We have already facilitated the passage of legislation this week and next week through late sittings. The Opposition has facilitated the passage of legislation that is not controversial and which we do not oppose. This is one such item of legislation.

Deputy Emmet Stagg: If Deputy Ó Snodaigh agreed at the Whips level, it could be done.

An Ceann Comhairle: Deputy Stagg should speak through the Chair.

Deputy Emmet Stagg: At the Whips meeting Deputy Ó Snodaigh would not agree to what he is now looking for. 498 Order of 13 July 2011. Business

Deputy Aengus Ó Snodaigh: Deputies who are now the Whips for the Government parties used to stand here giving out about guillotines. At meetings of the Whips and in this Chamber, we said we will facilitate as much as possible legislation that is not controversial and that is welcome in most cases. This is such an item of legislation.

Deputy Joe Higgins: The use of the guillotine will become a major and urgent issue, particularly from September. There will be endless conflict and time wasted if the Government continues to do what it has done in the past three months, which it said it would not do. Every week there are several guillotines. A different approach can be adopted to legislation, which is to ascertain whether there is a high volume of demand from Members to speak and to make adjustments accordingly. The brutal method of the guillotine as a principle is reprehensible.

The Taoiseach: I understand the issue of the guillotine. The Government approved a number of changes to the way we do business here at a Cabinet meeting on Tuesday. These will go before the Committee on Procedure and Privileges tomorrow and should be on the Order Paper for next week. Yesterday evening, during the debate on Second Stage of the Civil Law (Miscellaneous Provisions) Bill, the Minister for Justice and Equality had to speak for 30 minutes to conclude the debate at 10 p.m. because there were insufficient contributions. This happened despite the call from the Opposition benches yesterday to lift the guillotine and extend the time.

Deputy Aengus Ó Snodaigh: We called for the guillotine to be lifted, not for the time to be extended.

The Taoiseach: It is expected that the legislation will finish before the time allocated this evening. If it finishes earlier, Private Members’ business will begin. If it does not, we will allow Private Members’ business to run for 90 minutes. From September, the process of doing business in this Chamber will be changed. I hope this will deal with any queries people have about guillotines and having the opportunity to speak their mind.

Question, “That the proposal for dealing with No. 2, Defence (Amendment) Bill — Second Stage, be agreed to,” put and declared carried.

An Ceann Comhairle: Is the proposal for dealing with Private Members’ business agreed to? Agreed.

Deputy Micheál Martin: Among the items of legislation we are supposed to deal with in this session is legislation pertaining to the holding of three referendums, the establishment of a constitutional convention and an amendment to the European treaties to allow for the Euro- pean stability mechanism. Not one of these measures has been published and all of the promised consultation due to be held has not been held. Can the Taoiseach explain when we will see these measures, given that there is only one week left in the parliamentary schedule? Why has the promised consultation, due to be held with the Opposition and others, not yet been held?

The Taoiseach: In respect of the three referendums, two of the Bills are being worked on in the Department of Public Expenditure and Reform and the third Bill is being worked on by the Minister for Justice and Equality, with a view to the Bills being published in time for consideration. When they are ready, consultation will take place with the Opposition parties. The European stability mechanism is not due until 2013. The Bill is being worked on but it is not necessary to have it ready just now. 499 Order of 13 July 2011. Business

Deputy Micheál Martin: Is the Taoiseach satisfied the referendum commission will have the time it requires for the three referendums? Does this mean the Taoiseach’s commitment to prior consultation on the drafting of legislation, which is part of the reform package, will not be met in the context of these elements of the legislative agenda?

The Taoiseach: There will be plenty time and the commission will have time to carry out its function. In advance of making the changes I refer to, a number of Bills have been referred to committees at the heads of Bill stage to receive a political response. We are in advance of where we said we would be in referring Bills to committees so that Members can give their reactions to the heads of Bills as drafted.

Deputy Caoimhghín Ó Caoláin: Given the intended publication later today of the report on clerical sexual abuse of children in the Catholic diocese of Cloyne, will the Government allow for the opportunity for statements and an exchange in regard to the findings and the content of that report? Will the Taoiseach accept, as he would know, that on the publication of the report there will be significant media and wider discussion in regard to the content and that it is imperative that this House would have the opportunity to address it at the earliest opportunity? I would commend later today or tomorrow, and I would appreciate the Taoiseach’s confirmation that is his intent.

The Taoiseach: Yes, that is my intent. This is another damning report which will be published today by the Minister for Justice and Equality and the Minister for Children and Youth Affairs. It speaks for itself in respect of what happened and what was not done. It is my intention that there be an opportunity for comment and statements here in the House. It is a question of finding an appropriate time to do that. I will have the Chief Whip communicate with the Deputy and the House on that matter.

Deputy Richard Boyd Barrett: The Minister for Children and Youth Affairs indicated yesterday that the Children First guidelines will be implemented in the form of legislation quite soon. Given that those guidelines suggest the issue of neglect by omission, particularly in the area of vulnerable disabled children who may miss school and as a result be deprived of intellectual stimulation, that is a form of neglect that must be addressed. When will that legislation be brought forward and will it guarantee, as a matter of right, the special needs and other educational supports required to vindicate the rights of special needs children to a full and proper education as against the current policy of caps and quotas, which in effect mean cuts in special needs educational support?

The Taoiseach: The fact that a child is born with particular challenges changes the entire life profile of the family, whatever the circumstances in which they find themselves. The Minister was given approval on Tuesday to proceed with the drafting of the legislation dealing with the Children First guidelines. That is so important and personal to those who deal with it. The Minister for Children and Youth Affairs will do her utmost to have those guidelines enshrined in draft legislation. I cannot give the Deputy a date as to when she will have completed her observations and bring a Bill to Government but in accordance with what I have said already, when the heads of the Bill are approved by the Government they will be circulated to committees to ensure people can have an opportunity to comment on them. This is an issue upon which we can agree.

Deputy Aengus Ó Snodaigh: It was announced with much fanfare that there will not be any cuts in social welfare rates in the programme for Government. Is it intended to introduce in the coming weeks another social welfare Bill to give effect to the cuts in the household benefits 500 Order of 13 July 2011. Business package announced yesterday by the Minister for Social Protection including the reduction in the gas and electricity units, and the substantial cut——

An Ceann Comhairle: We cannot have a debate on the issue.

Deputy Aengus Ó Snodaigh: I am not asking for a debate. I am asking if social welfare legislation is being brought in to give effect to an announcement made last night which will affect quite a number of people throughout this country, the elderly in particular, and in terms of the cuts in fuel allowance also.

An Ceann Comhairle: Is legislation promised?

The Taoiseach: The answer is “No” because these matters were enshrined in the budget for 2011 but a decision was not taken to underline that policy.

Deputy Paschal Donohoe: One of the consequences of the boom and subsequent collapse of our housing market is that more and more people made the choice to live in rental accommodation. An unfortunate difficulty being experienced is that sometimes the quality of the rental accommodation is not what it should be. The Government has made a commitment to introduce the residential tenancies (Amendment) Bill to streamline the way the rental sector is regulated. Will the Taoiseach indicate to the House when and if that Bill might be before us?

The Taoiseach: The Minister for the Environment, Community and Local Government is dealing with that. It is an issue of concern. It is due to be dealt with this year but I cannot give the Deputy an exact day or week when it will be published but it is down for this year and I hope to be able to adhere to that.

Deputy Thomas P. Broughan: Is it intended to put the witness protection programme on a statutory basis? In the previous Dáil our colleague, the Minister, Deputy Rabbitte, introduced Private Members’ legislation but as far as I am aware it did not progress. Is the Government prepared to do that? Our colleague, Deputy Mathews, organised a briefing for Deputies on all sides of the House last evening from Professor Gurdgiev and Professor Karl Whelan——

An Ceann Comhairle: I am sure you can have a chat with him about it.

Deputy Thomas P. Broughan: ——which left most Deputies deeply shocked. Is the Taoiseach prepared to support the new head of the IMF who has indicated that——

An Ceann Comhairle: That is not to do with promised legislation.

Deputy Thomas P. Broughan: In terms of the Taoiseach’s forthcoming meeting I ask if he would support the new head of the IMF in regard to rating agencies not being permitted to rate bailout countries.

An Ceann Comhairle: That is totally out of order.

Deputy Thomas P. Broughan: It is not out of order. It is old debt. Will the Taoiseach do that for us in Europe?

An Ceann Comhairle: The question is totally out of order. On the first question, is legislation promised? 501 Order of 13 July 2011. Business

The Taoiseach: They act completely independently. I am aware there was an informal meeting yesterday where eminent people gave their view. The problem is that 1,000 economists give a different answer to the question. In so far as the Government is concerned, to date we have measured up to all of the conditions set out in what is a challenging IMF-EU bailout deal. Reports from the Troika assessing Ireland’s current position are that they have rarely been involved in a situation where a country has measured up in the way Ireland has done. The Deputy played his part in that as well. It is not a case of supporting the views expressed yesterday evening at an informal meeting. People are entitled to have those views. In respect of the witness protection programme, I will have the Minister for Justice and Equality respond to Deputy Broughan. It is not, as far as I can recall, part of the programme for Government but I will ask the Minister to reflect on the Deputy’s comment.

Deputy Robert Troy: I wish to make two brief points. First, given the importance of the publication of the Cloyne report today, does the Taoiseach intend giving a briefing to the Opposition parties prior to the publication? Second, a commitment was given previously that the Construction Contractors Bill would be brought to the House in this term. Given that there is only one week left, will that Bill be brought before the House next week or is this another broken promise?

The Taoiseach: No, it is not another broken promise. The Construction Contracts Bill is being worked upon by the Minister of State at the Department of Finance, Deputy Hayes. I referred to this yesterday when I was asked the same question. I expect it will be brought forward early in the autumn. The Cloyne report is being published at 3 o’clock today and both the Minister for Justice and Law Reform and the Minister for Children and Youth Affairs will hold a press conference on that. As I said to Deputy Ó Caoláin, we will have the opportunity to hear everybody’s comments and statements here in the House whenever we can agree on that.

Deputy Micheál Martin: Could a briefing be organised between officials and the Oppo- sition spokespersons?

An Ceann Comhairle: Will the Deputy address his comments through the Chair? We do not have conversations across the floor here.

Deputy Micheál Martin: I know that.

The Taoiseach: If the Deputy wants one, yes.

Deputy Arthur Spring: Across the country small and medium size enterprises are procrastin- ating in terms of renewing leases because they are expecting legislation on upward only rent reviews. They are also wondering, if they are a year into rent reviews, whether they can retro- spectively look at bringing down the lease. Banks, solicitors and various other people involved in such leases are being stagnated in terms of doing anything with it. When can we expect this legislation to come before the House and what does the Taoiseach believe will be its implications?

The Taoiseach: This is an important issue. There are many cases where businesses have reduced rent in agreement with tenants because of the circumstances in which they find themselves. The Minister for Justice and Equality is actively working on this Bill. I would like to bring about certainty in regard to this matter. The Minister is now aware that it is a priority. I hope we can conclude this comprehensively early in the autumn. 502 Order of 13 July 2011. Business

Deputy Sandra McLellan: When is it planned to bring forward the National Tourism Development Authority (Amendment) Bill? There is major scope for increased efficiency in the way we develop and market our tourism product on this island.

The Taoiseach: That Bill was published on Monday. It will be the next session before it passes through the Houses.

Deputy Dessie Ellis: The Taoiseach indicated no school would be left without SNAs. Several schools in my area, including Finglas, are losing SNAs. In St. Brigid’s, two out of three SNAs are being lost and the same applies in St. Joseph’s. Does the Taoiseach accept this is in contra- vention of the constitutional rights of citizens?

An Ceann Comhairle: The Taoiseach has already dealt with that.

Deputy Dessie Ellis: I still believe the question should be answered.

An Ceann Comhairle: Perhaps I will consider the Deputy’s request for the Adjournment debate if he tables one.

Deputy Bernard J. Durkan: The previous Government was promising the legal costs Bill for ten years. I do not know whether it was threatened or promised but it was never introduced in any case.

An Ceann Comhairle: The Deputy should not give us a history lesson.

Deputy Bernard J. Durkan: With regard to promised legislation, the legal services Bill seems to be the most appropriate replacement. Will the Taoiseach indicate that it will not be awaited for ten years, notwithstanding the performance of the previous Government? What is the position on the national vetting bureau Bill, which is becoming increasingly important? The Taoiseach has already expressed a particular interest in bringing it before the House. What is the position on the children (establishment of child welfare and protection agency) Bill and the children first Bill, both of which are promised and necessary? Not wishing to rain on the parade of some members of the Opposition, who have been preoccupied with broken promises, I contend that many of the provisions I hope will be incorporated in those Bills——

An Ceann Comhairle: I thank the Deputy. I will try to obtain an answer for him.

Deputy Bernard J. Durkan: ——have been promised for many years.

An Ceann Comhairle: I ask the Taoiseach to give the Deputy an answer.

The Taoiseach: The Minister for Children and Youth Affairs is working on the children (establishment of child welfare and protection agency) Bill but I do not have a date for it. On Tuesday, the Cabinet authorised the Minister to proceed with the work on the children first Bill. That will be a priority for her. There is no date for the publication of the national vetting Bill but I can tell Deputy Durkan, to his satisfaction after all these years, that the legal services Bill is a requirement under the EU-IMF bailout deal and is to be published by September. At long last, the Deputy’s persistent questioning has allowed this to happen.

Deputy Bernard J. Durkan: I thank the Taoiseach.

An Ceann Comhairle: I congratulate the Deputy. 503 Order of 13 July 2011. Business

Deputy Bernard J. Durkan: I apologise to the Members opposite.

Deputy Barry Cowen: When will there be legislation on State bodies considering the Govern- ment has for ten weeks been considering the McCarthy report and its impact on semi-State bodies? When it was published initially and brought to Cabinet, the Taoiseach said he would return to the House within four weeks with some recommendations, if necessary, or related subjects to be discussed. In light of that commitment, and based on Deputy Troy’s statement that there is only a week to go before the recess, many affected employees of Coillte, Bord na Móna and other companies in my area await an answer.

The Taoiseach: Deputy Cowen is aware that the programme for Government states the Government will realise €2 billion by the sale of non-strategic State assets over its lifetime. The Minister for Public Expenditure and Reform is carrying out a line-by-line analysis of each Department. I expect he will bring a memorandum to the Government before the summer recess on the options that are available. That does not mean there will be an immediate decision arising from that memorandum. I have outlined what the programme for Government states and that is what we will adhere to at the appropriate time in respect of non-strategic State assets.

Deputy Richard Boyd Barrett: Will that come before the Dáil?

The Taoiseach: Yes, in due course.

Deputy Seán Crowe: With regard to SNAs, as referred to by my colleague, families are worried about the impact of financial constraints. In the backyard of the Minister for Public Expenditure and Reform, Deputy Howlin, a head of an educational institution spent €100,000 on taxi fares, and €28,000 was spent on upgrading a brand-new building.

An Ceann Comhairle: Sorry, Deputy——

Deputy Brendan Howlin: That was in a neighbouring constituency.

Deputy Seán Crowe: My question concerns governance.

An Ceann Comhairle: This is not a matter of governance but of promised legislation.

Deputy Seán Crowe: I am asking whether there is a need for legislation on governance in respect of these matters.

An Ceann Comhairle: The question ought to be on whether legislation is promised.

Deputy Seán Crowe: That is what I am asking. Is there legislation promised on governance in respect of this matter?

An Ceann Comhairle: Is it on the list?

Deputy Seán Crowe: Is it on the list? I am asking the Taoiseach whether——

An Ceann Comhairle: Is there legislation promised?

The Taoiseach: There is a need for accountability on all these matters. The Comptroller and Auditor General Bill deals with that matter, as does the Committee of Public Accounts, the Committee on Finance, Public Expenditure and Reform and the committee dealing with the 504 Ceisteanna 13 July 2011. — Questions. individual sectors. What Deputy Crowe referred to occurred in a constituency neighbouring that of the Minister for Public Expenditure and Reform.

Deputy Seán Crowe: Getting mixed up again.

Ceisteanna — Questions Deputy Micheál Martin: I seek the guidance of the Ceann Comhairle on a very serious matter that has come to a head. There are effectively no proper Taoiseach’s questions.

An Ceann Comhairle: There are several questions to the Taoiseach on the parliamentary questions paper.

Deputy Micheál Martin: Yesterday, as the Ceann Comhairle knows, there was an exchange about the Taoiseach and his staff and how they have been seeking systematically to have questions transferred, disallowed or grouped in such a way as to deny us the opportunity to ask, for example, what Standing Order applies to this area. The relevant Standing Order refers to public affairs connected with the Taoiseach’s Department or to matters of administration for which he is officially responsible. There is a major concern because my office sought to appeal a series of disallowances and transfers but was informed it could not do so. In most cases, there had been contact between the Department of the Taoiseach and the questions office but Deputies asking questions had no right to express their opinion. With regard to disallowed questions, the Taoiseach has the final say, which I acknowledge, but it is often the Taoiseach’s staff who suggest the grounds for disallowing a question.

An Ceann Comhairle: The Deputy is incorrect.

Deputy Micheál Martin: In some cases, the decision is plain wrong.

An Ceann Comhairle: We cannot have a debate here.

Deputy Micheál Martin: I do not want a debate but want to seek the guidance of the Ceann Comhairle on this very important issue.

An Ceann Comhairle: With respect, I suggest to the Deputy that he ask his Whip to deal with this matter through the Committee on Procedure and Privileges.

Deputy Micheál Martin: There was a question disallowed on Lorenzo Bini Smaghi on the grounds that it was repetitious.

An Ceann Comhairle: We are not having a debate.

Deputy Micheál Martin: This is an important point. It was on the grounds of repetition on 6 July.

An Ceann Comhairle: I know it is important but the Deputy is totally out of order.

Deputy Micheál Martin: There was no question tabled about this individual on 6 July, yet my question was disallowed because of repetition. There was no question asked about Lorenzo Bini Smaghi. I have checked the record for 6 July.

An Ceann Comhairle: Any time there is a question disallowed owing to repetition, a copy of the question is enclosed with the letter. 505 Ceisteanna 13 July 2011. — Questions.

Deputy Micheál Martin: Yes, but a mistake was made. I have checked it.

An Ceann Comhairle: If the Deputy would like to contact my office, I would be only too delighted to deal with him, but not in the Chamber.

Deputy Micheál Martin: This man is a central figure regarding Ireland’s burden-sharing. The abuse of transfers is completely out of hand. The matter is 100% the responsibility of the Taoiseach’s office.

An Ceann Comhairle: The Deputy is totally out of order. I ask him to resume his seat.

Deputy Micheál Martin: This is a very serious issue. What is occurring is not on. What is happening is that the accountability of the Head of Government, who is accountable to the Dáil, is being undermined systematically.

An Ceann Comhairle: The Deputy is making allegations that cannot be dealt with——

Deputy Micheál Martin: They are not allegations. I have signalled the matter to the Ceann Comhairle and am asking him for his guidance as defender of all Members in this House and their entitlements.

An Ceann Comhairle: I have told the Deputy what to do. He can either come to my office, where I will only be too delighted to discuss any individual question with him, or he can ask his Whip to have this matter dealt with by the Committee on Procedure and Privileges.

Deputy Micheál Martin: I will be taking the matter further.

Government Accountability 1. Deputy Micheál Martin asked the Taoiseach if he has satisfied himself with measures he has put in place to meet his stated intentions regarding the accountability of Government to the Oireachtas. [11801/11]

2. Deputy Gerry Adams asked the Taoiseach the measures he has put in place to ensure the accountability of the Government to the Oireachtas. [16281/11]

3. Deputy Gerry Adams asked the Taoiseach if he has taken any initiatives or consulted with other parties to ensure his better accountability to Dáil Éireann. [17261/11]

4. Deputy Joe Higgins asked the Taoiseach the way he plans to make his Government more accountable to Dáil Éireann. [18579/11]

5. Deputy Richard Boyd Barrett asked the Taoiseach the measures he is putting in place to ensure greater transparency and accountability in the workings of this Government; and if he will make a statement on the matter. [18612/11]

Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): I propose to take Questions Nos. 1 to 5 together. The Government is accountable to the Dáil through many mechanisms, including Leaders’ Questions and parliamentary questions, debates, scrutiny of legislation and the work of Oireachtas committees. The programme for Government sets out an ambitious programme to strengthen Government accountability further. Some of the programme’s proposals will require legislative amendment, for example, those relating to fiscal accountability, and these are being progressed. 506 Ceisteanna 13 July 2011. — Questions.

Other proposals in the programme relate to how the Dáil conducts its business and can be progressed by amending Standing Orders. Such proposals relate, for example, to committees, revamping the Adjournment debate format and making the procedures for raising urgent matters in the House more meaningful. We propose to improve the processes by which legislation is dealt with by the House and to enhance the role of the Dáil in regard to EU affairs. I have already initiated discussions with the other Whips in regard to the reform of Dáil procedures and I intend to put forward proposals for consideration by the Sub-Committee on Dáil Reform of the Committee on Procedure and Privileges shortly. Some proposals in the programme for Government have already been implemented. These include the introduction of a reduced number of Dáil committees, including an Oireachtas Committee on Investigations, Oversight and Petitions, and a system whereby the Taoiseach briefs the Dáil prior to attending European Council meetings. The increase in the number of Dáil sitting days has also increased the accountability of the Government.

Deputy Micheál Martin: My question is not solely on parliamentary reform. Two weeks ago, my office told the Questions Office that we objected to this question being handled by the Chief Whip rather than the Taoiseach. The Taoiseach has stated he demands all his Ministers to respect their accountability to the Oireachtas. Has anything being done about this or is it still at the level of general commitment? I find it objectionable that the Taoiseach has left the Chamber. Not only does he refuse to answer questions these days but he leaves the Chamber when questions to the Taoiseach are due to be answered. The Taoiseach is reducing his accountability to the Oireachtas by extending Cabinet confidentiality——

An Ceann Comhairle: This is Question Time.

Deputy Micheál Martin: ——to almost all of his Department’s work. When I asked the Taoiseach about statements he made to the Gaelic Athletic Association he transferred it to the Department of Transport, Tourism and Sport stating it had nothing to do with his responsibilities to the House. The Minister of Transport, Tourism and Sport then told the House he could not answer the question because he was not present for the Taoiseach’s speech. This happens every day in a widening variety of areas but we keep hearing claims of reform and accountability. This is a systematic attempt to reduce accountability——

An Ceann Comhairle: A question please.

Deputy Micheál Martin: ——to the Chamber.

Deputy Paul Kehoe: I assure the Deputy that no effort is being made by the Government to reduce accountability to the House. Perhaps it is that Deputy Martin’s predecessors droned on in replying to questions whereas we get to the point and answer questions. It is why we have run out of questions today.

Deputy Micheál Martin: No, you have disallowed or transferred them.

Deputy Paul Kehoe: The question Deputy Martin asked was on the accountability of the Government to the Oireachtas and I have replied to that question. We have met Opposition Whips and come up with a number of reforms. I hope they will be introduced by the first sitting day in September. The package we will introduce will be meaningful for Members opposite as well as Members on this side of the House, as they will hold the Government to account and 507 Ceisteanna 13 July 2011. — Questions.

[Deputy Paul Kehoe.] we will have more meaningful debate. Fianna Fáil failed on this, as during 14 years in Govern- ment it did not introduce one reform.

Deputy Joe Carey: Hear, hear.

Deputy Paul Kehoe: We have been here for only four months and we will introduce a package of reforms. Deputy Martin is totally wrong to state the Government is afraid to reply to questions in the House. He sat on the side of the House for 14 years and did not introduce one reform. To criticise the Government’s reform package and accountability to the House is not meaningful.

Deputy Joe Carey: Hear, hear.

An Ceann Comhairle: A supplementary question.

Deputy Micheál Martin: Deputy Kehoe has given an overly partisan and ridiculous response to the points I made. Over a number of weeks, I have systematically pointed out the degree to which Cabinet confidentiality has been extended. The Cabinet council on economic management is a classic illustration of providing further cover to prevent any genuine questioning of what the Taoiseach is up to. The Government has talked a lot, overspun and underdelivered on all aspects——

An Ceann Comhairle: A question please.

Deputy Micheál Martin: ——of parliamentary reform. The Government’s behaviour is increasingly contemptible of the House. I genuinely believe this.

An Ceann Comhairle: Sorry Deputy——

Deputy Micheál Martin: I will now take leave of the House because I have not received a genuine response to the questions I tabled. I tabled them to the Taoiseach and not to the Minister of State so he could make facile partisan political points.

Deputy Paul Kehoe: If the Deputy wants to leave the House I have no problem with it, it is up to the Deputy. However, he has a spokesperson for each portfolio and if spokespersons are unable to question and hold to account Ministers it is not something I can do for them. It is up to each spokesperson. The other parties and groups are well able to hold Ministers to account. I understand Fianna Fáil might be in trouble but it has a job of work to do. The Taoiseach has come to the House on numerous occasions to reply to questions and has given very frank replies. The Deputy asked a question on holding the Government to account in the Oireachtas and that is exactly what I outlined. I outlined the reforms we will introduce. I have met Deputy Ó Fearghaíl on numerous occasions to discuss Dáil reforms and he is very interested in introducing reform and holding the Government to account. This side of the House is not afraid of the Government being held to account.

Deputy Gerry Adams: Caithfidh mé ará go bhfuil mé an-míshásta nach bhfuil an Taoiseach anseo chun na ceisteanna seo, faoin slí ina bhfuil an Rialtas ag obair sa Dáil, a fhreagairt. Ba mhaith liom dhá cheist faoin ábhar seo a chur. Tá alán athruithe sa chaoi ina oibríonn an áit seo de dhíth. Ní seisiún maith é seo fá choinne an cheist thábhachtach seo. I am relatively new here. I know the Taoiseach has spoken for a long time about the need for reform. However, I see no evidence of it. My question is specific. I asked the Taoiseach 508 Ceisteanna 13 July 2011. — Questions. whether he has taken any initiatives or consulted with other parties to ensure his better accountability to Dáil Éireann. I have asked scores of times how the Taoiseach can justify paying taxpayers’ money to unguaranteed senior bondholders while taking money from special needs services and hospitals. I have not received an answer to this question. No matter how many times I ask I do not receive an answer. Will the Minister of State advise me on how to obtain that information so that the members of the public, whom we all serve, can be better informed?

Deputy Paul Kehoe: I have no doubt the Deputy will be able to raise the issue of bondholders when he is debating the Private Members’ motion on special needs services this evening. Deputy Adams is here on a daily basis asking direct questions to the Taoiseach. I assure him the Taoiseach has answered any question put to him by Deputy Adams directly and truthfully. The Taoiseach is not afraid to come to the House to answer questions. It is interesting that Deputy Adams asked the Taoiseach about the measures he has put in place to ensure the accountability of the Government to the Oireachtas. This is what I outlined. In his supplementary question, Deputy Adams did not outline what we have proposed for Dáil reform. I understand the Deputy is new to the House but he has been here for four or five months and he should be well able to understand the workings of the House. In his supplementary question he criticised the Taoiseach. The Deputy’s question is on Dáil reform and better working of the House. This is what I would like to introduce and we will introduce it, next week and when we return in September. The Government will be held more to account when we introduce a range of reforms. I have also met the Sinn Féin Whip and he has outlined some of his proposals on Dáil reform. Some of them have been taken on board, as have proposals made by other parties and groups. We will introduce meaningful reform that will make a difference to the House. It will make the Government more accountable and the work of the Parliament more achievable. The most important role of the House is to legislate. People give out that there is not enough time to debate legislation. However, on a daily basis people call for statements on reports. I have no problem with this but Members cannot have it both ways. Either we debate legislation or we speak about the cat running across the road.

Deputy Gerry Adams: I do not want to talk about any cat running across the road, I want to speak about more serious issues than this. With respect, the Minister of State missed the point I am making. I want to know how to get information if the Government makes a commitment not to put one red cent into toxic banks or not to pay unguaranteed bondholders who are not part of any deal. I want to know how to get information on whether I am being misled if the Minister for Health gives statistics to the House which are at least dubious and are challenged by a hospital action group. If a Minister states social welfare will not be cut or if the Taoiseach repeatedly states special needs assistants in schools will be protected, and we all know children with special needs do not have the assistance they require, how will we deal with this? It is a profound issue. The mark of any republic must be equality for citizens. They are the people who send us here. If all citizens in the republic are to be treated equally how do we ensure this institution works in their interests as opposed to working for vested interests? That is my only concern. With respect, I am not concerned about discussing cats crossing roads. The Minister of State, Deputy Kehoe, sat on the Opposition benches for a long time. Is there some way for Opposition Deputies to get straight answers to straight questions?

Deputy Paul Kehoe: I assure Deputy Adams that the Government is giving straight answers to straight questions. The Deputy referred to statistics in connection with the Minister for 509 Ceisteanna 13 July 2011. — Questions.

[Deputy Paul Kehoe.] Health. While it is great for the Opposition to massage figures and statistics to suit its views, if the Deputies opposite want to listen to the truth, they should listen to what the Minister said.

Deputy Gerry Adams: My point is that the Government made a commitment to keep open the services in question.

Deputy Paul Kehoe: That is a matter for the Minister for Health. The issue of bondholders is one for the Minister for Finance. I cannot do anything if the Deputies opposite cannot hold the Ministers for Health or Finance to account when they are replying to questions in the Chamber.

Deputy Gerry Adams: The Minister of State is dodging my questions.

Deputy Paul Kehoe: Perhaps Deputy Adams should have a chat with his party’s spokespersons and give them some tips on how to hold Ministers to account. The question is about how to hold the Government to account and introduce reforms. We will introduce a reform package in September to make Parliament a place for more meaningful debate and ensure legislation can be swiftly brought through the House. While I do not want to guillotine legislation, we must bear in mind the original purpose for establishing this Parliament, namely, to pass legislation, which is what the Government wants to do.

Deputy Richard Boyd Barrett: Is it not contemptuous, arrogant and insulting to the representatives of the people in this Chamber that the Taoiseach has decided to absent himself when questions about his accountability — my question is not only about accountability to the Oireachtas but to the people — are being discussed? Is it not the case that the reason he has decided to absent himself from questions about accountability is that his credibility on accountability is under serious question?

An Ceann Comhairle: This is Question Time.

Deputy Richard Boyd Barrett: I am asking questions. Is it not the case that the Taoiseach has absented himself from the Chamber when questions about accountability are being discussed because he is not being accountable to the people who elected him in respect of the solemn promises he made to them about issues such as hospital services in County Roscommon and elsewhere? Is it not also insulting, contemptuous and arrogant that, in the gravest economic crisis the country has ever faced, when Deputies ask serious questions about the Economic Management Council in his Cabinet, which deals with the economic affairs of the country, we receive glib, smart alec answers from the Minister of State——

An Ceann Comhairle: Sorry, Deputy——

Deputy Richard Boyd Barrett: ——in which he informs us we should raise the matter with the Minister for Finance when he knows well that the Minister for Finance is only available——

An Ceann Comhairle: Sorry, Deputy, will you ask a question?

Deputy Richard Boyd Barrett: ——for questioning every four weeks? Is it not entirely legitimate for public representatives to ask about the Economic Management Council? Does Government accountability for its actions, the debates it is having and the issues that affect our country and people in a grave situation not require it to answer questions rather than running away from, slithering out of them or setting them aside by making the glib excuse that they should be asked here or—— 510 Ceisteanna 13 July 2011. — Questions.

An Ceann Comhairle: Deputy, will you please——

Deputy Alan Shatter: Is the Deputy making a speech or asking a question?

Deputy Richard Boyd Barrett: My contribution consisted solely of questions.

An Ceann Comhairle: They are not questions. The Deputy is making statements. The purpose of Question Time is to seek information.

Deputy Alan Shatter: The Deputy is in need of a psychotherapy.

Deputy Paul Kehoe: Deputy Boyd Barrett used the word “insulting”. Perhaps he will discuss the word with some of his colleagues in the Technical Group.

Deputy Richard Boyd Barrett: I am a member of the United Left Alliance, no member of which made insulting comments.

Deputy Paul Kehoe: If he wants to discuss the Economic Management Council, he should have tabled a question about it.

Deputy Richard Boyd Barrett: I did and it was——

An Ceann Comhairle: Deputy Boyd Barrett should speak through the Chair.

Deputy Paul Kehoe: If he wants to hold the Taoiseach to account, he should have used the word “Taoiseach” rather then “Government” in his question. Perhaps the Taoiseach would then be in the Chamber replying to his questions. Holding the Government to account is about what happens in the Chamber, which falls to the Government and Opposition Whips. The Deputy will learn this when he spends more time here. I assure the House that the Government is not afraid of being held to account on any occasion. The Deputy’s questions did not mention matters reform of the Dáil or the new proposals on Dáil reform. This shows his contempt and level of interest in the issue. He wants to play by his rules in the House. Unfortunately, he cannot do so because he must abide by certain rules and regulations. We are trying to change the position to make and hold the Government to account and make Parliament more of a debating Chamber than it is at present. We listened to the views of members of the Technical Group and have taken their views on board.

Deputy Gerry Adams: On a point of order——

Deputy Richard Boyd Barrett: I have a supplementary question.

An Ceann Comhairle: I call Deputy Seán Ó Fearghaíl.

Deputy Seán Ó Fearghaíl: I acknowledge that there has been active engagement among the Whips in dealing with the issue of accountability. I welcome the fact that the Committee on Procedure and Privileges will tomorrow address a report from the Government Whip. I hope a level of consensus will be achieved and the Government will not use its massive majority to ram it through the House. I welcome the involvement of the Ceann Comhairle and Committee on Procedure and Privileges in that process. I refer to the two points of principle made by party leader before he had to leave the Chamber under protest. Both issues go to the heart of the issue of accountability. The first related to the manner in which the Government is establishing Cabinet sub-committees and 511 Ceisteanna 13 July 2011. — Questions.

[Deputy Seán Ó Fearghaíl.] then hiding behind the cloak of Cabinet confidentiality. The second relates to the inordinate number of questions tabled to the Taoiseach which are being transferred. My party leader cited the example of a question put to the Taoiseach on a statement he made to the Gaelic Athletic Association which was subsequently transferred to a line Minister who was not present at the function in question, did not hear what was said and, therefore, could not respond. In such circumstances, how can the Taoiseach claim he is being accountable to the Dáil on the specific matter raised? Irrespective of for how long the Government Chief Whip replies to the question, it cannot be addressed without the Taoiseach being present.

Deputy Paul Kehoe: I welcome the Deputy’s comment that we have had meaningful discussions about Dáil reform. He also referred to holding the Government and Taoiseach to account. As the Ceann Comhairle outlined, if a Deputy has a problem with the manner in which questions are managed, he or she should raise it with the Ceann Comhairle who has overall responsibility for questions to the Taoiseach and decides which of them go to the Taoiseach and which to a line Minister. Questions about the Gaelic Athletic Association should be directed to the Minister for Trans- port, Tourism and Sport. If the Deputy were to table a parliamentary question to the Taoiseach, I am sure he will not have a problem replying to it. If he is so interested in a speech the Taoiseach gave at a GAA function that he wishes to discuss it, I have no doubt the Taoiseach will provide him with a copy. As part of the first phase of Dáil reform, a number of proposals will go before the Dáil reform sub-committee of the Committee on Procedure and Privileges tomorrow. The Ceann Comhairle has been actively engaged in this area and has made a number of suggestions. All sides, including the Government, are interested in the reform of the House and we will, in due course, include everyone in the process. Having been elected only four months ago, the Government has already drawn up a package of proposals. We have stated that this is the first of a number of phases of reform of the workings of the House, including debates, Question Time and the possibility of Opposition Deputies raising topical issues for debate. If this means holding the Taoiseach or Government Ministers to account, we will be interested in it. I assure Deputies that we are not interested in running away. We will continue to be held to account in the House. Opposition Deputies have been elected to the House to hold the Govern- ment to account. That is their job but if some of them are unable to carry out their duties to the best of their ability, there is very little I or any other Minister can do in that regard.

An Ceann Comhairle: I will explain procedure to the House so as to be clear about disallowances and so forth. A question is put to a Minister and not to a Department. If the Minister seeks the disallowance of a question it goes through a procedure and I am the final arbiter. I only deal with disallowances and my decision is based on what is contained in Standing Orders. I do not have a role in transferring questions from one Minister to another. This is a matter of fact.

Deputy Seán Ó Fearghaíl: Who does?

An Ceann Comhairle: I am not going to get into a debate. I am simply putting it on the record that my role is not to transfer questions. It is to deal with whether questions should be allowed or disallowed. If a question is incorrectly tabled to a Minister when it should have been tabled to someone else, that question is transferred to the appropriate Minister. I am not here to answer questions. I simply want to put that on record in case there is any misunderstanding of my role. 512 Ceisteanna 13 July 2011. — Questions.

Deputy Gerry Adams: Tá mé buíoch díot, a Cheann Comhairle, as an eolas sin a thabhairt. I thank you for that information. Would it not be appropriate, out of respect to the Dáil, that an explanation be given as to why the Taoiseach is absent today? Would that not be a cour- teous, cordial and fraternal thing to do?

An Ceann Comhairle: A question tabled to the Taoiseach does not necessarily have to be answered by the Taoiseach——

Deputy Gerry Adams: Tuigim sin.

An Ceann Comhairle: ——if the responsibility for the content of the question belongs to, for example, the Chief Whip or a Minister of State. Questions Nos. 6 and 7 are on matters relating to the census. The Central Statistics Office is the responsibility of the Minister of State at the Department of the Taoiseach. He would answer those questions. There will be times when questions to the Minister for Justice and Equality will be answered by a Minister of State at that Department, because of the delegation of responsibility. I ask the Minister of State to reply to the question.

Deputy Paul Kehoe: I assure you, a Cheann Comhairle, that the Taoiseach is not afraid to be held to account. These questions fall under my remit and I came here to answer them. Deputy Adams’s questions refer to holding the Government to account. Deputy Adams has not put forward a single suggestion this morning as to how better to hold the Government to account. It is a missed opportunity for Deputy Adams to table a question on this matter and not to put forward some suggestion as to how he would hold the Government to account.

Deputy Gerry Adams: I accept that the Taoiseach does not have to be here. He is entirely within his rights not to be here. Once again, Deputy Kehoe has ignored my question. He can take this as an example of holding the Government to account. I asked if, out of respect to the Dáil and a sense of fraternal good manners, it would be useful for the Dáil to be given an explanation as to why the Taoiseach is not here.

Deputy Paul Kehoe: I repeat what I said. These questions fall under the Chief Whip’s remit.

Deputy Gerry Adams: The Minister of State is missing the point, or ignoring the point.

Deputy Paul Kehoe: The questions are my responsibility. That is why I am replying to them. They are my responsibility. I am responsible for Dáil reform and this falls under Dáil reform. There is very little I can do if Deputy Adams does not want to accept my explanation. That is the question the Deputy asked——

Deputy Gerry Adams: It is not.

Deputy Sandra McLellan: Not at all.

Deputy Paul Kehoe: I have given the Deputy an explanation. He asked why the Taoiseach is not here. Am I right in saying that?

An Ceann Comhairle: All questions should be put through the Chair. We are getting nowhere on this topic.

Deputy Gerry Adams: I am wondering if there has been a coup within Fine Gael. I asked a straight question. Can the Chief Whip give us an explanation for why the Taoiseach is not here? Is he doing something more important? 513 Ceisteanna 13 July 2011. — Questions.

An Ceann Comhairle: That is not a supplementary question.

Deputy Paul Kehoe: There was a coup in Sinn Féin when they got rid of poor Deputy Caoimhghín Ó Caoláin and put him to the side benches. I can assure Deputy Adams there has been no coup. The Taoiseach is not afraid to answer any question. Deputy Adams may be able to understand what I am saying if I say it slowly. The question tabled by Deputy Adams falls under the remit of the Chief Whip. It refers to Government accountability and Dáil reform. If he had asked about the accountability of the Taoiseach then the Taoiseach might be here replying to that question. The Deputy asked about holding the Government to account. That relates to Dáil reform proposals, which is exactly what we are talking about this morning. It is unfortunate that we have been here for the past 35 or 40 minutes and Deputy Adams has not put forward a single practical suggestion as to how to reform the Dáil or hold the Government to account. It is unfortunate that Deputy Adams is missing out on a debate we could have because he is more interested in talking about the Taoiseach not being here and about this, that and the other. I would rather have a proper debate on Dáil reform.

Deputy Gerry Adams: I have been misquoted, a Cheann Comhairle, and I beg your indulgence for a moment.

Deputy Richard Boyd Barrett: I have been misquoted too.

Deputy Gerry Adams: Has the Taoiseach taken any initiative or consulted with other parties to ensure his, meaning the Taoiseach’s, better accountability?

An Ceann Comhairle: We cannot spend more time on this matter. I am moving on to the next questions. There appears to be some misunderstanding regarding the questions being asked. The Chief Whip and Minister of State at the Department of the Taoiseach is responsible for Dáil reform and deals with matters related to it. With regard to other issues, the Deputy will have to table a further question. I call Deputy Boyd Barrett to ask a very short supplementary question. We have spent almost half an hour on this question.

Deputy Richard Boyd Barrett: Everyone else has been allowed to ask three or four supplementary questions. I have had only one chance to speak.

An Ceann Comhairle: Ask your supplementary question, please.

Deputy Richard Boyd Barrett: No member of the United Left Alliance made any comment——

An Ceann Comhairle: That is not a supplementary question.

Deputy Richard Boyd Barrett: An allegation was made on the floor of the House.

An Ceann Comhairle: It is not a supplementary question.

Deputy Richard Boyd Barrett: Is the Minister of State allowed to make an allegation but I am not allowed to respond to it?

An Ceann Comhairle: This is Question Time. 514 Ceisteanna 13 July 2011. — Questions.

Deputy Richard Boyd Barrett: I will ask a question. I simply want to speak one sentence to clarify a false allegation made by the Minister of State.

An Ceann Comhairle: This is Question Time. You are supposed to ask a supplementary question. If you do not have a supplementary question please resume your seat.

Deputy Richard Boyd Barrett: I have a supplementary question.

An Ceann Comhairle: Then ask the supplementary question.

Deputy Richard Boyd Barrett: There is one rule for me and one for everyone else.

An Ceann Comhairle: The same rule applies to everyone here.

Deputy Richard Boyd Barrett: My question was about the accountability of the Government. That is not just about Dáil reform. It is about the accountability of Government. The Minister of State might agree that we are not allowed to make suggestions because we are only allowed to ask questions. Our question to the Minister of State is: What measures is he 12 o’clock taking to ensure the accountability of the Government? If the Minister of State wishes I will say what I mean slowly, so that I can get a clear answer from him. What measures is he putting in place to ensure that when, for example, solemn promises made to the electorate before an election in order to get their votes are then broken, the public have some recourse to hold the Government accountable on those broken promises? Will he, for example, introduce a measure whereby people can get half a million signatures for a petition to call a referendum on an issue where such a controversy arises? Will he introduce such a measure so that the people of Roscommon, Loughlinstown and elsewhere, who had promises made to them about their hospitals, can hold the Government to account for what it said before the election?

Deputy Paul Kehoe: We are bringing a number of reform proposals forward. The Whip of the Technical Group, of which Deputy Boyd Barrett is part, was instrumental in making some of those proposals and bringing them forward. Tomorrow, those proposals will go to the Com- mittee on Procedure and Privileges. I hope they will be on the Order Paper next week and that we can introduce the changes in the first week of September. I assure the Deputy there will be plenty of opportunities to debate the issues in this Chamber and to hold Ministers to account, whether it is to do with bondholders, Roscommon hospital or any other issue. He will be given every opportunity to hold the Government to account. We are not afraid of giving Members opposite the opportunity to do that and that is why I will introduce those changes. Fianna Fáil was in Government for 14 years and no changes were made to Standing Orders regarding Dáil reform.

Deputy Richard Boyd Barrett: We all agree with that.

Deputy Paul Kehoe: We are in office for four months and I ask the Deputy to give us a chance to put the reform proposals together and to bring them forward. If the changes do not work, the Technical Group is represented by a Whip. I aimed my comments at this group rather than the Deputy’s party when I earlier addressed the word “insulting”. If the Whip is not happy when the proposals are debated in the House in September, she will be entitled to say something is not working at the Whips meeting and that she has a better idea and to outline the changes she would like to make. I have no doubt the Deputy and his colleagues will instruct her to do that. 515 Ceisteanna 13 July 2011. — Questions.

Census of Population 6. Deputy Liam Twomey asked the Taoiseach when he expects to publish the first results of the recent census; and if he will make a statement on the matter. [15403/11]

7. Deputy Gerry Adams asked the Taoiseach the date on which the results of the census will be published. [17109/11]

Deputy Paul Kehoe: I propose to take Questions Nos. 6 and 7 together. The preliminary results of census 2011 were published on 30 June. This was just seven weeks after the end of the census field campaign which concluded on 13 May. The results are based on summary counts for each enumeration area, which were compiled by the 4,854 census enu- merators and were returned to the CSO in advance of the census forms themselves. The preliminary release, issued on 30 June, shows the total population of males and females by county, constituency and electoral division. It also provides information on the total housing stock and on vacant dwellings. The preliminary total for the population on census night, 10 April 2011, was 4,581,269 persons. This is an increase of 341,421 on the previous census in 2006 and this equates to an annual average increase of 68,284 persons or 1.6% per year. Processing of the census forms is under way in the CSO’s census processing centre in Swords. Over the coming six months the CSO will scan, process and code 20 million pages of census information. Following this, the first definitive results of the census will be published in March 2012, less than a year after census night. The results will be presented in nine census releases each covering a particular theme and containing thematic maps, interpretation and analysis of the data. A detailed timetable for the census publication programme will be published on the CSO website in September this year. The CSO and the census field staff received excellent co-operation from the public, and I would like to put on record my appreciation of their participation in the census and my thanks to the census staff for a job well done so far. I look forward to the more detailed census results next year.

Deputy Gerry Adams: Tá mé buíoch dóibh siúdabhí ag obair go dian ar an daonáireamh. I also commend the people who collated the preliminary census figures. It is clear we have had a higher than expected increase in population and our birth rate is the highest in Europe. Crucially, all these statistics will assist the Government and its agencies and local Government agencies in planning. In anticipation of the publication of the full results next March, has the Government plans to take on board the increase in population and the high birth place, particularly in regard to the provision of public services, especially in the health and education sectors? If so, will the Minister of State outline them? Will he ensure there will be a debate on this issue?

Deputy Paul Kehoe: I thank the Deputy. He is correct that the census figures will assist Government policy going forward. I met the board of the CSO and I wrote to a number of Ministers asking them to meet members of the board who have responsibilities for various elements of the census and the information that has been provided, whether that relates to health, education, enterprise, trade and employment and small business. The Government can use the information from the census when it is formulating policy and I hope Ministers will use the opportunity when meeting members of the board to use the information provided. The CSO could also have a role to play in the Oireachtas committee system. I would like its staff to attend committee meetings to outline the information they received, for example, relating to the health, education, special needs and disability sectors. There was a question on the 516 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage census form about disability and I would like that information to be used at committee level. It would also be opportune for the Opposition parties as well as the Government to use the information when they put policy together. Significant work has been done over the past few months on the census and this information can be of use. That is why I have written to a number of Ministers asking them to meet CSO personnel to use this information going forward.

Defence (Amendment) Bill 2011 [Seanad]: Second Stage Minister for Defence (Deputy Alan Shatter): I move: “That the Bill be now read a Second Time”. I am pleased to present the Bill to the House. This is the first Bill I will take in the House in my capacity as Minister for Defence. Anyone seeking to join the Defence Forces chooses a challenging and demanding career but one that is also fulfilling and rewarding. Each member takes a solemn oath to be faithful to Ireland and loyal to the Constitution marking them out from every other profession. In addition, each member undertakes to obey all lawful orders issued by a superior officer and to submit to the unique code of discipline which is an essential ingredient of military life. The men and women of our Defence Forces have from time to time been asked to undertake dangerous and difficult missions on our behalf, both within the State and while engaged in peace support or humanitarian missions abroad. I do not need to remind Members of the high regard in which our military personnel are held both at home and overseas. Our military personnel are widely admired for their outstanding commitment and professionalism. Ireland currently contributes 560 Defence Forces personnel to 11 different missions throughout the world. Also, approximately 150 additional personnel who have been on standby for rapid deployment as our contribution to the Nordic battlegroup were stood down at the end of June. The Defence Forces are now planning and preparing for Ireland’s participation in the Austrian-German battlegroup, which will be on stand-by for the second six months of 2012. In November 2010, the UN requested Ireland and Finland to contribute a mechanised infantry battalion amounting to 500 personnel to the United Nations Interim Force in Lebanon, UNIFIL. The Defence Forces deployed an advance group of the 104th Infantry Battalion to southern Lebanon on 30 May 2011 and the main contingent deployed on 23 and 27 June 2011. The Irish battalion, comprising 437 personnel, is based in Sector West of UNIFIL’s area of operations, centred on the major towns of Tibnine and Bint Jubyal and the ‘Blue Line’, which separates Lebanon and Israel. The Irish contingent will be joined by the Finnish armed forces early next year to form a joint Irish-Finnish contingent. A contribution of 560 personnel to overseas missions is a very significant contribution in the context of the reduced resources available and reflects the Government’s continued commitment to international peacekeeping and to the ongoing development of the Defence Forces. Over many years the Defence Forces have continued to evolve through an ongoing process of modernisation, organisational restructuring, enhanced training and with significant investment in new equipment. The Department of Defence and the Defence Forces have spent the past decade progressively improving the quality of services provided to client organisations at home to the security of the State and enhancing our peacekeeping capacity overseas. Prior to the current economic difficulties, the modernisation agenda and the associated development strategy outlined in the White Paper on Defence, which was published in 2000, delivered significant efficiencies within the defence organisation. Since 2000, new capabilities have been developed throughout the organisation, even though civil and military staff levels have been reduced significantly. The Permanent Defence Force has reduced in size from 15,201 517 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Alan Shatter.] members in 1981 to 9,595 members on 30 June 2011, the latest date for which figures are available. The ability of the Defence Forces to continue to maintain the high standards demanded of them requires complete clarity with regard to the exercise of command authority whether at home or abroad. In order to maintain standards and rise to the challenges of a military environment and all of the associated tasks, it is important to uphold a chain of command that is clear and unambiguous at all times. Indeed, this is critical to the maintenance of unit cohesion and operational effectiveness. The importance of upholding an independent, effective and efficient system of military discipline cannot be underestimated. Discipline is the essence of a military force. Commanding officers are responsible for discipline within their units. They exercise authority primarily through leadership and by inspiring the confidence, loyalty and trust of all those they command. This is underpinned by the legal authority given to commanders in respect of soldiers under their control. In that regard, it goes without saying that the Defence Forces must retain the power to enforce discipline through their own unique code of discipline within the military justice system. This disciplinary code must support operational effectiveness. It must be efficient and effective and, above all else, it must be fair to the individual. The system of military discipline is provided for under Part V of the Defence Act 1954. Following the enactment by the Oireachtas of the Defence (Amendment) Act 2007, military disciplinary procedures were brought up to date in order to reflect developments and innovations both in Ireland and internationally and ensure that members of the Defence Forces have an effective and modern disciplinary and judicial system. The 2007 Act created a system that reflects the civil legal process to the extent possible in a military environment. The Act radically overhauled the procedures for the investigation, summary disposal or trial by court martial of offences against military law committed by persons subject to military law. In summary, the 2007 Act provided for the following: the summary disposal of charges against military law; the establishment and jurisdiction of the summary courts martial; the appointment of a courts martial administrator, a director of military prosecutions and a military judge; the constitution of courts martial and membership of a court martial; matters of procedure before courts martial, including the award and execution of pun- ishments and the suspension of sentences; and the establishment of a courts martial rules committee and the making of court martial rules. The first case to be tried under the new military justice system was held on 9 September 2008 in Cathal Brugha Barracks, Rathmines, Dublin. Since then, 39 cases have been heard before the military judge. There are currently 22 cases awaiting dates for court martial. There have been a total of three appeals to the Courts Martial Appeal Court. The new military justice centre in McKee Barracks, Dublin, was officially opened on 6 July 2009. This facility boasts a modern courtroom with built-in digital audio recording system, waiting area, consultation rooms and related administrative and office facilities. The Bill is technical in nature and seeks to address a number of issues which have been identified subsequent to the enactment of the Defence (Amendment) Act 2007 which need to be addressed to ensure the smooth and continued operation of the military judicial system. Like any new system introduced, there is always a period of “bedding down” as an organisation adapts to new processes and procedures. The first of these issues concerns the provisions in the Act of 2007 relating to the posts of director of military prosecutions and military judge. These provide that to qualify for appointment to the positions, a person must be an officer of the Permanent Defence Force who is a 518 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage practising barrister or a practising solicitor of not less than ten years standing. This qualification criteria means that there are limited qualified personnel in the Permanent Defence Force for the posts. It is essential that those eligible for these important posts have the necessary experience to discharge the duties of the position. However, the current eligibility criteria means there is a very limited pool of officers who are eligible at any one time to compete for the posts. Indeed, given the small pool of legal officers that is likely to continue to be an issue into the future. In order to illustrate clearly this point and lest there should be any misunderstanding of the serious situation in which the Defence Forces find themselves with regard to filling these posts from existing internal structures, as it stands today there are currently eight legal officers in the legal service of the Defence Forces. Only two of these legal officers have ten years service and are eligible to compete for the vacant post of military judge, one of whom is already the serving director of military prosecutions, and the other is due to retire in September. Last week in the Seanad it was suggested that in order to counteract the shortfall of eligible candidates I should simply lower my sights and reduce the eligibility criteria from ten years service to eight years service. To suggest that as an alternative is to apply a very simple solution without having any appreciation or regard to the complexity and nature of the tasks required to be performed by an individual as either a military judge or director of military prosecutions. Both of these posts may involve the post holder making decisions leading to the termination of an individual’s career in the Defence Forces, their incarceration or both. It is essential that anyone exercising the functions of either the director of military prosecutions or those of a military judge must be in a position to weigh such onerous considerations appropriately and that only comes with experience. Ten years service is the minimum service requirement in respect of appointment as Director of Public Prosecutions and in respect of judges of the District or Circuit Courts. It was also the basis upon which the Defence (Amendment) Act 2007 was drafted and enacted by the Oireachtas. Furthermore, were one to consider a reduction to eight years service the impact of that as of today’s date would be to pull a further two candidates into the net for consideration giving a total of four candidates, bearing in mind one is due to retire in September 2011, so technically there would only be three candidates eligible for such appointment. The three candidates would be the only candidates technically eligible for appointment to two posts. Therefore, there is a need to widen the pool and ensure there is an adequate number of people to choose from. In the context of the continued modernisation of the disciplinary and judicial system of the Defence Forces it is essential that competition exists for any appointment to either the post of director of military prosecutions or as a military judge. The competition must be real. One of the key elements of the Bill we are considering today seeks to ensure that this will be the case. The second issue relates to the post of military judge. Given the scale of the military justice system, one military judge is deemed sufficient to undertake the case load. However, concerns have been raised that if an officer appointed as a military judge had a previous involvement in a case, or is ill or absent or otherwise unable to carry out his or her functions, this may give rise to a need for the availability of an alternative judge. For example, given the small cadre of legal officers, there is a significant possibility that a judge could have knowledge of persons who come before him or her. Such a scenario is not currently provided for, unfortunately, under the Defence Acts, and the Bill before us seeks to address the issue. The final issue being addressed in the Bill relates to the fact that there are a number of personnel within the Defence Forces who are qualified barristers or solicitors and who use these qualifications as part of their day-to-day duties, but who do not work within the Defence Forces legal service structures. While the Defence Forces are introducing more clarity in the 519 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Alan Shatter.] job specifications for such posts, which will make clear whether being a barrister or solicitor is a requirement for a particular job, the fact remains that some individuals have been undertaking such work over many years and some clarity is required as to whether this service meets the service requirements for appointment to the post of Director of Military Prosecutions or as a military judge. Last week in the Seanad, it was put to me that there was a back-story to the introduction of this legislation and there was some suggestion that a particular individual was being facilitated by it. The situation is very simple. For the sake of clarity and lest there be any misunderstanding, I will re-iterate the position as outlined by me last week in the Seanad. It is not usual to go into details of this nature about an individual’s circumstances, and I regret the necessity to do so as I believe it is particularly unfair to the person concerned. However, in the context of the issues raised in the Seanad last week, it is important for me to outline to the House the facts pertaining to the filling of the military judge post last year, when my predecessor Tony Killeen was the Minister for Defence. When I came into office, there was a problem in this area of which both Mr. Killeen and Deputy Ó Cuív, who was briefly Minister for Defence, were aware. The problem was simple. A selection committee, as provided for under the 2007 Act, comprising of the Judge Advocate General, the Chief of Staff and a High Court judge nominated by the President of the High Court, who chaired the selection committee, properly selected an individual to fill the position of military judge. Following the selection of the individual and prior to his appointment as military judge, an issue arose, as a result of some other intervention, with regard to whether he fulfilled the legal eligibility criteria. When the selection committee was reconvened last September, I am advised it was unable to resolve the issue. It was not that the individual was determined to be ineligible; rather, the committee could not resolve the question of whether he was eligible because of the manner in which the current legislation is phrased. The committee found that the person it had selected was qualified and suitable in all relevant respects to be appointed as a military judge, including the fact that he had been a qualified barrister for at least ten years. The issue the committee felt it could not determine conclusively was whether the post the person had previously held had had as a requirement and prerequisite that the person be a qualified barrister or solicitor. The committee was unable to resolve the issue because of the obscure wording in the defence legislation, particularly the Defence (Amendment) Act 2007. The matter has rested since September and, as a result, a further problem has now arisen in that the court martial system is in a state of paralysis. As I already mentioned, the number of cases currently waiting to be heard before court martial is 22. If I had simply ordered a new competition to be run it would not have solved the issue at hand as the doubt about the eligibility of the individual in the first instance would still remain. Accord- ingly, I determined that we would need to redefine eligibility and that it was urgent to introduce legislation to the House to address the issue. This Bill seeks to address comprehensively a problem that, frankly, the former Government chose to ignore. My concern in introducing this legislation was not to address the position of any individual but to establish coherent legislation in respect of which there could be no confusion about eligibility criteria, and to go further by extending eligibility to a broader pool of people. I did not believe it was appropriate that such important positions should be confined to such a small number of people, as is currently the case. I did not wish simply to address the circumstances of one individual. The Bill I have produced is not designed to hand this post to any particular individual. In order to fill the post of military judge, a new competition will be required following its enactment. I have no doubt this legislation is in the public interest and in the interests of both the 520 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

Defence Forces and the individuals who are awaiting the determination of their cases by the military tribunal. In order to address the aforementioned issues, the Defence (Amendment) Bill 2011 provides for amendment to the Defence Acts 1954-2007 to expand the potential candidature for appointment to the posts of military judge and Director of Military Prosecutions to persons other than members of the Defence Forces, and for an amendment to the powers of the selection committee to determine a candidate’s qualification for appointment to these posts. With regard to the issue of an alternative judge, it also provides for the appointment of a Circuit Court judge to perform the functions of the military judge where the military judge is not available for whatever reason. I will now turn to the specific provisions of the Bill. Section 1 outlines the definitions for the purposes of the Bill. Sections 3 and 4 provide that the committee established under section 184D of the Defence Act 1954 for the purposes of identifying candidates and informing the Minister of their suitability for appointment to the post of Director of Military Prosecutions may determine a candidate’s qualification for the post. In addition, the existing legislative provisions mean that there is an extremely limited candidature from within which the post of Director of Military Prosecutions can be filled. In this context, sections 3 and 4 also provide for an expansion of the potential candidature for appointment to the post of Director of Military Prosecutions to persons other than officers of the Permanent Defence Force. Sections 5 and 6 provide that the committee established under section 184K of the Defence Act 1954 for the purposes of identifying candidates and informing the Government of the suitability of those candidates for appointment to judicial office may determine a candidate’s qualification for the post of military judge. As with the post of director of military prosecutions, the existing legislative provisions mean that there is an extremely limited candidature from within which a person can be appointed as a military judge. I have already detailed in full the extent to which it is limited. In this regard, sections 5 and 6 also provide for an expansion of the potential candidature for appointment as a military judge to persons other than officers of the Permanent Defence Force. Section 7 provides that the Minister for Defence, having consulted the Minster for Justice and Equality, may request the President of the Circuit Court to temporarily designate a Circuit Court judge to perform the functions of a military judge under certain circumstances. This would include circumstances in which no person has been appointed as military judge; a military judge appointed under the principal Act is ill, absent or otherwise unable to carry out his or her functions; or a military judge cannot properly deal with a matter before him or her. The current position is that if the military judge is absent for whatever reason, the military justice system simply cannot not function and grinds to a halt. It is essential that the system is capable of functioning at all times and by providing for circumstances in which a temporarily designated Circuit Court judge can perform the functions of a military judge, I am seeking to ensure this is the case. Sections 2, 8, 9 and 10 provide for amendments to section 2 of the Defence Act 1954, the Courts of Justice Act 1947, section 240 of the Defence Act 1954 and section 240B of the Defence Act 1954, respectively, consequent to the provisions of section 7. Section 11 provides for the Courts-Martial Appeals Act 1983 to be amended to provide that a Circuit Court judge temporarily designated under section 8 of this Bill to carry out the functions of a military judge under the Defence Acts and any instruments made under that Act may also perform the functions of a military judge under the Courts-Martial Appeals Act 1983 and any instruments made under that Act. This new section was introduced by way of amendment on Committee Stage in the Seanad last week. Section 12 provides for the Short Title, collective citation, construction 521 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Alan Shatter.] and commencement of the Bill. Essentially, the provisions of the Bill extend eligibility to barristers and solicitors of ten years’ standing for the two specific appointments mentioned, as well as addressing the difficulties that could arise in determining whether an individual applicant for either post is eligible to be appointed to such a post. I am very pleased to submit this legislation for the consideration of the House. I firmly believe the changes to the Defence Acts 1954-2007 are both necessary and desirable to ensure the military law justice system operates in a smooth, efficient and expeditious manner and will continue to contribute significantly to the maintenance of discipline within the Defence Forces. It would be damaging to the Defence Forces if this legislation were not rapidly enacted to facilitate the operation of the military justice system and unfair to the 22 individuals who await issues to be addressed by military courts. It is unfortunate that legislation of this nature was not introduced in autumn 2010 when the nature of the difficulty that had arisen with the criteria in the legislation became clear. I hope the legislation will have the support of the House. I also hope there will be a more careful and considered debate about this legislation than the one that occurred in the Seanad. I am concerned that the reputation of an entirely innocent individual, who found himself in difficulties through no fault of his own due to the obscure provisions contained in 2007 Act, was traduced and his personal circumstances unnecessarily aired in public. I hope this will not be repeated in this House which is neither in the public interest nor that of the Defence Forces. I look forward with anticipation to hearing the views and contributions of Deputies in their deliberations and reflections on the Bill. I commend the Bill to the House.

Deputy Seamus Kirk: The Defence (Amendment) Bill 2011 contains four main provisions, the first of which is the most important. Following on from the Seanad debate, Fianna Fáil does not agree with this first element. The first provision seeks to allow persons who are not members of the Defence Forces to be appointed to the posts of military judge and Director of Military Prosecutions. When the Bill was going through the Seanad, Senator Denis O’Donovan spoke out against it because he felt it was introduced to suit one specific person. Creating legislation for a particular individual’s circumstances is undemocratic and wrong. This legislation needs to be examined further. I have serious reservations about an individual who has minimal court experience working as a judge in a military situation. Are there not qualified people in the Defence Forces able and willing to be a military judge? Does it not make sense for a military judge to have served time in the military and, accordingly, know the ins and outs of the military system, rather than an outsider with no internal knowledge of the military system? If this legislation is passed, and certain favouritism given to certain individuals in the armed forces, it will not only raise a moral issue in what is right or wrong but could have a constitutional element which may reflect badly on the running of the House.

Deputy Alan Shatter: It is regrettable that the Deputy is rerunning this issue.

Deputy Seamus Kirk: I did not interrupt the Minister.

An Leas-Cheann Comhairle: I just want one speaker only.

Deputy Alan Shatter: It does not do service to the Defence Forces or any individual.

Deputy Seamus Kirk: What role did the Representative Association of Commissioned Officers, RACO, play in formulating this policy and legislation? Did RACO, through one 522 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage source or another, lobby the Minister’s office on the appointment of a particular individual? This could be seen as a grey area but needs to be investigated further in the hope that RACO had not lobbied the Minister on behalf of one individual. Elements of the legislation are seriously flawed and may give rise to constitutional challenges. I hope the Minister is aware of this and will reformulate the Bill to address these issues. The Bill amends the powers of the selection committee to determine a candidate’s qualification for appointment to these posts. It also provides for the appointment of a Circuit Court judge to perform the functions of the military judge when the military judge is not available. Previous Fianna Fáil-led Governments were committed to the protection and successful delivery of a strong and efficient Defence Forces. The Defence (Amendment) Act 2007, introduced by the then Minister for Defence, Deputy Willie O’Dea, made several changes to the military justice system. It revised disciplinary provisions of the previous Acts, implemented a new system of military justice and applied civil and legal principles to aspects of the military legal process. The 2007 Act provides that the Director of Military Prosecutions must be an officer of the Defence Forces and a lawyer of not less than ten years standing. The position of director is independent of the chain of command with powers similar to those of the Director of Public Prosecutions. In a similar vein, the 2007 Act states the military judge must be an officer and a lawyer of not less than ten years standing. The military judge is also independent of the chain of command with powers similar to those of a judge of the ordinary civilian criminal courts. When introducing the Act, the then Minister for Defence, Deputy O’Dea, stated the new military justice system would bring military procedures into line with civilian legal developments in Ireland and internationally and would ensure the procedures fully comply with the European Court of Human Rights. Key provisions included the establishment of a new summary court martial, the restructuring of general and limited courts martial, the appointment of a courts martial administrator, the establishment of an independent prosecuting authority, the Director of Military Prosecutions and the creation of an independent military judicial office, the military judge. The changes of the 2007 Act were described by the legal commentator, Mr. James Mulcahy in the Irish Law Times“as a radical overhaul of the existing structures and procedures governing summary investigations and courts-martial”. Along with the Defence Act 2007, the White Paper on Defence 2000 has provided the main policy framework for the Defence Forces over the past ten years. Under it the Defence Forces have experienced a period of reform which, according to the Department of Defence, has seen them downsized and transformed into a more effective force, which costs less. It is maintained it has delivered significant savings to the Exchequer and that this modernisation programme is unique to the public sector as it has been funded by cuts and closures within the organisation itself. According to the Department of Defence, defence expenditure as a percentage of overall gross Government expenditure has decreased from 3.31% in 2000 to 1.59% in 2010. Over the decade, defence expenditure as a percentage of gross national product decreased from 0.85% to 0.7%, while expenditure as a percentage of gross domestic product decreased from 0.72% to 0.58% in the same period. In 2011, gross expenditure, excluding capital carryover, is estimated at €933 million. Further to this, the National Recovery Plan 2011-2014 sets out a requirement for the Depart- ment of Defence to deliver an additional €109 million in savings by 2014. These savings comprise both payroll savings and non-pay savings. Employment in the Defence Forces has decreased from 18,603 in 1981 to 10,647 at the end of January 2011. The national recovery plan 523 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Seamus Kirk.] provides for further reductions in the numbers in the Defence Forces, which will reduce the strength of the Permanent Defence Force to 9,600. There have been several developments in other countries which have a link to military law. In the United Kingdom, the Armed Forces Act 1996 strengthened the independence of courts martial. This was due in part to several challenges before the European Court of Human Rights. The Armed Forces Discipline Act 2000 amended the military discipline system so that a judicial authority can determine whether a suspect or accused should be held in custody. It also gives the accused an earlier opportunity to elect to be tried by court martial and it establishes an appeals procedure summary cases, verdicts for which there was no jury. It is important to determine the differences between civilian and military judges and highlight the specific nature of the military judge. The form of military justice is dictated by the unique position of the military and the greater demands placed on soldiers than those demanded of any other category of person in the State. This is seen as needed to protect structure and discipline, necessary elements in military structure and function. In addition, there are several offences under military law — such as being absent without leave — that could not be deemed offences within a civilian environment. It is clear that what is needed is a military judge who has military experience. Individuals might be experts in civil and criminal law cases but I am of the opinion that hands-on experience is needed for the protection and honour of our Defence Forces. The armed forces of Ireland, known as the Defence Forces or Óglaigh na hÉireann, encompass the Army, the Naval Service, the Air Corps and the Reserve Defence Force. We are proud of the work they do, not just in Ireland but also in conjunction with the UN overseas. There are currently 10,647 brave men and women who serve our country as members of the Defence Forces. There needs to be a bottom-up rather than a top-down approach in respect of military judges. More respect is shown for a military judge who has represented his country than would be shown for certain individuals who have no expertise in military law. Ireland has always been perceived as punching above its weight in respect of its Defence Forces. Long may that continue. At present, we are contributing 560 Defence Forces personnel to 11 missions throughout the world. Relative to its size and resources, Ireland is proportion- ately a very large contributor to peacekeeping within the international community. I reiterate what I said earlier, namely, that my party does not support some elements of the Bill. Specifically, we are opposed to the fact that it is being introduced to benefit one person. This is a constitutional matter and what is being done is wrong and immoral. I urge the Minister and the Government to seek solutions to this problem in order that Óglaigh na hÉireann will be protected and will continue to be a strong, unified organisation responsible for protecting our country. I hope that the Government will listen to the Opposition in this regard.

Deputy Jonathan O’Brien: I am sure the Minister thought he was going to have an easy time of it today. However, as was the case when the Bill was debated in the Seanad, certain circumstances have been referred to and particular accusations have been made. I will return to that matter later. When I first read the Bill, I was of the view that dealing with it would be a simple matter but that is not the case. The White Paper on Defence published in 2000 has provided the main policy framework for the Defence Forces during the past decade. It outlined ways in which we could modernise the Defence Forces by downsizing them and reorganising their structures. As the previous speaker indicated, the number of personnel within the Defence Forces has 524 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage decreased dramatically in recent years from in the region of 15,000 to approximately 10,500. With further reductions, it is hoped that this can be decreased further to 9,600. I have no doubt that it has been a challenging exercise for the Department to try to remove that many personnel from the Defence Forces while maintaining the latter’s operational effectiveness and discipline. Such a process cannot be easy for anyone involved, including the Mini- ster and the Defence Forces themselves. However, the greatest challenge that arises is probably that of reducing numbers while maintaining the professionalism we expect of the Defence Forces. Discipline is the rock upon which any military organisation is built. Without discipline, there is anarchy. In order to maintain high standards, it is important that there should be clear lines of responsibility and command. Operational effectiveness and cohesion cannot exist if those lines are blurred. In the context of discipline, it is extremely important that those who rule on cases of indiscipline must meet the highest standards, must apply the rule of law in an impartial and fair way and must ensure that human rights are always to the fore when carrying out their duties. In essence, that is the purpose of the Bill. We are setting down in legislation mechanisms to allow the Defence Forces to avail of the talents on offer from the best legal minds. The reduction in numbers experienced by the Defence Forces as a result of their reorganisation has put pressure on them to maintain their high standards of military law. In 2001, the review of the existing law was carried out by the military law review board. That review led to the passing of the Defence (Amendment) Act 2007, which completely overhauled the old system of military justice in the State and applied civil and legal principles to particular aspects of the military legal process. The Bill attempts to further improve and clarify matters in that area. Sections 3 to 6, inclusive, amend the 2007 Act to expand the scope of the candidature for appointment to two posts, namely, those of military judge and Director of Military Pros- ecutions. If passed, the Bill will allow individuals who are not members of the Defence Forces to be eligible for consideration for appointment to these posts. I listened to the debate on the legislation in the Seanad and there was a great deal of discussion with regard to reducing the requirement relating to experience from ten years to eight. I agree with the Minister that it is important to retain a ten-year requirement. There are two reasons for this. First, a similar requirement applies in respect of the appointment of District Court and Circuit Court judges and the Director of Public Prosecutions and, second, as the Minister pointed out, even if it were reduced to eight years, the cohort of people who could be considered for appointment would not be expanded. It would not, therefore, make sense to lower this requirement to eight years. The Minister’s proposal in this regard is correct. Section 7 provides for the appointment of a Circuit Court judge to perform the functions and duties of a military judge where the latter is not available. The section also outlines the circumstances in which a Circuit Court judge can be asked to perform those functions. As already stated, following my initial reading of the Bill I did not have any problem with it. I was of the view that what is being done in this regard represents a prudent move on the part of the Minister, particularly when it is placed in context with the decreasing numbers of personnel within the Defence Forces. That is why I was surprised by the nature of some of the debate which took place in the Seanad. The previous speaker echoed certain aspects of what was stated in the Upper House. I read with interest the contributions on the Bill by Senators Denis O’Donovan and Rónán Mullen. Both Senators raised various questions with regard to the reasons why the Bill was brought forward and queried the motives of the Minister. For example, Senator Mullen stated:

525 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Jonathan O’Brien.]

With all the talk about widening the pool and ensuring competition, the back-story to the legislation raises the suspicion that the provision is not simply about ensuring competition in the future but is designed to eliminate the competition in the present... while Senator Denis O’Donovan stated:

Let us remove the fluff from the Bill and get rid of the notion that the Bill contains measures to expand the pool of people who are entitled to be appointed as judges. If we take away the flesh and get down to the bone, we can see the truth of the contention I made that this Bill is primarily to facilitate a particular individual and to ensure the Department and the new Minister are not sued in the courts...

I do not know the back story to this matter. I do not even know if there is a back story to it. The Minister clarified the position during his contribution but it is regrettable that this matter was raised during the debate in the Seanad. If individuals had concerns about the Bill when it was published, they could have approached the Department and the Minister without airing this matter publicly. That would have been the proper way to proceed. As the Minister indicated, some 22 people are awaiting courts martial. It is important that a degree of clarity be brought to the situations of these individuals. That this is what the Bill is designed to achieve. Section 11, as a result of the amendment, will ensure that the position will be rectified. In such circumstances, it is regrettable that we are discussing side issues rather than the substance of the Bill. I accept that the Minister provided clarification. However, if there is additional information available, I ask that he consider sharing it with Opposition spokespersons by way of a briefing session. This would ensure that everyone would be comfortable in respect of the Bill. I am not trying to muddy the waters but this matter was raised in the Upper House and it was referred to again by the previous speaker. I would not be fulfilling my role as an Opposition spokesperson if I did not comment on it. However, I will say no more on the matter. The Bill is needed and is welcome because we need to bring clarity to the situation for those awaiting court martial. Therefore, Sinn Féin will support the passage of the Bill without amendment.

Deputy Seamus Healy: I will share time with Deputies Mattie McGrath and Maureen O’Sullivan. I welcome the opportunity to speak on the Bill and on the Defence Forces generally. I have listened to the Minister and previous speakers and welcome the debate on this important issue. The Bill is driven by a number of elements. There have been international developments in this area, particularly in Australia and the United Kingdom, in recent years. There are also existing difficulties within the Defence Forces to which the Minister has referred. He described these in terms of the “paralysis in the current situation”. The Minister also mentioned another element, namely the background to the White Paper on defence in 2000 and the consequence of that in that there is now a small pool of officers available for this type of duty. I often wonder whether a member of the Defence Forces should be entitled to have access to the normal legal procedures to which each of us is entitled and would like to see serious consideration given to this. I hope there was consultation on this Bill with organisations such as the Permanent Defence Forces Other Ranks Representative Association, PDFORRA, RACO and the Ombudsman for the Defence Forces. Was there such consultation and discussion with these and other relevant 526 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage organisations prior to the drafting of the Bill? I believe the trade union movement and trade union representation should be available to members of the Defence Forces. We are all entitled to such representation as a right and the members of the Defence Forces should not be discriminated against in that regard. Some international defence forces have that entitlement. Trade union representation should be available to members of the Defence Forces. Reference has been made to the 2000 White Paper on defence by a number of speakers. The background to that White Paper was the rationalisation and downsizing of the Defence Forces. It is now clear that significant reductions in numbers and facilities have taken place over the past number of years. Expenditure on defence as a percentage of overall gross Government expenditure has decreased from 3.31% in 2000 to 1.59% in 2010. Over the decade, expenditure on defence as a percentage of the gross national product decreased from 0.85% to 0.7%, while expenditure as a percentage of gross domestic product has decreased from 0.72% to 0.58%. There has also been a decline of €41 million in the 2010 budget and this will be followed by a reduction of another €109 million in targeted savings between now and 2014. There has been a significant decrease in the numbers in the Defence Forces, with a drop from over 15,000 in 1991 to 9,595 as of 30 June 2011. I believe this should be the end of the downsizing of the Defence Forces. We in Clonmel and the south Tipperary area in general would like to put down a marker with the Minister with regard to the retention of the Defence Forces at Kickham Barracks in Clonmel. There has been a military presence in the town since Clonmel defeated Cromwell in 1650. In recent years, the proposals put forward by a number of governments have been successfully opposed by the people of the town. Kickham Barracks is vitally important to south Tipperary and is an essential element of the local community in Clonmel. I thank the Defence Forces nationally, but particularly in Clonmel where they are part and parcel of the fabric of the town and its communities. Individual members of the Defence Forces work across the spectrum, whether through charitable work, sports, cultural or education work. They are a vital element of the life and work of the people of Clonmel and south Tipperary and I would like to thank them in particular for the work they have done in supporting the population of Clonmel during flooding emergencies. The presence of the Defence Forces in the town of Clonmel is also hugely important for the economic life of the town. The 12th battalion at Clonmel barracks brings millions of euro into south Tipperary on an annual basis and provides significant employment in the area. Also, members of Óglaigh na hÉireann and ex-members in the Irish United Nations 1o’clock Veterans Association work tirelessly within local communities. I would like to acknowledge the work done by people like Billy Keane and Martin Fennessy. Billy is a retired member of the Defence Forces and is chairman of the Clonmel boxing club, while Martin Fennessy, currently a serving member of the Defence Forces, is chief coach and manager for the club. The club has been very successful over the past number of years. I would like to thank the Defence Forces for their work at home and abroad. I am sure that further amendments to the legislation will come before the House. We will consider any amendments coming forward before making a judgment on them.

Deputy Mattie McGrath: I am pleased to have an opportunity to contribute to this debate. The purpose of military law is the maintenance of good order and discipline within the Defence Forces. Matters arising in a military force should be investigated swiftly and be seen to uphold military law in a fair and transparent manner. The principal role of the Defence Forces is to defend national security. In carrying out that duty, a soldier may be called on to put his or her life on the line or to entrust his or her life to fellow soldiers. Obedience to commands is integral to a soldier’s existence. Therefore, the maintenance of good order and discipline is a key element of army life. Nobody would question that. 527 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Mattie McGrath.]

I take this opportunity to voice my great respect and regard for Óglaigh na hÉireann since its formation. As well as the important duties it carries out within the State, it has played its part in world affairs through its many overseas missions, which have earned its members the respect of world leaders and opposing factions. Soldiers who engage in overseas missions do so from a sense of duty to the tricolour, serving Ireland with dignity and decorum. They have earned huge respect. The key goal of the White Papers on Defence was to ensure the existence of a modern and sustainable Defence Forces with the capacity and flexibility to undertake all roles assigned by the Government. One of the key policy decisions was the reduction in size of the force. As other speakers observed, that rationalisation has been carried out and we have had barracks closures throughout the State. For the future security of the State, it is now time to bring that downsizing to an end. The Defence Forces cannot operate without adequate numbers. We can introduce all the rules and procedures we like, but if there is not a sustainable and adequate presence in the forces, members’ self-esteem will suffer and we will not have an organisation of which they and we can be proud. The Department of Defence has stated that under the process of reform set out in the 2000 White Paper, the defence organisation has been downsized and transformed into a more effective force which costs less in real terms. We are told that this has delivered significant savings to the Exchequer and that the modernisation programme is unique to the public sector as it has been funded by cuts and closures within the organisation itself. I wonder whether the views of the Representative Association of Commissioned Officers, RACO, and the Permanent Defence Forces Other Ranks Representative Association, PDFORRA, were heeded in this process. It is easy to downsize the Army because members have nobody to speak for them, with PDFORRA and RACO being relatively new bodies which do not enjoy the same status as regular representative organisations. I am concerned that this process is being set up as a model of reform without due consideration to the type of service members of the Defence Forces give. Soldiers must obey orders at all times and cannot take to the streets to protest at aspects of their employment conditions. The establishment of a new summary court martial and the changes regarding the appointment of military judges and so on are generally welcome. However, I am concerned that we might be legislating for a minority situation, which is never a good approach. Rather, we must legislate for the greater good of the entire force. As I said, both White Papers on defence, in 2000 and 2007, set out meaningful objectives, many of which have been achieved, but it is vital that the professionalism of the Army is maintained. Its strength has been reduced to approximately 10,000 and we cannot blindfold its members and tie their hands behind their back. If we want a professional organisation, we must supply soldiers with the tools of the trade. One of these tools is the dignity of knowing they are secure in their future and will not be shifted from one location to another willy-nilly. These people have families and children and need to know with some degree of security what is around the corner. Members of the armed forces wish to serve their country and its people. Greater recognition must be afforded to PDFORRA and RACO and they must be given some role in the decisions that affect their lives, rather than reading about them in newspaper headlines and Government statements. I understand approximately a dozen members of the Defence Forces are awaiting court martial. I am a strong believer that justice delayed is justice denied. Problems have arisen in this regard in the civil courts, with some cases in the Circuit Court taking six or seven years to process. Allowing members of the Judiciary in the civil court system to be appointed to the military justice system might make these delays in the civil system worse, given the moratorium on recruitment that is in place. I am not saying that we must protect the civil judicial system 528 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage at the expense of the military judicial system; I am saying that the entire courts system, civil and military, requires radical reform. It is farcical and unsustainable that we have such lengthy delays in Circuit Court cases. I took it upon myself in the last Dáil to coax —“insist” is the wrong word — the previous Ministers for Defence, Deputy Willie O’Dea and Mr. Tony Killeen, to visit the excellent facility that is Kickham Barracks in Clonmel so they could see for themselves what is being done there and the discipline, character and professionalism of the soldiers serving there. Like Deputy Seamus Healy, I pay humble tribute to the officers from top to bottom in Clonmel who have given vital service over the years. On the various occasions of flooding in the town in recent years they are always first on hand to assist the public and the civil authorities with transport and so on. Design engineers and consultants are studying how to prevent the flooding in the town, which has arisen to a great extent as a consequence of poor planning decisions. The use of the Army has been factored into their plans to maintain the flood defences. Some €25 million has been spent and an important part of this is the temporary erection of flood defences on top of the walls. Without the assistance of Army personnel it would not be possible to do this in the necessary timeframe. The Army has made an enormous contribution to the economy of the town and to its cultural life, as well as to various sports including boxing. I join Deputy Seamus Healy in complimenting retired officers Billy Keane and Martin Fennessy in this regard. Their efforts have brought great accolades to members of the Defence Forces and to members of the community. It is vital that Defence Forces members throughout the State are offered reassurance and a greater degree of security. There is concern in Clonmel that the facility will be amalgamated into the Limerick region. Will it be a case of a stroke of the pen and all the soldiers will be gone from Clonmel? The service they provide is invaluable and it is a fabulous facility. Last year a parish field day was held in the barracks and local people had a chance to see what the Army does and the gratitude owing to its members. I am in broad agreement with the principle of the Bill. However, the proposal to allow individuals who are not members of the Permanent Defence Force to be appointed as director of military prosecutions and as military judges is fine in theory, but we must always bear in mind past experience. In recent times the Minister has had his own difficulties with the Judiciary and should be careful of holding up the civil system as an example of best practice for the military. My main concern is that the Army has been slimmed down enough, if not too much, and must now be maintained at its current size. Members of the forces must be treated with dignity and respect so that they can perform their duties with confidence and self-esteem. In times of crisis the Army is the first port of call and its members always behave with dignity and decorum.

An Leas-Cheann Comhairle: Deputies Mattie McGrath and Seamus Healy have given us a tour of Clonmel.

Deputy Maureen O’Sullivan: I note the Defence (Amendment) Bill 2011 seeks to expand the candidature for appointment to two posts, military judge and director of military prosecutions, to individuals who are not members of the Defence Forces and to increase the potential pool of qualified personnel who can be appointed. It also provides that a Circuit Court judge can perform the functions of the military judge where the military judge is not available. The Bill must be looked at in the light of recent changes in military justice and the modernisation of the Defences Forces is central to this. The military court system is provided for in Bunreacht na hÉireann and a radical overhaul came about in 2007, which revised disciplinary provisions of previous Acts and implemented a new system of military justice. I find the terms “military justice” quite strange because justice 529 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Maureen O’Sullivan.] is justice. Why is there a need to call it military justice? Does this or could this give rise to doctors’ justice, teachers’ justice or bus drivers’ justice? Why the need for military justice separate from our justice system? The Library and Research Service looked at the European Convention on Human Rights which states that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by the law. Why is there a need for a separate judicial system for members of the Defences Forces? This appears to come down to a recognition that military justice is different due to the unique position of the military and the greater demands placed on soldiers, which are more than demanded of any other category of person in the State. Now we are told there is a need to protect the structure and discipline that is vital in the military and that there are offences in military law not found in the civilian environment, for example, absence without leave. I find it difficult to accept that a soldier absent without leave is different from any other member of society not being present to perform his or her vital duties. Seemingly, according to Judge Carroll, it comes to obedience to commands being integrated into a soldier’s existence. Maintenance of good order and discipline is a key element in Army life and it further comes down to the soldier’s principal role in defending national security where he or she may be called upon to put their lives on the line or to entrust their lives to fellow soldiers. It seems that breaches of discipline in the Army are more catastrophic than breaches of discipline in any other walk of life. If we talk about military law and military justice being separate and distinct from civil law and justice, I find that alarming. Any member of the State, military or otherwise, is entitled to justice, to a fair and open trial with judges who are impartial. How impartial is a military judge when it comes to breaches of discipline in the military when his whole life has been dedicated to maintaining that discipline above any other consideration? We talk about the integrity of our District, Circuit, High and Supreme courts. That same integrity must be central to military courts also. If we look at the White Paper on Defence, the goal was to ensure that the State had a modern defence force. I also want to pay tribute to our Defence Forces on their overseas missions, where they are held in very high regard on peacekeeping missions. Their respect for the native people in those areas has been acknowledged, as has their engagement and interaction there. Within Ireland the role of the Air Corps in rescue operations and our Naval Service in patrolling our waters has been acknowledged. Going back to the White Paper, certain reforms were set out, downsizing and transforming it into a more effective force and supposedly bringing about savings. We can see from the statistics the significant drop in numbers. I know this is disappointing for many young men and women who are interested in joining the Defence Forces. I hope that interest will continue. Expanding the candidature for appointment, which will increase the potential pool of qualified personnel, makes sense, as does the section which permits the Circuit Court to perform functions of the military judge in certain circumstances. There are times when additional support is needed for an alterative. What is being proposed for Ireland has happened in other countries, such as Australia and Britain where civil and legal principles and standards are applied to aspects of the military legal process. I agree with the system that operates in Australia, where a committee set up to investigate this area criticised the existing military discipline system and recommended major change to ensure “independence and impartiality in the military justice system”. Our Defence Forces deserve that independence and impartiality, but I note the story is not over yet in Australia. Going back to our Defence Forces, according to the Minister for Defence they are primarily deployed on overseas missions in support of international peace and security under the UN mandate. We are, in theory at least, a neutral country, so why is Shannon Airport being used 530 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage by US troops in the way it has been since the Iraq war? Our troops are on peacekeeping missions while our airport is being used by a country on aggressive action, using horrendous methods of torture on those taken prisoner. It is time to stop Shannon Airport being used in this way. Another issue is the amount of Garda resources being expended to control peaceful demonstrations. It appears under the current Government that there has been an increase in the numbers of gardaí involved in that regard. I am interested in the presence of seven members of our Permanent Defence Force in Afghanistan, three in the Democratic Republic of the Congo, two in the Ivory Coast and five in Somalia, training Somalian security forces. This is a token military presence in countries which have appalling records on human rights issues and I wonder about the role of our troops there. The Minister stated that discipline is the essence of military force and referred to what he termed the unique code of discipline in the Army necessary to support operational effectiveness, but also to be fair to the individual. The Bill is technical in nature, and it is sensible given the limited number of qualified personnel in the Permanent Defence Force available for these jobs. I was alarmed to read about the personal situation and the speculation regarding a particular individual but I will take the Minister’s word — rightly or wrongly — that, as he stated, this legislation is in the public interest and in the interest of both the Defence Forces and the individuals who are awaiting the determination of their cases. I believe our Defence Forces deserve a high standard in the courts.

An Leas-Cheann Comhairle: I call Deputy Peter Fitzpatrick, whom I understand is sharing his time with Deputy Patrick O’Donovan.

Deputy Peter Fitzpatrick: As I was a member of the Permanent Defence Force for three years I have a good understanding and knowledge of how the Defence Forces work. Sub- sequent to the enactment of Defence (Amendment) Act 2007, which modernised the military justice system, a number of issues have been identified which need to be addressed to ensure the smooth operation of the system. The first point concerns the provision relating to the post of director of military prosecutions and a military judge. To qualify for appointments to either, a person must be an officer of the Permanent Defence Force and be a practising barrister or solicitor of ten years standing. This criteria means the post is open to the limited number of qualified personnel in the Permanent Defence Force for such posts. The second issue relates to the post of military judge. Given the scale of the military justice system, one military judge has been deemed suitable to undertake the case load. However, if an officer who is appointed a military judge has a previous involvement in the case, is ill or absent or for some other reason is unable to carry out his or her functions, there may be a need for an alternative judge. Such a scenario is not provided for at present and to address these issues, the Defence (Amendment) Bill 2011 provides for the amendments to the Defence Acts to expand the potential candidates for the appointment to the post of military judge and the director of military prosecutions to persons other than members of the Defence Forces and for an amendment to the power of the selection committee to determine a candidate’s qualifications for the appointment of these posts. In relation to the alternative judge, it also provides for the appointment of a Circuit Court judge to perform the functions of the military judge while the military judge is not available for whatever reason.

Deputy Patrick O’Donovan: I welcome the opportunity to contribute to the debate. I welcome the provision for the establishment of a director of military prosecutions and a military judge. It is good that both people will be practitioners in the area of law and also be officers in the Defence Forces. 531 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage

[Deputy Patrick O’Donovan.]

The Minister referred to the changes that have confronted the Defence Forces. It is obvious that, in the past number of years, the threat from subversives has reduced but, nonetheless, there is a need to maintain a good level of numbers because of the unique position of Óglaigh na hÉireann, which is the only legitimate Irish Army. The Defence Forces should be property resourced while recognising that the threat to the State is not as great as it was. The changes that have been made, even by the previous Fianna Fáil Minister, Deputy Willie O’Dea in terms of up-skilling and improving the facilities and equipment that have been made available to the Defence Forces, are very welcome. The work of Deputy O’Dea, a Limerick man, must be acknowledged. The Defence Forces are now providing a service and training officers from the Maltese defence forces. The Chief Whip might relay to the Minister for Defence that there is an opportunity for Ireland in terms of the capability of our cadet training schools to provide that level of service to other smaller European countries that do not have access to the training facilities we have. Previous speakers alluded to the major challenges for the Department of Defence and every other Department. The Minister referred to improvements in the judicial area with regard to the provision of a new courtroom at McKee Barracks. Challenges will arise in respect of air and naval defences, particularly as the new challenge to the State may not come from political subversives but from those importing illegal narcotics. Last year, the Naval Service made a massive haul off the west coast. We are in difficult economic times but I implore the Minister for resources, which includes co-operation. Resources does not refer only to financial resources but to co-operation with our EU colleagues, particularly those with massive amounts of territorial waters like Ireland, in the exchange of information through Europol and countries’ departments of defence. This applies to information on shipping movements of privately owned ships that move in and out of our territorial waters and using Ireland as a beachhead to import illegal drugs and arms into the EU. The role of the Defence Forces will be different in the future. The Defence Forces have a proud history in defending the State, defending law and order and defending the private citizen. We need only consider the number of times the Defence Forces ordinance service has been called out in the recent past when pipe bombs were found on private property. Those engaged in gang war use pipe bombs to inflict their opinions on others. The Defence Forces have a role under the jurisdiction of An Garda Síochána. I commend the Defence Forces for its work in Lebanon. It is fantastic that they can return to Lebanon with the acceptance of both sides. Ireland is not a country with a history of col- onialism. We were colonised and we were victims in many cases, like other countries. Our peacekeepers are accepted around the world because of the history of this country, particularly its military history. The commitment of the Government to put the Defence Forces back in Lebanon is welcome. This legislation is a modernising Bill that allows the Defence Forces to conduct investigations and deal with proceedings within the organisation. The previous speaker questioned why the Defence Forces need a separate judicial system. It is very obvious why a separate judicial system is needed because the Defence Forces are set apart from the civic authorities in many respects. They are the last line of defence upon which the civic authorities can call. It is essential that this independence, particularly at judicial level, results in the delivery of justice and the perception that it is fair and outside the chain of command. Two positions are being created under the Bill, the Director of Military Prosecutions and a military judge, and both are outside the chain of command. The Minister was explicit in 532 Defence (Amendment) Bill 13 July 2011. 2011 [Seanad]: Second Stage stating the legislation is robust enough to ensure interference from rank-and-file members of the Defence Forces is limited. I welcome this Bill and I wish the Minister and the Minister of State well. Challenging times lie ahead. Reference was made to the reduced number of members of the Defence Forces. We are living in different economic times and our Defence Forces will be smaller, our public service will be smaller and expenditure on everything must be smaller. We must do much more with much less. This involves the co-operation of all elements of the public service, including the Garda Síochána, and interstate co-operation with our sister countries in the European Union. This will be essential in the formation of a new mechanism of protecting the sovereignty and territorial borders of the State.

Deputy Finian McGrath: I welcome the debate on the Defence (Amendment) Bill and the reforms in the legislation. It is important to modernise Bills to bring them up to date with international standards. Before discussing the details of the Bill, I commend the Defence Forces for their magnificent work at home and abroad. We know the record of the Defence Forces over the past 20 or 30 years in acting as peacekeepers in different countries. They made a massive contribution to peace and are highly respected throughout the Middle East. It is very important that Ireland retains an independent, neutral foreign policy line because otherwise it will be damaged. I commend the work of the United Nations. We all know the history of the Lebanon and many people gave their lives for peace. UN soldiers giving their lives for peace and trying to end conflicts in other countries is a noble cause. I refer to the situation in Gaza. From talking to the Palestinian population, some of whom met the Technical Group yesterday, I know they have a high regard for Irish troops because of the way they respect the Palestinian people in the Middle East, particularly Gaza. It is important to consider the humanitarian aspect of Sudan. Having a family member who served in Sudan, I know the major humanitarian job and the risks taken for peace in serving the community. Ireland contributes some 560 Defence Forces personnel to 11 missions throughout the world. Some 150 additional personnel are on standby for rapid deployment. The Minister referred to our contribution to the Nordic battle group, which was stood down at the end of June. The Defence Forces are now planning for Ireland’s participation in the Austrian-German battle group, which will be on standby for the next six months until 2012. I have a major problem with the term battle groups, which I raised with the previous Government. It disturbs me that, as an independent country, we are associated with battle groups because we are damaging the integrity of the word peacekeeper and United Nations flag. I ask the Minister to do something about this word because it sends out the wrong messages and I do not like it. Let us consider the situation in Somalia, where millions of people are dying. I would like to see those so-called battle groups getting in there on a humanitarian level rather than arms training in the Austrian-German battle group. If we lose our integrity as an international peacekeeper, we lose respect internationally. The purpose of the Bill is to amend and update the Defence Acts by providing for the expansion of the potential candidature for the appointment to the posts of military judge and Director of Military Prosecutions to persons other than members of the Defence Forces and the appointment of a Circuit Court judge to perform the functions of the military judge where the military judge is not available. The Bill also provides for an amendment to the powers of the selection committees established for the purpose of selecting a suitable and qualified candidate for appointment to the post of Director of Military Prosecutions and military judge. This legislation is important and the proposals are important. 533 Priority 13 July 2011. Questions.

[Deputy Finian McGrath.]

Digging deeper, section 7 provides that the Minister for Defence, having consulted with the Minister for Justice and Equality, may request the President of the Circuit Court to temporarily designate a Circuit Court judge to perform the functions of a military judge under certain circumstances. Section 7 is a positive and constructive development.

Debate adjourned.

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

Ceisteanna — Questions (Resumed)

Priority Questions.

————

Diplomatic Representation 8. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he is committed to lobbying the US Secretary of State, Hilary Clinton, to ensure that there continues to be a United States Economic Envoy to Northern Ireland; and if he will make a statement on the matter. [20123/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): During his two years as US Economic Envoy to Northern Ireland, Declan Kelly invested considerable time and energy in a range of initiatives to attract new investment to Northern Ireland and to develop relationships which I believe will continue to bear fruit in the years ahead. The successful Northern Ireland Economic Conference which took place in Washington last year is one example of the commitment and vision which he brought to the role of economic envoy. I know from my discussions with Secretary of State Clinton of her continuing high level interest in and commitment to the peace process and her ongoing support for consolidating all that has been achieved to date in transforming the situation in Northern Ireland. Indeed, following Declan Kelly’s resignation in May, Secretary Clinton reaffirmed that the United States will continue to work with Northern Ireland to expand the opportunities that have been identified during his tenure as US Economic Envoy. The question of how this will be achieved is a matter for the Secretary of State. I have not discussed the appointment of a new Northern Ireland economic envoy with her. The Government will also continue to work directly with the Northern Ireland Executive and support its efforts in any way we can, including through the North South Ministerial Council. The Government’s key priorities are to strengthen the economy across the island of Ireland, as an essential component of economic recovery, to help create jobs for our people and to improve cross-Border public services such as health and education. Both jurisdictions on the island face a number of common challenges including fiscal challenges; the banking sector; NAMA and the property market; and the need to increase our competitiveness. Econ- omic co-operation with Northern Ireland offers a significant opportunity to strengthen our competitiveness, achieve economies of scale in delivering services to communities on either side of the Border, overcome structural economic problems and tackle unemployment. I am confident that the US will continue to work with the two Governments and the Northern Ireland Executive to this end.

Deputy Seán Ó Fearghaíl: I thank the Tánaiste for his response. This is the third time I have raised this matter with the Tánaiste. I accept that he accepts its importance but I must express 534 Priority 13 July 2011. Questions. a degree of disappointment that whereas he stated correctly it is a matter for the Secretary of State, Hillary Clinton, as to whether such an envoy is appointed he has not actively engaged with her on the issue. I would encourage the Tánaiste to open up active negotiations because we must lobby strongly for this appointment. We might look across the Border at an unemployment level of 7.3% or 7.4% and be somewhat envious of that position but nonetheless we are conscious of the fact that within certain enclaves of the Six Counties there is endemic unemployment——

An Leas-Cheann Comhairle: Could we have a question please, Deputy?

Deputy Seán Ó Fearghaíl: ——and that endemic unemployment has given rise to the current difficulties. Will the Tánaiste engage more vigorously with the American Secretary of State, conscious of the fact that the appointment of an envoy would be of major benefit to the Six Counties but would also have an all-island benefit accruing from it?

Deputy Eamon Gilmore: First, I have met with the Secretary of State, Hillary Clinton, on a number of occasions since my appointment as Minister for Foreign Affairs and there is no doubt about her commitment and support for the continuing peace process in Northern Ireland and for economic development in Northern Ireland. I also conveyed to her the appreciation of the work Declan Kelly did during his term as her economic envoy to Northern Ireland. I should point out that his role was very much as an economic envoy to Northern Ireland and in the first instance it is a matter for the Northern Ireland Executive as to whether it would wish to see that role continue. If it has a view on that it has not been communicated to me. Second, it is a matter for the United States Administration as to where, when and in what capacity envoys are appointed. I have discussed with Secretary of State Clinton the necessity, for example, to continue funding through the Ireland Funds. That is hugely important and as the Deputy is aware, there have been difficulties in regard to that. The focus and the approach I am taking on this matter is to continue to encourage the United States Administration to continue its economic support but the manner in which that is done and whether it appoints envoys is a matter for its Administration.

Deputy Seán Ó Fearghaíl: I thank the Tánaiste for that response. Implicit in what he is saying is his sense that there is perhaps some element of reluctance on the part of the Northern Ireland Assembly in regard to this particular matter. What level of engagement has the Tánaiste had with the Assembly and with the relevant Ministers on that matter? It would be highly desirable if we could achieve a unanimous approach to persuading the American authorities to appoint an envoy with the unquestionable benefits that would accrue from such an appointment.

Deputy Eamon Gilmore: There are two issues of which we must be respectful. The first is to be respectful of the position of the Northern Ireland Executive because this envoy was appointed to Northern Ireland. It was not an appointment to the island as a whole and therefore we must be first respectful of that. I have had a number of discussions with both the First Minister, the Deputy First Minister and the leaders of the political parties in Northern Ireland and this issue was not raised by them as something that needed to be pursued. Second, the appointment of an envoy or any diplomatic representation, whether it is in the political or economic sphere, is a matter for the Government. It is something that we must be mindful and respectful of in that this is a matter for the United States Administration. It is a matter for the Secretary of State. I have a big agenda for discussion with the Secretary of State, much of which relates to Northern Ireland and includes economic support and support for the 535 Priority 13 July 2011. Questions.

[Deputy Eamon Gilmore.] Ireland Funds, and I am mindful of maintaining a degree of respect as to whether she wants to make a similar appointment in the future.

Foreign Conflicts 9. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether that it is long past the time for the 44 year Israeli occupation of Palestinian lands to be ended; and his further views that admission to UN membership of a Palestinian State within the 1967 borders would send a powerful signal that this is the will of the international community. [20374/11]

10. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade if he will be supporting the recognition of Palestinian statehood at the UN General Assembly in September; if he will putting his maximum efforts into supporting the end of Israeli occupation; and if he will make a statement on the matter. [20373/11]

Deputy Eamon Gilmore: I propose to take Questions Nos. 9 and 10 together. The continuing Israeli military occupation of the Palestinian territories is at the heart of the unresolved Arab-Israeli conflict. The issues which have been critical for Israel for most of its history — the existence of the state of Israel and its right to live in peace and security — have for many years been accepted in principle by most Arab and Palestinian opinion. It is the continuing occupation, and the creation and growth of illegal settlements on the occupied lands, which are now the major obstacles to peace. I consider it an urgent priority objective, both for Ireland and the EU, to help achieve the end of the occupation and the establishment of a sovereign Palestinian state, living in peace alongside Israel. This has been the consistent view of Irish Governments since 1980. It is long overdue, and it remains my view that there should be a state of Palestine, and very soon. It is widely expected, if the negotiations process remains effectively suspended, that in the autumn the Palestinians will seek some form of recognition at the United Nations for Palestinian statehood. They have made clear that for them this is very much a second choice, and that what they really want to be engaged in in the autumn are serious negotiations with Israel to achieve their objective of statehood through a comprehensive agreement. They are, as I am, more interested in achieving a state that exists in reality rather than only in a United Nations resolution, which will not of itself bring that state about. It is also important to note that the Palestinians themselves have not yet decided exactly what action they will seek to take at the United Nations. This could range from full entry as a United Nations member state to a General Assembly resolution which could take many forms. Some of these possibilities would principally involve the Security Council, of which Ireland is not currently a member. Thus there is no proposal on the table on which we can take a view, although our general support for the establishment of a Palestinian state is well known. In discussions at EU level, however, I have agreed with the view that assuring either side now of our support would be premature and simply reduce the incentive on them to return to real talks, which is the more important objective. As I have stated in answer to previous questions, if the issue of recognition arises at the United Nations in the autumn, the Government will consider Ireland’s response very carefully. We will take into account factors such as Ireland’s long-standing support for the achievement of a Palestinian state, the exact terms and nature of what may be proposed, the positions of 536 Priority 13 July 2011. Questions.

EU partners and other friends, the progress on the wider peace process, and our assessment of the practical impact of any such decision.

Deputy Pádraig Mac Lochlainn: I thank the Minister for his response. I know he has had a constructive meeting with Dr. Nabeel Shaath today. The members of the Committee on Foreign Affairs had a chance to meet him informally and listen to the views of the Palestinian people he represents. The Minister agrees with me with regard to the offer of the Palestinian people to settle for a territory that comprises 22% of their homeland, which offer has stood since 1988. The refusal of the Israeli state to accept 78% of that original territory is quite incredible. For too long, the Palestinian people have had to deal with repression, particularly in Gaza in recent years. If there is a failure to reach consensus at European level and a US veto at the meeting of the UN Security Council, will we support a motion before the General Assembly calling for observer status for the Palestinians?

Deputy Eamon Gilmore: The Deputy will agree that we must await to see how this works out. There is no proposal on the table at present. I had a very constructive meeting today with Dr. Nabeel Shaath and he set out for me his perspective on likely developments. First, there may be an application to the UN Security Council. Ireland is not a member of the council. The issue will arise at council level as to whether some state exercises a veto on any proposal submitted. Then the question will arise as to whether a proposal should be put before the General Assembly. We must wait to see the form of such a proposal. As the Deputy indicated, there is a possibility that a proposal may be put to the General Assembly seeking observer status. We will consider that if it is made. We will continue to discuss this issue with our EU partners. The Foreign Affairs Council is to meet next Monday and I will be attending. I expect this issue will be discussed at the meeting. I am also taking the opportunity to discuss the issue bilaterally with other Foreign Ministers, and did so last Friday when I met the German Foreign Minister, Mr. Westerwelle.

Deputy Mick Wallace: Over the years, I have always heard the Minister speak in a very fair manner about the Middle East. I hope this does not stop. The argument for giving Palestine a more fair deal than it is receiving a present is pretty obvious. I was reading this morning that Israel holds the world record for violating UN Security Council resolutions. It has violated 30, which is incredible. The Palestinian people are living in unbelievable conditions, as the Minister knows, and there is no justice. The Minister implied US President Barack Obama is not in a position to offer support at present because he is in re-election mode and depends too much on the Israeli lobby in the United States. If there is a General Assembly vote, will the Irish Government vote in favour of a Palestinian state? If not, will the Minister state categorically that we are absolutely in favour of Palestine having its own state and that Israel must start negotiating to move out of the occupied territories?

Deputy Eamon Gilmore: I can state now Ireland is in favour of Palestine having its own state and that it wants to see that state living in peace with Israel. We want to see an agreed negotiated settlement of the entire conflict in the Middle East. My efforts on behalf of this country, which will be very much furthering a consistent policy followed by successive Governments over a long period, will be to help to secure such a negotiated settlement. I cannot anticipate what resolution will be put before the General Assembly. Deputies will understand that until we see the terms of the resolution, it will not be possible to make a decision on how we will respond to it. I have indicated very clearly the positive approach Ireland is taking to the idea that there should be a Palestinian state. I will continue to work at 537 Priority 13 July 2011. Questions.

[Deputy Eamon Gilmore.] European Union level to encourage EU colleagues and High Commissioner Catherine Ashton, who has been very active in this area, to continue to work to secure EU input.

Deputy Pádraig Mac Lochlainn: It has been said, correctly, that a UN resolution endorsing the existence of a Palestinian state in its own right would not achieve conflict resolution in the region. As Deputy Wallace pointed out, Israel holds the world record for ignoring UN Security Council resolutions. However, does the Minister, whom I know cannot see the future and does not have a crystal ball, agree that when the proposal is put before the UN Security Council and the US exercises its right to veto, the Palestinians will put forward a proposal on observer status? They have immense international support. Some 120 countries around the world support the objective of achieving a Palestinian state and the vast majority of them will support the granting of observer status if the United States decides to block the right to recognition. Does the Minister agree that even the achievement of observer status would represent a loud and clear signal to the Palestinian people that the international community respects their right to nationhood and will not ignore the ongoing occupation of their territories? In 1998, there were approximately 190,000 Jewish settlers living in the West Bank; today, there are over 500,000. That is an horrific statistic. There is aggression and settlements continue to be built. This is the context that makes it timely for the international community to say decisively once and for all that it recognises the Palestinians’ right to having their own nation, freedom and independence.

Deputy Eamon Gilmore: I have been to the West Bank and am familiar with the extent of the occupation and the way in which the settlements have developed. While we may speculate as to what will happen at the meeting of the Security Council if a resolution is presented thereto, none of us can say for certain at this point that there will be a veto. There are interventions that could occur between now and September. As I mentioned, the European Union has a role. I am advocating an active role for the Union. The Quartet had a meeting on Monday. Although it issued no statement, discussions are continuing. It is unwise at this point to start writing the script for what may happen in September. A lot could happen between now and then. The Government will play a very constructive role in the discussions leading up to the meeting in September, particularly those at EU level.

Deputy Mick Wallace: I just wish to make the point that the most——

An Leas-Cheann Comhairle: A question.

Deputy Mick Wallace: The most optimistic time we have seen was when Rabin was in power and we had the Oslo agreement. The United States was bypassed because like the situation now they were not in a position to support it. Rather than relying and depending on the United States initiative, is it possible to make the European voice stronger and lobby more from Europe? Europe’s voice needs to be more independent from the United States and Europe should pressurise the United States into doing the right thing.

Deputy Eamon Gilmore: I very much agree with this point of view. It is the approach that I am taking, and I encourage the European Union to take a more active role in this area. Given the political considerations that come into this question, particularly in the United States, there is scope for the European Union to have a far more proactive role. Again, we must bear in mind that various member states of the European Union have varying positions, some of which are based on historical experience which we must take into consideration and understand. I believe the European Union can take a greater leadership role. Catherine Ashton in her capa- 538 Priority 13 July 2011. Questions. city as the High Representative has been taking a much more active role on this issue. I will continue to encourage her to do so.

Departmental Bodies 11. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade the date for the establishment of the Export Trade Council; the terms of reference for the council; if he will discuss the proposed membership of the council with the Joint Oireachtas Committee on Foreign Affairs and Trade; and if he will make a statement on the matter. [20124/11]

Minister of State at the Department of Foreign Affairs (Deputy Jan O’Sullivan): Following the recent transfer of certain trade promotion functions from the Department of Jobs, Enterprise and Innovation, the Department of Foreign Affairs and Trade now has responsibility for the establishment and management of the export trade council. The Tánaiste intends to convene the first meeting of the new council, which he will chair, later this month. As Minister of State with responsibility for trade and development, I look forward to supporting the Tánaiste in the work of the council which will strengthen co-operation and co-ordination across all Departments and State agencies involved in the promotion and development of trade and exports. It will oversee the progressive implementation of the recommendations set out in Trading and Investing in a Smart Economy published last autumn and included in the programme for Government commitments. The Tánaiste intends to confirm the terms of reference for the export trade council, which will reflect these objectives, at the inaugural meeting. The Government is conscious of the need to avoid establishing new groups and bodies unless absolutely necessary and the Tánaiste has therefore decided that the export trade council will subsume the existing foreign trade council, established by the previous Government under Trading and Investing in a Smart Economy. In addition to the Departments and State agencies represented on the previous council, the Tánaiste will, in accordance with the programme for Government, invite private sector participation in the work of the new council, particularly from individuals who have experience in the export sector. Provision for such participation will be made in the terms of reference. The Tánaiste’s decision to chair the new council himself is a reflection of the importance which the Government and all of us must attach to export-led recovery as the key to economic recovery. The Tánaiste and I will be happy to discuss the work of the export trade council, once it is established, with the Joint Oireachtas Committee on Foreign Affairs and Trade.

Deputy Seán Ó Fearghaíl: I thank the Minister of State for her response. I welcome the fact that we will not see the establishment of a second body to function in this particular area. The subsuming of the foreign trade council into the new export trade council is to be welcomed. In the spirit of what was instigated by the former Minister, Eamon Ryan, in broadcasting legislation whereby he began the process of consulting with committees in advance of the appointment of boards or agencies, a matter alluded to on many occasions in the House by the Taoiseach who has given undertakings that prior to constituting State boards committees would be consulted, will consultation take place with the Joint Oireachtas Committee on Foreign Affairs and Trade on the terms of reference and membership of the proposed trade council? It is difficult to be overwhelmed by what is proposed by the Government at this stage on overseas trade missions. They are very important. Is the Tánaiste awaiting the appointment of the trade council before he embarks on overseas trade missions? With all due respect, the less we see of him in the House in the weeks and months ahead the better because we believe he 539 Priority 13 July 2011. Questions.

[Deputy Seán Ó Fearghaíl.] will be a very good ambassador for the country on trade missions. We want to hear of him visiting many countries and doing the promotional work that so badly needs to be done.

Deputy Jan O’Sullivan: I know the Tánaiste and I will be happy to engage with the committee. We do not want to delay the establishment and we have agreed it will be established by the end of the month. The final arrangements are being put in place. An important difference is that as well as State agencies and Ministries, individuals directly involved in exporting will be on the council. There is a time factor involved in engaging with the committee prior to the first meeting of the export trade council. However, the Minister and I will be happy to engage with the committee on an ongoing basis. With regard to trade missions, I am sure the Tánaiste takes the compliment the Deputy offered. Information on trade missions is given to the Tánaiste and Minister for Foreign Affairs and Trade, and the Minister for Jobs, Enterprise and Innovation. Such information from Enterprise Ireland has been conveyed on a number of proposals for this year. Any time the Minister, the Minister of State, Deputy Creighton, and I are abroad on Government, development or European business we have ensured the work we do has a trade element. Trade missions will be jointly informed to the two Departments and will be led by Ministers or Ministers of State. I assure the Deputy that we will all work very hard along with our embassies and State agencies to ensure we develop in every corner of the world every trading opportunity we can for the country.

Overseas Development Aid 12. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade his views on diverting funds from bilateral aid programme to an emergency programme that would resuscitate discussed boreholes in the Horn of Africa, thus providing immediate clean water to ten million people facing starvation in the drought ridden region; if he will recruit unemployed Irish engineers to volunteer their services to this emergency appeal; if his attention has been drawn to the fact that the cost of drilling and maintaining a functioning bore hole capable of serving a village of several hundred people is as low as $6,500. [20376/11]

Deputy Jan O’Sullivan: The Government has been following the humanitarian crisis across the Horn of Africa for many months. At the beginning of 2011, in anticipation of a severe crisis, we pre-approved humanitarian funding of €4 million for UN agencies and NGOs working in the region. Approximately 12 million people in five countries are now being affected by the most severe food crisis in the world today. To compound the situation, access for aid agencies to much of Somalia — one of the worst affected countries — remains extremely dangerous as a result of the conflict there. Last week, as the situation deteriorated, I approved the release of a further €500,000, to support emergency feeding programmes run by Concern and Trócaire in Somalia and Kenya. My officials, including our embassy in Addis Ababa, are in daily contact with partner agencies across the region to assess the needs on the ground and the possibilities for further Government support. In addition to humanitarian assistance, Ireland also has major bilateral development programmes with Ethiopia and Uganda, two of the countries most affected by the current crisis. These long-term development programmes are making a vital contribution to the fight against poverty and hunger for some of the poorest communities in Africa. Any diversion of funding from these programmes would undermine the progress being made in health care, education and other basic services. 540 Priority 13 July 2011. Questions.

Provision of clean water and decent sanitation is a central element of our response to emergencies and is also crucial for long-term development. So far this year, Irish Aid has provided more than €1.4 million in direct emergency support for NGOs providing water and sanitation in the region. This includes the construction, maintenance and rehabilitation of boreholes, wells and other vital water points. Irish Aid also regularly deploys engineers to humanitarian emergencies through the Rapid Response Corps. At present, 155 highly-skilled volunteers are registered with the Corps, 11 of whom are working with humanitarian organisations in the Horn of Africa in response to the current crisis. They include a number of engineers and an expert in water and sanitation pro- gramming.

Deputy Pádraig Mac Lochlainn: I thank the Minister of State for her response. From a previous discussion, I know she has been focusing on this issue. I commend the work of the non-governmental organisations in co-ordinating an emergency response to this extremely serious crisis as it develops. The Minister of State will share my concern arising from criticism made of providing direct aid to governments over the years and the impact this approach may have had. While I do not attribute abuse and cor- 3o’clock ruption to Ethiopia or Uganda, there has been clear evidence that many of the governments which have received direct aid have been responsible for abuse and corruption. Such criticism does not apply to aid being provided to NGOs, which have done tremendous work. Will the Minister of State consider diverting funds to establishing a programme to resuscitate abandoned bore holes using the expertise of some of the many construction workers on the live register who have worked on bore holes? Could we think outside the box, perhaps by working in partnership with the non-governmental organisations which, as the Minister of State noted, are already doing some work in this area? It strikes me that we must be able to make a more constructive, planned and thoughtful contribution than simply channelling money through governments. I ask the Minister of State to consider such a response in co-operation with the NGOs.

Deputy Jan O’Sullivan: Most of the funding to the Horn of Africa is allocated directly to non-governmental or United Nations organisations. Any money allocated directly to governments, largely the Governments of Uganda and Ethiopia, is directly programmed for specific areas and is not paid into a central government fund. While I appreciate that bore holes and access to water are crucial, practice has shown that the best way to deploy people is through the NGOs, given the considerable experience they have acquired in these areas, or the rapid response corps. As I indicated, 11 members of the rapid response corps are in the Horn of Africa and a number of others are waiting to travel. I will raise the point made by the Deputy in my discussions with NGOs to ascertain if it is possible to deploy more people. It is important, however, to continue to act in an organised and effective manner. As the Deputy will be aware, Somalia is a particularly dangerous country and we must ensure people are safe.

Deputy Pádraig Mac Lochlainn: I thank the Minister of State for her offer to discuss my proposal with the NGOs. We must respond to the current crisis and the NGOs, which I again commend, are best positioned to provide a response. Nevertheless, there is scope for strategic thinking about how we could deploy some of the many people on the live register with specific skills in this area to address the need to find and develop water infrastructure in the long term. This is not a one-off problem but one which will arise repeatedly in future. The United Nations has stated that focusing on the development of agriculture and water infrastructure is the best means of assisting the countries in question in the long term. 541 Other 13 July 2011. Questions

[Deputy Pádraig Mac Lochlainn.]

As part of the review of the White Paper on Irish Aid the Minister of State is about to commence, will she engage immediately with the NGOs to determine what we, as a Govern- ment, can do to access the skilled labour force that is available? The Minister of State, Deputy Creighton, has noted my wishful thinking.

Deputy Jan O’Sullivan: I thank the Deputy for his co-operative approach to helping the Government. It is extremely important that we do whatever we can in this area. A number of representatives of the United Nations are in the region and our embassy in Addis Ababa has been reporting back directly from them on the current position. I, too, commend the non- governmental organisations on the fantastic work they are doing. We will continue to take on board any suggestions the Deputy may make.

Other Questions

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Human Rights Issues 13. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the dramatic increase in political prisoners in North Korea’s political prison camps, which, according to Amnesty International, now hold 200,000 persons; and his intentions to address this crisis. [20088/11]

Deputy Eamon Gilmore: The human rights situation in North Korea has been described by the UN special rapporteur for North Korea as “abysmal”. The general population of North Korea faces violent political and religious persecution, collective punishment, torture and arbitrary execution perpetrated by the North Korean authorities. In addition, citizens of North Korea are victims of chronic food shortages and grossly inadequate public services. In his most recent report, the UN special rapporteur for human rights in North Korea addressed the use of political correction camps, collection centres and labour camps to imprison political critics of the government. The special rapporteur believes that gross and systemic human rights violations take place regularly in these facilities and cites evidence of poor living standards and a lack of medical care for those imprisoned. The promotion of respect for human rights is a cornerstone of foreign policy for Ireland and the European Union. Ireland played an active role in the drafting of the UN General Assembly resolution on North Korea last year which called on the North Korean authorities to meet their obligations as a member state of the United Nations to promote and protect human rights and fundamental freedoms and to fulfil their obligations under the international agreements to which they are a signatory. Ireland also contributed to the drafting of the recent resolution at the Human Rights Council concerning the situation in North Korea and the European Union used its introductory statement to reiterate its concern at the authorities poor human rights record and the lack of any reform. Senior officials from my Department had the opportunity to express our concerns about human rights and other matters, such as nuclear non-proliferation, directly to the North Korean ambassador when he visited Dublin last November. We will continue to communicate our concerns to the North Korean Government regarding the human rights situation in North Korea in our bilateral contacts and through the European Union and United Nations. I take this opportunity to call upon the North Korean authorities to co-operate fully with the United Nations special rapporteur and wider international community in their efforts to assist the people of North Korea. 542 Other 13 July 2011. Questions

Deputy Pádraig Mac Lochlainn: I thank the Tánaiste for his response. The information emerging from North Korea is horrific. Respected international human rights organisations such as Amnesty International and the US Committee for Human Rights in North Korea are starting to report the stories of former prisoners and, in some cases, prison wardens who have managed to escape the country. I propose to cite an article published in The Guardian in which a lady who was imprisoned in one of these terrible places recounted her experiences. She states:

There were about 1,000 women in our cabin and we were so squashed together we had to sleep with our legs interlocking. We had rice husks to eat and had to work cutting down trees and dragging the timber back with chains. When it got really cold in winter, five or six women would die every day and the other prisoners would have to carry the bodies out. I still dream about that.

This is an appalling case. The North Korean Government refuses access to such camps, whose existence its denies despite aerial photographs showing they are growing in number. North Korea poses a dilemma in that international organisations are repeatedly obliged to provide food assistance directly to the regime because they cannot abandon the poor people of the country. What action can Ireland take at United Nations and European Union level? What interventions can we make with the North Korean Government to end the abominations and crimes against humanity taking place in that country?

Deputy Eamon Gilmore: I concur with the sentiments expressed by Deputy Mac Lochlainn. North Korea is one of the most repressive regimes in the world. It denies even the most basic of human rights to its citizens. Services such as health care and education appear to be allocated according to loyalty to the regime, there is no freedom of press or religion and the judiciary is neither impartial nor independent. One also has the issue of punishment camps and the treatment of prisoners in these camps. As Deputy Mac Lochlainn noted, there is a dilemma regarding the provision of aid. Ireland provides aid through non-governmental organisations which are working in North Korea because of the appalling food shortages in the country. At the same time, we continue, through the United Nations and bilaterally, to communicate our abhorrence at what is happening under the North Korean regime and to work for an improvement in human rights. As the Deputy will be aware, Ireland will seek election to the Human Rights Council next year. This is one of the areas of human rights to which we intend to give priority.

Foreign Conflicts 14. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations to the Israeli Government regarding the safe passage of the recent Irish flotilla to Gaza. [18580/11]

15. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the sabotage of at least two ships in the international flotilla to Gaza, including an Irish ship, and the actions of the Greek authorities in preventing other ships from the flotilla from departing from Greece; and if he will make a statement on the matter. [20109/11]

21. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had any recent contacts with the Israeli authorities. [20098/11]

33. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he has been in contact with the Israeli authorities regarding the sabotage of the Irish aid ship the MV Saoirse to Gaza. [20097/11] 543 Other 13 July 2011. Questions

38. Deputy Sandra McLellan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received a report in relation to the sabotage of the MV Saoirse; and if he will make a statement on the matter. [20099/11]

43. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs and Trade the way he interprets comments made by Nitsana Darshan-Leitner, leader of the Israeli group Shurat HaDin, whose stated objective is stemming the flow of money to terrorists, that it had been working for months to obstruct the flotilla by threatening legal action against any group that helped them in the US, Europe and Asia. [20089/11]

45. Deputy Sandra McLellan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will raise the sabotage of the Irish aid ship MV Saoirse to Gaza with other EU leaders. [20100/11]

Deputy Eamon Gilmore: With your permission, a Leas-Cheann Comhairle, I will take Ques- tions Nos. 14, 15, 21, 33, 38, 43 and 45 together. As I have made clear to the House, prior to the anticipated sailing of the flotilla I made clear to the Israeli authorities my insistence that any interception of the flotilla must ensure the safety of Irish citizens, and indeed other peaceful participants, on board. This message was conveyed through diplomatic channels and by me personally to the Israeli ambassador and to a visiting senior official of the Israeli foreign ministry, who I asked to make their Government aware of my views. When reports were received of the damage to the MV Saoirse, operated by the Irish participants in the intended flotilla, I made clear my view that it would be a matter in the first instance for the authorities in the port in Turkey to investigate any claims of deliberate sabotage, but that if such claims were substantiated by the Turkish authorities this would be a matter of serious concern, especially if the lives of those on board might have been endangered. I made this clear in public and, again, I conveyed the same message personally to the Israeli authorities. As I have also told the House, however, the Irish Embassy in Ankara has been in contact with the Turkish authorities and has reported to me the latter’s view, based on a coastguard examination of the damaged vessel, that the boat was not sabotaged. There has therefore been no basis for raising the matter with my EU colleagues, or making a further approach to the Israeli authorities. I have myself indicated that, while I respected the intentions and objectives of those intending to participate, I could not support a venture whereby citizens intended to place themselves at risk. I understand that the actions of the Greek Government in preventing ships from sailing from Greece to Gaza were motivated by a concern to avoid risk to human life. As regards the reported actions or statements of the NGO Shurat HaDin, a number of NGOs in Israel and elsewhere are reported to have made various claims in relation to the planned flotilla. We are not in a position to assess whether there is a factual basis to any of these claims.

Deputy Richard Boyd Barrett: I will be taking Deputy Higgins’s question also, if that is okay.

An Leas-Cheann Comhairle: Just take your own question, Deputy. Just ask a question.

Deputy Richard Boyd Barrett: I am extremely disappointed with the Minister’s response. The people involved in the flotilla and their supporters will be very disappointed with that response, as they are angry at the collusion with the Greek authorities and, they believe, the 544 Other 13 July 2011. Questions collusion of all European political leaders with Israel, in preventing this peace flotilla reaching the beleaguered people of Gaza with aid and solidarity. Why did the Minister ask the Israeli authorities merely not to injure people during an interception of the flotilla rather than ask them not to intercept the flotilla but to allow it free and safe passage to breach an immoral and illegal siege that has been causing immense suffering for the people of Gaza for several years? That is what many people and I believe the Minister should have asked them. Why did the Minister not ask them simply not to intercept the flotilla? I am extremely disappointed by the Minister’s response to the sabotage allegations. It is not true, as the Minister said, that the Turkish authorities have stated they do not believe the damage was caused by sabotage. This is based on a report from a newspaper that was put out a few hours after the official investigation by the Turkish authorities in Turkey began. The report has since been recycled in the press across the world. An official investigation is going on, with which the flotilla participants are co-operating, and which has not concluded. How can the Minister state that the Turkish authorities have concluded there was not sabotage when the official investigation has not concluded? Has the Minister not seen the evidence of sabotage? I have, and the media in Ireland have seen it. Two boats in different ports were damaged in exactly the same way and in a way that, had the damage not been detected, would almost certainly have resulted in the loss of life of Irish citizens and others. The boats were damaged in exactly the same way in two different ports, one in Turkey and one in Greece. This is cast iron evidence of sabotage. I ask the Minister to look at the evidence.

Deputy Eamon Gilmore: Deputy Boyd Barrett was not in the House when I answered the serious questions raised about the Government’s response to the Palestinian issue, the occupation that is taking place in Palestine, the blockade of Gaza and the efforts we are making to bring about a resolution to that. It is claptrap to talk about collusion by the Irish State with Israel. The Government is working constructively to find a solution to a long-standing problem. I hope, as part of that, we will be able to support recognition of a Palestinian state. It is typical of Deputy Boyd Barrett to be more interested in the protest than in the Palestinians.

Deputy Derek Keating: Hear, hear.

Deputy Eamon Gilmore: The only issue he seems to be concerned about is the protest. With regard to the protest, I made my position clear. The travel advice provided by my Department was consistent with the travel advice we provide to anyone going into dangerous circumstances. I was hugely conscious of the actions that took place last year, and which I condemn. I met the organisers of the Irish group in the flotilla and on two separate occasions I raised the matter with the Israel authorities, once with the ambassador and once with a representative of the Israeli Government, and made clear our view that we did not want a repeat of last year and that the safety of those participating in the flotilla must be ensured. When we got reports of damage to the MV Saoirse we asked for a report of what had happened to it. I have told the House what the Turkish authorities reported in relation to that. If Deputy Boyd Barrett has evidence other than what I have given I ask him to produce it and I will have it investigated.

Deputy Pádraig Mac Lochlainn: I accept the Minister’s point about the Palestinian campaign for recognition. Throughout the decades, Irish Governments have played a constructive role there. However, I am stunned to learn that it is the position of the State that the investigation has concluded and that no sabotage to the MV Saoirse took place. I do not accept that. 545 Other 13 July 2011. Questions

[Deputy Pádraig Mac Lochlainn.]

Like Deputy Boyd Barrett, I have seen the evidence of sabotage. A man I know to be of the highest integrity, a fisherman called Pat Fitzgerald from Waterford, has clearly outlined that the damage to the propeller shaft would have to have been man-made. Almost identical damage was done to a sister-ship in the flotilla. The Minister has asked for evidence. He should meet the campaign group, Irish Ship to Gaza. I am sure they would arrange a delegation of some of the flotilla participants to produce the evidence to the Minister and explain why it had to have been man-made. I am shocked that a spokesperson for the Turkish authorities, after a cursory examination, could make a pronouncement that sabotage did not take place. There is a state that held the Palestinian people under military occupation for all of these years. It was responsible for the slaughter of 1,500 people in Gaza. It has caused a massive humanitarian crisis which every human rights organisation in the world has condemned. It murdered nine peace activists on a flotilla last year. Is the Minister seriously suggesting that state is not capable of sabotage of two boats to prevent the completion of a mission that would have been deeply embarrassing to that state? I implore the Minister to meet a delegation and look at the evidence himself. I trust his integrity. I ask him to look at the evidence and make up his own mind.

Deputy Eamon Gilmore: I do not have to be invited to do that at all because on the very day that we received the report that there was damage to the MV Saoirse, we asked for the matter to be investigated. The investigation had to be carried out by the Turkish authorities because the vessel was in one of their ports. I am not telling the Deputy what I believe nor am I offering him an opinion. I am relating the report that came back to us. If somebody else has evidence, which contradicts that, we will ask to have that investigated. I made it clear on the day we received the report about the vessel that if there was sabotage, we would take a serious view of that.

Deputy Richard Boyd Barrett: I am genuinely not trying to score political points but I was disappointed with the Minister’s answer. In reply to a written parliamentary question tabled by Deputy Mac Lochlainn, the Minister stated: “I have no grounds on which to dispute these views or to demand a further investigation.” That is why I expressed disappointment. There is no evidence to support the claim that this matter has been investigated. Who in the Turkish Government told the Minister that this matter had been investigated and it was concluded that this was not sabotage? On what basis were the conclusions drawn? Did he inquire about the nature of the investigation that led them to these conclusions? The official investigation involving the coast guard had only begun hours before the report that it was not sabotage appeared in a newspaper. It has not even concluded and, therefore, how the Turkish authorities could conclude it was not sabotage is beyond me. From whom and on what basis have they given the Minister this information? He got somewhat annoyed when I referred to the collaboration between European governments. Why did the Government and other European governments say to Israel “Just do not do any harm to anybody when you are intercepting the flotilla”, which is more or less what the Minister said earlier, instead of saying to them “Do not intercept the flotilla because these are peaceful activists bringing aid to people who are unfairly and brutally besieged”? That is what anybody would expect our Government and European governments to say because the siege is wrong. My interest is in the lifting of the siege and not in the protest. I became involved in politics having visited the Palestinian occupied territories at the beginning of the first intafada. 546 Other 13 July 2011. Questions

The appalling plight of the Palestinians and the failure of western governments to do anything about it motivates me.

Deputy Eamon Gilmore: First, I do not rely on newspaper reports. The report I received was from the Irish embassy, which had been in contact with the Turkish authorities who reported the view they had concluded based on the coast guard examination. If the Deputy has information and evidence other than that, we will look at it. This is my third time to repeat that and if it transpires that there was sabotage, we will take a serious view of that. Second, if I had not raised at all with the Israeli authorities concerns about the safety of the people intending to travel in the flotilla, I would happily say that the Deputy had grounds for criticism of the Government. However, on two occasions I made clear directly to the Israeli authorities that we were concerned about the safety of Irish people in the flotilla and what we expected by way of response, which confirmed a view that was pursued through diplomatic channels. The Government has been actively engaged for a long time in seeking a just solution to the Middle East conflict and in respect of the hugely difficult conditions that the Palestinian people have to live under. It would serve that cause and, ultimately, the Palestinian people better if, occasionally, the Deputy expressed a little support in the House for the effort the Government is making in this regard rather than making wild and unsubstantiated allegations of collusion with this, that and the other one.

Deputy Pádraig Mac Lochlainn: A delegation from the Irish ship sailing to Gaza has produced video evidence and so on. Will the Minister consider an independent examination of the evidence they produce? All it would take is someone with naval engineering experience. I am confident that this was sabotage of the propeller shaft. The Minister is well aware of the implications. It was devious sabotage because it would have caused a failure at sea by forcing the shaft up into the hull, forcing the boat to take on water and sink. It was a most malicious and devious form of sabotage. Will the Minister accept a presentation of evidence to him on this matter? If so, will he have it independently examined if it turns out the Turkish authorities are holding to the position he outlined?

Deputy Eamon Gilmore: If any Deputy wants to bring evidence to my attention, I will have it examined. The standard way to assess damage to vessels in a port is to have it investigated by the port authorities and the authorities of the country in which it takes place.

Undocumented Irish 16. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade the progress made to date on resolving the issue of undocumented Irish in the USA; and if he will make a statement on the matter. [19971/11]

Deputy Eamon Gilmore: Addressing the position of the undocumented Irish and reforming our migration arrangements with the United States are important priorities for the Government in its relationship with the US Administration and Congress. The inclusion of Ireland in an amended reciprocal E3 visa scheme, which would allow Irish people with a certain level of education to work in the US on a two-year renewable visa, is the most effective way of creating new opportunities for Irish citizens in the USA. However, this scheme alone would not provide a solution to the undocumented Irish issue. The most realistic long-term solution for our undocumented citizens remains comprehensive immigration reform. The Taoiseach and I discussed the question of the undocumented with President Obama when we met with him on 23 May in Dublin. Responding to our concerns, the President 547 Other 13 July 2011. Questions

[Deputy Eamon Gilmore.] expressed his interest in achieving progress on immigration issues, a view he had earlier outlined in a major address on the issue on 10 May. Most recently, I raised these issues with Senator Patrick Leahy, chair of the Senate judiciary committee when I met him in Dublin on 3 June. The introduction of a new Comprehensive Immigration Reform Bill in the Senate on 22 June last was a welcome development. This Bill, which has been brought by senior Democrats, including Senators Harry Reid, Charles Schumer and Robert Menendez, is similar to that introduced in the previous Congress and, once again, includes provision for a new E3 visa for Ireland. While Senator Menendez has indicated that in circulating the Bill he aimed to provide a framework around which a debate and negotiations can happen, the continued inclusion of the E3 for Ireland in the Bill represents an important achievement for the Government and the Irish community. However, while I am encouraged by my discussions and by developments in Congress I remain aware of the enormous political challenges that face efforts to pass immigration-related legislation at the current time. All avenues will be explored by the Government in the search for a solution to this difficult issue.

Deputy Derek Keating: I thank the Minister for his reply. He has been passionate about this issue for a while. Many families on both sides of the Atlantic Ocean are sad because of the restriction and the inability to travel. I wonder whether the Minister would consider seeking an informal amnesty with the US authorities. We could perhaps have an amnesty for undocumented Irish people living in the United States for five years or more. Many of them have children and they participate in family and community life. If an amnesty could be secured for such people they would be able to participate in a fuller way by paying their taxes and making a wider contribution to the US economy. Is that something the Tánaiste would consider?

Deputy Eamon Gilmore: The suggestion has been raised with us by the group, Irish Lobby for Immigration Reform, ILIR. The idea is that an administrative waiver would be applied to undocumented people who are in the United States and who otherwise would qualify for a visa. However, they would have to return home in order to make an application. The issue is being pursued by us. The ambassador in Washington has been and is pursuing the issue. We are in contact with him in that regard.

Deputy Derek Keating: I am grateful to the Tánaiste for his reply.

EU Presidency 17. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his plans for Ireland’s Presidency of the EU in 2013; if he has identified his priorities for the EU Presidency in 2013; and if he will make a statement on the matter. [20077/11]

Minister of State at the Department of Foreign Affairs and Trade (Deputy Lucinda Creigh- ton: Ireland will assume the Presidency of the European Union during the first six months of 2013. The Government has placed emphasis on its goal of enhancing Ireland’s reputation in Europe and more widely, and of thorough engagement with the Union’s agenda; the 2013 Presidency falls perfectly within this and can be a mobilising element in that process. Prep- arations for Ireland’s Presidency during the first six months of 2013 have been under way since 2010. Planning is being co-ordinated by two interdepartmental groups which are chaired by the Department of Foreign Affairs and Trade; one group is focusing on policy preparations and the second group is working on logistics planning. I will chair the next meeting of the first 548 Other 13 July 2011. Questions group, the policy interdepartmental group tomorrow morning with officials from all Departments. A Presidency programme is built to a large extent on proposals and policies already under consideration in the Union. We will therefore pay close attention to the plans and work of the new Polish Presidency and the Danish and Cypriot presidencies in 2012, as well as to the Commission’s work programme for 2012. Departments are currently identifying areas of work that are likely to figure prominently on the EU agenda during the Presidency and those which we could seek to prioritise. Discussions at a political level between Ministers, our partners and the EU institutions are taking place in parallel with this process A non-exhaustive list of issues that are likely to figure prominently on Ireland’s Presidency agenda include the next multi-annual financial framework, and reforms of the Common Agri- cultural Policy and Common Fisheries Policy, as well as more broadly the economic and financial situation, employment creation and promotion of European competitiveness. These are all policy areas of broad importance to the EU and member states, including this country, and we look forward to working closely with partners to progress these issues.

Deputy Seán Ó Fearghaíl: I wish the Minister of State and all involved success. This country has distinguished itself in the past in terms of the manner in which it has conducted its Presi- dency. This is the first time we will be taking part in the post-Lisbon arrangement of a trio of presidencies over an 18 month period so perhaps the Minister of State will inform us about the degree of interaction between her and her opposite numbers in Lithuania and Greece. Should we consider ourselves somewhat unfortunate that we are included with Greece as one of the trio of countries to work out the 18 month plan? Could the Minister of State also outline the administrative structures that have been put in place across the three member states in order to co-ordinate the approach to adopt? I agree in principle with the priorities the Minister of State set out for us. Of particular importance to us will be the work in the area of the review of the Common Agricultural Policy and also the multi-annual financial framework programme which is unlikely to be finalised at the end of 2012. It is quite likely to extend into our period. Does the Minister of State consider that is something which would ultimately be to our benefit?

Deputy Lucinda Creighton: I thank the Deputy for his good and relevant questions. The structure has changed. One of the key features in the new arrangements for the Presidency of the European Union is the key role of the European Parliament. That is something that is new. We are very cognisant of that. One of the things all Cabinet Ministers are doing at a very early stage is meeting with their counterparts in the European Parliament, particularly with the chairs of relevant committees. As the Deputy is aware, since the extension of co-decision to pretty much every policy area, the success of the Presidency is contingent on getting our legislative programme through the European Parliament which means we must have strong and coherent, direct engagement by all Ministers and all levels of officialdom, not just during the Presidency but in the build-up to ensure we have a good working relationship. This country is the first member state in a trio with Lithuania, which takes over the Presi- dency directly after us in the second half of 2013 and Greece in the first half of 2014. The Deputy asked about the administrative and logistical co-ordination between the three presidencies. That is happening at a political level. It must also happen at an official level between the three member states. Critically, that is pulled together by the Council. So, for example, when this country sets out its Presidency priorities, it can only be done in the context of the priorities for the trio, in other words, the priorities for the 18 month period. Currently, we are preparing our priorities, in consultation with the other two member states. We then feed them 549 Other 13 July 2011. Questions

[Deputy Lucinda Creighton.] into the Council secretariat which pulls it all together, again, in deep consultation with the member states. There is an important role for the central administration in Brussels.

An Leas-Cheann Comhairle: I advise the Minister of State that we are running out of time. Does Deputy Ó Fearghaíl wish to ask another question?

Deputy Seán Ó Fearghaíl: I am happy to allow the Minister of State to continue.

Deputy Lucinda Creighton: In terms of the level of political engagement, the Deputy will be aware that recently, on 1 July, the Tánaiste met with his Lithuanian Foreign Minister counterpart in Vilnius to discuss issues of common interest. Naturally, there was a focus on the Presi- dency in 2013. They agreed to meet again later in the year with the Tánaiste’s Greek counterpart Minister for Foreign Affairs to continue the discussion about the joint programme. I have also met with my counterpart from the Greek Government who is active and constructive. We have had a number of good conversations. Likewise, I have had discussions with my Lithuanian counterpart at the General Affairs Council. Next week we will attend the General Affairs Council as well. The Tánaiste will attend the Foreign Affairs Council. In the autumn I hope to have an opportunity to travel to Lithuania. I hope there will be an opportunity for Ministers to visit this country as well in the run-up to the Presidency trio. Critically, I also met a month ago with the Secretary General of the European Parliament who will play a very important role. President Buzek was in the country on Monday and Tuesday of this week. The Taoiseach, the Tánaiste and I discussed the Presidency with him. We are working hard to ensure the Presidency will be successful. It is one of critical importance to the country and it is well under way.

Human Rights Issues 18. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs and Trade if he is concerned by recent opinions voiced by the think tank European Council on Foreign Relations that China’s purchase of Spanish and Greek bonds over the past year, and recent promise to buy from Hungary, have made it a bilateral lender of last resort for politicians in indebted countries and that this has serious implications for Europe’s ability to present a united front to China on issues such as trade reciprocity, climate change and human rights. [20094/11]

Deputy Lucinda Creighton: The EU fully recognises the challenges it faces to defend its interests and promote its values in a fast changing world, where countries such as China, India and Brazil have emerged as increasingly influential global players. Over the past year, EU High Representative Catherine Ashton has been developing a framework to enable the EU to strengthen its internal coherence in order to engage more effectively with its main strategic partners, taking full advantage of the Lisbon treaty instruments. In particular the European External Action Service is central to the new approach to strategic partners, which involves fewer priorities, greater coherence and a sharper focus on results. The practice of having all 27 member states voicing common messages in bilateral contacts with partners is important in helping to project the EU as a unitary force. The commercial investment decisions of individual member states do not undermine the efforts of the EU as a collective to pursue its core objectives with international partners. China’s size, economic clout and political weight makes it a key strategic partner of the European Union. It is the world’s second largest economy and the biggest exporter of manufactured goods. Trade between the EU and China has risen dramatically in the last decade and the EU is now China’s largest trading partner. Strengthening relations with China is a priority of the EU 550 Other 13 July 2011. Questions as China offers immense potential for co-operation in the trade, energy, security and development sectors. The partnership is increasingly focused on addressing global challenges in which the EU and China can play a key role in devising effective international responses. In this respect, EU-China relations go beyond a bilateral framework and take on a global dimension. As with all partnerships, it is not without its differences, most notably in the area of trade and investment; the EU is seeking improved market access, a better environment for investment, more effective enforcement of intellectual property rights and the opening up of public procurement. The rule of law and human rights are also important elements in the ongoing dialogue with China. The EU-China relationship is more important than ever in the current financial and economic climate. The EU welcomes China’s emergence as a global power and recognises the considerable contribution it has made to global economic growth. China’s dynamic economic growth benefits the EU. The significant investment by China and other countries in Europe is welcome. It demonstrates confidence in the European economy and in Europe’s capacity to emerge from its current economic difficulties. The purchase by China of government bonds is a matter between China and the individual relevant member states.

Deputy Pádraig Mac Lochlainn: The Minister will be aware that historically, one of the great concerns of human rights organisations has been the fact that, all too often, commerce was put ahead of human rights concerns, particularly in the case of Europe and the United States. In terms of population, only India can compare with China, which has around 1.4 billion people and is the second-largest economy in the world. It has an important role to play and will have, for God knows how many years to come. However, there are ongoing genuine concerns about human rights in that vast country, as well as about environmental legislation and the need for reciprocal trade agreements. The same rules that apply to China in Europe should apply to European investment in China. One statistic here is remarkable. According to the European Council on Foreign Relations, China’s total investment in Europe was around $1.3 billion five years ago; however, from October 2010 to March 2011, Chinese firms and banks committed $64 billion, which represents an immense increase in influence. One hopes this does not diminish our responsibility to uphold human rights and legitimately question any issues that arise with that country. It is important that we get the balance right.

Deputy Lucinda Creighton: I accept the points that have been made by the Deputy. It is fair to say that of all global economic blocs, the European Union has been the most consistent in striving to uphold human rights and impress upon the Chinese the need to enhance human rights protection in China. There is, as I mentioned, a wide-ranging dialogue between the EU and China on all sorts of matters, from environment to trade to general economic co-operation. Part of that dialogue is an intensive focus on human rights issues such as freedom of expression, the death penalty, independence of the judiciary, prison conditions, freedom of religion and minority rights. At the latest session of that dialogue, which took place on 16 June in Beijing, the EU again raised its concerns regarding the rights of minorities, forced disappearances and the extra-legal house arrest of government critics, challenging and addressing in a forthright fashion these issues which are of major concern. However, the world still goes around. There are major economic challenges facing the Euro- pean Union and individual member states and Ireland, like all other member states, regards China as an important trading partner. While we are trying to use the clout and influence we have to ensure China prioritises these human rights challenges, we cannot afford to place 551 Defence (Amendment) Bill 2011 13 July 2011. [Seanad]: Second Stage (Resumed)

[Deputy Lucinda Creighton.] ourselves at a disadvantage vis-à-vis other member states. We must be competitive in vying for trade with China. That is essential to our export sector in particular. 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 Nicky McFadden — the terms pertaining to land reclamation drainage works; (2) Deputy Liam Twomey — the reduction in the availability of CAT lab services at Waterford Regional Hospital; (3) Deputy Michael Healy-Rae — the cost of school books; (4) Deputy Noel Harrington — the construction of a relief road for Bantry, County Cork; (5) Deputy James Bannon — the need to review the decision that led to suppression of the posts of resource teacher for Travellers and rural co-ordinator for disadvantage at St. Mary’s national school, Edgeworthstown, County Longford; (6) Deputy Catherine Murphy — the need to provide proper resources for St. James’s Hospital, Dublin, in order that it can remain a centre of excellence for cancer treatment; (7) Deputy Martin Ferris — the situation of workers in the Solus shops, which are under liquidation; (8) Deputy Marcella Corcoran Kennedy — the need to publish the carers’ strategy as soon as possible; and (9) Deputy Dara Murphy — the need to amend the planning laws with regard to the planning appeals process. The matters raised by Deputies Michael Healy-Rae, Nicky McFadden, Liam Twomey and Catherine Murphy have been selected for discussion.

Defence (Amendment) Bill 2011 [Seanad]: Second Stage (Resumed)

Question again proposed: “That the Bill be now read a Second Time.” Deputy Finian McGrath: I thank the Leas-Cheann Comhairle for the opportunity to continue the debate on the Defence (Amendment) Bill 2011. Earlier, I dealt with the purpose of the Bill, the role of our Defence Forces and peacekeeping missions abroad. As I said earlier, I have always supported and commended their work on the international stage. Sections 3 and 4 deal with the committee established for the purposes of identifying candidates and informing the Government of their suitability for appointment. These are important modernising sections, which I support. Delving into the legislation, section 7 provides that the Minister for Defence, having consulted with the Minister for Justice and Equality, may request the President of the Circuit Court to temporarily designate a Circuit Court judge to perform the functions of a military judge under certain circumstances: where no person has been appointed as a military judge, where a military judge appointed under the principal Act is ill, absent or otherwise unable to carry out his or her functions, or where a military judge cannot properly deal with a matter before him or her. Again, sections 6 and 7 are modernising provisions and I commend the Minister on these proposals. On the broader issue, I see that no additional costs will arise for the Exchequer as a result of the Bill. This is an important Bill. When we discuss defence we are referring to the Defence Forces, but we are also dealing with policy matters. I mentioned earlier our magnificent role in the United Nations. To mention a more up-to-date situation, I would very much like to see Ireland supporting the cause of United Nations membership for a Palestinian state. I believe the meeting about this will be held in September. This is a crucial thing for us to do. Ireland should support the cause of UN membership of a Palestinian state with 1967 borders in order to put 552 Defence (Amendment) Bill 2011 13 July 2011. [Seanad]: Second Stage (Resumed) pressure on Israel to withdraw to those borders. When one talks to members of the Defence Forces who were in the Middle East, in the Lebanon, the message is that we need to assert our own independent foreign policy line. The current position of the Irish Government on this issue was expressed in the Dáil on 2 March 2011 by the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, who said: “It would be premature to declare such recognition now, in advance of actual control of the territory in question, a condition to which we in Ireland attach signifi- cance”. That is something the Minister should be careful about. He seems to be saying it would be premature to declare such a recognition. Yesterday, members of the Technical Group met Mr. Sadaka of the Ireland Palestine Alliance — we have also met many Palestinians — and gave a commitment that we would raise these issues and push the agenda. We should also consider our own history, which was dominated by an imperial power, when dealing with foreign policy matters. On the question of the role of our peacekeeping troops, I would like to see our troops deal more effectively with crisis situations. I mentioned battle groups earlier, but I would also like to see them use their clout and skills to move into areas in which there is famine and drought, such as Somalia. The issue of foreign aid is directly linked to this debate. I want the Govern- ment to use its foreign aid wisely. Every Member supports the principle of assisting the poorest of the poor countries and reaching the target of 0.7% of national income for overseas development assistance by 2015. However, I have concerns about some of our partner countries such as Ethiopia and Uganda. Annually, Ethiopia and Uganda receive €37.5 million and €46 million respectively in aid from the Irish Government. Recently, Ethiopia placed an order with Ukraine for 20 T-72 tanks worth approximately €100 million and another for unmanned surveillance drones from Israel. Uganda has bought eight fighter jets and other military hardware worth €700 million from Russia. It is unacceptable that these countries can spend hundreds of millions of euro on military hardware while their people go hungry. Should Ireland give aid to countries that are arming themselves to the teeth? How would the IMF and EU react if Ireland started spending €800 million on weapons while cutting services such as special needs assistants? It is time for the Government to start asking hard questions on international aid. I would like to see our Defence Forces develop a role in assisting humanitarian missions and conflict resolution. The Defence Forces also have to be given clear policy direction. I have serious concerns about the use of Shannon Airport by US troops travelling to and from Iraq. A recent opinion poll showed that 58% were opposed to such use while only 19% approved with 21% having no opinion and 2% do not knows. That is a clear statement on foreign policy coming from the people. Why has the Government not implemented this? I recall Labour Party Members jumping up and down about human rights when in Opposition. Now they have all gone AWOL since getting in to power. We must stick to the independent foreign policy line when sending our Defence Forces on overseas missions. It is within a reformed UN and OSCE not the European Union that Ireland should pursue its security concerns. Ireland should pursue a positive neutrality and independent foreign policy rather than joining military alliances such as the WEU and NATO. 4o’clock Ireland must seek to promote European and international security through a policy of disarmament and oppose, therefore, the militarisation of the European Union. Ireland must also refuse to co-operate with or condone any policies or military group- ings which maintain nuclear weapons or weapons of mass destruction. Irish troops should only serve abroad as peacekeepers under the auspices of the UN. I suspect there is a grouping in the Government that wants to see that political agenda changed. 553 Defence (Amendment) Bill 2011 13 July 2011. [Seanad]: Second Stage (Resumed)

[Deputy Finian McGrath.]

The Army has played a blinder in dealing with delicate situations at home. It has been magnificent in dismantling pipe bombs planted by gangs across Dublin, particularly on the north side. I also hope the economic crisis does not distract from tackling gangland crime such as shootings in pubs and bombs under cars. No one seems to bat an eyelid anymore to the rising number of shootings across Dublin. The Defence Forces have been reduced from 15,201 personnel in 1981 to 9,595 in 2011. I hope the Army will not be overstretched in dealing with UN missions and its State role. The Defence Forces must retain the power to enforce discipline through its own unique code of discipline within the military justice system. This disciplinary code must support operational effectiveness. However, there is a right to due process. For this reason I welcome the opening of the new military justice centre McKee Barracks in 2009. It has a modern courtroom with a digital recording system, waiting area, consultation rooms and related administrative facilities. The Minister stated earlier:

My concern in bringing forward this legislation was not to address the position of any individual but to put in place coherent legislation in respect of which there could be no confusion as to eligibility criteria and to go further by extending eligibility to a broader pool of people. I did not wish to simply address the circumstances of one individual.

Due process must be in place when dealing with such cases. The changes to the Defence Acts are both necessary and desirable. We need reform, accountability and fairness in this area. I welcome this modernising legislation which contains progressive provisions. When we are devising policy, it is important the Government does not take its eye off the ball but keeps our independent foreign policy top of the agenda. Ireland has always been identified as such and has earned much respect for this across the world. However, I am concerned that if Ireland becomes identified with any power bloc this respect will be lost. I know from talking to family members and friends who served on UN missions that they want this foreign policy integrity maintained.

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): I thank Members for their constructive contributions. The Minister for Defence, Deputy Shatter, will respond to the issues raised on Committee and Report Stages. The Bill will further enhance the measures implemented to date by the Defence (Amendment) Act 2007. It is also necessary to address the issues identified subsequent to the enactment of the Defence (Amendment) Act 2007. The measures included in the Bill are proactive in the context of providing for an efficient and effective system of military discipline within the Defence Forces. In that regard, I am of the view that they will be welcomed by all members of the Defence Forces. On my behalf and that of the Minister for Defence, Deputy Alan Shatter, I thank Members for their instructive and helpful contributions. I am sure the debate on Committee Stage will be equally as constructive as that in which we have just engaged.

Question put and agreed to.

An Ceann Comhairle: I understand it is proposed to refer the Bill to the Select Committee on Justice, Defence and Equality. Does the Minister of State wish to move the motion in that regard? 554 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Defence (Amendment) Bill 2011 [Seanad]: Referral to Select Committee Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): I move:

That the Bill be referred to the Select Committee on Justice, Defence and Equality in accordance with Standing Order 122(1) and paragraph 1(a)(i) of the Orders of Reference of that committee.

Question put and agreed to.

Sitting suspended at 4.10 p.m. and resumed at 4.20 p.m.

Criminal Justice (Female Genital Mutilation) Bill [Seanad]: Second Stage Minister for Health (Deputy James Reilly): I move: “That the Bill be now read a Second Time.” I am pleased to have the opportunity to introduce this Bill to the House. I would also like to thank Senator Ivana Bacik for raising this issue in the Seanad last April and encouraging the Government of the day to commence the preparation of the Criminal Justice (Female Genital Mutilation) Bill 2011. Female genital mutilation, FGM, is a gross violation of women’s human rights and legislation to expressly prohibit it is the first step in ensuring this practice does not take hold in Ireland. The Bill has benefited from consultation with national and international experts in this field and will bring Ireland in line with international best practice as well as providing indisputable legal clarity on the issue. I bring the Bill before the House on the basis that we all share a desire to see an end to this practice worldwide and to prevent it from occurring in our country. I propose to give some background on the practice of female genital mutilation and the main policy provisions of the Bill. Female genital mutilation is a harmful traditional practice and a form of violence that directly infringes upon women’s and children’s rights to physical, psychological and social health. FGM is recognised internationally as a gross violation of human rights for girls and women and a form of gender-based violence. The World Health Organisation, WHO, defines FGM as any procedure involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. The WHO estimates that between 100 and 140 million girls and women worldwide have been subjected to some form of FGM and a further 3 million girls are at risk each year. This equates to 6,000 women and girls undergoing FGM daily in the world and there are over 3,000 women living in Ireland who have undergone FGM. The prevalence, type and age at which FGM is performed varies between and within countries and regions, with ethnicity as the most decisive factor. FGM is known to be performed in at least 28 African, Middle Eastern and Asian countries. Prevalence ranges from nearly 90% or higher in Egypt, Eritrea, Somalia and Sudan, to less than 50% in the Central African Republic and Cote d’Ivoire, to 5% in the Democratic Republic of Congo and Uganda. Increased immigration to Europe has meant that a cultural practice previously associated with the developing world has become an issue, indeed a problem that needs to be overcome in a culturally sensitive manner in European societies, including Ireland. In many cases, families and communities will attempt to continue to practise FGM after moving to Europe as a way of upholding traditional customs. The rationale for the continuance of FGM varies across regions, countries and cultures. However, in every society in which it is practised, FGM is an expression of gender inequality. 555 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy James Reilly.] In many instances, parents want their daughters to undergo FGM to avoid stigmatisation or social exclusion by the rest of the community. In practising communities, it is strongly believed that a girl is not marriageable if she has not undergone FGM. However, FGM has no health benefits. It involves removing and-or damaging healthy and normal tissue and interferes with the natural function of girls’ and women’s bodies. Immediate health consequences of FGM can include severe pain, shock, haemorrhage, difficulty passing urine, infection, psychological trauma and sepsis, which can lead to death. Long-term complications include chronic urinary and menstrual problems, chronic pain, pelvic inflammatory disease, cysts, infection, increased risk of HIV transmission and infertility. FGM also has serious and adverse consequences for mothers and children during childbirth. A WHO study found significant associations between FGM and various types of obstetric complications. The risk to women’s and girls’ health is invariably aggravated by the use of unsterile equipment, unsanitary environments, lack of any anaesthetic and by the procedure being carried out by unskilled members of the community. In addition to physical health consequences, women who have undergone FGM also report negative psychological and emotional effects. The main purpose of the Bill is to prohibit FGM, along with providing for related offences, some of which apply to certain extra-territorial jurisdictions. I will set out the specific measures in the Bill, in greater detail, later in this statement. Having a specific Bill prohibiting this practice will bring legal clarity and certainty to the issue. It is likely that female genital mutilation already constituted an offence under the Non-Fatal Offences against the Person Act 1997. However, this Bill leaves no room for doubt and sends the message loud and clear that FGM will not be tolerated in Ireland. Having specific legislation on FGM will also aid social and health care personnel working with practising communities, as they will be able to point to this proposed legislation and the serious punishment for offences relating to FGM in their efforts to prevent the continuation of this custom. Moreover, we know from NGOs and public health services working with practising communities that the most significant risk of FGM being carried out on girl children living in Ireland arises during visits to countries where FGM is commonly practised. Parents are coming under pressure to have FGM carried out on their daughters upon visiting their country of origin. This Bill aims to address this risk by creating an offence of removing a girl or woman from the State for the purpose of FGM and by introducing an extra-territorial element to its provisions. In addition, the Bill explicitly addresses the cultural imperative of FGM. We all know how important culture can be for a sense of identity and how important being able to share cultural traditions can be, especially among migrant communities. Nevertheless, the freedom to practise one’s traditions and beliefs may not supersede the protection of fundamental human rights and freedoms. The Bill stems from a human rights perspective and stipulates that the right to practise cultural traditions cannot be evoked to justify FGM. Finally, the Bill includes several provisions to ensure that victims of this crime are protected during legal proceedings. These provisions reflect the fact that many victims might be minors and proceedings are likely to be against members of their own family. The Bill was the subject of consideration and discussion in the Seanad. During that debate, I introduced an amendment to the Bill to state explicitly that a victim impact evidence provision would apply to offences set out in the Bill in accordance with the Criminal Justice Act 1993. This provision is reflected in section 13 of the Bill. Two other technical amendments were made in the Seanad to update and reflect changes in the official names of the two State Departments mentioned in section 12(1)(a) and (b) as set out in Statutory Instruments Nos. 246 and 138 of 2011. Furthermore, I have published a supplementary explanatory memorandum that explicitly 556 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage states that the Bill stems from a human rights perspective and recognises the practice of FGM as a violation of human rights and a form of gender-based violence. In addition, the supplementary memorandum includes the WHO’s definition of FGM used in the Bill and stipulates that the right to practice one’s cultural traditions and beliefs cannot be used to justify FGM. Following the Seanad debate I undertook to seek additional advice on the requirement in the Bill for dual criminality. This issue has been considered in some detail by my officials and the Attorney General’s Office. The advice confirms that in general, where provision is made for extraterritorial jurisdiction, dual criminality is necessary to satisfy the principal of legality, that is that someone should not be punished for an offence which was not an offence in the jurisdiction in which it took place. Only in exceptional cases are extra territorial offences provided for without a requirement of dual criminality. Under Article 29.8 of the Constitution, the State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law. Under international law, only offences jus cogens, against the conscience of the world, such as piracy, war crimes and terrorist acts, carry universal jurisdiction. At present, FGM when carried out by a private party is not an international crime and, therefore, dual criminality is required for the exercise of extraterritorial jurisdiction. However, in order to ensure that we would be in a position to prosecute a person who takes a girl to a country where FGM is legal, that is, a case which could not be prosecuted under section 4 because of the requirement of dual criminality, the Bill provides an innovative offence in section 3 — the offence of removal from the State of a girl for the purpose of FGM — to cover such conduct so that the offence provisions in sections 3 and 4, when read together, should cover all of the conduct which ought to be criminalised in relation to FGM. The Bill also meets Ireland’s obligations under the Constitution and international law in regard to FGM and dual criminality. I will now turn to the details of the Bill, as passed by Seanad Éireann. The Bill contains 16 sections. Section 1, the interpretation section, provides for the definition of female genital mutilation and certain other terms used in the Bill. Section 2 criminalises the act of performing female genital mutilation and provides for the offence of attempting to perform an act of female genital mutilation. The offences of aiding, abetting, counselling, or procuring the commission of female genital mutilation are already provided for in the general criminal law Acts on the grounds that a person is liable to be tried and punished where he or she aids, abets, counsels or procures the commission of an indictable offence. Section 5 provides that performing or attempting to perform female genital mutilation is an indictable offence. In a similar vein, the offence of conspiring with another person to perform female genital mutilation is covered by the same general criminal law. The Bill makes provision for various exemptions to the offence of female genital mutilation. These exemptions are aimed at avoiding the criminalisation of surgical operations required for the protection of the physical or mental health of a girl or woman, or those necessary to assist a woman in labour or after she has just given birth. With respect to this exemption, it is provided that any type of mutilation that is equivalent to female genital mutilation following delivery, such as reinfibulation, also constitutes an offence under these provisions, even where it is done at the woman’s request. A further exemption is made for a girl or woman who self-mutilates, although a person who aids and abets such a girl or woman to perform female genital mutilation on herself may be tried for an offence under the general criminal law. A person is exempt when performing an act on a woman who is over 18 years of age and where there is no resultant permanent bodily harm. Given that we have used the broad World Health Organisation definition of what constitutes female genital mutilation, this final exemption is to avoid making certain forms of genital 557 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy James Reilly.] piercing and cosmetic surgery for aesthetic purposes a criminal act. Section 2(3) precludes the possibility of invoking reasons of custom or ritual — or the consent of the girl or woman herself or her parent or guardian — in any defence to proceedings for the commission of the general offence of performing or attempting to perform an act of female genital mutilation. Section 3 contains offences that relate to removing a girl or woman from the State for the purposes of performing female genital mutilation on her. This provision reflects the fact that, as mentioned earlier, the greatest risk to female children living in this State arises during visits to their family’s country of origin. Subsection (1) makes it an offence for a person to take a woman or girl from the State where one of the purposes of taking her is to perform female genital mutilation on her. A similar offence for attempting to remove her is also created. Subsection (3) provides that where it can be reasonably inferred that an accused person took a girl or woman out of the country for, among other reasons, the purpose of having female genital mutilation carried out on her and that an act of female genital mutilation was subsequently done to her when she was abroad, there shall be a presumption, unless the contrary is shown, that the accused took the girl or woman out of the State in order to have female genital mutilation performed on her. Section 4 adds an extra-territorial dimension to the Bill. It provides that if an Irish citizen or a person ordinarily resident in the State commits an offence of performing or attempting to perform female genital mutilation outside the State in a country where it is also illegal, he or she is guilty of an offence. As I have mentioned, this dual criminality provision is included to comply with the requirements of Article 29.8 of the Constitution and with the general principles of international law. Only in exceptional circumstances are extra-territorial offences in criminal law provided for without dual criminality, for example, in the case of war crimes or terrorist offences. The expression “ordinarily resident in the State” is defined as a person who has had his or her principal residence in the State for the period of 12 months preceding the alleged commission of the offence. Section 5 sets out the penalties for offences committed under sections 2, 3 and 4. It provides for penalties for both a summary conviction and a conviction on indictment. Section 6 provides that proceedings for an offence under the Bill may only be commenced either by or with the consent of the Director of Public Prosecutions. Section 7 is a standard provision of double jeopardy under which a person cannot be proceeded against for an offence under the Bill if he or she has been acquitted or convicted of a similar offence in another country. Sections 8, 9, 10 and 11 set out measures to protect the privacy of the victim and of the accused person. For this purpose, the Bill incorporates the extensive provisions in the Criminal Law (Rape) (Amendment) Act 1990 with respect to the exclusion of the public from hearings and the measures in the earlier Criminal Law (Rape) Act 1981 with respect to safeguarding the anonymity of the victim. Section 12 provides for evidentiary matters relating to a person being deemed to be an Irish citizen at the time an offence is alleged to have been committed in any proceedings which refer to an offence under section 4(1)(c) of the Bill, that is, the extra-territorial measures. It also allows for evidence by certificate. Section 13 amends the Criminal Justice Act 1993. This provision allows a victim of a female genital mutilation offence or her representative to make an oral statement, commonly called a victim impact statement, at a sentencing hearing. This amendment is in line with current provisions in regard to other serious crimes against the person. Section 14 amends the Schedule to the Bail Act 1997. The Schedule lists the offences that are defined as “serious offences” and section 2 of the Bail Act provides for the circumstances 558 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage in which bail may be refused for such offences. As a result of this amendment, the offences in this Bill that relate to sections 2, 3, and 4 will be added to the Schedule of the Bail Act. I intend to bring forward a technical amendment on Committee Stage to update and correct the sequence number of the reference to this Bill. Section 15 amends Schedule 1 to the Children Act 2001, inserting the offences relating to female genital mutilation at sections 2, 3, and 4 of the Bill into that Schedule. Finally, section 16 contains the Short Title of the Bill. A standard technical amendment to this section will be introduced on Committee Stage in regard to the timing of the commencement of the Bill. We in Ireland are in the fortunate position of being able to take a preventative and proactive approach to the prevention of female genital mutilation. We have the opportunity and the duty to protect girls and women in practising communities currently living in Ireland from undergoing this procedure. While legislation alone is never sufficient to tackle a problem of this gravity, the enactment of legislation specifically prohibiting female genital mutilation and including extra-territorial provisions is a vital step in preventing the practice from taking hold in this country. The Bill, if enacted, will act as a powerful deterrent and will potentially empower practising communities living in Ireland to resist pressure from their country of origin to pre- serve the custom. I commend the Bill to the House and look forward to the debate.

Deputy Billy Kelleher: I welcome the Minister’s commitment to the enactment of this legislation. Female genital mutilation is an internationally recognised human rights violation of women and girls. The practice has been strongly denounced by the World Health Organisation, the United Nations Population Fund and other international medical and health organisations as a violation of numerous human rights treaties and contrary to medical ethics. Female genital mutilation is a major child protection and women’s health issue with serious implications for children and women throughout the world. The issue has arisen in Ireland as a consequence of our changing demographics. The relevant population data from the 2006 census were used by AkiDwA, a national organisation for African women living in Ireland, to collate the preliminary estimate of almost 2,500 women, calculated by country of origin and age group, resident in Ireland and living with female genital mutilation. The origins of female genital mutilation are largely unknown but the practice predates contemporary world religions. Local and cultural factors and traditions are likely to be the main reasons for the development and continuation of the practice over time. One of the reasons put forward for the practice of female genital mutilation is social convention, with social pressure to conform with what others are doing being a strong motivation to perpetrate the practice. Many communities may not even question the practice or have long forgotten the reasons for it. Female genital mutilation is often considered a necessary part of raising a girl properly and a way to prepare her for adulthood and marriage. It is often motivated by beliefs about what is considered proper sexual behaviour, linking procedures to pre- marital virginity and marital fidelity. There is a belief that female genital mutilation reduces a woman’s libido and will help her to resist casual or illicit sexual encounters. Religious leaders take varying positions with regard to female genital mutilation. Some promote it, some consider it irrelevant to religion and others contribute to its elimination. Local structures of power and authority such as community and religious leaders, genital cutters and even some medical personnel can contribute to the upholding of the practice itself. In most societies female genital mutilation is considered a cultural tradition which is often used as an argument for its continuation. In some societies the recent adoption of practice is linked to copying the traditions of neighbouring and more domi- nant groups and sometimes it is part of the wider religious or traditional revival of movements. 559 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Billy Kelleher.]

The World Health Organisation estimates that between 100 million and 140 million women and girls worldwide have undergone female genital mutilation. Most of these women and girls are resident in one of 28 countries, almost all in Africa, although there are reported cases of female genital mutilation in some countries in the Middle East and Asia. Practising countries include Benin, Burkina, Faso, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Djibouti, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Guinea-Bissau, Guinea, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Uganda, United Republic of Tanzania, Togo and Yemen. The age at which girls undergo female genital mutilation varies by community and region and the most common age for the performance of FGM is between four and ten years of age, although this can vary from birth up until first pregnancy. Female genital mutilation is defined as a partial or total removal of the external female genitalia or any practice which purportedly alters or injures the female genital organs for non- medical reasons. Typically it is performed by an older woman in the community who has had no medical training. The use of anaesthetics and antiseptics is uncommon, instruments used to perform female genital mutilation include razor blades, knives, piece of glass, scissors and scalpels. In some instances several girls will be cut using the same instrument, heightening the risk for potential spread of infections, including HIV. Female genital mutilation has no health benefits and involves removing or damaging healthy and normal body tissue. The short-term complications of the procedure can include death, haemorrhage, infection and failure of the wound to heal, injury or trauma to adjoining areas such as the urethra or the anus and shock from severe pain and bleeding, tetanus and transmission of HIV and other viruses. The longer term complications for FGM can include decrease or loss of sexual sensation, difficult and complicated childbirth, increase in maternal and child mortality, incontinence and difficulty urinating, pelvic inflammatory disease and fertility and psychological trauma, including post traumatic stress disorder, depression and anxiety. Other symptoms include scarring and hardening of vaginal tissue causing constant pain around the genital area and subcutaneous cyst development. A major World Health Organisation study published in 2006 found a significant increase in poor obstetric outcomes including the death of the baby for women who had undergone female genital mutilation. The current legislative position in Ireland on FGM is based on legal advice which the then Minister for Health and Children received from the Office of the Attorney General in October 2004 and again in 2009, which indicated that while the issue remains to be clarified and determined by the courts, it was strongly of the opinion that female genital mutilation would constitute an offence under the Non-fatal Offences Against the Person Act 1997. The Attorney General advised in 2004 that it would appear the practice is not lawful in Ireland. He stated that the mutilations that are typically performed during acts of female genital mutilation would probably meet the definition of serious harm contained in the Act. It is therefore likely that for a person to perform an act of female genital mutilation would comprise an intentional act which causes serious harm and would thus be an offence under section 4 of the Act. The then Attorney General further advised that the consent of a parent would not be a defence under section 4(4) and the 1997 Act does not provide for a defence of consent in regard to an offence under section 4. In the event that in particular circumstances an act of female genital mutilation was found not to have resulted in serious harm, it would still be open to the Garda to prosecute for the similar but less serious offence provided by section 3 of the Act which criminalises a person who assaults another, causing him or her harm. 560 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Female genital mutilation is recognised internationally as a gross violation of human rights for girls and women. It is a denial of their right to physical and mental integrity, their right to freedom from violence and discrimination and, in the most extreme cases, their lives. A resolution of the Council of Europe expresses concern at the fact that female genital mutilation is practised in the Council of Europe member states and denounces clearly a position of cultural relativism. It further declares that “genital mutilation should be regarded as inhuman and degrading treatment within the meaning of Article 3 of the European Convention on Human Rights, even if carried out under hygienic conditions by competent personnel”. It specifies the measure requested from member states with refugee status, education and awareness raising and ratification of international treaties, the Convention on the Elimination of Discrimination against Women and the UN Convention on the Rights of the Child, without reservations. This has been confirmed by a decision of the European Court of Human Rights which states that “it is not in dispute that subjecting a woman to female genital mutilation amounts to ill-treatment contrary to Article 3 of the Convention”. The European Parliament resolution on combatting FGM in the EU on 24 March 2009 calls on EU member states to regard any form of female genital mutilation as a crime, irrespective of whether the woman concerned has given any form of consent and to punish anybody who helps, encourages, advises or procures support for anybody to carry out any of these acts on the body of a woman or girl; to pursue, prosecute and punish any resident who has committed the crime of female genital mutilation, even if the offence was committed outside their borders, and to adopt legislative measures to allow judges or public prosecutors to take precautionary and preventive measures if they are aware of cases of women or girls at risk of being mutilated. Later in 2009, the European Parliament adopted a Resolution on the Elimination of Violence against Women that calls on member states, “to implement specific legal provisions on female genital mutilation or to adopt such laws and prosecute all persons who conduct genital mutilation”. Female genital mutilation breaches Article 19 of the UN Convention on the Rights of the Child which places an obligation on the state to protect children from all forms of maltreatment including physical violence, injury or abuse. It also breaches Article 24(3) on the abolition of traditional harmful practices and Article 37(a) on the right to freedom from torture or other cruel, inhuman or degrading treatment or punishment. Ireland ratified the United Nations Convention on the Rights of the Child in 1992. The National Plan of Action to address FGM was launched in 2008 by a national steering committee comprising governmental and non-governmental organisations. These included AkiDwA, Amnesty International Ireland, Barnados, Cairde, the Children’s Rights Alliance, Christian Aid, Comhlamh, the HSE, Integrating Ireland, Integration of African Children in Ireland, Irish Aid, the Irish Family Planning Association, the National Women’s Council of Ireland, the Refugee Information Services, the Somali Community in Ireland, the Somali Com- munity Youth Group, UNICEF and the Women’s Health Council. The plan was partly funded by the European Commission through EuroNet Female Genital Mutilation, a European network dedicated to the prevention and eradication of harmful traditional practices that affect the health of woman and children. Fifteen EU countries participated in this project and all launched their respective national actions plan on 25 November 2008, International Day for the Elimination of Violence Against Women. The plan of action is intended to build the capacity of all sectors in this area and to lay the foundation for future plans of actions. It is set out over a period of three years, from 2008 to 2011 and has two main goals. The first it to prevent the practice of female genital mutilation while the second is to provide high quality, appropriate health care and support to women and girls who have undergone female genital mutilation. 561 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Billy Kelleher.]

It is critically important when discussing this issue that we accept and acknowledge that individuals with traditions in communities believe that FGM is a part of the tradition, culture and family values. We must ensure that all legislative provision is made available to ensure that this does not happen. For women or girls who have had female genital mutilation, the danger is that if we stigmatise it too much, we could discourage them from seeking help or attending their local general practice doctor or for accessing health care in Ireland. It is critically important that when we are speaking about female genital mutilation, we clearly state that we object and have legislation in place and will pursue those who are involved in female genital mutilation. We must also clearly state that those who have had genital mutilation carried out on them are in no way to blame or could be prosecuted as it could discourage women who have had this procedure from seeking medical attention. This in itself could have profound implication for the health of themselves or their unborn child. A number of the objectives are listed under each goal and the second goal has four objectives — to develop professional support for those involved in providing care and support for women and girls who have undergone FGM; to assist professional capacity building in the provision of health care and support services for women presenting with female genital mutilation; to address the physical, psychological and emotional health care needs of women and girls living in Ireland with female genital mutilation; and to improve data collection of women with female genital mutilation presenting to maternity hospitals. Regarding legislation, the plan aims for the enactment of legislation specifically to prohibit female genital mutilation in Ireland, including the principle of extraterritoriality as an extension of national legislative protection. The HSE plays a key role in the prevention of FGM and the delivery of care to women who have undergone the practice. The health needs of women who have undergone female genital mutilation have been acknowledged in the HSE inter-cultural health strategy, 2007-12. The principles and recommendations of the strategy align strongly with the objectives of the national action plan to address female genital mutilation. The HSE was represented on the steering committee developing the plan and continues to support ongoing work with the group established to progress its implementation. In this regard, and in line with the principles of the national intercultural health strategy concerning partnership and cross sectoral collaboration, the HSE national social inclusion unit has made funding available to AkiDwA from March 2009 in order to progress the health-related objectives of the national action plan for female genital mutilation. These aim to provide high quality, appropriate health care and support women and girls who have undergone female genital mutilation. The HSE’s initial work has prioritised those aspects of awareness raising and provision of information to health professionals. One outcome is the development of professional supports for those involved in providing care and support for women and girls who have undergone female genital mutilation. Another is the development and dissemination of information for health care professionals working in Ireland on FGM, through a document entitled Female Genital Mutilation: Information for Health Care Professionals Working in Ireland. This pack was developed by AkiDwA in collaboration with the Royal College of Surgeons and was launched by the then Minister of State with responsibility for integration, Mr. Conor Lenihan. Ongoing demand by health professionals for this resource, both for use in practical situations and in training events, has led to the HSE supporting funding of additional copies. I do not know the updated position with regard to funding from the HSE in support of this but I urge the Minister, in the context of the legislative enactment of this Bill, to provide funding to raise awareness of prevention and of the fact that there is legislation in place to discourage, prosecute and criminalise those involved directly or in aiding and abetting those who carry out female genital mutilation in the State or outside. I suggest the provision of 562 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage funding for an awareness campaign to inform migrant committees, who are already vulnerable and are at one remove from the system. These campaigns should make them aware there is medical and psychological help available to those who have had the procedure carried out on them. The HSE has stated that while initial work in the area of female genital mutilation in Ireland has focused on addressing health care needs of women who have undergone this procedure, ongoing awareness raising, confidential disclosures by women in focus groups, anecdotal information has led to a concern for children and young girls, particularly in respect of issues around prevention of female genital mutilation. The procedure has real implications for children living in Ireland. The steering committee to address it in Ireland has expressed concerns that there are girls living here at risk of undergoing the procedure because they are born into families that practise female genital mutilation. There are two risks. The first is that FGM could potentially take place in Ireland although no known case has taken place. I find that hard to believe because legislation criminalising female genital mutilation has been in place for years in the UK. There is anecdotal evidence that it is carried out there and one can assume it has been carried out in this State. We must ensure we send out a strong message that we are not merely passing legislation but ensuring follow-up by the Garda Síochána and the DPP where information is presented to them. I remember a Somali girl, Waris Dirie, who wrote the book “Desert Flower”, discussing this on “The Late Late Show”. Ireland was then a homogenous society and this was all new to us. She had been a model for the top agencies around the world and subsequently devoted her time to highlighting this issue. She became an ambassador to the UN to promote the need for strong legislative action to encourage outlawing this practice. I mentioned countries where this is carried out. The Maputu Accord and various conventions were signed by many of the countries where large percentages of the female population have undergone female genital mutilation yet no convictions have taken place. I urge us to use every opportunity, through the UN, the WHO and other summits to indicate that this is a fundamental breach of basic human rights, including the right to dignity and integrity of the body. We cannot pass legislation and leave it at that. As a Parliament, as a people and as a society we must advocate in the strongest possible terms that this is a gross infringement on basics dignity and human rights. I acknowledge the NGOs and voluntary organisations throughout the world who have consistently advocated the abolition of this gross practice. They also highlight the damage it does to the individual, physically and psychologically, and the threat it carries to women throughout their lives in respect of maternity and obstetrics. I commend the Minister for introducing this Bill. In April 2010 the then Minister for Health and Children, Mary Harney, made a commitment to introduce new legislation to explicitly prohibit the barbaric practice of FGM. This is an important issue that must be dealt with in law and in society. Female genital mutilation is a barbaric practice that has no place here. The Criminal Justice (Female Genital Mutilation) Bill was published on 20 January 2011, shortly before the Dáil was dissolved. A national action plan to address female genital mutilation, drawn up by non-governmental organisations and statutory organisations including the HSE, was launched in 2008. The Minister alluded to the fact that up to 3,000 people who have undergone female genital mutilation may be residing in the State. This is of great concern because many people see it as normal and it could continue and evolve in some of the traditions on this island. We must be vigilant and understand that some see this as normal and that some communities and families embrace it. This legislation provides a strong template and takes into account the views of the 563 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Billy Kelleher.] UN, the WHO, the European Parliament, the European Commission and various human rights treaties and protocols we have signed, which call on us to criminalise female genital mutilation and ensure strong legislative powers are available. Our immigrant communities are often vulnerable and may not have the language or knowledge of available services and support. We do not want to stigmatise or discourage people who may have had this carried out on them from seeking medical help and assistance or going to a health facility or a local GP. All information and education should be in the context of understanding that there are victims of this barbaric practice in our communities. I thank the Minister for bringing the Bill to the floor of this House and congratulate those, including Senator Ivana Bacik who was mentioned and others, who have been supportive of this legislation being brought before the Houses of the Oireachtas and enacted as quickly as possible. We must ensure that this society sends out a strong message that this is an unacceptable practice that will not be allowed to be carried out in this country and that we will use whatever resources we have available in the context of prosecuting those who may aid and abet or carry out the practice in other jurisdictions also. For all those reasons I commend the Bill to the House.

Deputy Caoimhghín Ó Caoláin: Female genital mutilation is associated in most people’s minds with African countries. It is rightly seen as a reprehensible practice but also something more from the past than the present and very distant from Ireland. It will come as a surprise to many people, therefore, to learn that it is estimated that more than 3,000 women in Ireland are living with female genital mutilation. These are women who were subjected to FGM as children and are now living in this country, and some may have been subjected to FGM as children here. This Bill, therefore, is a welcome and essential measure. I have called on many occasions for this legislation to be introduced and I commend the Minister and the Government on bringing it forward. Female genital mutilation may already be punishable in this State under the Non-Fatal Offences Against the Person Act. I would like the Minister to address that when responding to Second Stage contributions. However, that law, the Non-Fatal Offences Against the Person Act, may not be sufficient to address every type of female genital mutilation procedure, nor does it have extra-territorial effect. Furthermore, there is a defence in that Act that the assault was “generally acceptable in the ordinary conduct of daily life” which could allow for a defence based on culture but certainly not the culture of this country. A defence of consent might also be possible under the Non-Fatal Offences Against the Person Act, even though “consent” in such cases is usually given in the context of significant family and peer pressure. Legislation specifically addressing those issues was needed to fill those gaps, and therefore I will be supporting the passage of the Bill now before us. Although female genital mutilation is a significant problem in many parts of the world, it is unknown how big a problem it is in Ireland. In 2008, the migrant women’s organisation AkiDwA estimated that there were 2,585 women resident in the State who had undergone the procedure at that time. It calculated this number based on the 2006 census figures 5o’clock for women from countries where female genital mutilation is commonly practised, and the estimated prevalence of FGM in those countries. Clearly, the exercise is not an exact science, and I wonder if the Minister has any more up to date information even arising from the more recent 2011 census. As of last year AkiDwA had revised the number upward to 3,170. AkiDwA stresses that these figures are likely to be an underestimate. Undoubtedly, there are thousands of women in Ireland who have undergone the procedure 564 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage and many of them are still suffering the consequences for their physical, psychological, repro- ductive and sexual health. This Bill alone cannot address their needs, but we hope that it will prevent girls and women resident in Ireland from falling victim to the practice. It will create penalties not only for carrying out an act of female genital mutilation but for bringing a girl or woman outside the State for that purpose. It may be difficult to enforce the extraterritorial aspect of the Bill but we have an obligation to have the law in place, as a deterrent and as a means of dealing with the cases that arise, and they do and they will. Most immigrants are law-abiding people who understand the need to respect the laws of their adopted country, but there will be those who will not. The Bill will also assist those who do not want their daughters to undergo female genital mutilation but who may be facing pressure from members of their family or from within their own community. A number of cases of that have been highlighted here in recent years. Whereas previously they may have only been able to say “I do not want this to be done” or “I object to my daughter or my younger sibling being subjected to this procedure”, they will now be able to say, on the passage of this legislation, “I cannot allow this to be done to her because it is illegal here in Ireland”. Make no mistake about it. They will be strengthened by the further point they can make that there is a term of imprisonment of up to 14 years consequent on the action, the association or being an accomplice to such a procedure being performed in this State. It must be made clear that the law will be enforced, which is not the case in many countries where female genital mutilation is technically illegal but goes on with no real interference from the authorities. Enforcement will be vital, and there must be a clear statement of intent in that regard. It is not enough to have the legislation on the Statute Book. There must be a clear intent on the part of the Minister and the Government, and that must be signalled to those whose responsibility it is to enforce the law of the land. It must be stressed that the law is only one part of the solution to the problem of female genital mutilation. Ultimately, what is needed is a cultural change to ensure that female genital mutilation is recognised as the human rights violation that it clearly is. There is a need for sensitivity in the way that is approached. Some of those who are trying to end the practice within their culture and respective communities have said that the language used by westerners, including us, in condemning it is unhelpful and may only strengthen the resolve of those who defend the practice. We must listen to what those people are saying. Some have argued against the use of the word “mutilation” for that reason and prefer the term “female genital cutting” instead. It is believed by many in those communities that the west, including Ireland, is motivated less by concern for the girls and the women than by a desire to “Europeanise” their culture. We must try to avoid giving that impression, as it impedes efforts to eradicate the practice. We must also recognise that some in our midst will become even more trenchant in their views and utilise our language as a reason to continue practices we find absolutely abhorrent. Female genital mutilation occurs in many cultures and for many reasons. It is essentially an attempt to suppress female sexuality. However, that is not always the conscious motivation. Many in the practising cultures, including women, believe women benefit from the practice. This belief must be challenged, but it must be challenged effectively, which requires understanding the role that female genital mutilation plays in a community’s social order. This is difficult for outsiders to achieve. It is now widely acknowledged that campaigns to end the practice must be led in the first instance from within the community that carries it out. We, as a country, must support organis- 565 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Caoimhghín Ó Caoláin.] ations, inside the State and abroad, that are based in communities where female genital mutilation is practised and which are working to eradicate it among themselves. It is important that we do not send out mixed messages by condemning female genital mutilation in one context and tolerating it in another. Our policies must be consistent, and this includes our asylum policy. Five years ago, the then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, stated female genital mutilation was a cultural practice and not a ground for asylum. Fortunately, the courts do not agree with him, at least on principle. In practice, however, the bar for proving there is a risk of FGM is set very high and asylum claims based on FGM are often refused. Nigerian applicants, in particular, are often told they can simply relocate to a part of their country where female genital mutilation is not practised. This may be easier said than done, particularly for very young women and girls. World Health Organisation figures suggest that approximately 20% of girls and women in Nigeria are still subject to female genital mutilation. If one in five young men were suffering from a debilitating injury to their sexual organs, would the risk be taken so lightly? I ask this question in all seriousness. We must also look at improving the way we address the health care needs of those who have undergone female genital mutilation. AkiDwa has produced a comprehensive information booklet and provided training and seminars for health care professionals, and these have been very well received. It is important that all general practitioners, nurses and other health and social care professionals be properly trained to provide appropriate care to women and girls affected by female genital mutilation. The Minister might address this in his concluding remarks. The failings in our health care system may have a particular impact on the affected women, especially those living under direct provision in the asylum system. They are reliant on the services available to medical card holders and are subject to long waiting lists if they need specialist care. Going private is not an option for someone dependent on an income of €19 per week. There is irrefutable evidence that the direct provision system exacerbates mental health problems, from which many of those who have undergone female genital mutilation will suffer. These are all issues that will need to be addressed if we are truly concerned about the human rights implications of female genital mutilation. Those campaigning against female genital mutilation speak of the need for an holistic approach to ending the practice. We, too, need to take an holistic approach. We need to prevent female genital mutilation occurring in this country, protect those who seek refuge here from it and support those working to eradicate the concept from the hearts and minds of their own people not only in Ireland, but globally. This Bill is an important step but it is but one step. There have been suggestions that the Government should address the budget deficit by cutting overseas aid. Some of that aid goes to organisations working to end female genital mutilation. We cannot have it both ways. It would be a tragic irony if a policy aimed at preventing female genital mutilation in Ireland were accompanied by a policy that only helped to sustain it abroad. That is the type of short- term, disjointed thinking that Fianna Fail turned into a trademark, as the Minister and I have often pointed out. I appeal to the current coalition not to repeat their mistakes, at least in this area.

Deputy Thomas Pringle: I wish to share my time with Deputy Catherine Murphy.

An Ceann Comhairle: Is that agreed? Agreed. 566 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Deputy Thomas Pringle: I welcome this Bill because female genital mutilation has no place in modern Irish society. While legislation is important in the drive to eliminate this practice, it is only one part of the necessary action. Legislative change should be accompanied by prevention, education and awareness-raising measures among communities where female genital mutilation is likely to be practised and among relevant service providers, such as medical personnel, gardaí, social workers and teachers. In 2006, the report on Ireland of the UN Committee on the Rights of the Child expressed concern that some immigrant communities in Ireland continued to practise FGM. While there are no known cases of FGM in Ireland, there is anecdotal evidence of girls being taken abroad for it to be carried out. The problem, in so far as it arises in Ireland, affects girls and women who are at risk of having female genital mutilation carried out on them, and those who live in Ireland who have already experienced it. The Children’s Rights Alliance identifies possible risks in regard to female genital mutilation in Ireland. It states girls may be at risk because they are born into families that practise female genital mutilation. The alliance cites two scen- arios: the procedure could take place in Ireland, or girls could be brought from Ireland to their parents’ country of origin to have it performed. Families from female genital mutilation- practising regions have reported serious pressure from overseas families to bring daughters back to those regions to have the procedure carried out. Some societies view female genital mutilation as a way of preserving and communicating a set of value systems upon which communities are organised. Rituals and symbols associated with FGM are designed to teach girls about their roles as mothers and wives within their society and to instil a sense of belonging within their culture. Criticisms of FGM can be interpreted as criticisms of an entire cultural identity. In many societies, women’s innate sexuality is perceived as a potential danger to social order. Women’s sexual behaviour is often interpreted as a reflection of the values and morals of the families to which they belong. Female genital mutilation is carried out to inhibit women’s and girls’ sexual desires as a way of preventing sexual behaviour which is considered deviant, securing virginity upon marriage and finally ensuring marital fidelity. Understanding the reasons families may continue to practice female genital mutilation is essential to developing sensitive and effective intervention strategies to support parents to abandon the practice because criticisms of female genital mutilation can be interpreted as criticisms of an entire cultural identity. Girls who have undergone the female genital mutilation procedure will require a range of supports, including medical and, in some cases, psychological, supports. Legal measures, culturally sensitive interventions and the development of a national capacity to stop the practice are vital steps towards ending it. The women’s health council called for the establishment of an intergovernmental working group to tackle the issue and to co-ordinate the response. It stated any strategy tackling an issue such as FGM must take the dual approach of legislating against the practice at a national and international level, and empowering and educating people at the local level so as to bring about the extinction of this practice. In an Irish context perhaps the most important task, after establishing an adequate legislative framework, is to ensure the practice does not become established among migrant ethnic communities. Those charged with service provision, in particular in the health system, must be equipped with the appropriate training and information to deal with FGM if and when they encounter it. How this can be achieved in the current economic climate and with the cuts in the HSE will be challenging for the Department but, along with the legislative framework, it is necessary. 567 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Thomas Pringle.]

The provision in the Bill for prosecutions in other jurisdictions is very important. It intro- duces an offence of the removal of a girl or a woman from the State for the purpose of FGM. It also clarifies that parental consent or ritual or customary reasons are not defences to charges under this Bill. Experience in other jurisdictions indicates it may be difficult to effectively implement the legislation against FGM taking place in foreign countries as prosecution rates are low. However, it is a very important provision because it states that we in Ireland as a society believe this practice should not continue. The Bill defines female genital mutilation for the first time in Irish law and recognises it as a distinct serious offence against girls and women. For this reason I welcome the Bill and I will support it. It is also important that the Department puts in place strategies on education and supports for women who have undergone FGM so any potential medical and psychological damage can be assessed and treated to make it easier for them to live with it. Education programmes should also be put in place for new immigrants to ensure they are aware our society does not support the practice of female genital mutilation.

Deputy Catherine Murphy: I thank the Government for bringing forward this legislation. Most people will be very supportive of it. I also thank Senator Ivana Bacik who has been raising this issue for a considerable time. This affects migrant women and young girls and it is good to see a specific offence being created. It is also very good to see it will be illegal to take a child abroad and return after the procedure has been carried out. It is appalling that the average age of the people affected is between four and 14 years. The Minister will hear much repetition because we will all reinforce the same points. The Oireachtas Library and Research Service has put together a very good document which many Members will use as well as their notes. It is extraordinary that it has taken until now to fulfil an international obligation. It is important that we are dealing with it so early in the term of the Government because we cannot be out of line with our European neighbours, including the United Kingdom. The international community generally condemns the practice and as the Minister stated, there are no health benefits whatsoever to the practice and it is very traumatic for the children. I welcome that as a country we are making a statement on this issue. I have a number of questions. I understand the HSE has put together an action plan or pilot scheme. Has any information been obtained from this? Work has been ongoing on this for the past number of years and it would be quite useful to know how we can be helpful. Deputy Ó Caoláin made the point that we should be sensitive to the type of language used so as not to reinforce a problem which is perceived to be a cultural difference between an African country and a European one. It would be useful to hear from people with direct experience of how we can be helpful in education or in using our role in the World Health Organisation or other such mechanisms to make a difference. It is one thing to introduce legislation but it is another to prevent something from taking place. Female genital mutilation mainly happens in countries outside of Ireland, if not exclusively outside of Ireland, so we will have a limited impact although it is important to make a statement in our own right. I believe an information pack has been put together and it is important that health care professionals are fully apprised so they can be helpful to people. I believe this is the first time protection will be provided to prevent someone being removed from the State. I have listened to much of what has been stated and I will not go over the same issues. I am very supportive of what has been stated and of the Bill.

Deputy Olivia Mitchell: I wish to share time with Deputies Nicky McFadden and Ann Phelan. 568 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

An Ceann Comhairle: Is that agreed? Agreed.

Deputy Olivia Mitchell: I welcome the Bill and I congratulate the Minister on giving it priority in what I know is a busy schedule of urgently required legislation. I am sure like many of my colleagues I never thought an Irish Parliament would have to confront an issue such as FGM but confront it we must because we are such a multicultural society, and have become one almost overnight. As an island country we are always in danger of becoming inbred and insular, both literally and figuratively, so we should welcome a new influx of people to our shores improving and diversifying our gene pool, as we welcomed to varying degrees waves of population which came to us in the past from the Danes on. Ultimately, they all intermingled with Irish society and their customs and practices were integrated into local customs. Culture clash is inevitable with a large influx of people into a population and issues will arise regarding integration and assimilation. I am sure many practices and beliefs of our new visitors seem strange to us as, I am sure, some of our practices seem inexplicable to them and probably defy any rational explanation. By and large, our experience of immigration has been positive. Our visitors have taken to Irish life, enriched our experience and have brought colour and diversity to our practices with their celebrations, songs and dances. However, we find to be anathema certain practices which some of our visitors have brought and we totally reject them and their validity, even when they are defended as cultural expression. Some cultural expressions are just plain wrong and the context, location or cultural background do not wash as an excuse. They are as wrong now as they were in the past. Slavery was wrong then and is wrong now; it does not matter whether it is part of one’s culture or not. Slavery, polygamy and FGM are wrong and must be seen as such. I appreciate we have been asked to be sensitive to a practice which some regard as an important social and cultural expression and Deputy Ó Caoláin mentioned this. However, to be frank if being sensitive to it in any way tries to mitigate its horror or to imply tolerance of FGM then I cannot be sensitive. Female genital mutilation is a completely unacceptable practice and I am pleased this is reflected in the legislation. We must be unequivocal in our rejection of a practice that is an affront to any semi-civilised society and every right-thinking person. It is an utterly barbaric practice visited on small, female children which does not have any health benefits. On the contrary, many children do not survive the mutilation and those who do suffer lifelong physical and psychological damage. The health consequences of FGM have been well documented and include pain, shock, haemorrhage, infection and sepsis in the immediate aftermath of the procedure. In the long term victims suffer chronic pain and disease and the practice has serious consequences for mothers at childbirth later. The mutilation is carried out in the most barbaric manner, often in appallingly unhygienic conditions. It is typically performed by older women in the community using razor blades, scissors and pieces of glass. In some countries where FGM is practised moves are afoot to try to improve the safety of the procedure by having it performed in a hospital or clinical setting. Irrespective of whether it is performed in a clinical or hygienic setting, female genital mutilation remains an egregious assault of the most brutal proportions perpetrated on a child. No self- respecting medic would have anything to do with the practice. After all, medics are dedicated to the precept that they must first do no harm. As such, performing such a procedure clearly runs contrary to that precept. That female genital mutilation is often performed by women who are related to the child victim is sometimes advanced as proof that the practice is somehow an accepted and socially 569 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Olivia Mitchell.] approved and culturally embedded practice. That is not the case. It should not come as a surprise that women in the male dominated societies where the practice is performed believe they must conform. They have little choice, having been themselves victims of female genital mutilation and given that their only hope of economic security is marriage, for which female genital mutilation is regarded as a prerequisite. It is a brutal device aimed at subjugating and controlling women by mutilating them at an early age. It is gender based violence dressed up as an expression of culture. While no one knows if FGM is taking place in Ireland, there is at least anecdotal evidence that Irish born children are being taken abroad to have the procedure performed. Although it is difficult to enforce legislation which prohibits removing children from the State for this purpose, I am pleased the Bill attempts to address this issue. It is vital that all those who are is in contact with people from countries where female genital mutilation is practised make clear that merciless enforcement measures will be taken against anybody involved in the removal of children for the purposes of female genital mutilation. I am concerned by the section which excludes women aged over 18 years from the measures of the Bill. I understand this has been done to ensure cosmetic surgery does not become a crime. In societies where men establish the mores and set the rules not only children but all women can be coerced into accepting or even volunteering for mutilation. I am concerned that this could be dressed up as voluntary participation in cosmetic surgery. Concerns have also been voiced about limiting the offence of removal from the State for the purposes of female genital mutilation to countries where the practice is illegal. I ask the Mini- ster to examine ways of making the relevant measures more comprehensive. I do not understand the reason the legality of female genital mutilation, or the lack thereof, should influence the efforts we our making. As other speakers have noted, legislation is only one of the changes required if we are to achieve the abandonment of the practice of female genital mutilation. However small the contribution of Ireland, we should seek to maximise all opportunities to bring pressure to bear. Notwithstanding that FGM is a control mechanism of one gender by and for its benefit, the practice has become so embedded in culture and belief systems that uncut women are shamed and alienated in their own eyes as well as in the eyes of society. While legislation alone will not change this position, it can change attitudes, albeit not quickly enough. What is required, as other Deputies noted, is a multi-pronged approach which goes beyond punitive measures. In their dealings abroad with communities which practise female genital mutilation all Ministers and our entire diplomatic corps must first press for prohibiting legislation and, subsequently, seek the enforcement of all such legislation. As has been noted, in some countries where the practice has been made illegal, evidence suggests the relevant law was passed for international consumption and legislators continue to baulk at enforcing it. No opportunity should be lost, either at diplomatic or European Union level or through the offices of Irish Aid, to reinforce the message that this gross violation of human rights is unacceptable. Irish and EU aid should be made conditional on a clear commitment from the relevant governments that they will do everything possible to stamp out the practice of female genital mutilation. The abandonment of the practice will only be brought about through education, especially of girls. Recent studies of aid effectiveness show that real and lasting improvements are achieved in underdeveloped countries when resources are devoted specifically to young girls. Girls are forced into accepting FGM primarily as a result of their economic depen- dence on men owing to a lack of alternatives or means of support other than marriage. Hence, they are vulnerable to any practice deemed necessary to make them attractive or even acceptable for marriage. Education is the key to female genital mutilation being abandoned in future. 570 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

For this reason, one of the core values of Irish Aid must be that it concentrates resources on young girls. Investment in their health and education helps them stay at school longer, avoid early and multiple pregnancies and female genital mutilation and ensures better outcome for them, their children and society. Most of all, it gives them a choice beyond self-mutilation or acceptance of mutilation for their future economic security.

Deputy Nicky McFadden: I welcome the opportunity to speak on this important legislation which will have a positive impact on the rights of women vulnerable to female genital mutilation. The Bill aims to better protect girls and women from female genital mutilation, defines acts of female genital mutilation, makes acts of female genital mutilation a specific criminal offence and allows for acts of female genital mutilation carried out in other jurisdictions to be prosecuted in Ireland in certain circumstances. It also makes it an offence to remove a girl or woman from the State for the purpose of carrying out an act of female genital mutilation. The publication of the Bill, which establishes FGM as a distinct offence, will enhance awareness of what the practice involves, where it takes place and what are its health effects. Female genital mutilation is defined by the World Health Organisation as the partial or total removal of the external female genitalia or any practice which purposely alters or injures the female genital organs for non-medical reasons. It is a violent act perpetrated against women and does not have any health benefits. According to the World Heath Organisation, between 100 million and 140 million girls and women worldwide have undergone female genital mutilation. The practice is most commonly carried out on girls between the ages of four and ten years. While it has been reported to occur in all parts of the world, it is most prevalent in western, eastern and north-eastern regions of Africa, some countries in Asia and the Middle East. It also occurs among certain immigrant communities in North America, Australia and Europe. It is important to note, however, that FGM is a cultural rather than religious tradition. The association of the practice with Islam has been refuted by many Muslim scholars and theologians and it is not practised in many countries with predominantly Muslim populations, such as Saudi Arabia. While people may be rightfully outraged by FGM, anger must not be misdirected towards one religious group or organisation. Female genital mutilation is carried out for a number of reasons, none of which is concerned with medical issues. The reasons depend on the ethnicity of the child and where she lives. The decision to carry out FGM is usually taken by members of the family and extended family. One of the reasons given for the practice is that a woman’s sexuality is perceived as a potential danger to the society in which she lives. This idea is dangerous, anti-woman and has no place in civilised society. Some cultures believe it is inappropriate for a man to marry a woman who has not undergone FGM. A woman’s purity and ability to carry out her role as wife and mother is somehow dictated by having had FGM carried out. Other reasons given for the practice include tradition, religion and aesthetics. I welcome this Bill and its publication by the Department of Health. It is very important in that it better protects the rights of girls and women in Ireland from the violent, unnecessary and abhorrent practice of female genital mutilation. Female genital mutilation is a gross violation of the rights of the child and of the rights of the woman. In Ireland, girls and women are at risk of having FGM carried out on them and many have already experienced FGM. Girls tend to be at risk if they are born into families that practise FGM. The procedure could take place in Ireland but some girls may be brought from Ireland to their parents’ countries of origin to have FGM performed. 571 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Nicky McFadden.]

According to the migrant women’s health project AkiDwA, 2,565 women in Ireland between the ages of 15 and 24 have undergone FGM. These women come from countries such as Nig- eria, Somalia, Northern Sudan, Egypt and Kenya. Female genital mutilation is a medically unnecessary and irreversible procedure that injures the health of millions of girls and women worldwide. There are serious implications on physical health, sexual and psychosexual health and mental and emotional health. In 2008 Ireland’s national plan of action to address FGM was launched by a steering committee comprising of governmental and non-governmental organisations. I thank and commend this group for the work they have done in ensuring the publication of this Bill. The national steering committee included AkiDwA, Amnesty International Ireland, Barnardos, Cairde, the Children’s Rights Alliance, Christian Aid, Comhlámh, the HSE, Integrating Ireland, Inte- gration of African Children in Ireland, Irish Aid, the Irish Family Planning Association, the National Women’s Council of Ireland, the Refugee Information Service, the Somali Com- munity in Ireland, the Somali Community Youth Group and UNICEF. I also acknowledge the work undertaken by the Department of Health and the Minister. Under current criminal law, it is possible to prosecute someone for carrying out an act of FGM in Ireland. This could be under the Non-Fatal Offences Against the Person Act 1997 or the Criminal Justice Act 2000. This new Bill has been advocated, as current legislation does not have extraterritorial effect and does not make it an offence to remove someone from the State to carry out FGM in another state. An act of FGM is not defined in Irish law and concerns have been raised about whether it is possible to use a defence of culture or of parental consent to an act of FGM. The Bill makes FGM a distinct separate offence rather than an assault under current legislation. FGM is recognised as a specific serious crime against girls and women. It is an offence under this Bill to carry out an act of FGM in Ireland and also for an Irish person or someone who is ordinarily resident here to carry out an act of FGM abroad. Extraterritoriality is introduced in section 4. This means that acts of FGM or attempts to carry out acts of FGM in another jurisdiction will be treated as if they were carried out in Ireland. My main concern with this Bill is the provision that FGM must be an offence in the country in which it is carried out in order for it to be prosecuted. This provision is in contrast to UK legislation which does not limit the extraterritorial effect to countries where FGM is illegal. I strongly support the argument of the Children’s Rights Alliance that along with these legislative changes there should also be education, prevention and awareness-raising measures among communities where FGM may be practised. This can be done through medical personnel, gardaí, social workers and teachers. Support services should be available for girls who have suffered FGM. This may be in the form of medical and psychological support. Cultural sensitivity and understanding is vital. Criticism of FGM practices should not turn into criticism of an entire cultural identity or group. I take this opportunity to ask the Minister for Children and Youth Affairs to include a reference to FGM in the Children First National Guidelines for Protection and Welfare of Children so child protection rules can be affirmed. I also suggest that we give due consideration to the methods undertaken in France to convict those who carry out FGM. France has the highest conviction rate in Europe and their process should be examined. The Bill does not limit the definition of FGM to the most invasive forms of FGM performed and would include all the actions identified in the World Health Organisation classification. 572 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Female genital mutilation violates health rights, security rights and the physical integrity of a child or woman and flies directly in the face of basic human rights. We need to speak out on behalf of vulnerable young women who are unable to stand up for or speak for themselves. This Bill brings the opportunity to improve the lives of women. I commend the Minister.

Deputy Seán Kenny: With the permission of the House, I will share time with Deputies Anne Ferris and Joe Costello. The Criminal Justice (Female Genital Mutilation) Bill 2011 is most welcome. Legislation banning female genital mutilation is long overdue in Ireland. In Britain, FGM legislation was passed in 1985. I must say that Ireland has been very slow in catching up. Senator Ivana Bacik introduced legislation on behalf of the Labour Party to the Seanad on the issue in April 2010. That legislation had support from all the political parties and Senator Bacik is to be commended for pursuing the issue. The Government has now adopted the Bill so that, at last, Ireland will have specific legislation prohibiting female genital mutilation. International research shows the enormous dangers to the health of women and girls represented by the barbaric practice of female genital mutilation. The NGO AkiDwA estimates that over 3,000 women living in Ireland have undergone FGM, so it is very clear this is a pressing issue, particularly for migrant women and girls and their families. Female genital mutilation is recognised internationally as a violation of the human rights of girls and women. It reflects deep-rooted inequality between the sexes and constitutes an extreme form of discrimination against women. It is nearly always carried out on minors and is a violation of the rights of children. The practice also violates a person’s rights to health, security and physical integrity, the right to be free from torture and cruel, inhuman or degrading treatment and the right to life, when the procedure results in death. The WHO says that between 100 million and 140 million girls and women worldwide are living with the consequences of FGM. In Africa, about 92 million girls aged ten years and above are estimated to have undergone FGM. In 1997, the World Health Organisation issued a joint statement with the United Nations Children’s Fund, UNICEF, and the United Nations Population Fund, UNFPA, against the practice of FGM. A new statement, with wider UN support, was then issued in February 2008 to support increased advocacy for the abandonment of FGM. The 2008 statement documents new evidence collected over the past decade about the practice. It highlights the increased recognition of the human rights and legal dimensions of the problem and provides current data on the frequency and scope of FGM. It also summarises research about why FGM continues, how to stop it and its damaging effects on the health of women, girls and newborn babies. In February 2010, a study by Pharos, a Dutch group that gathers information on health care for refugees and migrants, found that many women who have undergone FGM in Holland suffer psychiatric problems. This was the first study into the psychiatric and social complaints associated with this practice. In the study, 66 Dutch African women, who had been subjected to the practice, were found to be “stressed, anxious and aggressive”. It also found that they were more likely to have relationship problems or, in some cases, had fears of establishing a relationship. Given all of this, I am delighted that Ireland will have legislation specifically prohibiting the practice here and ensuring that anyone resident in Ireland who takes a girl abroad to have FGM performed there will be subject to prosecution in Ireland. This practice is damaging to women and its prohibition is the correct step forward. 573 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Deputy Anne Ferris: I welcome the Bill. It is important not only because of the legislative provisions that will make FGM a criminal offence, but also because of the message it sends out that Ireland will not tolerate a violation of a woman or girl in this manner. The legislation was first mooted several years ago and Senator Ivana Bacik has pursued it with great commitment and energy. I commend her on her work. Before discussing the Bill’s provisions, it is important to note exactly how widespread is the practice of female genital mutilation. The WHO believes that between 100 million and 140 million girls and women are affected by some form of FGM. The reasons this practice is prevalent are manifold. They include issues relating to religious practices, tradition, sexuality, mar- riageability, economics and aesthetic reasons. None of these issues can justify allowing it to continue and the risk of it happening to females from Ireland is addressed by the legislation. We need to be careful with our language in discussing this issue. It is worth bearing in mind that because so many people are affected by this practice, a note of caution ought to be sounded on the use of overly emotive words, for fear of hurting further those who have undergone the process. The Bill’s provisions are comprehensive. It addresses a number of key areas, not least of which is the creation of a distinct separate offence of FGM, the definition of which is broadly defined. The extra-territoriality of the legislation makes it an offence to carry out or attempt to carry out acts of FGM in other countries, subject to conditions. Concerns about the relevant section have been expressed by some people and interested groups. In seeking to clarify this, I contacted officials in the Department of Health who were amenable to answering my queries and I commend them on the extensive work they carried out on this Bill. Individuals and groups sought to broaden the effect of this legislation. They wanted the replacement of the dual criminal requirement in the Bill with one of a crime of universal jurisdiction. Dual criminality requires that an act of FGM must constitute an offence in the place where it is done in order for the perpetrator to be guilty of an offence. Only in exceptional cases are extra-territorial offences in criminal law provided for without a dual criminality requirement. Under Article 29.8 of the Constitution, the State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law. Where FGM is carried out privately, it is not an international crime. However, the general principles of international law are evolving all the time and, as a result, FGM may become an offence where universal jurisdiction could arise under jus cogens principles. This matter was referred to the previous Attorney General and it has also been submitted to the current Attorney General. The advice received on both occasions deems that the requirement of dual criminality be present. Section 3 details the offences that would be committed if a girl or woman was removed from the State. In view of this I call for greater development in this area in international law in order that universal jurisdiction in making this an offence could be contemplated in the near future. With that in mind, l have tabled a parliamentary question to the Tánaiste and Minister for Foreign Affairs and Trade asking at what stage the State is in ratifying the Council of Europe’s convention on preventing and combating violence against women and domestic violence. The convention, which was only opened for signature on 11 May, still requires eight member states to ratify it before it may enter into force. Currently, 14 states that have signed up but none of them has ratified it yet. My understanding is that Ireland will sign and ratify this important convention. For this to occur, though, the convention, which covers a wide number of areas, must be examined to ascertain whether any of them contravenes Irish law. This treaty does explicitly state that the practice of FGM is condemned and I am advised that it provides that there should not be a dual criminality requirement. 574 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

However, this legislation is comprehensive in its outlook and I am, therefore, more than happy that it has been introduced. I hope that it will be enacted fully this year. We cannot allow the damaging health effects of this practice to continue. It is medically unnecessary and an irreversible procedure.

Deputy Joe Costello: I wholeheartedly welcome the Bill. It is ten years since my former party colleague, Liz McManus, introduced a Private Member’s FGM Bill in the House. Unfortu- nately, the Government of the day refused to accept it. Subsequently, similar legislation was introduced by Senator Ivana Bacik in the Upper House but that was also declined. Numerous requests were made of recent Governments but, in the dying days of the previous Dáil, the then Government finally produced the legislation on 18 January 2011 when it was obvious there was not a hope in hell of getting the legislation through the House. This was a cynical exercise in politics and it militated against the protection of girls and women living in Ireland from mutilation of their bodies and serious injury to their health. For an entire decade, these vulnerable young people were without the protection of domestic law by irresponsible and uncaring Governments, despite numerous requests from all sides of the House to introduce the necessary legislation. Thankfully, the Government, in the first few months of its existence, introduced the Bill in the Seanad where it was passed and, hopefully, we will finally pass it in this House before the summer recess. The practice of FGM, as previous speakers said, is widespread. More than 3,000 women living in Ireland have undergone FGM while more than 500,000 women and girls living in Europe and in excess of 100 million women and girls in countries all over the world have also undergone FGM. It is a serious worldwide problem. It is a horrific, brutal attack on the bodily integrity and the human rights of women, which cannot be justified on religious or moral grounds because it is wrong, dangerous and inhumane. Last autumn when the United Youth of Ireland was organising its annual conference, Sheikh Shaheed, the Muslim president of Ireland, stated that FGM had no place in any religion and, particularly, in Islam, and that parents must be responsible for their daughters’ bodily integrity. In particular, I congratulate a young Somali woman, Ifrah Ahmed, who suffered FGM in her country, and who is with us today in the Visitors Gallery. She has led the campaign to eradicate the practice in this country once and for all. She has campaigned courageously despite hostility and opposition from many people in her community. She is responsible for the 6o’clock introduction of the legislation, which will criminalise the practice of female genital mutilation in this country. She must be acknowledged for that. I also acknowledge the good work that has been done by other organisations, particularly Amnesty International. Many of the organisations have been mentioned already which have campaigned strongly for some time against FGM. It is important that FGM is criminalised and carries a substantial penalty — a maximum of 14 years imprisonment. Rightly, the consent of the girl or woman herself or her parents or guardians or the assertion that FGM is a custom or ritual cannot be permitted as a defence by anyone. Equally, it is important that a woman or girl may not be taken from the State for the purpose of performing FGM on her. Once the Bill is enacted, aiding, abetting, counselling, attempting or procuring the commission of FGM are automatically crimes under existing Irish law. Now that the legislation is in place the next step is to ensure adequate, widespread awareness of it and the fact that the State roundly condemns, forbids and criminalises FGM as a practice. That must be done among the immigrant and migrant population in this country. There is a need to enforce the law. There is not much sense in law being on the books if it is not strongly enforced. That will be the responsibility of the police authority. 575 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Joe Costello.]

I referred to the event I attended early this year, the fashion show, dance and conference. It was an amazing event in the Gresham Hotel at which Dr. Shaheed spoke. I spoke at the conference and on that occasion I stated that next week’s event would be a celebration of the passage of the legislation. That will now be the case.

Deputy Dominic Hannigan: I am grateful to Deputy Costello and my other colleagues for sharing their time with me. I am pleased the Minister, Deputy Reilly, is present for this important debate. I welcome the opportunity to contribute on the Bill. I spoke on it in the other House in April when the Labour Party introduced a Private Members’ Bill on the issue. The Bill is based largely on the work that was done in the Seanad in the past session. I pay tribute to my former colleague in the Seanad, Senator Ivana Bacik, on her determination to ensure this practice is made illegal in this country. Female genital mutilation is an appalling abuse of the human body. According to figures from Amnesty International approximately 3,000 women and young girls in this country have had this abuse performed on them. It is a practice that they neither sought nor asked for. It is carried out on them by their elders who are making a life-altering decision on their behalf. I refer not only to the physical dangers but also to the lifelong psychological distress. It is important that we pass a law banning FGM in Ireland but it is also crucial that we support campaigns in countries where this practice is still widely carried out. I visited Tanzania a couple of years ago as a member of the overseas development committee where I saw at first hand how the Irish Aid programme is working to eradicate the practice. We help train ex- practitioners to educate people on the dangers of the practice and try to convince people to move away from it. While there, I spoke with the Prime Minister of Tanzania, Mr. Pinda, and tried to impress upon him the need to ensure that politicians lead from the front in this respect in countries such as Tanzania. I also stressed to him the importance of community and political leaders openly condemning the practice and calling for it to be stopped. This political commitment has been happening across Europe and Africa but more pressure is required. In 2005 the African Union passed the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa in 2005. Article 5 of the protocol bans FGM but to date only 28 of the 53 countries in the African Union have ratified it. I urge both the Tánaiste and Minister for Foreign Affairs and Trade, the Minister of State with responsibility for trade and development and the Minister for Health to ensure that we put pressure on the remaining countries to ratify the protocol as soon as possible. I note from the Report Stage debate in the Seanad the concern over the dual criminality clause. Section 4(1)(c) provides that a person is guilty of an offence but only if it is done or attempted to be done, “by a person who is a citizen of Ireland or is ordinarily resident in the State, and would constitute an offence in the place in which it is done.” In practice, this means that for a person to be convicted in this country of having performed FGM on a young girl then it must also be a crime in the country where the abuse first happened. That is not the position with the UK legislation, under which the person can be prosecuted if the procedure is carried out in a country where it is not illegal. I invite the Minister to address this when he concludes this debate. In the other House he said that an amendment would be introduced to the Bill in the Dáil so that we can prosecute people in this country who are involved in this atrocious practice, regardless of the law in their own countries. I hope the change can be incorporated in the Bill. I welcome the Bill. I congratulate the Minister, his staff and outside agencies which have been involved in ensuring the Bill reached the floor of the House. 576 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

Deputy Marcella Corcoran Kennedy: I wish to share my time with Deputy Ann Phelan.

Acting Chairman (Deputy Robert Troy): Will each Deputy have ten minutes?

Deputy Marcella Corcoran Kennedy: I will speak for five minutes.

Deputy Ann Phelan: I will speak for five minutes also.

Acting Chairman (Deputy Robert Troy): Is that agreed? Agreed.

Deputy Marcella Corcoran Kennedy: I welcome the legislation and congratulate the Minister on bringing it forward as a priority. Female genital mutilation or female genital cutting is carried out for non-medical reasons on children and women worldwide from infancy onwards. Amnesty International estimates that 2 million girls across the world undergo this procedure annually with 135 million women worldwide having had some form of genital cutting carried out on them. The lack of consent of the girls, children and even babies, the concerns about the safety of the procedure and its long-term consequences is of great concern to many countries. The World Health Organisation has made 6 February International Day of Zero Tolerance to FGM in an attempt to end the practice. The many reasons given for its use are cultural, religious and social factors within families and communities. Even if mothers or grandmothers oppose the practice they are under pressure from their local community, religion and some medical practitioners to conform as they could become social outcasts otherwise. It is critical that we in this country oppose FGM, a brutal act from the perspective of both health and human rights. The negative physical and mental outcomes have been well documented and referred to already in the debate so I will not go into the deeply upsetting effects again. It is a violence against women and children, it is a form of torture and it violates bodily integrity. I welcome the Bill in its aims to provide protection for girls and women by making it an offence to remove a girl or woman from the State to carry out FGM. Making FGM a distinct offence and enabling prosecution for carrying out or enabling FGM in other jurisdictions is a welcome facet of the Bill. We must protect women at risk of FGM. AkiDwA has suggested that more than 2, 500 people in this country have already undergone FGM. One is one too many. It is deplorable to think that this act could have taken place on Irish citizens. I commend the advocates to date who have pursued the introduction of the law which will protect vulnerable women and children from this brutal crime which highlights inequality between the sexes and discriminates against women. I commend the Minister and his staff on the introduction of the Bill, which I sin- cerely welcome.

Deputy Ann Phelan: I commend the Minister for Health on bringing this important legislation before the house to prohibit the practice of female genital mutilation on women and girls of migrant families in this country. This Bill gives us an opportunity to highlight women’s rights and health as well as children’s rights, both of which are transgressed by FGM. As a woman, I am delighted that this legislation has been introduced in line with 12 other industrial- ised and developed countries which have enacted criminal legislation preventing this practice. The Bill sends out the message that we as a country will not accept any violation of women or children. Deputy Costello has outlined to Deputies how difficult it was to try to get the Bill to this stage in the House. The Bill criminalises the procedure of FGM, so that anyone removing a child or women from this State for the purpose of performing such a practice will be prosecuted. It is hard to 577 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage

[Deputy Ann Phelan.] believe that many women and girls are transported to their countries of birth to endure a barbaric procedure reminiscent of practices in the Dark Ages. The fact that this procedure is performed on young girls barely out of infancy, with the most common age being between four and ten years old, is appalling. FGM is sometimes performed on infants less than a year old. This is a fundamental violation of their human rights and a form of discrimination against women, which contributes to the repression of women in general. It is a manifestation of gender-based human rights violation which aims to control women’s sexuality and autonomy over their own bodies. Female genital mutilation is a primitive practice imposed upon women and girls which has no known health benefits but does have adverse effects of a physical and psychological nature, including the effects of mental torture, which can affect development throughout the course of a person’s life. One of the most shocking outcomes of FGM is that it significantly increases the victim’s risk of contracting HIV. The origin of this practise is largely undocumented and seems to be based more on culture and tradition than on religion. In some of the countries where FGM is performed, there is a spurious belief that it is a religious requirement, even though no religious scripts prescribe the practise. To us, who are fortunate to live in a democratic developed society, this seems archaic. More than 135 million women and girls have experienced some form of FGM, including approximately 2,500 women in Ireland alone. The World Health Organisation estimates that over 3 million people in Africa alone are at risk of FGM annually. While we respect other cultures, this does not mean we should ignore practices that are harmful and that abuse the most basic human rights, including the right of women not to be discriminated against because of their gender and, in particular, the right of children to enjoy their childhood and to the enjoyment of the highest attainable standard of health, as laid down in Article 24 of the United Nations Convention on the Rights of the Child. One omission in this Bill is a provision to deal with asylum law in this country. This should take into account the risk of mutilation should an asylum seeker or her female children be returned to their country of origin, for example to parts of the Horn of Africa, where the risk of FGM is 90%. Female genital mutilation is not a surgical operation but a barbaric practice inflicted upon women and girls against their will. Since the 1990s, Canada and Sweden have granted families asylum on the grounds that their female members were at risk of FGM should they be returned to their country of origin. I recognise that this goes beyond the scope of the Bill but perhaps the Minister could consider these concerns. We need to send a strong message that the practice of FGM is wholly unacceptable. We cannot leave the matter to be decided by personal preference, culture or custom. FGM is harmful, and the Bill is just a starting point. There is much more to be done to educate communities and provide women with the support they need to oppose this primitive practice openly. Health care professionals in this country must be provided with the skills and support to deal with FGM cases. I am pleased the Bill has received such cross-party support since its introduction by my colleague Senator Ivana Bacik a number of weeks ago. I thank her for her persistence in bringing this legislation to the House.

Minister for Health (Deputy James Reilly): I thank the Deputies for their contributions and note that there is broad support overall for the Bill. As indicated earlier, the main purpose of the Bill is to prohibit FGM along with providing for related offences, some of which apply to certain extra-territorial jurisdictions. Having a specific Bill prohibiting this practice will bring legal clarity and certainty to the issue and, I 578 Criminal Justice (Female Genital 13 July 2011. Mutilation) Bill [Seanad]: Second Stage hope, act as a powerful deterrent for practising communities. Equally, it sends a loud message that although FGM is already illegal in this country, we take it extremely seriously and do not intend to tolerate it in any form, whether it is carried out here or on our citizens or residents outside this country. In drafting the Bill, my officials have been able to learn from international experience in this field and call upon experts to ensure the proposals are evidence-based and in line with best practice. Indeed, as I have said on many occasions, the hallmark of our health policy is that it will be evidence-based. Deputy Ó Caoláin stated that FGM was likely to already constitute a crime under the Non- Fatal Offences Against the Person Act 1997. However, this Bill brings indisputable clarity to the issue. I agree with the Deputies that sensitivity and appropriate language must be used in dealing with this issue. For the purpose of the legislation we decided to adopt the language used by the WHO as being the most appropriate for this purpose. With regard to the number of women living in Ireland who have undergone FGM, the number quoted in the AkiDwA study of 3,183 is the most up-to-date available. However, enhancement of data collection and application is a key pillar of the HSE national inter-cultural health strategy, and efforts regarding the roll-out of ethnic identifiers into core data sets are ongoing in pilot projects in the Rotunda Hospital and Temple Street Children’s University Hospital. They provide encouraging figures on the progress being made in collecting this information. Some of the Deputies raised the issue of dual criminality and the fact that in the UK a person can be prosecuted for carrying out female genital mutilation on children removed from the State, whether the practice is legal or illegal in the country in question. Our difficulty in this regard is that we have a Constitution. The issue of permanent bodily harm is a complex one that posed some challenges. While the Government was clear that FGM in all its forms must be criminalised, it was not our intention to criminalise certain forms of genital piercing and cosmetic surgery for aesthetic purposes. In our deliberations we were conscious that the rights of all women living in Ireland had to be balanced and therefore the Government decided to use the broad WHO definition of what constitutes FGM, which includes type IV FGM. This category subsumes all other practices not included in types I, II and III and usually refers to pricking, piercing, incising, scraping or cauterisation. This decision was made to ensure that all forms of FGM are covered by the Bill. An exemption was added to protect freedom of choice with regard to cosmetic and other procedures that do not violate women’s human rights. This approach was chosen following extensive consultation with the Office of the Attorney General and the Office of the Director of Public Prosecutions. Under this exemption, no offence is committed if an act of FGM is committed against a woman of 18 years or over where no permanent bodily harm is done. That is a key point. The term “harm” is defined in jurisprudence as an interference with the health or comfort of an individual. However, if no consent was given for this act it would still constitute assault and be covered by the Non-Fatal Offences Against the Person Act 1997. This issue has also been considered in some detail by my officials and by the Attorney General’s office. Following a further review and additional advice sought from the Attorney General, the current provision of dual criminality stands. However, Ireland is involved in a draft Council of Europe convention on preventing and combating violence against women. Under the terms of this convention, the practice of FGM is condemned and it provides there should not be a dual criminality requirement. The removal of dual criminality from FGM legislation could be re-visited if the convention is ratified. 579 Revised Estimates for Public Services 13 July 2011. 2011: Messages from Select Committees

[Deputy James Reilly.]

Many countries in which FGM is commonly practised have criminalised it. However, enforcement is lacking for a variety of reasons including the force of tradition and lack of resources. As of 2009, a total of 20 African countries enacted laws criminalising FGM. The reason why the UK’s Female Genital Mutilation Act 2003 does not include a dual criminality requirement is that its government is not bound by the requirements of a constitution that demands it. This Bill, however, does provide offences that relate to removing a girl or woman from the State for the purposes of doing FGM to her and this section mitigates the need for the dual criminality requirement. The Health Service Executive is awaiting the enactment of the Bill to progress with the printing of information leaflets on FGM. Moreover, the HSE has engaged in significant steps to raise awareness and train health and social care professionals in this area by progressing the health related objectives of the national action plan against female genital mutilation over the past several years. I thank Deputies for their contributions on Second Stage. If Members feel their issues were not addressed comprehensively, we can revisit them on Committee Stage. I thank Members for their co-operation and broad support for this important initiative for protecting the well- being of women.

Question put and agreed to.

Criminal Justice (Female Genital Mutilation) Bill 2011 [Seanad]: Referral to Select Committee Minister for Health (Deputy James Reilly): I move:

That the Bill be referred to the Select Sub-Committee on Health in accordance with Stand- ing Order 122(1) and paragraph 1(a)(i) of the Orders of Reference of that sub-committee.

Question put and agreed to.

Message from Select Sub-Committee Acting Chairman (Deputy Robert Troy): The Select Sub-Committee on the Environment, Community and Local Government has completed its consideration of the Electoral (Amendment) Bill 2011 and the Environment (Miscellaneous Provisions) Bill 2011 and has made amendments thereto.

Revised Estimates for Public Services 2011: Messages from Select Sub-Committees Acting Chairman (Deputy Robert Troy): The Select Sub-Committee on Jobs, Enterprise and Innovation has completed its consideration of Vote 34 for the year ending 31 December 2011; the Select Sub-Committee on Finance has completed its consideration of Votes 5, 6, 8, 9 and 10 for the year ending on 31 December 2011; the Select Sub-Committee on the Department of the Taoiseach has completed its consideration of Votes 2, 3, 13 and 14 for the year ending on 31 December 2011; the Select Sub-Committee on Public Expenditure has completed its consideration of Votes 1, 7, 11, 12, 15, 16, 17, 18 and 42 for the year ending on 31 December 2011; the Select Sub-Committee on Agriculture, Food and Marine has completed its consideration of Vote 31 for the year ending on 31 December 2011; the Select Sub-Committee on

580 Special Educational 13 July 2011. Needs: Motion (Resumed)

Communications, Energy and Natural Resources has completed its consideration of Vote 30 for the year ending on 31 December 2011.

Sitting suspended at 6.25 p.m. and resumed at 7 p.m.

Private Members’ Business

Special Educational Needs: Motion (Resumed)

The following motion was moved by Deputy Catherine Murphy on Tuesday, 12 July 2011:

That Dáil Éireann:

acknowledges that:

— every child has the right to equal opportunity through education as enshrined in Article 28.1 of the UN Convention on the Rights of the Child;

— the State has promised to “assist children with Special Educational Needs to leave school with the skills necessary to participate ... in an inclusive way in the social and economic activities of society and to live independent and fulfilled lives” through the Education for Persons with Special Educational Needs (EPSEN) Act 2004;

— the State has failed to fulfil a number of its obligations under the EPSEN Act 2004 as key sections remain unimplemented;

— Special Needs Assistants (SNAs) must be allocated on the basis of need, must not be subject to arbitrary recruitment limits that curtail their ability to support the most vulnerable members of Irish society and must be recognised for the vital role they play in the Irish educational system; and

— the recent cap placed on SNA numbers and the 10% cut to resource hours for schools is a disgraceful, mean-spirited, short-sighted false economy that will be detrimental to the lives of children with special educational needs, their classmates, their teachers, their families, the SNAs themselves and to Irish society as a whole;

recognises that:

— SNAs are fundamental in the development of increased long-term independence for children with special educational needs;

— the role of the SNA has, in practice, evolved from a purely support function to incorpor- ate an educational remit that must now be acknowledged;

— teachers cannot, in the absence of SNAs, provide the dedicated care that students with special educational needs require in addition to catering to the needs of the entire class; and

— there is currently no alternative in the Irish schools system that would eliminate the need for SNAs to deliver pedagogical support to students with special educational needs; and, 581 Special Educational 13 July 2011. Needs: Motion (Resumed)

in recognition that the need for special educational supports is increasing in line with population growth as highlighted in the Preliminary Census Report released in June 2011, calls on the Government to:

— develop a centrally-led strategic and expert approach to educational support provision that takes cognisance of the experiences of users, parents, teachers, SNAs and other resource providers in addition to top-level educational experts;

— include parents as educational partners, in any correspondence between schools and the National Council for Special Education (NCSE) with regards to their child and decisions made in relation to the allocation of supports, to ensure transparency within the system;

— introduce an Independent Appeals Process which would allow parents to apply directly to the NCSE for learning supports as per the EPSEN Act 2004;

— amend the EPSEN Act 2004 to establish a framework of rights and needs-based provision thereby eliminating the need for parents to vindicate the rights of their children through court action;

— establish a system of accreditation that would allow SNAs to train and qualify as Learn- ing Support Assistants in recognition of the complex role they play;

— end its plans to introduce financial charges for pupils availing of the School Transport Scheme and to maintain existing school transport services;

— reverse cuts to learning supports, specifically the 10% cut in resource hours for schools, the planned withdrawal of resource teachers for travellers, language support teachers, rural co-ordinator teaching posts for Delivering Equality of Opportunity in Schools (DEIS) schools and the visiting teacher service for travellers; and

— immediately abandon the cap on the number of National Educational Psychological Service (NEPS) psychologists and SNAs.

Debate resumed on amendment No. 2:

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

“— commends the Government for continuing to prioritise the allocation of resources to support the education of pupils with special educational needs;

— notes that the Government is continuing to fill special needs assistant posts and resource and learning support teacher posts at a time when a moratorium on filling posts applies in the wider public sector;

— notes the level of expenditure on additional dedicated resources for special education of some €1.3 billion which is almost 15% of total education expenditure;

— notes that provision has been made for the coming school year for 10,575 Special Needs Assistants (SNAs) which is more than were in place in 2010 and in preceding years;

— notes that the number of resource teachers for special needs children in mainstream schools is at an all time high of 9,950; 582 Special Educational 13 July 2011. Needs: Motion (Resumed)

— notes that the cap on Special Needs Assistants was introduced by the previous Govern- ment when Ireland entered the Programme of Financial Support with the EU and IMF;

— notes the recent review of the special needs assistant scheme and in particular the findings that the scheme has assisted as many students as possible to be included in mainstream schools, that it is contrary to best practice for SNAs to adopt a pedagogical role and that there is a need to clarify the ‘care’ nature of the SNA role for parents, schools and professionals alike;

— notes that school transport for children with special educational needs continues to be prioritised and that no charges have been introduced for these pupils; and

— recognises that special education will continue to be a priority for the Government and that the considerable provision of resources for special education must be deployed in the most equitable and effective manner possible.”

— (Minister of State at the Department of Education and Skills, Deputy Seán Sherlock)

Deputy Caoimhghín Ó Caoláin: I fully support the Technical Group’s motion, which is com- pelling in its call on the Fine Gael-Labour Government to reverse the cuts to services for pupils with special needs. This is a heartless and cruel cut which is being applied across the education system. In its amendment to the motion, the Government notes that “the cap on Special Needs Assistants was introduced by the previous Government when Ireland entered the Programme of Financial Support with the EU and IMF”. Those are words of shame. The support given to children with special needs to avail of their right to education is to be capped. So much for equality. What will happen next? Will a cap be placed on the number of school places in order to accommodate our growing population?

Deputy Jerry Buttimer: Deputy Ó Caoláin——

Deputy Caoimhghín Ó Caoláin: That would be regarded as truly outrageous. However, Deputy Buttimer should note that because children with special needs are in a minority, the IMF, the EU and the Government feel they can get away with placing a cap on the right of such children to a proper education. The Deputy’s daily contributions in this House amount to him sniggering and launching snide comments across the Chamber. It is absolutely inappropriate for him to attempt to make such comments in respect of this extremely serious matter. We acknowledge that there has been an increase in supports for pupils with special needs in recent years. However, this was from a base of zero. The current cuts send out the message that this is a dispensable service and that in the future parents and children can expect a reduced service — if one is provided at all — on which they will not be able to depend. I commend the schools, parents and umbrella groups throughout the country that have been campaigning in respect of this issue. The Special Needs Parents Association has stated that “This is a crisis for parents of children with behavioural difficulties due to ADD, ADHD, ASD, ODD and many other conditions that lead to behavioural difficulties and it will affect not only them but the entire school population”. As the motion indicates, the recently introduced cap on the number of special needs assistants represents a false economy. Denied the supports they require at a young age, children will require greater and more costly supports in later years. Such supports will be costly, above all, to their families, other carers and the State. There cannot be a Deputy — irrespective of whether he or she is on the Government or the Opposition benches — who has not been lobbied by a long list of schools, school interest groups, parents and teachers in recent times. During the past week I was lobbied by a number 583 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Caoimhghín Ó Caoláin.] of schools in my constituency. I met parents who are deeply alarmed at the prospect of their children returning to school in September without the essential special needs supports they deserve and should receive being in place.

Deputy Gerry Adams: Cuirim fáilte roimh an rún seo. Is gá go mbeadh páistí i gcroí lár spiorad agus pholasaíárnáisiúin. Déantar aon Rialtas ar domhan a thomhas ar an gcaoi ina gcuidíonn sé le achan pháisté a chearta foscaidh, bia agus oideachais a bheith aige. All children should have the right of access to education on the basis of equality, especially in a republic. Equality makes sense. It is key to building a society that is just, inclusive, safe and prosperous. Children who have Down’s syndrome, who are physically disabled, who have learning or behavioural difficulties or who are afflicted with debilitating illnesses, have the same right of access to education as all other citizens. It is an indictment of successive Govern- ments that this is not the norm and that the State tolerates second class status for some citizens. Society and politicians have a responsibility to ensure that the rights of children with special needs are protected and upheld as legal entitlements. In my constituency, Government policy has left parents of children at Kilsaran national school and other schools deeply concerned that the Minister will deny them the SNAs their children require. To appease the demands of the troika, the Government has been focused entirely on claiming there are too many SNAs, limiting the definition of special needs, reducing costs and limiting the hours available to children in need. I accept that there are more special needs assistants than ever in employment in this country and that is a good development. However, this is due to the fact that previous Governments and the education system failed several generations of children. More, not fewer, SNAs are required. There is also a need for new legislation to give effect to the rights of children. Greater transparency and accountability are needed in education sector, particularly in respect of the manner in which it responds to children with special educational needs. Sinn Féin wants the Education for Persons with Special Educational Needs Act 2004 to be implemented in full. Tá sé seo scannalach. Ní hamháin sin ach ní féidir le Sinn Féin glacadh leis an cinneadh seo. Is cuma anois, má chlaraítear páistí le riachtanaisí speisialta inár scoileanna. Ní bheidh tacaíocht ar fáil dóibh. Cad a déanfaidh príomhoidí anois, diúltú páistí a gclarú nuair a thagann sé go dtí Mí Mean Fhomhair? The rights of parents, in particular, must be valued and respected. Two weeks ago, the Government paid €12 million to senior unguaranteed bondholders in Anglo Irish Bank. That one payment would be sufficient to cover the cuts the Government is insisting on introducing in respect of SNAs and the education sector. The Government’s priorities are wrong and it is making the wrong political choices. I urge Labour and Fine Gael Deputies to do the right thing and support the motion.

Deputy Martin Ferris: I commend the Technical Group on putting forward this motion. I wish to acknowledge the role SNAs play in our society and the tremendous support they give to special children in order that they may enjoy an education. I also acknowledge the role they play in assisting teachers with pupils who receive SNA support at important times in their lives. The importance of SNAs for children with special needs so that they have the opportunity to receive an education cannot be stressed enough. Over the past number of weeks, I have been inundated with letters and e-mails from parents and special needs assistants. I would like to cite some of these to give a flavour of what having an SNA means to some people. One letter I received came from a mother with a six year old daughter who is due to go into senior infants in September. She says the child needs assistance, supervision and help with toileting and personal care. Her daughter often bites or hits out at 584 Special Educational 13 July 2011. Needs: Motion (Resumed) other girls in the class, wanders off at the first opportunity and is generally disruptive in class when left without assistance. She needs to be accompanied to the resource room or would wander off without warning. Sometimes she soils herself or removes all her clothes when in the bathroom. She needs an SNA with her to ensure she remains on task and the child’s mother appeals for that support. Another letter I received was from a special needs assistant. The child she cares for is eight years old and will go into first class in September. This child has cerebral palsy and due to this has reduced strength in one side of her body. She needs assistance with toileting and personal care and also needs assistance getting books from her school bag and with her lunch. She has behavioural problems, more from anxiety and not being able to do something she wants to do. She is also afraid of loud noises and alarms and starts screaming and crying and sometimes has to be removed from the class to calm down. These are just two examples of the many letters and e-mails I have received and are an awful indictment of any Government that inhibits or discriminates against a child and his or her opportunity to enjoy an education. The most important years in children’s lives are from infancy to the first few years they spend in school because this is when they learn most and thirst for an education. It is particularly annoying when people who claim they have a social conscience allow a lack of support in this regard. People of conscience will ask why the Government should attack special children and deny them the opportunity of receiving an education. A society can only be judged on how it treats its most vulnerable. If this Government proceeds to cut back on funding for special needs, it will be a disgrace. If it does that, it cannot under any circumstances say it is representative of all our people.

Deputy Mary Mitchell O’Connor: I am a qualified primary teacher and a former primary school principal. Outside the Oireachtas today, some of my colleagues and I and the Minister of State, Deputy Ciarán Cannon, met a group formed in 2010 which represents parents of children with special needs. I would like to reiterate here what some of those parents said to us today. They marched on the streets and then came to meet us. Many of the points they made succinctly describe what is happening on the ground. I would like the indulgence of the House to put on record the criteria for special needs assistance. Circular 07/02 states:

The allocation of special needs assistant support may be made on a full- or part-time basis...and may be shared by named pupils for whom such support has been allocated.

It goes on to say:

It must be remembered when considering making an application for the support of a special needs assistant that a balance must be struck between allocating necessary care support and the right of the child to acquire personal independence skills. For this reason, the professional who assessed the child is in the best position to advise on the amount of support (full-time or a specific number of part-time hours).

When this circular was issued, there were approximately 370 special needs assistants in place, but the same circular still pertains for the appointment of special needs assistants, of whom there are now approximately 10,500 in the system. As a practising teacher, I suggest we need to review that document and make changes to ensure we can provide resources to our children. There is a misguided belief that an SNA is tied to a child all the way through school. The system must be flexible and the school principal must be able to adapt resources. It is not good practice for a child to be tied to a particular special needs assistant for eight years. It is important that we make our children independent towards the end of their primary school 585 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Mary Mitchell O’Connor.] education. Children present with many different types of special needs and we cannot have a “one size fits all” system. SENOs are finding it difficult to make decisions and there is also evidence that there are discrepancies between SENOs in different counties, with the result that more children in some counties get more resource hours than in others, perhaps because of the SENO’s personality or how he or she interprets the rules.

Deputy Paudie Coffey: The Department has assured me that the existing level of SNAs in special schools will be maintained and that all schools that enrol children with significant care needs, as identified by professional reports, will have SNA support. The Government is committed to allocating over 10,500 SNAs over the coming academic year, which is an increase of over 7,500 since 2001. I would like to speak about my experience in this regard. I am the chairperson of a board of management of a national school and I know all too well the excellent work SNAs have done and continue to do. My school will lose two SNAs this year, because the pupils to whom these SNAs were allocated are leaving the school. We must acknowledge reality and admit that in some schools SNAs have not always been doing the work they were allocated to do. Some were assigned to other duties, whether photocopying, assisting with tours and breaks etc. We must be honest about the situation and that is the reason there is a need to refocus and redeploy resources to the children who really need them. No Government Deputy wants to cap the number of SNAs, but we must be aware of the economic reality. I do not doubt the genuine concerns of parents who came here today to protest or of the many parents around the country with concerns about special needs. However, that does not mean we should hype up or scaremonger on this issue. As mentioned, there are over 7,000 more special needs assistants now than there were eight years ago. A review was carried out and it found there was an over allocation of SNAs in some schools and that we needed to redeploy and refocus resources where necessary. One issue that has not been mentioned is that the number of resource teachers, who also play an important role in schools in assisting those most in need, has increased by 350 on last year’s number. The Government is committed to ensuring resources are put where they are most needed, particularly with regard to children in education. As a Government Deputy, I will continue to raise the issues on behalf of those children. The Opposition has said these people have no voice, but we were also elected to represent these people and I assure them they will have a voice in Government. They can be assured they have people of experience in place, like the previous speaker, myself and other colleagues. We will assist the most vulnerable and fight their cause within Government.

Deputy Robert Dowds: I am pleased to support the Government amendment. Up to last February, I worked as a teacher in a school for physically disabled children where my two closest colleagues were SNAs. I have never seen such a degree of commitment as I saw from them and the other SNAs in the school. Their dedication, love and care for the children was second to none and was often inspirational to the rest of us. Being a special needs school, it was well served in terms of numbers, with two SNAs assigned to each classroom. There is no question that these colleagues earned their money and did great work on behalf of the children in their care. Given the country’s economic situation, it is amazing that the Government has managed to retain more than 10,500 SNAs in the school system. I congratulate the Minister on his success in this regard. Having said that, there is a need to review the operation of ancillary services in schools. I say this as somebody who was a practitioner for many years. The role of the SNA is extremely important, but SNAs were appointed in a haphazard way, with those who shouted 586 Special Educational 13 July 2011. Needs: Motion (Resumed) loudest often getting the most. That was not always appropriate and, in many cases of which I am aware, schools in the most privileged areas were allocated more than their fair share. That issue must be reviewed because the current allocation system is not working. Decisions on the appointment of SNAs should be made by the inspectorate in conjunction with individual schools. I welcome the increase in the number of psychologists from 178 to 210, although that number must be further increased. When it becomes economically feasible, we must focus as much as possible on improving the provision of information technology, computer equipment and so on in schools. I reiterate my appreciation of the wonderful work being done by SNAs and urge that the operation of ancillary staff services be carefully examined with a view to ensuring the best deal for children. A good school system is one that is focused on the welfare of the individual child.

Deputy Jerry Buttimer: I compliment the Technical Group on putting this motion before the House. I offer my support to the Government amendment as somebody who was a teacher, has worked with SNAs, has taught a variety of classes and students and has spent his life volunteering with people with intellectual and physical disabilities. I acknowledge the important work being done by SNAs and their vital role in the education process. Having said that, we need balance and truth in this vital debate. Let us deal in facts. This debate is about children; it is not about verbosity, garnering media headlines or rising up agitation. We all acknowledge the role played by SNAs in the education system. However, the reality is that no child who requires special needs assistance will be deprived of it. Let us look at it in the overall context of where we are as a society and an economic entity. Despite the recruitment moratorium in the public sector, the Minister has indicated that an exemption will apply in respect of special needs education. Some 15% of the education budget is allocated to the provision of special education. That is a cause for congratulations. Where a debate is needed is in respect of how we define the purpose of special needs assistants. The previous Government did a poor job of setting up the system of special needs assistance provision. The role of SNAs was defined as assisting teachers in meeting the additional care requirements of students with a disability as well as assisting in other duties of a non-teaching nature. There must be a redefinition of the role of SNAs to align it better with the needs of children. I am not interested in value for money reports. As a teacher, I am interested in the progression of individual children. I have seen the benefit of special needs assistance and the effects of a lack of such assistance. I have not heard any of the Members opposite comment on where the system is falling down and how it may be rectified. We must have a child-centred approach which makes the student the focus of the learning plan and where progress is tangible and measurable. That is where our attention should be focused rather than standing outside the gate shouting and roaring. If Deputy Caoimhghín Ó Caoláin accuses me of sniggering because I defend the rights of children, then so be it.

Deputy Caoimhghín Ó Caoláin: I did not accuse the Deputy of that.

Deputy Jerry Buttimer: I will do so from a position of fact, not from a position of trying to get cheap headlines.

Deputy Caoimhghín Ó Caoláin: Not at all.

Deputy Jerry Buttimer: I am interested in students. I make my case as somebody who has spent more than 20 years in the classroom where I have seen the benefit to students of special needs education and resource teaching. 587 Special Educational 13 July 2011. Needs: Motion (Resumed)

Deputy Caoimhghín Ó Caoláin: I did not interrupt the Deputy. His problem is that he does not allow other people to speak.

Deputy Jerry Buttimer: Deal with the facts, Caoimhghín.

Deputy Caoimhghín Ó Caoláin: That is a fact.

Deputy Finian McGrath: Deputy Jerry Buttimer should resign.

Deputy Paul J. Connaughton: Most of those on this side of the House who have spoken have a great deal of experience in this area. My own background before entering politics was as a youth worker with a local national school. Many of the students I worked with were receiving the assistance of SNAs and the benefits of that assistance was clear. The educational experience we provide to these young people will stand to them as they move through secondary school and beyond to third level. It might even be possible to draw up a comparative list showing the benefits of special needs assistance in helping children to enter employment and avoid the attentions of the justice system. I fully understand how important it is that we retain our special needs assistance structure. As such, I welcome the increase this year in the number of SNAs. I also welcome the fact that 90% have been allocated and the remaining 10% will be allocated when we identify where they are needed. As Deputy Jerry Buttimer said, we must concentrate on what we want to achieve, which is to look after the best interests of children. That must be our focus in all relevant debates in this House. Last evening I accompanied two visitors — both teachers — to the Gallery to observe the first part of this debate. I was greatly displeased when two Deputies remarked in the course of the debate that it was a terrible reflection on the Government that there were only two Members in attendance on this side of the Chamber. I am convinced this issue is paramount to Members on all sides of the Chamber. The low attendance has more to do with the need for Dáil reform than it is a reflection of a lack of interest in the issue we are debating. I have and will always have a passionate interest in this issue. I very much welcome what the Government has done so far, but there is no doubt that more needs to be done. I accept that we live in tough economic times, but it is not children who should suffer. That should never be the case. I welcome the increase in the number of SNAs to an unprecedented level. Several school principals have told me that what they want to see a is comprehensive review of how we deliver the service. One principal remarked that the notion of clusters, whereby a certain number of SNAs is allocated to a number of schools, simply is not working. That is what we should examine. There must be a greater engagement with parents and principals to deliver the best possible service for young people. That is our primary concern into the future.

Deputy Aodhán Ó Ríordáin: I welcome the Minister’s launch last Friday of a national literacy strategy, which will have a major impact on efforts to tackle educational disadvantage. In other jurisdictions they discuss eliminating and the total eradication of illiteracy. That is the type of language one must use in this country. I feel very passionately, having worked in an area of disadvantage for the past 11 years, that education is the great liberator and the overarching approach of the Department of Education and Skills and this Government must be the elimination of illiteracy and educational disadvantage. I know the special needs assistant, SNA, issue inside out. I know, as Deputy Dowds has said, that there were schools in certain areas of the State that were able to buy resources. Where a school has access to private psychological assessments while another is dependent on the National Educational Psychological Service, NEPS, inevitably what happens is that resources are applied to the school that can buy them and which has access to private assessments while the school, such as the one I taught in, that 588 Special Educational 13 July 2011. Needs: Motion (Resumed) is dependent on NEPS does not get the same resources. That is an issue. The system has been allowed to go out of all control. No one on this side of the House wants to be in a position where we must defend a cap or talk to SNAs or people who work in schools or their representatives, as I did today. The reality is that if we are trying to target resources at those who need them most, the SNA system has failed in that regard. Another system that has failed is the general allocation model of special needs hours. I have said a thousand times and have said for the past seven weeks that the general allocation model benefits advantaged children over disadvantaged children because 50% of the resource hours are allocated by the State through the general allocation model which is based on the number of children in a school, not on need. The child in a school of 1,000 students is much more likely to get resource hours than a child in a disadvantaged primary school of 100 children. The system is not working because it is not targeted at those who are most in need assistance. We cannot have an overly emotive view of the SNA and resource hours system without properly analysing whether we are making a real impact in the lives of those who need assistance the most. I have been saying this for years and this is not a political football because we are talking about the children and their needs. I met a delegation from IMPACT and they made some very sensible proposals. I will bring these to the Minister this week and I hope we will be able to get some feedback from him on them. I wish to comment on making this issue a political football. I think we must be a bit more sensitive about the way we describe each other in this Chamber. Last night somebody in this Chamber called me a hypocrite on this issue. “The Last Word” show with Matt Cooper is still waiting for a return phone call from Deputy Finian McGrath on a debate that I was due to have with him at 6.10 p.m.on Today FM. They are still waiting; the Deputy could not be found. I was ready and willing to debate this issue.

Deputy Finian McGrath: I was on the street with the parents who were protesting. I was with the parents on whom you are imposing cuts. Go on with the waffle.

Deputy Aodhán Ó Ríordáin: I have absolutely no difficulty in talking about this issue on any radio or TV station.

Deputy Finian McGrath: The Deputy supports the cuts. His conscience is at him.

Deputy Aodhán Ó Ríordáin: One cannot vote for a €24 billion bailout of Anglo Irish Bank.

Deputy Finian McGrath: The Deputy is supporting the cuts now.

Deputy Aodhán Ó Ríordáin: The number one item on every budget for the next ten years is €3 billion to Anglo Irish Bank. One cannot vote for that.

Deputy Finian McGrath: The Deputy and his party are in power now. They are in Government.

Deputy Aodhán Ó Ríordáin: Deputy McGrath did a deal with Bertie Ahern and then arrives in this House and talks about hypocrites, meaning those Members who are trying to defend the most vulnerable people.

Deputy Finian McGrath: The Deputy is a phoney and a hypocrite.

Deputy Aodhán Ó Ríordáin: The cost of prostituting his vote and selling his vote to Fianna Fáil is what we are dealing with 589 Special Educational 13 July 2011. Needs: Motion (Resumed)

Deputy Finian McGrath: The Deputy was talking about cuts in Opposition and he got elected on the issue. He was talking about cuts in Opposition and now he is implementing them

A Deputy: You are a sham and a hypocrite.

Deputy Finian McGrath: You are a phoney.

An Leas-Cheann Comhairle: I must call Deputy Jim Daly.

Deputy Jim Daly: What has preceded my speaking shows what a populist and emotive issue this can be, good and bad. It is very easy to jump up and down and talk about cuts and vulnerable poor people. It makes for great radio and for great public protest. We must, however, live in the real world and deal with it.

Deputy Finian McGrath: You guys have been doing it for four or five years. So has the Labour Party.

Deputy Jim Daly: I do worry that Deputy Finian McGrath doth protest too much. May I continue uninterrupted? The cap versus cut is a phrase that needs to be addressed. I speak with a degree of authority on this issue because I speak primarily as a parent of children, which is my primary focus, but also as a former school principal who would have a reasonable knowledge of the working of this system. It is not a cut to the number of SNAs but a cap on the number of SNAs. We are not dealing with infinite resources at any level or in any area and I wholeheartedly support the effort for better deployment of the resources available to the education sector, limited though they may be. I think this particular step is putting a sharp focus on how we deploy those resources across the system to ensure those most in need get the resources they need, a point with which everybody in this Chamber can agree. Any step we take to work towards that must be welcomed, irrespective of our political or populist background or any other background we may choose to come from. Another issue that has come into sharp focus in this debate is the role of the SNA. This role has been misunderstood and misappropriated for many years since its introduction. In fairness to Deputy Micheál Martin, the Leader of the Opposition, when he Minister for Education and Science he brought this whole area kicking and screaming into the 21st century. I commend him on that without a shadow of a doubt. We welcome any development that will help students to get a better education during the education process. The role of the SNA has not been understood and the care element has not been appropriated properly. I always make the point to parents and have done so, as a parent and as a principal, that less is often more. Just because resources are available does not mean one avails of them. Taking children in and out of classes, which is separate to the SNA issue, I accept is not always for the best. I think a Government that is spending 15% of its entire education budget on special educational needs must look very carefully at how that money is allocated and how it could be better used. It is important to hear the truth. An additional 475 posts are to be reallocated in September under an appeals process when local special educational needs organisers, SENOs, will visit schools under the guidance of the National Council for Special Education, NCSE, which I argue is better prepared and equipped to decide where the resources should be going when they are allocated to the schools. In regard to the €350 million allocated for SNAs, I question how much of this budget is being spent in a way that achieves best value for money. There are many competing demands on the services available to vulnerable children. For example, they may need speech and language therapists. We must grasp the nettle and be more mature about things. 590 Special Educational 13 July 2011. Needs: Motion (Resumed)

Deputy Arthur Spring: It has been fascinating to listen to all sides of the House over recent days. On many occasions the press have said we have too many teachers in the House. I must bow to the superior knowledge of the teachers and those who work in front-line services. It is very reassuring to know they have an understanding of what it is to have an SNA in the classroom. There has been a great deal of knowledge and wisdom, but there has been empathy from all sides of the House with what people are trying to achieve in society. We are all for protecting the most vulnerable in society and never ever get that wrong in this House. It is a fact that more money was spent on SNAs in 2007 than in any other year. There was a 20% increase and if we are to continue with the form of politics that has applied heretofore, we will throw money at issues which are emotive and which will get us back into Government. That is not the way it is supposed to be. The funding is not focused and, as some of my Labour Party colleagues have rightly pointed out, the fact that the people with the most money have the most access to SNAs is wrong. This must be done in a leaner, smarter and more focused way. There are facts and figures that speak volumes about the level of support that is in place. Page 57 of the report mentions a 27% decrease in the number of SNAs. If there are cuts, they will be to the point of 2%, but cuts in the number of SNAs do not mean cuts to services. Everyone has to roll up their sleeves and give 10% more. We are at junk bond status and it cannot be any worse than it is, according to some people, but unfortunately because of bank guarantees and unprecedented levels of financial irregularities in a Government that was around for 14 years, we have been brought to a point of unprecedented mess. We now have to do the heavy lifting and tackle the big issues. Everything must be done better. Among the very valid points that have been made are that 15% of the education budget goes towards helping children with special needs, the number of resource teachers in schools will rise by 350 in the coming school year, more than 20,000 teacher places on courses in special educational needs were provided in 2010, and special school transport arrangements and schools for students with special needs have all been provided as well. To make this an emotive political football is nothing shy of disingenuous. We are all trying to do the utmost we can for people who have special needs. At all times we must look at a bigger picture and then implement management. This House is not just about legislation any more. It is also about management and getting more from less. This is something that the Technical Group can say it will give the same as before, when it has the advantage in society and it has the advantage economically. Fianna Fáil gave a 20% increase.

Deputy John Halligan: Deputy Spring should be sitting with Fianna Fáil.

Deputy Arthur Spring: There were enough Members on the other side of the House who supported the mess which was created.

Deputy Finian McGrath: Deputy Spring’s conscience is getting to him.

An Leas-Cheann Comhairle: Some three minutes remain.

Deputy Andrew Doyle: I will make three points in the three minutes remaining. I welcome the debate. Special needs support for children, whether learning support, speech and language therapy or special needs assistants, has come a long way. We must put this matter in context. We have come a long way from the time when children were left behind, put in a corner and not understood. I say this as someone whose mother was a remedial teacher for two primary schools in Rathdrum, County Wicklow 30 years ago. These schools consisted of 400 pupils, which indicates the level of special needs education available to those children at the time. Ten years ago, we had 3,000 SNAs in the system and we now have 10,500. Was 3,000 enough? Probably not. Has the percentage of children requiring SNAs increased at the same rate as the 591 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Andrew Doyle.] number of SNAs in the system? Probably not, there was probably a point where we reached equilibrium but it has been manipulated since. There are enough SNAs in the system for every child under the criteria. Are they being allocated correctly to those children? Maybe not. My second point concerns a proper appeals system. Currently, if a child is assessed and it is determined that the child does not need an SNA, the decision is appealed to someone who is in the same office as the person who made the initial decision. It is not the same person but they usually share the same office. That is not fair to the person who makes the decision, the child or the parents. We must set up an independent appeals mechanism that is inexpensive and transparent and offers some level of comfort. Inevitably, the fate of some children is decided in this manner, which is not correct. There are subjective opinions from time to time and others may not see the wood for the trees. With 450,000 people unemployed, is there a role for people in the classroom and the school other than as an SNA and a teacher? This can give some value to jobseeker’s benefit and a person can learn a skill and be of assistance. It can be called work welfare and it is worth discussing. I do not accept that there is not a role. Community employment schemes engaged people outside the classroom and there may be roles for people in the classroom. There are enough SNAs under the cap to provide SNA support for every child in the system. Deputy Clare Daly can wag her head all she likes but the facts remain. If she does not accept that, she is trying to muddy what has been put forward as logical and sensible debate.

Deputy Finian McGrath: I could paper my office with the letters I received.

Deputy Clare Daly: Deputy Andrew Doyle should meet some of the parents.

Deputy Finian McGrath: Who are the people at the gate?

Deputy Andrew Doyle: They are fuelled by people such as Deputy Finian McGrath irrespon- sibly manipulating people’s emotions.

Deputy Richard Boyd Barrett: The Government just does not get it.

Deputy Andrew Doyle: Here is the idealist. We do not get how to manipulate people’s emotions.

Deputy Richard Boyd Barrett: The Deputies opposite get obfuscation, smoke and mirrors and justification but they do not get the issue or the concerns expressed by parents of the most vulnerable children in our society. The reason there was a protest tonight is that the Deputies in the Technical Group have been inundated with calls from desperate parents since we were elected to Dáil Éireann. The parents, some of whom are sitting in the Visitors Gallery, said they do not know if their children would have the education they need in September. When they first came to us, they were unsure but in the past few weeks they have found out that their children will not have the education they need and deserve as a right because hundreds of schools have received letters saying they will not receive the special needs assistants they sought or the educational support they sought.

Deputy Jim Daly: SNAs do not provide education. Deputy Boyd Barrett does not know what he is talking about.

Deputy Richard Boyd Barrett: In my area, a school that sought three additional SNAs was given a cut of three. It is down six SNAs compared to what it needs. This Government does not get all of the nonsense about cuts, quarters and caps. Some 10,000 additional children come 592 Special Educational 13 July 2011. Needs: Motion (Resumed) into our education system every year. Either we provide for them and for their education as a matter of right or we use excuses about the EU-IMF, the programme we have signed up to, economic realities, being in a straitjacket and all the nonsense we get from the Government. The Government is in a straitjacket because it made a decision to adhere to a programme that is stripping this country of the services it needs to look after our most vulnerable children.

Deputy Paudie Coffey: How would Deputy Boyd Barrett fund it?

Deputy Richard Boyd Barrett: Members opposite can keep heckling because they do not care about the parents or the children. They just want to heckle and score political points.

Deputy Robert Dowds: How dare you.

Deputy Colm Keaveney: How dare you. That is rubbish. It is scandalous. Deputy Boyd Barrett should go away with his rhetoric.

Deputy Richard Boyd Barrett: In the Children First guidelines, which the Minister says the Government will implement as a matter of legislation, it says that neglect can be defined in terms of an omission “where the child suffers significant harm or impairment of development”, including intellectual stimulation or a lack of. It continues:

A child who consistently misses school may be being deprived of intellectual stimulation. The threshold of significant harm is reached when the child’s needs are neglected to the extent that his or her well-being and/or development are severely affected.

This is defined as neglect and the guidelines suggest neglect should be a criminal offence. If Government Deputies say the provision of special needs assistants and support will be governed by caps and quotas, not rights as demanded by the guidelines, they are engaging in criminal neglect of children. How else can they explain that people who need supports have been denied them in the past number of weeks? Are Deputies saying that is not happening? Are they saying the parents who contacted us are lying, or are out there for no good reason? They asked us to do something and as public representatives we feel duty bound to do so. When the Deputies opposite were in opposition, they were saying exactly the same.

Deputy Finian McGrath: Hear, hear.

Deputy Colm Keaveney: Deputy Finian McGrath was Bertie’s boy.

Deputy Richard Boyd Barrett: The Minister of State, Deputy Brian Hayes, stated:

It is not an exaggeration to say that the range of supports offered to children with special educational needs in this country is nothing short of scandalous. Despite new legislation, many commitments, new funding and promises of better co-ordination between Departments, we are still a long way——

Deputy Colm Keaveney: Deputy McGrath was Mary Harney’s boy.

Deputy Richard Boyd Barrett: They do not want to hear their own words. That is the problem. This is another U-turn. Just think about the devastating consequences on the lives of young children whose education is a right. Our society will pay the price for this. Deputies opposite are not listening but if they think we are stirring it up now, they should wait until they see what is coming.

Deputy Paudie Coffey: Is that a threat? 593 Special Educational 13 July 2011. Needs: Motion (Resumed)

Deputy Richard Boyd Barrett: The only message I have is to encourage people to get out and protest to hold these people to account for the promises they made and which they are betraying. It is a scandal.

An Leas-Cheann Comhairle: There should be no interruptions and speakers should speak through the Chair.

Deputy John Halligan: I heard two expressions tonight that I should not be shocked at. One came from a Fine Gael Member. He said: “when we know where the special needs need to go”. Does he not know that? Second, he referred to leaner and smarter. I heard that phrase used last year on the bench opposite. To me, leaner and smarter always means job losses.

(Interruptions).

Deputy John Halligan: That is what the Members opposite are talking about. At the demonstration outside these Houses today by the many hundreds of people who came from all around the country I noticed one placard which read: “If you tolerate this, then our children will be next”. I thought about that from the stand where I was speaking and I asked myself what have we tolerated. We have tolerated gambling and robbery from the banks. We have tolerated greedy developers deliberately inflating house prices, corrupt politicians, aus- terity measures that have driven hundreds of thousands of people into poverty, lies and more lies, broken promise after broken promise from the previous Government and now from this Government. Whatever little faith people have in politics is evaporating as a result of what the Government is doing. They were put into power because people did not want to hear any lies or the broken promises as they had heard for the past 15 years, but that is what the Government has done. Thousands of irate citizens have not yet marched on this Dáil and as a result the Government believes it can get away with destroying children’s lives. If they were marching because of all the other broken promises made years ago that placard —“If we tolerate this then our children will be next”—would be relevant. The Government is waging war on the less well off in society, and the most vulnerable people in society at present are children with special needs. Does the Government seriously believe it will get away with vicious cuts such as these? Members opposite are telling me there are no cuts.

Deputy Robert Dowds: What nonsense.

Deputy John Halligan: Boards of management across Waterford were notified by letter last Friday week that no junior infants class will be allocated special needs assistants in the coming school year except where the behaviour is extremely challenging and dangerous. At a meeting in Waterford last Monday night hundreds of parents, children, special needs assistants and teachers thronged into the Tower Hotel because they got those letters and know what is coming down the line. If the Labour Party was even half socialist it would not contemplate doing this. All it has to do is read its party manifestos year after year which state that it would protect the most vulnerable in society. They should stand up now and tell me——

Deputy Aodhán Ó Ríordáin: There are 10,500——

Deputy John Halligan: Tell me now that the cap, even if it is only on the number of special needs assistants, will not affect the most vulnerable in society.

Deputy Aodhán Ó Ríordáin: It does not protect—— 594 Special Educational 13 July 2011. Needs: Motion (Resumed)

Deputy John Halligan: They should hold their heads in shame.

(Interruptions).

An Leas-Cheann Comhairle: There are just two minutes left. Deputy——

(Interruptions).

Deputy John Halligan: On three occasions——

(Interruptions).

Deputy John Halligan: ——they used the expression “value for money audit”.

(Interruptions).

Deputy John Halligan: I ask them to put a measure on value for money against the education of a child. That is exactly what they are doing. High quality education is the single most important building block if we are to find a base for economic recovery and avoid social breakdown. If the Members opposite continue on the path they are on and hitting the most vulnerable in society, social breakdown is exactly what they will get and much more to go with it.

Deputy Aodhán Ó Ríordáin: That is not——

Deputy Maureen O’Sullivan: Central to the issue we are discussing, namely, the education of children with special needs, is the core principle of integration and inclusiveness in our education system and that we support a system which includes children with special needs — physical, mental or both — Traveller children and foreign national children. There are children with special needs who in the past have gone to special schools or to units within those schools. I want to recognise the great work being done by the St. Michael’s House schools and schools like the one for the visually impaired on Gracepark Road. Those schools and those units must maintain the current levels of funding. However, in the past decade or so, and longer in some cases, in schools such as my own school, St. Mary’s, Baldoyle, there has been an acceptance of the philosophy of integration to include all students with special needs. That philosophy is included in the Education for Persons with Special Educational Needs Act 2004 which states: “wherever possible, [the education of people with special needs shall] take place in an inclusive environment with those who do not have such needs, to provide that people with special educational needs shall have the same right to avail of and benefit from appropriate education as do their peers who do not have such needs”. The Education Act 1998 contains a commitment to “a level and quality of education appropriate to meeting the needs and abilities” of citizens. In that regard we have the theory, the philosophy, the policy and the legislation and all of that must be honoured. The special needs assistant scheme dates back to the introduction of child care assistants which came about in the 1979-80 school year. That acknowledged that there were children who needed extra support if they were to realise their potential, especially in classes of more than 20. The system of providing for children with special needs requires a radical overhaul and the first step is to put the needs of the individual child at the core. The Department of Education Circular 07/02 states that the duties of the SNA sanctioned by the Department are of a non-teaching nature. I wish to make two points on that. The SNA is in the classroom with a child. The child is struggling to understand an idea, a concept, a sum or a word. In theory, the SNA should say, “I cannot help you; that is not a care need” but I 595 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Maureen O’Sullivan.] have seen the work of SNAs who have the total care of the child central to their work, and total care means physical, emotional, intellectual and educational. In recent years the PLCs have introduced courses to equip special needs assistants with the knowledge and skills they need and in that regard I dispute the concept of limiting the work of the special needs assistant purely to care. In my teaching years I have also seen the difference an SNA makes to the child and in the majority of cases they go beyond the remit of the role. Some children will need a full-time assistant, others a part-time assistant. For others it may be temporary or the needs could be reduced over the course of the time the child is in school. It all depends on the needs of the child, and that is where the emphasis must be placed. The needs of the child should determine the system, not the other way around. Regarding other aspects I believe must be part of the overhaul, if the SNA is absent, what happens to the child? It has happened that the child may be asked to stay at home and not come to school. If the child with special needs is absent, what does the assistant do in those circumstances? Flexibility is needed and, unfortunately, our system is much too rigid. That also applies to schools which are over quota. The child with the SNA who has special needs is still in that school, regardless of the quota position. The school I taught in was totally inclusive. We had Traveller children, children with special needs — mental and physical — and foreign national children. All were welcome. We used the resources we had within ourselves and within our school to work with those children to the best of our abilities. I resent those schools that say they cannot take a child with special needs because they do not have the resources. The Department of Education and Skills figures consistently show provision for special needs and other minority pupils is glaringly absent in many fee paying schools. The Department has found €100 million for fee paying schools. It also found capital payment for fee paying schools——

Deputy Finian McGrath: Hear, hear.

Deputy Maureen O’Sullivan: ——while we are causing such stress and grief to parents of special needs children in realising the needs of their children.

Deputy Finian McGrath: The Members opposite should do something about that. They are in power.

Deputy Maureen O’Sullivan: Parents of special needs children need support and assurances that the needs of their children will be met by the State and not threatened by the State. Special needs covers a wide spectrum as Members are aware. The work of the special educational needs organiser, SENO, with parental and teacher involvement, is vital in determining the needs of the child. On a purely economic level, if these cuts come in they will impact on the other children in the classroom. The SNA will be going on social welfare. If we support these children now in equipping them for the future, in many cases they will not be dependent on the State.

Deputy Finian McGrath: Hear, hear.

Deputy Luke ‘Ming’ Flanagan: I know we are a good Opposition but we are being painted as some sort of geniuses. Apparently we have manipulated people’s minds. We somehow managed to convince all of those people to come onto the street today on the basis that something 596 Special Educational 13 July 2011. Needs: Motion (Resumed) bad would happen to their education system. Having spoken to some of the people in the Gallery earlier, they are the last people in the world whose minds could be manipulated. I look forward to the day when many of them are sitting in this Chamber representing themselves because those people’s minds will not be manipulated.

Deputy Finian McGrath: Hear, hear.

Deputy Luke ‘Ming’ Flanagan: I have heard about the expertise of teachers, as I have heard about the expertise of our Minister for Health in health, but as a parent I am an expert on this area as well from the point of view of my eight year old and six year old children who will be seriously affected by this measure. I am an expert also because as a public representative I have had principals of schools — I must have manipulated them to get them to do this — break down and cry in front of me. I found that awkward and did not really know what to say to them. I am astonished they were behaving as they did because I was supposed to be manipulating their minds. I would love to know how I managed that. They did not come here for the craic but for one reason only, that is, they are disgusted and very unhappy with what is coming down the line. I understand money is very important, apparently more important than anything in this world. If it is that important, why not do the calculations on the negative financial impact on the country of the Government’s actions? For example, my eight and six year old daughters will not be as well-educated as they would be if the cuts were not made. The cuts will affect their ability to contribute to society. The cuts will affect the contribution to society of children with special needs. They will affect us financially and are, therefore, not smart. The Government tells us there is nothing it can do and that it does not run the country any more because it is being run by the IMF and European Union. It states it will not be able to do anything about the debt and asks where the money will be obtained. Why does it not prioritise? How about not digging up any more footpaths unnecessarily in my town or county this year and putting the money saved towards special needs assistance? Parents will put up with and dodge the cracks in the footpaths to get to school rather than have no special needs assistants. It is a question of investing in our future and speculating to accumulate. This is a concept that the Minister of State, as a former member of the Progressive Democrats, will understand. If one invests, one gets a dividend down the line. I know the Government would love the special needs assistants to emigrate to solve its problem, but not everyone will do so. Therefore, the Government will have to pay those remaining social welfare and rent allowance and it will have to give them medical cards, and rightly so. Would it not be better to leave the special needs assistants in the system, where they would not cost a lot more, and thereby help to develop society for the future? I agree with the motion with regard to the school transport system. It must be maintained. Without a shadow of doubt, the Government will create circumstances in which parents will not be able to bring their children to school. The Government’s approach is another penny wise and pound foolish solution. Parents will no longer be able to work because they will have to give up their jobs to bring their children to school. The Government will lose tax revenue and will have to pay for those parents. Why not let the parents keep working and collect their tax to pay for all the required services? There is one thing for sure: we are not manipulating anybody. Special needs assistants are not an insatiable mob. Reference is made to the increase in staff from 3,500 to 10,500 and that 11,000 will be sought by parents next year and 12,000 the year thereafter. It is asked whether they will ever be happy. It is incorrect to make these assumptions because the truth is that the parents want their children to grow up and fulfil their potential. They are not making their 597 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Luke ‘Ming’ Flanagan.] demands because they comprise a manipulated, insatiable mob, as the Government is suggesting.

Deputy Thomas Pringle: I commend my colleagues in the Technical Group on tabling this motion on the cuts affecting special needs assistants. Parents of children with special needs must struggle all their children’s lives to ensure services are made available to them. They must struggle to get bureaucrats, the HSE and Government to listen and take on board their struggle for services. I refer to the struggle for physiotherapy and occupational therapy, for example. Parents of children with special needs must struggle throughout their children’s lives because they want the best for them. They want their children to be able to achieve as much as they can in society. It seemed that, through the special needs assistance system, some respite was available such that parents could obtain the assistance needed by their children in mainstream schools. In a proper society, we would plan ahead and know the number of children requiring special needs education. Every year, 8,000 to 10,000 children enter the primary school system. Of these, 400 to 500 have special needs and require assistance. We know this, yet the Government cannot plan for it. A proper society would ensure supports are available for children with special needs when they enter school. That is the crux of this problem. It has been mentioned by the Deputies on the Government side that the system is broken and needs to be fixed. I do not see any attempt to fix the system; all I see is a cap and an attempt to save money with a view to responding to the IMF, ECB and EU. The Government is tipping its hat at these stating it is well behaved, Ireland is not Greece, it is doing everything it has been told to do and it is making things work. It is time this stopped. The Government, in its amendment, notes the cap on special needs assistants was introduced by the previous Government. Since I was elected to this House in February, I have been sick to death hearing every problem laid at the door of the previous Government. The current Government is responsible and was voted into power by the people in February with a view to bringing about change. The Government promised to be something different but has not been. It continues to behave as its predecessor did. It has morphed into Fianna Fáil. The Labour Party and Fine Gael are now Fianna Fáil. The transition has been shocking. The Government lays blame continuously but should take responsibility. The time is coming quickly in which it will be held to account and responsible for what it has done. In 1846, Thomas Davis wrote, “Educate that you may be free”. That is vital. Mr. Davis encouraged the Irish to educate themselves to bring about freedom. What we and parents of children with special needs advocate is the education of their children. Children with special needs face many barriers in life but if they can obtain a proper education, it can ease their burden. That is all their parents are asking for. It is the least that children with special needs deserve.

Deputy Shane Ross: I wish to share time with Deputy Tom Fleming.

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

Deputy Shane Ross: I am puzzled by this debate. I come to it not as a natural protester or one who speaks from the backs of lorries. Today was the first time this happened to me. I do not come here as one who allies naturally with Deputies Higgins, Boyd Barrett and others, yet I believe what the Government has been saying is extraordinary. I echo the words of Deputy Flanagan in saying nobody has been manipulating those who tabled this motion. It is not what is called a political football. 598 Special Educational 13 July 2011. Needs: Motion (Resumed)

I, who am new to public lobbying of this sort because I come from the rarefied area of the Seanad, had a number of people contacting me spontaneously about this issue. There is no doubt that they came to me because they were sore, felt betrayed and were emotional and in need. They did not just come from my constituency but from all over Ireland. They came today from all over Ireland. The suggestion this is some sort of fantasy manipulated by others is utterly wrong. I sympathise with the Government in the fact that it must make cuts. Of course that is its philosophy and of course it must make cuts, but the motion is a political football in the sense that one must make choices, as stated by a member of the Labour Party. The Government’s choice is to make cuts in the area of special needs. The Government line is that its financial difficulties are inherited from the previous Govern- ment and the constraints are imposed by the IMF and European Union. That is unadulterated rubbish because the Government proudly went back to the European Union and said it had a jobs initiative and was able to effect change in minor ways. This is very small in terms of the IMF-EU package. There is no doubt that the Government could have returned to the IMF and European Union when it was renegotiating the deal, as it said it did, and stated its priority was not only jobs but also vulnerable children. It could have demanded that the required €10 million, €20 million or even €40 million be taken from somewhere else. The IMF would have asked where the Government wanted the money to go. Constructive suggestions would have been made on where cuts could have been made. If the Government had said it wanted to cut 1% of the FÁS budget and secured that cut, the savings would have paid for the special needs assistants. However, it did not. Instead, it says it will live with this because it can blame Fianna Fáil for it. Of course it can blame Fianna Fáil for it but it has inherited this mantle and accepted it and it is running with it. The Government could cut back in other areas such as the EPA. Every week there is public waste, and the EPA was exposed at the weekend by a newspaper with which I have an association. There has been spending galore on unnecessary things. Why can the Government not cut back on this? The subvention given to CIE is unexplained; there is no transparency.

Deputy Luke ‘Ming’ Flanagan: Hear, hear.

Deputy Shane Ross: Why can the Government not cut back on this? Instead, it takes the easy option and wants to blame Fianna Fáil. This is something for which Fianna Fáil may take the blame but the Government, as Deputy Pringle rightly stated, will become Fianna Fáil- lite unless it differentiates itself on issues such as this, which are on a humanitarian level extremely important.

Deputy Tom Fleming: It is for very good reason we have the current quota of special needs assistants, SNAs, to provide vulnerable and disadvantaged children an opportunity to develop their educational skills to an acceptable level. Depriving these children at a vital time in their lives of the maximum support and assistance will adversely affect them for the rest of their lives, particularly in their ability to lead an independent lifestyle as they mature to adulthood. Health and safety is a prime aspect of the role of SNAs. I am aware of one school in which during a 15 minute break an SNA must give meals and assist up to six children in the bathroom. This SNA is stretched to the limit and the situation is not acceptable. The average salary of an SNA before tax and deductions is €24,000. Therefore, approximately €17,000 is the net wage. If an SNA is removed and becomes unemployed it will cost the State a substantial amount of that €17,000 in social welfare. It is not logical to remove an SNA as a cost-saving measure. 599 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Tom Fleming.]

I know the Minister of State, Deputy Ciarán Cannon, is doing his level best on school transport but perhaps he will reconsider and amend the proposals for cuts in the school transport system. Very rural areas which are remote and inaccessible and where no other transport is available will be affected. It will put people in a very precarious position. I ask the Minister of State to utilise the private and rural transport bus service.

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I thank the members of the Technical Group for allocating their time to this very important issue. It provides me with an opportunity to reassure all parents of children with special educational needs that their children will continue to have access to an education appropriate to their needs. Over the course of this debate last night and this evening, speakers from both sides of the House have spoken passionately of the importance of the special needs assistant scheme to the lives of children with special care needs as they progress through their education in our schools. It is notable that while the special needs assistant scheme enjoys the fullest support from all sides of the House, the debate has essentially focused on the practical and prudent measures the Government is taking to manage this very considerable and important resource. If we set aside for one moment the substantial financial crisis that has befallen the country, and even the terms of the programme for recovery which we are committed to implementing, it is clear that even in a more favourable financial climate it would be unthinkable that we would continue to support the allocation of special needs assistants without rigorous controls in place. The measures being implemented are nothing more or less than what is necessary to ensure the proper governance of this very costly resource. These measures will ensure that SNAs are allocated only where they are genuinely needed and that they are withdrawn where they are not needed. No scheme, particularly one which accounts for such a large share of the Department’s annual budget, could be operated without limits as some Members opposite suggest. No scheme can operate without the appropriate controls and rigorous and diligent planning to ensure it meets the needs of those it serves and provides the best possible value for taxpayers’ money. Many Opposition Deputies clearly accept the findings of the recent value for money and policy review of the SNA scheme which pointed to an over-allocation of SNA resources in some cases. Some Members make the case this provides an opportunity to extend the role of SNAs beyond a care role to possibly include teaching support. I want to be clear there are no plans for the expansion of the SNA scheme beyond its current purpose. The value for money and policy review is very clear in this respect. The care role envisaged for the SNA needs to be understood by schools, professionals and parents. SNAs should not be used to supplement teaching or as therapeutic support for students. The National Council for Special Education allocates separate additional teaching expertise to provide the additional teaching support needs for these children. The number of learning support and resources teachers provided by the Department for the coming year has increased by 350 over last year. The simple and unavoidable facts are that in the coming year, the Department will commit €1.3 billion in support of children with special educational needs. This provision, which represents 15% of the overall budget for the Depart- ment, is in line with expenditure and is clear evidence that despite the current economic difficulties, funding for special education has not been cut. It is worth repeating that line for those who perhaps do not want to hear the truth or find it more politically beneficial to ignore the truth. Despite the current economic difficulties, funding for special education has not been cut. 600 Special Educational 13 July 2011. Needs: Motion (Resumed)

The commitment of the Government to the protection of front line services for pupils with special educational needs is without question. The Department will continue to improve the measures necessary to manage this very substantial resource. We believe that diligent and rigorous management of these resources is in the best interests of the service, of our schools, of parents and, most importantly, of all our children.

Deputy Joan Collins: When I first entered the Dáil I said “welcome to the coalition of cuts” and this has been vindicated given what we have just heard. I listened to Government backbenchers speak on this motion and laud the fact that the amount of SNAs has been increased to 350 and capped at 10,572. This is a nonsense argument and they know it. The number of hours allocated to each school to support children with special needs has been cut by 10%. The Department of Education and Skills has made provision for only 9,950 learning support resource posts this year. This will not meet the demand. The capping of the number of SNAs at 10,572 means children with a wide range of special needs will at best have to share the services of an SNA whereas previously they would have had exclusive access. At worst, children will lose their SNA. The reality is not what the Govern- ment is saying. The school on Mourne Road, which is a DEIS band 2 school, has lost 1.33 SNAs as the number has reduced from 6.33 to five to cover seven classes. Is this not a cut? The number of SNAs at Drimnagh Castle boys school has been cut from 9.5 to six. Is this not a cut? The number of SNAs at Scoil Bhríde in Dublin 6 has been cut from two to one to cover an autistic child and a child with very special needs. Is this not a cut? The number of SNAs at St. Gabriel’s in Ballyfermot has been reduced from six to five to cover seven children with two more children with special needs due to attend the school. Is this not a cut? The school has also lost a resource teacher for Travellers and between ten and 12 Traveller children attend the school. Is this not a cut? The visiting teacher service for Travellers is to be abolished in September. Is this not a cut? To say these are not cuts is a lie. The Ombudsman for Children has strongly criticised the targeting of Traveller education. Waiting lists for psychological assessment and speech and language therapy are a national disgrace, as Government Deputies themselves stated only five months ago while on the Opposition benches. Principals and parents have pointed out that children are facing cuts and their needs will not be met. It was terrible to meet people at the protest outside the House today who believed the Government would protect them. The Government asks us not to make this an emotive issue. When parents must face the prospect of their children not receiving the resources they need the issue becomes emotive. Deputies on this side have been accused of not offering choices. The cost of reversing the proposed cut, after taking into account the reduction in social welfare costs and increase in taxation revenue generated by special needs assistants, SNAs, would be €20 million. Where can this sum be sourced? There is a choice to be made because choices are always available. I am not proposing a revolutionary cut in the IMF-EU bailout fund. Every year, €100 million is paid to elitist, fee-paying schools. Why is this money not invested in educational resources for those who need them? This is a clear choice facing the Government. Where does the Labour Party stand on it? The Minister should match needs with resources and stop hiding behind the IMF and Fianna Fáil.

Deputy Joe Higgins: The Minister states that funding for special needs is not being cut and thereby covers up the truth that the resources available for schools are being greatly diminished because thousands of extra children are pouring into the education system every year. The reality lies in the examples Deputies have cited from their respective areas. In the greater Blanchardstown area, the fastest growing area in western Europe with a population of 100,000, schools were cynically told about the cuts only days before they broke up for the summer. 601 Special Educational 13 July 2011. Needs: Motion (Resumed)

[Deputy Joe Higgins.] Between them, two primary schools in the area will lose 4.5 English language support teachers and two special needs assistants. This is a grievous cut which will leave the 360 students in one of the schools in question, Scoil Mhuire junior, with one special needs assistant. While the weasel words that children have access to special needs may be true, if 1,000 people have access to one pint of water, it will not go around very far. The Government uses words to cover up the reality of what it is doing. The cuts will have serious effects on the general school population by virtue of additional disruption and distractions which will take place for teachers and the broad student population and, unfortunately, in terms of those special needs students who, as a result of not receiving the support they need, will not make the advances they could make, will subsequently fall through the cracks in society and, in a minority of cases, will fall into a life of crime. This will come at a terrible cost to the individuals in question and society. What is truly shameful is the choice that is being made. The Labour Party-Fine Gael coalition continues the previous policy of transferring billions of euro of the resources of Irish people and taxpayers into the coffers of private banks to pay off their private gambling debts arising from insane speculation in the Irish property market and makes a priority that they must be paid, while cutting services for our most vulnerable people. For Labour Party Deputies to use the chaos caused by the system of speculation in the financial markets as an excuse for implementing cuts and standing behind the Government is pathetic. How they have forgotten the great socialist, James Connolly, who, in simple words 100 years ago, pointed out how capitalism is inherently a system of crisis and therefore a system that, on a regular basis, visits misery upon society and the working class, in particular, the poorest.

Deputy Colm Keaveney: It is Deputy Ross’s system.

Deputy Joe Higgins: What we see at present is but the diseased financial system that are the European financial markets? The gamblers and speculators therein, faceless, unaccountable and unelectable, are given such enormous power by the political establishments in all the countries of the European Union that they dictate economic policy, including savage cuts in society such as services to children with special needs. Members of the Labour Party will troop into the lobbies and bend the knee to this economic dictatorship. The Government has a choice. It is the choice to say it will not implement this rotten system but will fight it and change the financial system by demanding that the financial institutions are brought under public ownership and the democratic control of the people of Ireland and Europe and the economy remade in order that resources are not used for gambling and private profiteering but for investment in social objectives for society and the creation of tens of thousands of jobs here and millions of jobs in Europe. This is how we recreate and remake a society that can afford the services we need, whether in health or education or to take care of our more vulnerable children. That is the choice. Unfortunately, the Government has chosen to continue to worship the dictatorial market system, the result of which is what is happening to our children and services.

Deputy Stephen Donnelly: It was amazing to see hundreds of people on the streets today. They were parents, children, special needs assistants, teachers and principals. This was a day on which to be proud of the Irish people who are faced with what we all agree are horrendous cuts. I spoke with a lady named Carol and her daughter, Katie, who is deaf. With the use of technology and the assistance of her special needs assistant, Katie is fully integrated in mainstream education and will, I hope, have a fantastic education. I spoke to another mother from Bray, who asked for her name not to be used, and her son, Cian, who is autistic and suffers 602 Special Educational 13 July 2011. Needs: Motion (Resumed) from attention deficit hyperactivity disorder. The only way Cian can go to school is with the special needs assistant he has been allocated for two hours each day. Although his mother had to give up her job to mind him for the rest of the day, Cian is thankfully able to attend school as a result of the introduction of special need assistants and the policy of mainstreaming. His mother is waiting to be informed of whether Cian will have support in September. Today’s protest made clear that cuts to special needs assistants affect the most vulnerable in society, namely, the parents of children with special needs and their children. While some Deputies may disagree on certain issues, all of us agree that this is an extremely serious issue. I propose to address the Government amendment, on which the House will divide in a few moments. While the amendment focuses exclusively on positives, of which there have been many in recent years in the area of special educational needs, it does not get to the heart of the reason the Technical Group tabled the motion and certainly the reason I chose to become involved in it. This is the decision to cut 272 special needs assistant posts. I have spoken to some of the SNA teachers who will lose their posts. The amendment does not acknowledge the fear felt by many people. Today’s fantastic protest featured face-painting, balloons and good speeches but there was also fear. I am disappointed the Government amendment and the Minister of State, Deputy Sherlock, did not address this fear and wish the Government would do so. The Government is hiding behind the International Monetary Fund. Its amendment states that Dáil Éireann “notes that the cap on Special Needs Assistants was introduced by the previous Government when Ireland entered the Programme of Financial Support with the EU and IMF”. The Government has made great play of its decision to change various measures. It has reversed the minimum wage reduction, which is good. It has room to manoeuvre in this instance. Therefore, I ask it to stop hiding behind the IMF on this issue. There are many teachers, former teachers and principal teachers in the House and I bow to their superior knowledge of the intricacies of the special needs assistants scheme and the various changes that could be made to make it even better. My background is in financial analysis and public sector reform and my observations are as follows. With regard to the allocation of money, 272 SNA posts cost approximately €10 million a year. When one factors in the social welfare costs associated with the 272 people being made redundant, we are probably talking about a saving of €5 million a year. Next September the Government will write a cheque for €706 million to unguaranteed, anonymous Anglo Irish Bank bondholders. That cheque would pay for the 272 posts for the next 140 years. In terms of priority, I urge the Government and plead with it to look at the very small costs involved, the real fear among families and the real benefit that extra €5 million could bring and change its position. This should be a good news story. Fantastic changes will be made in the next few years. Changes have been suggested in the Chamber today that need to be made. However, this is turning very quickly into a bad news story. What could be fantastic is turning into a cut on the most vulnerable in our society that does not need to be made. I say three things to Government Deputies before they vote on the amendment: first, they should stop hiding behind the IMF on this issue; second, they should acknowledge the pain and fear being caused by the proposed cut of 272 posts; and, third, they should, please, reallocate the funding, as it is a tiny amount of money. Today’s protest was something of which to be proud. We should be proud of SNAs, the system and its potential. Therefore, I urge the Government to reconsider its position and reinstate the SNA posts. It is within its power to do this. A small amount of money could make a huge difference. Let the parents, principals and teachers know now in order that they do not spend the next few months wondering if children will be able to attend school in September. 603 Special Educational 13 July 2011. Needs: Motion (Resumed)

Amendment put:

The Dáil divided: Tá, 103; Níl, 47.

Tá

Bannon, James. Kelly, Alan. Barry, Tom. Kenny, Enda. Breen, Pat. Kenny, Seán. Broughan, Thomas P. Kyne, Seán. Bruton, Richard. Lawlor, Anthony. Buttimer, Jerry. Lynch, Ciarán. Byrne, Catherine. Lynch, Kathleen. Byrne, Eric. Lyons, John. Cannon, Ciarán. McCarthy, Michael. Carey, Joe. McEntee, Shane. Coffey, Paudie. McFadden, Nicky. Collins, Áine. McGinley, Dinny. Conaghan, Michael. McHugh, Joe. Conlan, Seán. McNamara, Michael. Connaughton, Paul J. Maloney, Eamonn. Conway, Ciara. Mathews, Peter. Corcoran Kennedy, Marcella. Mitchell, Olivia. Costello, Joe. Mitchell O’Connor, Mary. Coveney, Simon. Murphy, Dara. Creed, Michael. Murphy, Eoghan. Creighton, Lucinda. Nash, Gerald. Daly, Jim. Nolan, Derek. Deasy, John. Noonan, Michael. Deenihan, Jimmy. Ó Ríordáin, Aodhán. Deering, Pat. O’Donnell, Kieran. Doherty, Regina. O’Donovan, Patrick. Donohoe, Paschal. O’Dowd, Fergus. Dowds, Robert. O’Mahony, John. Doyle, Andrew. O’Reilly, Joe. Durkan, Bernard J. O’Sullivan, Jan. English, Damien. Penrose, Willie. Farrell, Alan. Perry, John. Feighan, Frank. Phelan, Ann. Ferris, Anne. Phelan, John Paul. Fitzgerald, Frances. Rabbitte, Pat. Fitzpatrick, Peter. Reilly, James. Flanagan, Terence. Ring, Michael. Gilmore, Eamon. Ryan, Brendan. Griffin, Brendan. Shatter, Alan. Hannigan, Dominic. Sherlock, Sean. Harrington, Noel. Shortall, Róisín. Harris, Simon. Spring, Arthur. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Heydon, Martin. Timmins, Billy. Hogan, Phil. Tuffy, Joanna. Howlin, Brendan. Twomey, Liam. Humphreys, Heather. Varadkar, Leo. Humphreys, Kevin. Wall, Jack. Keating, Derek. Walsh, Brian. Keaveney, Colm. White, Alex. Kehoe, Paul.

Níl

Adams, Gerry. Cowen, Barry. Boyd Barrett, Richard. Crowe, Seán. Browne, John. Daly, Clare. Calleary, Dara. Doherty, Pearse. Collins, Joan. Donnelly, Stephen. Collins, Niall. Dooley, Timmy. Colreavy, Michael. Ellis, Dessie. 604 Special Educational 13 July 2011. Needs: Motion (Resumed)

Níl—continued

Ferris, Martin. McLellan, Sandra. Flanagan, Luke ‘Ming’. Moynihan, Michael. Fleming, Sean. Murphy, Catherine. Fleming, Tom. Ó Caoláin, Caoimhghín. Grealish, Noel. Ó Cuív, Éamon. Halligan, John. Ó Fearghaíl, Seán. Healy, Seamus. Ó Snodaigh, Aengus. Healy-Rae, Michael. O’Brien, Jonathan. Higgins, Joe. O’Sullivan, Maureen. Kelleher, Billy. Pringle, Thomas. Kirk, Seamus. Ross, Shane. Kitt, Michael P. Smith, Brendan. Mac Lochlainn, Pádraig. Stanley, Brian. McGrath, Finian. Tóibín, Peadar. McGrath, Mattie. Troy, Robert. McGrath, Michael. Wallace, Mick. McGuinness, John.

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

Amendment declared carried.

Question put:

The Dáil divided: Tá, 103; Níl, 45.

Tá

Bannon, James. Fitzpatrick, Peter. Barry, Tom. Flanagan, Terence. Breen, Pat. Gilmore, Eamon. Broughan, Thomas P. Griffin, Brendan. Bruton, Richard. Hannigan, Dominic. Buttimer, Jerry. Harrington, Noel. Byrne, Catherine. Harris, Simon. Byrne, Eric. Hayes, Brian. Cannon, Ciarán. Hayes, Tom. Carey, Joe. Heydon, Martin. Coffey, Paudie. Hogan, Phil. Collins, Áine. Howlin, Brendan. Conaghan, Michael. Humphreys, Heather. Conlan, Seán. Humphreys, Kevin. Connaughton, Paul J. Keating, Derek. Conway, Ciara. Keaveney, Colm. Corcoran Kennedy, Marcella. Kehoe, Paul. Costello, Joe. Kelly, Alan. Coveney, Simon. Kenny, Enda. Creed, Michael. Kenny, Seán. Creighton, Lucinda. Kyne, Seán. Daly, Jim. Lawlor, Anthony. Deasy, John. Lynch, Ciarán. Deenihan, Jimmy. Lynch, Kathleen. Deering, Pat. Lyons, John. Doherty, Regina. McCarthy, Michael. Donohoe, Paschal. McEntee, Shane. Dowds, Robert. McFadden, Nicky. Doyle, Andrew. McGinley, Dinny. Durkan, Bernard J. McHugh, Joe. English, Damien. McNamara, Michael. Farrell, Alan. Maloney, Eamonn. Feighan, Frank. Mathews, Peter. Ferris, Anne. Mitchell, Olivia. Fitzgerald, Frances. Mitchell O’Connor, Mary. 605 School 13 July 2011. Books

Tá—continued

Murphy, Dara. Reilly, James. Murphy, Eoghan. Ring, Michael. Nash, Gerald. Ryan, Brendan. Nolan, Derek. Shatter, Alan. Noonan, Michael. Sherlock, Sean. Ó Ríordáin, Aodhán. Shortall, Róisín. O’Donnell, Kieran. Spring, Arthur. O’Donovan, Patrick. Stagg, Emmet. O’Dowd, Fergus. Stanton, David. O’Mahony, John. Timmins, Billy. O’Reilly, Joe. Tuffy, Joanna. O’Sullivan, Jan. Twomey, Liam. Penrose, Willie. Varadkar, Leo. Perry, John. Wall, Jack. Phelan, Ann. Walsh, Brian. Phelan, John Paul. White, Alex. Rabbitte, Pat.

Níl

Adams, Gerry. Kirk, Seamus. Boyd Barrett, Richard. Kitt, Michael P. Calleary, Dara. Mac Lochlainn, Pádraig. Collins, Joan. McGrath, Finian. Collins, Niall. McGrath, Mattie. Colreavy, Michael. McGrath, Michael. Cowen, Barry. McGuinness, John. Crowe, Seán. McLellan, Sandra. Daly, Clare. Moynihan, Michael. Doherty, Pearse. Murphy, Catherine. Donnelly, Stephen. Ó Caoláin, Caoimhghín. Dooley, Timmy. Ó Fearghaíl, Seán. Ellis, Dessie. Ó Snodaigh, Aengus. Ferris, Martin. O’Brien, Jonathan. Flanagan, Luke ‘Ming’. O’Sullivan, Maureen. Fleming, Sean. Pringle, Thomas. Fleming, Tom. Ross, Shane. Grealish, Noel. Smith, Brendan. Halligan, John. Stanley, Brian. Healy, Seamus. Tóibín, Peadar. Healy-Rae, Michael. Troy, Robert. Higgins, Joe. Wallace, Mick. Kelleher, Billy.

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

Question declared carried.

Adjournment Debate

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School Books Deputy Michael Healy-Rae: The cost of school books has been a sore issue for parents and students for generations. In today’s harsh economic climate the high costs have never been more relevant. School book publishers have always defended their prices, quoting the high development costs of a new book and the high printing costs to name but two factors. Edu- cate.ie, a subsidiary of Walsh Colour Print, entered the publishing market last year and took 70% off the cost of books of past examination papers. A total of 420 schools purchased books 606 School 13 July 2011. Books of examination papers from educate.ie. Straight away, Smurfit Edco and Folens were able to reduce the prices of their past examination papers by up to 30%. They did not reduce their textbook prices because there is no real competition in the marketplace. The Minister met with the publishers and they refused to lower the cost of text books. Did he ask them why they were able to reduce the cost of past examination papers when they had to compete with educate.ie? Is the Minister aware that the publishers have plans to reduce the cost of their examination papers even further again this year to force educate.ie out of the market? I urge him to ask the Competition Authority to investigate the action of Smurfit Edco and Folens in this regard. Educate.ie has just published five new textbooks. Their books are now on book lists across the country. Even the highly prestigious Blackrock College has one of its books on the school’s book list. A total of ten new titles will be added every year until the syllabus is covered. The entire syllabus will be covered over the life of this Dáil. All of the textbooks will cost €12 or less. I question why the Minister is talking to publishers that have ripped off the Irish public for generations but he will not talk to educate.ie. He refused to meet the company at the TUI conference in Tralee and he refused to meet them last month in Dublin. Is the Minister aware that educate.ie textbooks would be cheaper than second-hand books in the proposed book rental scheme and that the State would have to pump in excess of €50 million into any meaningful book rental scheme? Why does the Minister not work with educate.ie or other such companies to save the country millions? If that were to happen pupils would be able to afford their own new books and not have to make do with ragged hand- me-downs. Is the Minister aware that publishers add more than 1,000% onto the cost of printing a school book? Most of the printing work goes abroad. Is he also aware that publishers are one of the parties that have run the Irish printing industry into the ground? Is he further aware that €100,000 was spent on the development of educate.ie’s new biology book which only costs €12 compared to €36 for a textbook by established publishers? Surely meaningful competition is the only long-term answer not pumping millions into a book rental scheme. I previously raised the issue in April. I thank Mr. Ferghal Blaney who rightly reported the matter on the front page of the Irish Daily Mail.

It is astonishing to read the headline: “[P]arents charged up to €40 for books now on sale for just €12.” At a time when parents are struggling to make ends meet and to educate their children properly, surely it is of major importance to this Government and to the junior Mini- ster who is here — I appreciate his being here — to ensure the market is opened up and that we do not have a cosy cartel, which is what we have had in the past. What has gone on in the past is wrong; it is a rip-off. Parents have been robbed. I would appreciate it greatly if the Government would do something about this. If it is to do one good thing for the parents of schoolchildren, it should be to bring down the cost of books.

I am not here to advocate on behalf of educate.ie just because it is a company from Castle- island, County Kerry, providing much needed jobs, which of course we appreciate. I am not just flying the flag of one company. If there are other companies in the printing business that can compete, it should be opened up; the more competition the better. However, these publishers have led the way in proving that they can produce a high-quality product at a knock- down price while providing jobs for people in our country rather than sending the printing abroad as has happened in the past. I would appreciate support from the Government in this regard. 607 Land 13 July 2011. Reclamation

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Iam taking this matter on behalf of my colleague, Deputy Ruairí Quinn, the Minister for Education and Skills. I thank the Deputy for raising the matter and providing an opportunity to outline the position with regard to the cost of school books. I am aware of the concern expressed by many parents and organisations, including the Society of St. Vincent de Paul, about the high cost of school books and the frequent rate of revisions by book publishers. In response to a recent parliamentary question, the Minister stated his intention to meet with book publishers and representatives of parents to discuss this important issue in greater detail. The Minister met with representatives of parents, the Society of St. Vincent de Paul and the Irish Book Publishers’ Association on 22 June. All members of the Irish Book Publishers’ Association, including educate.ie, were invited to send a representative to the meeting with the Minister; however, no representative from that company expressed an interest in attending. The meetings provided an opportunity to obtain the views of these groups. At the meeting with publishers, the Minister urged them to minimise the number of changes in textbooks, to avoid the publication of new editions where only minor changes were involved and to consider closely the cost of the books they supply to the market. The publishers have agreed to reflect on the concerns raised by the Minister and he is currently awaiting a formal response from them. The Minister is currently examining how best to encourage schools to establish book rental schemes, and has asked the National Parents’ Council to provide him with examples of good practice they have encountered in this regard, which he intends to circulate to schools. The Department of Education and Skills has provided grants of €15 million this year to first- and second-level schools towards the cost of school books. Primary schools received a per capita grant of €11, or €21 in the case of pupils enrolled in DEIS schools, while second-level schools received a grant of €24 per pupil, or €39 in the respect of pupils enrolled in DEIS schools. Apart from a small number of prescribed texts at second-level, mainly in the case of language subjects, decisions on textbooks are taken at school level, so it may be necessary to encourage individual schools to take a more cost-conscious approach to the selection of books in their classes. I sympathise with parents who are experiencing difficulty in paying for school books. The harsh economic reality means money is tight for many parents. It is for precisely for that reason the Minister will continue to encourage schools to establish book rental schemes as the most effective means of lowering the cost of books for all students. Many schools are already using the funding for books provided by the Department to operate successful rental schemes. I thank Deputy Healy-Rae for affording me the opportunity to respond on this matter.

Land Reclamation Deputy Nicky McFadden: I thank the Minister, Deputy Hogan, for being here. I wish to raise the matter of land reclamation drainage works with reference to proposed new legislation requiring farmers to apply for planning permission for drainage of wetlands. Proposals under the Planning and Development (Amendment) (No. 2) Regulations 2011 will require farmers to apply for planning permission for drainage of wetlands, while the reclamation of farmland will in some instances require the approval of the Department of Agriculture, Fisheries and Food. I understand responsibility for this matter rests with both the Department of the Envir- onment, Heritage and Local Government and the Department of Agriculture, Fisheries and Food. To avoid EU fines of between €4,000 and €33,000 per day after 23 July, regulations are currently being prepared by the Departments. Farm bodies have expressed serious concerns 608 Land 13 July 2011. Reclamation over these reclamation rules, and I would like to highlight these concerns and ask that they be taken into serious consideration in advance of a final decision. Farmer representatives were informed by officials on Friday that farmers with certain types of wetland will be required to seek full planning permission from their county councils for land drainage activities where the area exceeds 0.1 ha., or a quarter of an acre. A full-scale environmental impact assessment, EIA, will be required for drainage work on more than 2 ha. — around 5 acres — of wetland. The organisations were told the new restrictions would apply to the Shannon Callows, turloughs, swamps, marshlands and river flood plains. If the screening shows that the work will have an impact on the environment, then a full EIA will be required. The removal of field boundaries such as hedges, the recontouring of land by infill, the use of uncultivated land or semi-natural areas for intensive agriculture and drainage and irrigation will all require Department clearance above a given area or threshold. Farmer representatives were also told that the new regime would apply to all lands and not just to ground that is deemed eligible under the single farm payment, SFP, scheme. However, farmers found to be in breach of the new rules could be subject to SFP fines under cross-compliance requirements. The proposed change to the planning regulations under the Planning and Development (Amendment) (No. 2) Regulations 2011 is driven by a European Court of Justice ruling dating back to November 2008. This ruling found that Ireland’s system of EIA screening for certain categories of agriculture and aquaculture-related projects was in breach of EU directives. I met representatives from the Irish Cattle and Sheep Farmers’ Association in my constituency office on Monday and they expressed serious concern that land improvement projects would be shelved if the legislation as proposed went through. They would like clarification from the Minister for Agriculture, Fisheries and Food about the threshold levels and they wish to ensure the legislation will not prevent farmers from enlarging and developing their businesses. The issue should also be raised at the next EU Council of Ministers meeting so that a practical solution can be agreed between Ireland and the EU. Clarification is also needed on how much farmers will need to pay in order to apply for planning permission and to acquire EIAs. While I recognise the importance of protecting the environment, we need to make sure there is not a bureaucracy overload that will result in farmers being unable to make improvements to their land. Worthwhile reclamation projects may be abandoned if the cost of an assessment is too high or if there is too much red tape to get through. We need land improvement measures to be made if the export targets of Food Harvest 2020 are to be reached. Any legislation introduced needs to take into account the significant contribution farming makes to the economy and the need to avoid unnecessary financial burdens on farmers.

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I am progressing new planning regulations through both Houses which are required to deal with a judgment of the European Court of Justice in case C-66/06. The court found that in this case Ireland’s system of environmental impact assessment for screening certain categories of agriculture and aquaculture related projects was over-reliant on size thresholds and did not take into account other relevant criteria such as the cumulative impacts of development and the location relative to sensitive sites. The environmental impact assessment directive requires member states to provide, in respect of projects or levels of development set out in annexe I of the directive, for an environmental impact assessment to be carried out before consent is given for a project to proceed. In respect of projects or levels of development set out in annexe II, the directive requires EU member states to determine through a case-by-case examination or the setting of national thresholds or criteria — which Ireland has done — whether the project needs to have an assessment carried out prior to a decision being made on whether consent should be given. 609 Hospital 13 July 2011. Services

[Deputy Phil Hogan.]

The activities affected by the judgment are the restructuring of rural land holdings, the use of uncultivated land or semi-natural areas for intensive agriculture and water management projects for agriculture, including irrigation and land drainage. The court decision necessitates a major reduction in the thresholds, both for the mandatory carrying out of assessments and screening of assessments of projects under the mandatory thresholds. In future certain activities, namely, the removal of field boundaries, converting semi-natural areas to engage in intensive agriculture and ordinary field drainage, will be regulated through a new consent process to be operated by the Department of Agriculture, Fisheries and Food. The drainage of wetlands will be retained to be dealt with in the planning system. The principal purpose of the new planning and development regulations is to reduce the exempted development threshold for the drainage of wetlands from 20 ha to 0.1 ha and to reduce the threshold for a mandatory environmental impact assessment of the drainage of wetlands from 20 ha to 2 ha. The threshold of 0.1 ha in the case of planning permission will allow for minor access works and maintenance. Any more substantial development will require screening for an environmental impact assessment as part of a planning application. The revised thresholds have not been arbitrarily chosen by the State. The European Com- mission has advised of numerous instances where significant damage to the environment has occurred on wetlands, even on a very small scale. For example, lands drained by a small ditch can severely impact on the local environment. The Commission concluded, following lengthy and detailed discussions with the two Departments, that the only way to fully provide for environmental impact assessment screening was to set the threshold at a level that would exempt only de minimis activities. Planning applications will be required in respect of drainage works below the planning threshold of 0.1 ha in cases where the drainage would have a significant effect on the environment. Similarly, an environmental impact statement will be required in the case of planning applications in respect of the drainage of wetlands below 2 ha in cases where it is determined that the drainage would have a significant effect on the environment. Specific guidance is being prepared by the two Departments to provide advice for planning authorities, farmers and other interested parties. I understand the concerns of the farming community as articulated by the Deputy and the need to ensure an overly bureaucratic regime is not established. The State, however, must respond quickly and comprehensively to the judgment of the European Court of Justice. Other- wise, Ireland will be the subject of serious fines imposed by the Commission.

Hospital Services Deputy Liam Twomey: The cardiac catheterisation laboratory, cath lab, at Waterford Regional Hospital offers patients in the south east vital cardiology services such as coronary angiography, the provision of pacemakers and stents and implanting defibrillators in patients who suffer from a range cardiac conditions. The service has only been operational for three years. Prior to this, patients in the south east had to wait weeks to have these procedures completed in either a Dublin or Cork hospital. These treatments are well advanced. For example, in Dublin a heart attack patient will have a stent inserted into his or her arteries within three hours of presenting in hospital. The cath lab in Waterford may have to return to the old-fashioned treatment of giving clot-busting drugs instead if its times are reduced from five days a week to two, which would be a regressive move. Such a move would also discrimi- nate against patients in the south east because there are no plans to reduce similar services in any other part of the country. Will the Minister for Health stop this move to reduce the laboratory’s times which will put patients at risk? 610 Hospital 13 July 2011. Services

This is one reason the Minister should get rid of the Health Service Executive, HSE, and change health service delivery. Under the old health board structure, health services in the south east were under-resourced. When the HSE was established, it was to ensure patients in every part of the country would have equal access to services. This policy has failed utterly. When it comes to saving money, the HSE goes for the soft option of closing down efficient services in the south east. The cath lab in the south east can be provided at a lower cost but with the same quality of care provided in a similar laboratory in Dublin. Patients in the south east are also entitled to the same access to such a service as patients in any other part of the country. Will the Minister insist on the HSE re-examining where it is reducing health services? If the cath lab in Waterford is closed, patients will be lying on beds in hospitals in Kilkenny, Clonmel and Wexford waiting to be transferred by ambulance to Dublin. Not only will this lead to a waste of resources in hospitals in the south east but patients will also be put at increased risk of having another cardiac event. A patient not treated in a timely manner will be left with more damage to his or her heart muscle and overall health. The attempt to reduce hours at this cath lab shows the HSE is not fit for purpose. It does not think radically about how it can improve the delivery of services or patient care. It simply closes down services that are easy to close instead of going after overall wastage in the health service. Has the Minister received a proper reply from the HSE on why this service has been reduced? This provides an opportunity to examine how health services are run. The HSE is closing down services willy-nilly just because it suits it. Government policy is to see money following the patient. We need to pay all hospitals fixed amounts of money to provide services relative to the population size they serve. For example, 500,000 people live in the south east. The cath lab in Waterford should be expected to perform so many procedures a year relative to a population of 500,000. It should, accordingly, be allocated a budget to enable it to do this. Additional payments should be made to hospitals which are more efficient and delivering quality care and low cost services in order that they can undertake more procedures. Under the current system, hospitals or regions are given lump sums and informed that they should spend these moneys over the course of a year. When they run short of funds, they are told to simply cut services. That represents the worst form of management. I became very annoyed when I discovered that the service to which I refer is to be cut, particularly when people spent years fighting to secure it.

Deputy Ciarán Cannon: I thank the Deputy for raising this important matter, to which I am replying on behalf of the Minister for Health, Deputy Reilly. I assure the Deputy that the HSE has no plans to reduce cath lab services from the current level of provision. We all recognise that, in the particularly difficult circumstances the country is facing, hospitals are facing financial challenges in delivering acute services. Waterford Regional Hospital, like all other hospitals, must face these challenges in order to comply with its statutory obligations and remain within its allocated and agreed budget. That is no easy task. Waterford is pivotal to the provision of acute services in the south-east hospital network. Within a budget of almost €133 million and with a staff of over 1,700, the hospital’s 2011 service plan sets out targets for the treatment of 23,000 inpatients, almost 20,000 day cases and over 149,000 outpatient attendances. Waterford Regional Hospital has been achieving savings, through a variety of approaches to obtain better value for money. It is continuing to introduce efficiencies in how it carries out its business. For 2011, there is an increased focus on maximising income collection, a reduction in agency staffing, seasonal bed closures and the elimination of unrostered overtime. Other approaches include reductions in overtime and staff travel and subsistence, better use of generic 611 Hospital 13 July 2011. Services

[Deputy Ciarán Cannon.] drugs, more efficient use of locum doctors, using procurement deals negotiated nationally and implementing initiatives introduced under the public service agreement. Significant investment continues at the hospital. The cardiac catheterisation laboratory — or cath lab — which is the subject of this Adjournment matter, was officially opened last year. Waterford Regional Hospital is now the designated regional cardiology intervention centre for a catchment area of over 460,000 people. HSE south prioritised the development of the cath lab to a five-day service in 2011 because it was recognised that the service needed expansion in order to support all the hospitals in the network. Additional funding of over €1 million has been provided to HSE south — bringing overall funding to almost €2.5 million — so that a five-day service might be provided at the lab. The Minister is pleased to confirm that the capacity of this service will be further developed as resources allow. This will assure Waterford Regional Hospital’s role as a major centre for the diagnosis and treatment of cardiac disease. As with all acute services, it is a matter for the hospital to ensure that the service is delivered in an efficient and effective manner within the agreed budget and in the context of the staff complement provided. The Minister is not aware of any intention to reduce the service from the funded five-day per week model. He welcomes the HSE’s plan — details of which have been communicated to the Department of Health — to continue to run the lab on a five-day basis for the remainder of the year in line with its funding and service plan requirements.

Deputy Catherine Murphy: I thank the Ceann Comhairle for allowing me to raise this matter. There appears to be a serious problem at St. James’s Hospital, which is a centre of excellence for the provision of cancer care. I was contacted by three men in the past couple of weeks who have all been diagnosed with prostate cancer and all of whom require surgery. In the middle of May, one was informed that his surgery would take place in six weeks. Now his procedure has been postponed until the end of July. However, it is not definite that it will be carried at that time. Another of the men to whom I refer was due to go for surgery this week but he has been told to ring on the day before or on the morning on which the procedure is scheduled to take place. This individual has been informed that the procedure may, in fact, be postponed. The third man by whom I was contacted is awaiting a date but has been told that he should not worry because his cancer is of a type which is slow to develop. The difficulty is that this person has been informed by some individuals that there can be a delay of months in respect of the surgery he requires. He has been told that he should not worry but how can one not worry when one has been diagnosed with cancer and when one requires surgery? That is non- sensical. As already stated, St. James’s Hospital has been designated as a centre of excellence. Patients were diverted from St. Luke’s in order to ensure that there would be such a centre and a major argument developed in respect of that matter. If better outcomes are to be achieved, adequate resources must be provided, particularly in acute situations such as that to which I refer. What is the point in obtaining an early diagnosis if such a diagnosis is not responded to? Everyone will remember the well-publicised controversy which arose a number of years ago in respect of cancer diagnoses. My husband was diagnosed with colon cancer some years ago, a few weeks after I was first elected to the House. He is doing very well now but one of the lessons I learned from what happened to him is that once the surgery was carried out, it was possible for him to adopt a positive mental attitude because he was not focusing on his cancer but rather on his recovery. The men to whom I refer are not being allowed to focus on their recoveries. There is something seriously wrong when we have designated a centre of excellence and when certain surgeries cannot be carried out there. I telephoned St. James’s Hospital and spoke 612 Hospital 13 July 2011. Services to a nurse in the admissions section of the relevant unit. I felt sorry for her. She informed me that she is on the front line and that every day she is obliged to postpone operations and deal with the people who are continually arriving — by ambulance and by other means — from different places throughout the country. She is completely frustrated. It is not, therefore, just a case of my being informed by the three men to whom I refer that a difficulty exists. A person who works on the front line at the hospital informed me that there is a serious problem there. I request that the Minister talk to the people who run St. James’s Hospital in order that he might be satisfied that the service to which I refer can be provided to those who require it. This matter does not even relate to cutting costs. The longer someone must wait for surgery, the longer he or she is out of work and the longer his or her recovery will take. It is not a question of money, there is something seriously wrong with regard to the way the service in question is being delivered.

Deputy Ciarán Cannon: I am taking this matter on behalf of my colleague, the Minister for Health, Deputy Reilly. I welcome the opportunity to address the House on the provision of cancer services, including surgery, at St. James’s Hospital. The burden of cancer continues to increase. This year, approximately 24,000 people will be diagnosed with invasive cancer. Each year an average of over 2,600 men are diagnosed with prostate cancer, making it the most common cancer in Irish men other than non-melanoma skin cancer. While approximately 500 men die from the disease each year, it is encouraging to note that estimated five-year relative survival for those diagnosed with prostate cancer in Ireland is now over 89%. The HSE’s national cancer control programme aims to address the challenge of cancer in Ireland. The programme’s goals are better cancer prevention, detection and survival through a national service based on evidence and best practice. St. James’s Hospital is one of the eight designated cancer centres under the programme. It provides cancer diagnosis, including a rapid- access prostate clinic which is designed to enhance access to early diagnosis and multi- disciplinary decision-making, surgery and medical oncology. Radiation oncology services are now also provided on the St. James’s campus in a new unit opened in April 2011. This unit, St. Luke’s Hospital and a second new unit on the site of Beaumont Hospital form the St. Luke’s radiation oncology network. The development of this network means an overall increase of 50% in radiation oncology capacity over what had previously been available in the eastern region. The new centres reflect the latest advances, equipment and expertise available internationally. In recent weeks St. James’s Hospital has experienced a significant number of patients awaiting discharge to community beds. This means that fewer beds have been available for emergency or elective accommodation and this had knock-on effects in respect of scheduling of elective surgery, including treatment for prostate cancer. With regard to prostate cancer surgery at the hospital, the national cancer control programme has advised that of the 40 elective urology surgeries booked at the hospital between 1 June and 11 July this year, seven were cancelled. In one instance, the cancellation was due to the fact that the patient did not attend. One of the seven patients affected by the cancellations has already been admitted and treated, while the other six have a date for surgery within the coming three to four weeks. I am pleased to say, on behalf of the Minister, that the hospital now anticipates an improvement in access to prostate surgery as the number of delayed discharges declines. The latest delayed discharge report already shows a reduction in the number of delayed discharges nationally. The Minister has been advised that the HSE has approved 25 patients 613 The 13 July 2011. Adjournment

[Deputy Ciarán Cannon.] for transfer from St. James’s Hospital under the nursing homes support scheme since early July. These transfers are now being effected, which will reduce congestion and allow elective prostate cancer surgery to proceed. It is also important to note that St. James’s Hospital has confirmed that there is no issue in respect of the resourcing of necessary surgical capacity for these patients or for other cancer patients.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 14 July 2011.

614 Questions— 13 July 2011. Written Answers

Written Answers.

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

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Questions Nos. 1 to 18, inclusive, answered orally.

International Organisations 19. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade the way in which Ireland hopes to contribute to stability and democratic development in Europe through its chairmanship of the OSCE in 2012. [20084/11]

50. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the involvement he anticipates for his Department in Ireland’s presidency of the Organisation for Security and Cooperation in Europe. [19804/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 19 and 50 together. Ireland assumes the Chairmanship of the Organisation for Security and Cooperation in Europe (OSCE) in January 2012 for one year. Comprising 56 participating States from Europe, Central Asia and North America, the OSCE deals with a range of issues in areas such as democratisation, human rights, arms control and conflict resolution. Since the fall of the Berlin Wall, the OSCE has contributed enormously to stability and democratic development in Europe. Its 16 field operations in the Western Balkans, Eastern Europe and Central Asia undertake important work in effecting positive change on the ground and helping in a real way to improve the lives of people. The Organisation’s human rights bodies, such as the Office of Democratic Institutions and Human Rights and the High Commissioner on National Minorities work to nurture and promote democracy and human rights in the region. This is the first time Ireland will chair the organisation. The Chairmanship represents an excellent opportunity for Ireland to set the OSCE’s agenda and to provide fresh impetus and leadership. It is also consistent with this country’s strong commitment to multilateralism and the promotion of human rights and democratic values. Last month, I travelled to Vienna to address the OSCE’s Permanent Council on Ireland’s plans for its Chairmanship next year. I told the Council that Ireland’s approach to the Chairmanship will be pragmatic, ensuring balance and coherence to the work of the Organisation across its many areas of activity. Free- 615 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] dom of the media, in particular internet-based media, and good governance will be among the thematic priorities that Ireland aims to focus on next year. The Chairmanship will also provide us with an opportunity to contribute to the OSCE’s role in conflict prevention and resolution, drawing both on our experiences from the Northern Ireland peace process and on our well-established international reputation in this area. A number of protracted conflicts remain unresolved in the region, including in the Southern Caucasus and Transnistria. As OSCE Chair, Ireland will make every effort to facilitate resolution efforts within the existing agreed formats. I intend to visit the region next year to investigate at first hand what might be done to make progress in resolving these conflicts and I also plan to appoint a Special Representative to assist me in this work. Finally, Ireland will contribute to the ongoing reconciliation process in the Western Balkans through support for the OSCE field operations there and through ensuring cooperation between the EU and the OSCE in this region. Regarding the question of the role of my Department in the OSCE Chairmanship, as Mini- ster for Foreign Affairs, I will be the Chairperson-in-Office for the duration of our Chairman- ship and bear overall responsibility for the executive action of the organisation and the co- ordination of its activities. My officials have been working on preparations for our Chairman- ship since last summer and a dedicated OSCE Task force has been established within my Department. In addition, a team of officials will be working at Ireland’s OSCE Mission in Vienna. Ireland has been an active participant in the OSCE since its origins in the 1970s and we have always viewed the organisation as a cornerstone of peace, security and prosperity in Europe and Central Asia. I greatly look forward to the challenge of our Chairmanship in 2012.

Human Rights Issues 20. Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had any contact with the Department of Health in relation to the plight of Irish trained doctors in Bahrain; his views on whether it would be useful for the Department of Health to engage with the Royal College of Surgeons in Ireland on this matter in view of the influence the RCSI has in Bahrain; and if he will make a statement on the matter. [20082/11]

34. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Foreign Affairs and Trade if he has communicated directly with the Bahraini head of state King Hamad bin Isa al-Khalifa or with his Bahraini counterpart in the Bahrain administration concerning the ongoing plight of Irish trained doctors imprisoned in Bahrain. [20080/11]

35. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to secure the safety and liberty of doctors and medical personnel trained here and now facing trial and imprisonment by the Bahraini authorities; and if he will make a statement on the matter. [20110/11]

46. Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs and Trade if he has had direct communication with the Bahraini authorities regarding the human rights situation in Bahrain. [20081/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 20, 34, 35 and 46 together. I have already outlined my concerns to this House about the ongoing detention and trial of forty eight medical personnel, a number of whom were trained by the RCSI and also worked in Ireland at one stage. I have called clearly for such personnel to be released, unless charged 616 Questions— 13 July 2011. Written Answers or unless the Bahraini authorities can present clear evidence that they may have committed serious criminal offences, and for independent observers to be allowed monitor the ongoing legal proceedings. I welcome the fact that a considerable number of the medical personnel charged are no longer in custody and that a decision has now been taken to transfer the ongoing legal proceedings from a military to a civilian court. The Government has already relayed its concerns directly to the Bahraini authorities on this matter. Ambassador Holohan met on 20 June with the Bahraini Ambassador in Riyadh to inform him of my own deep concerns, and those of the Irish Government and people in relation to recent events. The Government has also been pressing for an active response at EU level. High Representative Ashton has issued a number of strong statements, most recently one on 1 July which welcomed the establishment of an independent international commission into the events of February and March. The Taoiseach also raised Bahrain at the European Council on 23-24 June, where Ireland succeeded in having a reference to the current unsatisfactory human rights situation in Bahrain, including the trials and sentencing of opposition members, made in the final Declaration. The Government will continue to convey its concerns in the fullest terms to the Bahraini authorities, through our Embassy in Riyadh and through EU and other appropriate channels. As regards the RCSI, I have already made clear that my Department has had contact with the RCSI in relation to the situation in Bahrain. I met Professor Cathal Kelly, the CEO of the RCSI, yesterday at his request to discuss the situation further. I am also aware that the Minister for Education and Science has met with Professor Kelly and the RCSI at their request. My understanding is that the Minister for Health has not had any discussions with the RCSI on Bahrain. It is important to recall that the RCSI is a private third-level institution which has its own relationships in Bahrain and which has been involved on a commercial basis in Bahrain for some years now. The medical campus and facilities which it operates there represent a very substantial investment which is of direct economic relevance to this country. I would further add that I regard the activities of the RCSI in assisting with the training of foreign medical personnel overseas as a highly worthwhile activity through which the College makes a significant contribution to the quality of life of millions of people around the world.

Question No. 21 answered with Question No. 14.

22. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade if he intends to lobby the Sri Lankan Government to lift the Prevention of Terrorism Act; if he intends to press the Sri Lankan Human Rights Commission to inform relatives when a citizen is arrested; if he will urge the Sri Lankan Government to adhere to a 2006 presidential directive by registering detainees, informing families and the human rights commission of the place of arrest and detention; and if he will urge the Government of Sri Lanka to allow the Red Cross full access to prisons where those still detained after the conflict are held. [20092/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The political and human rights situation in Sri Lanka continues to give cause for concern. Despite the best efforts of the United Nations and the wider international community, the Sri Lankan Govern- ment has to date refused to co-operate with the Panel of Experts appointed by UN Secretary General Ban ki-Moon and has failed to address the recommendations contained in their report. The Deputy has highlighted two of the recommendations made in the report: the call for the immediate repeal of the Emergency Regulations and for relatives of detainees to be informed when a citizen is arrested. I fully support these and the other recommendations made by the Panel of Experts. 617 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.]

I also support the additional suggestions put forward by the Deputy arising from the 2006 Presidential Directive which requires the registration of detainees with the Sri Lankan Human Rights Commission and informing their families and the Human Rights Commission of the place of arrest. I support granting access for the International Red Cross to all prison facilities in Sri Lanka. These issues will be covered in our ongoing bilateral contacts with the Sri Lan- kan authorities. It is important for the long term peace and stability of Sri Lanka that issues related to the conflict, including addressing the crimes of the past, are addressed as part of a comprehensive reconciliation process. Officials from my Department have conveyed this position to the Sri Lankan authorities both directly in bilateral contacts and in other multilateral fora, including through the European Union and at the UN Human Rights Council in Geneva. The promotion of human rights is a key element of the Government’s policy towards Sri Lanka. Ireland played an active part in the European Union decision in 2010 to suspend duty free access for Sri Lankan exports under the Generalised System of Preferences (GSP plus) after the Sri Lankan Government failed to deliver written undertakings on human rights conventions dealing with torture, children’s rights and political rights. I believe that the international community can play an important role in facilitating dialogue and reconciliation in Sri Lanka. I would again urge the government in Colombo to co-operate fully with the UN and address the recommendations made by the Panel of Experts.

Overseas Development Aid 23. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline his response to the rapidly emerging food crisis in Somalia; and if he will undertake to co-ordinate an intensive EU response to the crisis. [20079/11]

57. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the action he has taken or proposes to take unilaterally or in conjunction with his EU or UN colleagues to address the issues of starvation in the Horn of Africa; and if he will make a statement on the matter. [20344/11]

58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the degree to which the international community has addressed the issues arising from drought and associated issues in Kenya, Somalia, Ethiopia, Uganda and other countries in the region; if a review of long-term planning is required to deal with the situation now emerging; and if he will make a statement on the matter. [20345/11]

Minister of State at the Department of Foreign Affairs and Trade (Deputy Jan O’Sullivan): I propose to take Questions Nos. 23, 57 and 58 together. As Deputies will be aware from recent media coverage, Somalia and the Horn of Africa region more generally are experiencing the most severe food crisis in the world today. Between 10 and 12 million people in Somalia, Djibouti, Ethiopia, Kenya and Uganda are affected. The immediate cause of the crisis is a prolonged drought and the failure of at least two seasonal rains. Malnutrition across the region is at critical levels. There is particular concern about malnutrition rates among children and refugees fleeing Somalia for Kenya and Ethiopia. Large numbers of livestock are dying, leaving people without their main assets, at the same time as food prices are increasing dramatically. Displacement and refugee flows are increasing, especially from conflict-ridden Somalia. 618 Questions— 13 July 2011. Written Answers

The Government has been following the developing situation with great concern for several months. Earlier this year, in anticipation of the crisis which many experts had predicted, we pre-approved humanitarian support to the region of €4 million. This funding has been allocated to a range of partners including UN agencies, Concern, Trócaire, Goal and World Vision. It is being used to target some of the most vulnerable populations across the region through the provision of emergency food, water, sanitation and healthcare. Last week, as the situation deteriorated further, I approved an additional allocation of €400,000 for Concern, which will be used to provide food to 10,000 of the worst-affected people in Somalia, as well as treating 1,800 malnourished children in and around Mogadishu. I also approved the disbursal of €100,000 in funding to Trócaire for emergency livestock restocking, cash for work and waterhole rehabilitation in five regions of Kenya. Irish Aid has deployed 11 members of the Rapid Response Corps to humanitarian agencies working in Ethiopia, Kenya, Somalia and Uganda. The Corps is a roster of highly-skilled humanitarian specialists, who can deploy at short notice in the event of an emergency. Irish Aid officials, together with our Embassy in Addis Ababa, are in close contact with our humanitarian partners across the region, as well as with the United Nations and the authorities of the countries concerned. We are also working closely with the European Commission’s Humanitarian Affairs Department which is preparing a comprehensive response and has already announced the provision of over €5 million in funding for refugees arriving at the Dadaab camp in Kenya. Through these contacts, we are assessing the most pressing needs on the ground and the possibilities for further Government assistance in the days ahead.

Foreign Conflicts 24. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs and Trade if he will advise which way he will vote should Palestine seek recognition at the United Nations for a Palestinian state this September, if Palestine’s preferred option of resuming direct negotiations with Israel to achieve the state of Palestine through a comprehensive peace agreement does not materialise before then. [20090/11]

42. Deputy Luke ‘Ming’ Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade if Ireland will vote for a Palestinian state at the UN conference in September; and if he will make a statement on the matter. [19981/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 24 and 42 together. I refer the Deputy to my answer to the priority questions on this subject taken earlier. The continuing Israeli military occupation of the Palestinian Territories is at the heart of the unresolved Arab-Israeli conflict. The issues which have been critical for Israel for most of its history — the existence of the State of Israel and its right to live in peace and security — have for many years now been accepted in principle by most Arab and Palestinian opinion. It is the continuing Occupation, and the creation and growth of illegal settlements on the occupied lands, which are now the major obstacles to peace. I consider it an urgent priority objective, both for Ireland and the EU, to help achieve the end of the Occupation and the establishment of a sovereign Palestinian state, living in peace alongside Israel. This has been the consistent view of Irish Governments since 1980. It is indeed long overdue. It remains my view that there should be a State of Palestine, and very soon. It is widely expected, if the negotiations process remains effectively suspended, that the Palestinians will in the autumn seek some form of recognition at the UN for Palestinian statehood. They have made clear that for them this is very much a second choice, and that what 619 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] they really want to be engaged in in the autumn is serious negotiations with Israel to achieve their objective of statehood through a comprehensive agreement. They are, as I am, more interested in achieving a state that exists in reality, rather than only in a UN Resolution, which will not of itself bring that state about. It is also important to note that the Palestinians themselves have not yet decided exactly what, if any, action they will seek to take at the UN. This could range from full entry as a UN member state, to a General Assembly Resolution which could take many forms. Some of these possibilities would principally involve the Security Council, of which Ireland is not currently a member. There is thus no proposal on the table on which we can take a view, although our general support for the establishment of a Palestinian State is well known. In discussions at EU level, however, I have agreed with the view that assuring either side now of our support would be premature, and simply reduce the incentive on them to return to real talks, which is the more important objective. As I have stated in answer to previous Questions, if the issue of recognition arises at the United Nations in the autumn, the Government will consider Ireland’s response very carefully. We will take into account factors such as Ireland’s long-standing support for the achievement of a Palestinian State, the exact terms and nature of what may be proposed, the positions of EU partners and other friends, the progress on the wider peace process, and our assessment of the practical impact of any such decision.

Passport Applications 25. Deputy Derek Keating asked the Tánaiste and Minister for Foreign Affairs and Trade if he is satisfied with the service that is provided by the Passport Office; if he will give consideration to a feasibility study to have the passport service privatised; and if he will make a statement on the matter. [19974/11]

37. Deputy Derek Keating asked the Tánaiste and Minister for Foreign Affairs and Trade if there is any alternative to the practice whereby passport applicants have to queue in the rain or cold for hours to complete their application for a passport; if he will examine this problem; and if he will make a statement on the matter. [19975/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 25 and 37 together. I am satisfied with the service that is provided by the Passport Service although I do very much regret the delays currently being experienced by customers. The Service is currently coping with a level of demand 12% higher than that experienced in recent years. I do not believe that privatising the Passport Service would resolve that underlying issue. It has been pointed out that the Irish Passport is one of the most modern and cheapest in Europe and notwithstanding the current demand led difficulties, the Passport Service provides excellent service, including a 24/7 duty officer service at home and abroad for genuine emergencies. For reasons of national security, data protection and security of delivery, most countries maintain Government control of their passport production facilities. A rise in attempted passport fraud has increased the need for security measures. The Passport Service recommends that applications based in Ireland apply through the express passport services operated by An Post in the Republic and The Post Office in Northern Ireland. Anybody who applies in this way and whose application is in order should currently receive their passport in 15 working days. I expect this waiting time to improve in the coming weeks before returning to the normal ten working day guaranteed turnaround. More than 70% of all passport applications lodged within the State are made through this service. Applications 620 Questions— 13 July 2011. Written Answers can be submitted at over 1,000 post offices nationwide. There should be no need for any citizen, other than those who have a requirement to obtain a passport at short notice, to attend one of the Passport Service public counters in person. Unfortunately, an average of 400 people per day are currently calling to the passport offices in Dublin and Cork. In most cases, these are people whose passport has elapsed, is about to elapse, or has been lost or stolen and who wish to travel on a date earlier than would be possible were they to use the passport express service. The staff of the Passport Service do their best to facilitate theses customers, particularly those who need to travel for a genuine emergency. Regrettably, this can only be done by diverting resources that would otherwise be used to serve customers who have submitted postal applications. I would again strongly appeal to the public to assist the Passport Service by checking the validity of their passports before making bookings to travel abroad. A valid passport should be the first item on any check list when considering foreign travel.

Exports Sector 26. Deputy David Stanton asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the difficulties being experienced by Irish exporters due to a shortage of availability of freight shipping containers; and if he will make a statement on the matter. [20086/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The issue of any difficulties being experienced by Irish exporters due to a shortage of availability of freight shipping containers has not been previously raised with me or with my officials. My Department has consulted the Department of Jobs, Enterprise and Innovation and the Department of Transport, Tourism and Sport on the matter raised by the Deputy and inquires have also been made with Enterprise Ireland, the Dublin Port Company and the Irish Exporters Association. It appears that the ongoing strong performance of our exporters, which is very welcome, may indeed be causing some difficulties at present in terms of the availability of containers here in Ireland. Following the consultations to which I have referred, I am advised that a resolution of any continuing difficulty in this area is essentially a matter for the shipping companies active in the market.

Trade Missions 27. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his updated programme for his personal participation in trade missions during the remainder of 2011. [16291/11]

41. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade the trade missions he is due to take part in for the remainder of 2011; and if he will make a statement on the matter. [20096/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 27 and 41 together. Trade missions are a valuable support to Irish business in developing markets abroad and particularly important in the context of the export-led growth which is crucial to our economic recovery. In general, proposals for trade missions to be led at Ministerial level are submitted by Enterprise Ireland on the basis of the priority markets being targeted by their client companies. Following the recent transfer of certain trade promotion functions to my Department from the Department of Jobs, Enterprise and Innovation, Enterprise Ireland will in future submit such 621 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] proposals simultaneously to both me and the Minister for Jobs, Enterprise and Innovation, reflecting the close involvement of both our Departments in trade-related matters. The Export Trade Council, which I will chair and which will hold its first meeting later this month, will also consider the overall programme of trade missions in the context of our priority markets. Both Minister Bruton and I are currently considering proposals from Enterprise Ireland for trade missions during the remainder of this year. I can assure the Deputies that my colleague, the Minister of State for Trade and Development, Jan O’Sullivan TD, and I, intend to be active in promoting trading opportunities both through specific missions proposed by Enterprise Ireland and in the course of other working visits abroad. I intend to visit Japan and Korea, both priority markets, in October and there will be a strong economic dimension to my working programmes there, including through my participation in the Asia Pacific Ireland Business Forum in Seoul on 14 October 2011. I also anticipate that there will be a meeting of the Joint Economic Commission with Russia during a visit I intend to make to Russia in the Autumn.

Foreign Conflicts 28. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he and his EU colleagues have given attention to the need for ongoing dialogue on the Middle East peace issues; the extent to which ongoing and permanent structures are in place or being put in place to encourage and facilitate peace negotiations with emphasis on the utilisation of every opportunity to deal with the issues; and if he will make a statement on the matter. [20064/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The urgent need for dialogue and a resumption of direct negotiations on the Middle East Peace Process remains a key concern of myself and my EU colleagues. I have been anxious in particular that, with so much else happening in the region, and the natural tendency to focus on specific events such as the flotilla, we must not lose sight of the real danger of continuing inactivity on the Arab-Israeli dispute. I am convinced that a real opportunity still exists to finally resolve this conflict, but I am deeply concerned that this is not being grasped. The meeting on Monday of the International Quartet was an important opportunity for the international community to consider how it can push the process forward. Baroness Ashton will report on the meeting to the Foreign Affairs Council next week. I feel the international community, ideally through the Quartet, need to be more vocal and proactive on this issue. There is in my view no shortage of structures and processes in place to try and support or impel the parties into real engagement with the remaining issues. Special Representatives are in the field from the EU, the US, the UN, Russia and the Quartet, and the Arab League is also closely involved. What has unfortunately been lacking, and more so I have to say on the part of the Israeli Government, is sufficient political will and courage to overcome the difficulties and achieve the comprehensive settlement which almost all observers believe is well within reach.

Human Rights Issues 29. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade the progress being made to ban female genital mutilation at both EU and UN level; and if he will make a statement on the matter. [19972/11]

Minister of State at the Department of Foreign Affairs and Trade (Deputy Jan O’Sullivan): The practice of female genital mutilation is a clear violation of the human rights of women and girls. It also infringes on children’s rights to special protection. The World Health Organisation 622 Questions— 13 July 2011. Written Answers estimates that between 100 million and 140 million girls and women worldwide are currently living with the consequences of female genital mutilation. In Africa alone, it is estimated that three million girls are at risk annually. Ireland is playing an active role in policy development, funding and research to address this appalling practice. It is a form of gender-based violence, and is one element in our comprehensive approach to ending such violence through the overseas aid programme. Through Irish Aid in the Department of Foreign Affairs and Trade, the Government is co-operating with United Nations agencies in a concerted effort to end the practice of female genital mutilation. We are working closely with the new Agency, UN Women, which is prioritising the prevention of all forms of violence against women and girls. The Government is providing €1.2 million to support the work of the Agency in 2011. We are also supporting the United Nations Fund for Children (UNICEF) and the United Nations Population Fund (UNFPA) in their work on child protection, gender equality, repro- ductive health and maternal mortality. At EU level we are working with partners to ensure that violence against women remains a focus of EU development policy, and of programmes funded by the EU in Africa. Progress is being made. On 6 February 2011, the International Day Against Female Genital Mutilation, the United Nations reported that there has been success in reducing the incidence of the practice in a number of African countries. The key to this progress has been the ability to engage with communities and persuade them to take the decision to abandon the practice.

Foreign Conflicts 30. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether the Israeli authorities’ permission for an average of only 715 truckloads of construction material per month for the rebuilding of Gaza is insufficient when a report by 25 non-governmental organisations, including Amnesty International, and based on UN data, requires 670,000 truckloads of construction material to rebuild the region after the war that ended in January 2009, and that this easing of restrictions by the Israeli authorities is unrealistic in view of the fact that it would take an average of 78 years to rebuild Gaza under those circumstances with a completion date in 2088. [20091/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I have stated consistently my view that the slight relaxation in the blockade of Gaza, while welcome, has not gone nearly far enough or fast enough. I agree that the volume of construction materials being allowed into Gaza is entirely insufficient for the essential reconstruction needs of both people and infrastructure. While overall volumes transferred to Gaza have increased, they remain at only one-third of pre-blockade levels. This is all the more frustrating when we know that Hamas and other groups of most concern to Israel are readily able to access building materials through the tunnel economy, and indeed raise substantial income from controlling the import through the tunnels of goods and materials for private use. The Israeli restrictions therefore impact principally on the UN and other international bodies, who can only use materials from authorised sources, and the many ordinary Gazans who cannot afford the smuggled materials. Of similar concern is the almost complete lack of provision for exports from Gaza, without which economic life and employment cannot recover, leaving more than half the population directly dependent on humanitarian aid. Moderate leaders and businessmen who might provide constructive leadership in the community are thus weakened at the expense of militants who are able to exploit the frustration and economic hardship caused by the blockade. The blockade as currently enforced is therefore not only unjustified but counterproductive even on its own terms. 623 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.]

While much international attention is focused on the political process, on events in the wider Middle East, or on events such as the flotilla, Ireland has consistently sought, both nationally and at EU level, to maintain a focus on the need to bring the blockade to an end. I repeat my call for the crossing points into Gaza to be reopened to all normal movement, in and out.

Departmental Bodies 31. Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade when he envisages that the export trade council will be established. [14623/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The recent transfer of certain trade promotion functions from the Department of Jobs, Enterprise and Innovation to my Department has given it responsibility for the management of the Export Trade Council which will subsume the work of the previous Foreign Trade Council. I will chair the new Council with support from the Minister of State for Trade and Development, Jan O‘Sullivan TD. In line with the commitment in the Programme for Government, I intend to involve the private sector in its work, in addition to the Government Departments and State Agencies which have been involved to date in the work of the Foreign Trade Council. I intend to convene the first meeting of the new Council before the end of this month.

Human Rights Issues 32. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade his views that the arrest and detention on 7 June 2011 of a person (details supplied) for tweeting messages which were considered insulting to the Bahrain and Saudi Arabian ruling families, was unlawful and in breach of Kuwait’s international obligation to uphold freedom of expression as guaranteed in the International Covenant on Civil and Political Rights to which Kuwait is a state party; and, if so, the steps he will take to ensure the person is protected from torture and other ill-treatment and provided access to their family, a lawyer of their choice and adequate medical care. [20087/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Freedom of expression is a fundamental human right and should be respected by all governments. As the change sweeping across North Africa and the Middle East has shown, attempts to suppress this right can only damage the legitimacy of those who do so and are ultimately unlikely to be unsuccessful. In relation to the particular case cited by the Deputy, I am aware that Mr. Nasser Abul has been arrested for posting criticisms of the Bahraini and Saudi royal families and is likely to face trial in Kuwait in the coming weeks. I am also aware of reports that Mr. Abul claims to have been seriously assaulted while in custody. As in the case of any person potentially facing serious charges, it is vital that all efforts are made by the Kuwaiti authorities to respect due process and to ensure the right to a fair trial and access to legal representation. Together with our EU Partners, Ireland will continue to monitor developments in this case, from the point of view of ensuring that Kuwait fulfils all its international obligations in the human rights area.

Question No. 33 answered with Question No. 14.

Questions Nos. 34 and 35 answered with Question No. 20.

Trade Relations 36. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade 624 Questions— 13 July 2011. Written Answers if he will outline the work being undertaken in developing bilateral trade relations with India; if he will encourage high level diplomatic and trade interests to visit Ireland; if he will consider issuing a formal invitation to the Indian Prime Minister, Manmohan Singh, to visit Ireland; and if he will make a statement on the matter. [20078/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Govern- ment attaches importance to developing our trade and bilateral links with India. The latest available data shows that total merchandise trade has continued to increase over the last three years. We will be building on the excellent relations that exist between our two countries to further enhance our trade, investment, education and tourism links. The Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015 has identified India as a key high-growth and high-potential market for Ireland, and the local market team set up under the Strategy, with the participation of the relevant State Agencies, and chaired by our Ambassador is already working actively to develop further trade links. A local market plan for India has been prepared by this team and its implementation will be reviewed by the Export Trade Council, which I will chair, and which will hold its inaugural meeting later this month. In order to build on our trade and investment links with India, both Enterprise Ireland and IDA Ireland have established offices there. Our Embassy in New Delhi also supports SFI in their work to develop valuable science and technology links with India, such as through the recent SFI researcher’s symposium held in Bangalore in March. High level visits are a valuable means of advancing bilateral economic relations. Useful discussions on economic and trade related issues were held with Mr Salman Khurshid, the Indian Minister for Corporate Affairs, during his visit to Ireland in June 2010. My colleague the Minister for Enterprise, Jobs and Innovation, Richard Bruton, TD led a trade mission to New Delhi and Mumbai in April, to promote trade and education and met with the Indian Minister for Commerce and Industry, Anand Sharma. The Minister for Transport, Tourism and Sport, Leo Varadkar, TD visited New Delhi, Kolkata and Mumbai for St. Patrick’s Day in 2011, and met with a number of Government Ministers to discuss strengthening the economic ties between Ireland and India. There is an outstanding invitation to the Indian Prime Minister to visit Ireland.

Question No. 37 answered with Question No. 25.

Question No. 38 answered with Question No. 14.

Trade Promotion 39. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs and Trade the programme of work for his department and Irish embassies in the area of trade promotion overseas in the time ahead. [20095/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The promotion of Ireland’s economic and trade interests has always been a core function of my Depart- ment and the Embassy network. This role has become even more crucial in the face of the economic and financial crisis and the need to drive an export-led recovery. It was given further impetus by the recent transfer to my Department of responsibility for trade promotion Our Embassies abroad have access to the highest level of host country Governments, business and the media. They offer a valuable platform and access abroad for the State Agencies with which my Department works very closely and they are also in a position to assist a wide range of Irish exporting firms whether in manufacturing or services. Ambassadors operating in 625 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] a range of key priority markets chair local trade, tourism and investment teams with the participation of the State Agencies. These teams are working to implement a market plan for 2011 based on Agency targets. The plans will be updated on an annual basis and their overall implementation will be reviewed by the new Export Trade Council which I will chair and which will hold its first meeting before the end of this month. The Council will include the relevant Government Departments and the State Agencies and, in accordance with the Programme for Government, I will invite participants from the private sector to participate in its work. The transfer of trade promotion functions to my Department will result in an even closer working relationship with Enterprise Ireland, including in relation to trade missions led by myself or the Minister for State for Trade and Development, Jan O‘Sullivan TD. The Minister for Jobs, Enterprise and Innovation, Richard Bruton TD and I are currently considering proposals for such missions for the remainder of this year. I also intend to include a strong trade and economic dimension to my planned visit to Japan and Korea in October, when I will participate in the annual meeting of the Asia Pacific Ireland Business Forum. I will visit Mos- cow in the Autumn and it is anticipated that a meeting of the Joint Economic Commission between Ireland and Russia will take place at that time. We have Joint Economic Commissions with a number of key countries and responsibility for these has also transferred to my Department as part of the new arrangements for trade promotion. In general, meetings of the Commissions take place every two years, alternating between Ireland and the other country and they offer further useful opportunities to support trade promotion. I am confident that the enhanced role for my Department in trade promotion will facilitate an intensified focus on this work in close co-operation with the other involved Departments and the State Agencies both at home and throughout the Embassy network.

EU Enlargement 40. Deputy David Stanton asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding countries wishing to join the EU; if he will advise on the timetable, if any, for accession of applicant countries to the EU; and if he will make a statement on the matter. [20085/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The enlargement portfolio of the EU continues to be a dynamic aspect of the EU’s external relations giving strong encouragement to political and economic reform in the enlargement countries and reinforcing peace, democracy and stability in Europe. Candidates have to meet well-established political and economic criteria and the terms of accession are set in a negotiation based on the body of Union laws. As in any negotiation, the eventual outcome and timeframe cannot be predetermined. Each applicant is considered on its own merits. With the official completion of negotiations on the acquis on 30 June, Croatia is now in the ante-room for EU membership. Work continues on the drafting of the Accession Treaty which I hope to see signed before the end of this year. The ratification process will follow with an indicative date of 1 July 2013 set for EU accession. I would like to take this opportunity to congratulate Croatia on the huge achievement in concluding the negotiation phase. I know this has involved great efforts on the part of the Croatian government and administration, particularly in the last few weeks. To ensure that the reforms made, particularly in the areas of justice and fundamental rights, are properly bedded down the Council has approved a monitoring mechanism to operate between now and accession. The Commission will therefore continue to report to Member States on the Croatia’s progress in this crucial area so that we can be 626 Questions— 13 July 2011. Written Answers satisfied that the country is ready to fully assume the obligations of membership from the date of accession. There remain two countries whose accession negotiations continue: Iceland and Turkey. At an Intergovernmental Conference with Iceland on 27 June, the first four negotiating chapters were opened and two immediately closed, as Iceland was already fully in line with the acquis in these areas. The Icelandic Foreign Minister has set the ambitious, but feasible, target of opening all the remaining chapters in the next 12 months. Ireland will be paying particular attention to the chapters on agriculture and fisheries which may be opened in the latter part of this year. Progress on negotiations with Turkey has been slow of late, due in part to parliamentary elections which took place there last month. With the return to office of Prime Minister Erdo an’s party, the reappointment of Foreign Minister Davuto lu, and the appointment of the former Chief EU negotiator Ba is as the new Minister for EU Affairs, we would expect efforts to pick up the pace in the next six months. The Polish Presidency is committed to trying to open at least two chapters during its tenure, though ultimately it will be up to Turkey to comply with the opening benchmarks. The eight negotiation Chapters suspended in 2006 will remain so until Turkey fulfils its obligations regarding the Ankara Protocol and makes progress towards normalising its bilateral relations with Cyprus. Macedonia is also an official candidate for EU membership, though negotiations cannot begin until the name issue is resolved with Greece. Parliamentary elections held there at the beginning of June, to which Ireland sent four observers as part of an OSCE mission, were well administered and passed off peacefully. The new government will need to resume the reform process to build on progress made so far. Montenegro, granted candidate status last December, has still to comply with some outstanding issues identified by the Commission before negotiations can be opened. The Commission is due to publish its enlargement strategy on 12 October. In addition to updating on the progress made by Montenegro, it will issue its opinion on the membership application made by Serbia. We will await the Commission’s overall assessment on its level of preparedness for accession negotiations. The EU continues to recognise the European perspective of the other countries of the West- ern Balkans, namely Albania, Bosnia and Herzegovina, and Kosovo. Albania has applied for EU membership, though it has still to comply with a number of recommendations made by the Commission before it can be considered for candidate status. Neither Bosnia and Herzegovina nor Kosovo have yet made official applications though a Stabilisation and Association Agree- ment has been signed with Bosnia and Herzegovina which has yet to enter into force.

Question No. 41 answered with Question No. 27.

Question No. 42 answered with Question No. 24.

Question No. 43 answered with Question No. 14.

Human Rights Issues 44. Deputy Jonathan O’Brien asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether there is demonstrable consistency in the EU’s approach to regimes encountering domestic democracy and rights movements across the Arab world with the proposed EU resolution that will suspend bilateral co-operation programmes with Syria, calls on the European Investment Bank to suspend new financing arrangements in Syria, and imposes a new set of sanctions on that country. [20093/11] 627 Questions— 13 July 2011. Written Answers

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The EU’s response to the momentous events in North Africa and the Middle East has been directed towards encouraging transitions to democracy across the region. The conditions and circumstances of each country appropriately determine the response in each country but the guiding principle of encouraging and incentivising a transition to democracy and greater political and economic reforms has been consistent throughout the region. In relation to Syria, the EU is reacting to an ongoing, brutal and nationwide crackdown against peaceful protesters which has left over 1,400 people dead since the protests began in March. In particular, Ireland and the EU are concerned about the fatal shootings of unarmed protestors, the detention of thousands of Syrians for participating in protests, torture including of children and in some cases so severe as to cause death, and the large-scale deployments of the Syrian military against civilians. The situation in Syria is more severe than any other country in the region apart from Libya. Military action is not an option, partly because Russia and China have made it clear they would veto any such proposal at the UN Security Council and partly because engagement in Libya means that there is a reluctance to intervene elsewhere. The EU has focussed on other political and economic measures to persuade President Assad to change course from the current ruinous strategy of violent repression. Accordingly, the EU Foreign Affairs Council agreed in May that it would not take further steps with regard to the conclusion of the EU-Syrian Association Agreement and to suspend bilateral cooperation programmes with the Syrian authorities, except those benefiting Iraqi refugees, regional projects or projects with civil society or international organisations. The EU has also imposed sanctions targeted at individuals and entities within the ruling regime, including President Assad, responsible for, or associated with, the violent repression against the civilian population. The EU has also suspended a guarantee to the European Investment Bank against losses incurred on projects outside the Community area. EIB operations in Syria already in train will continue as these can only be suspended in the case of the borrower not meeting its contractual obligations. I fully support the steps taken by the EU, including these targeted measures, which are aimed at achieving a fundamental change of policy by the Syrian leadership. These measures will remain in place until there is an end to unacceptable violence against the civilian population, and decisive progress towards fulfilling the legitimate aspirations of the Syrian people. I urge the government of Syria to end its violent attacks on its own civilians and immediately allow an independent investigation into the horrific events of recent months. I note the recent launch of dialogue in Syria and hope that this results in a meaningful debate leading without undue delay to genuine reforms. The EU stands ready to reverse the measures it has taken if Syria opts for the path of reconciliation and reform. The EU will continue to tailor its approach to each country in the region as it unfolds, bearing in mind the relative severity of events, and the willingness of the government in question to engage in dialogue and undertake meaningful reforms. At all times, the EU’s guiding principle is to encourage transitions to democracy across the region.

Question No. 45 answered with Question No. 14.

Question No. 46 answered with Question No. 20.

Official Engagements 47. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade the content of his recent discussions with French Foreign Minister Alain Juppé; and if he will make a statement on the matter. [20083/11] 628 Questions— 13 July 2011. Written Answers

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): As part of the diplomatic initiative, that I announced at the beginning of April, through which the Govern- ment has sought to restore Ireland’s standing as a respected and influential member of the European Union and to ensure understanding of and support for Ireland’s approach to our EU/IMF programme, I visited Paris on 24-26 May 2011. The centrepiece of my visit, apart from attendance at the OECD’s fiftieth anniversary Ministerial Council Meeting, was a bilateral meeting with my French counterpart, Alain Juppé, Ministre d’État (Deputy Prime Minister) and Minister for Foreign and European Affairs at the French Foreign Ministry. I had a good exchange with Minister Juppé concerning the rigorous steps being taken to fulfil our commitments under our EU/IMF programme. I was glad to be able to deepen my French colleague’s understanding of the extent of the correction we have already undertaken and of our determination to succeed in the programme and return to the markets. I raised in this overall context and with a view to assisting Irish success, our wish to see the interest rate which applies to our loans reduced, in accordance with the agreement in principle reached among Eurogroup leaders at their meeting on 11 March. I set out very clearly that the Irish Government will not increase our corporation tax rate, as to do so would be counter-productive both in terms of our ability to attract foreign direct investment and to grow our way out of our current situation, something which is in the interests of the entire Eurogroup and indeed the entire EU. France is an influential member of the Union and our two countries have extensive relations of long standing. I had very useful exchange during our meeting covering developments in the EU’s Southern Neighbourhood, developments related to the Middle East peace process as well as the situation in Lebanon where both France and Ireland now have troops serving with the UNIFIL force. We touched on the issues of the EU’s next multiannual finance framework and support for the Common Agricultural Policy, as well as the issue of migration. I also briefed Minister Juppé on our preparations for our forthcoming chairmanship of the OSCE in 2012 and raised Ireland’s candidacy for the UN Human Rights Council.

State Visits 48. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on the total costs to the State of the visits of Queen Elizabeth II and the President of the USA. [19973/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): As I am sure the Deputy can appreciate I am not in a position to answer his question with regard to the total costs to the State of the visits but I will answer with regard to costs accruing to my own Department. In this regard, I would refer the Deputy to my written replies to his questions of 16 June and 5 July on this matter. I am aware that the Deputy has put this question to the Taoiseach and that Minister for Defence has also addressed this issue in the House. The updated costs accruing to my Department from the State visit of Queen Elizabeth II is €231,702.15 and the visit by President Obama is €63,302.16. These costs relate to expenditure on transport, car hire, overnight accommodation and subsistence costs for staff, official enter- tainment and catering, I.T. and administrative costs as well as overtime payments to some staff working on the visits. There still remains some further expenditure to cover residual costs which have not yet been finalised; this will not add significantly to the costs outlined.

EU Summits 49. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which any debate has occurred at EU level with a view to the reaffirmation 629 Questions— 13 July 2011. Written Answers

[Deputy Bernard J. Durkan.] of the European ideals as laid out by such persons as Monnet, Schuman and Adenauer; if attention has been given or is likely to be given to what appears to be a departure from this vision; if there is a consciousness within all member states as to the desired direction of the future of Europe; and if he will make a statement on the matter. [20063/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Euro- pean Union Member States and institutions considered and debated extensively the framework for their cooperation in integration in the process that culminated in the Lisbon Treaty. That Treaty entered into force in late 2009, amending the original Treaties. In the Treaty on Euro- pean Union the Member States recalled the historic importance of ending the division of the European continent and the need to create firm bases for the construction of the future Europe and set out in its 55 Articles the vision, values and institutions and procedures which should underpin this. This is a process in which Ireland took a full part and our effort now, as that of our partners, is concentrated on effective implementation. The pre-eminent tasks facing the Union now are in the economic area. Responding to the global economic and financial crisis and the ongoing difficulties in the euro area represents the greatest challenge to face Member States since the foundation of the European Union. Under- lying our response to the crisis is a shared and enduring commitment to the European project. The unprecedented steps we have taken are proof of a European Union that is working more closely together than ever before. There is a healthy ongoing debate about the future of Europe, in our media, in our universit- ies and in a range of European policy institutes and think-tanks. This debate holds the political leaders of Europe to account and contributes to a wider assessment of the extent to which their actions measure up to the ideals of the founders of the European Union. Regular engagement with this debate is an important element of my wider diplomatic initiative, whether in the regular media briefings I give to European journalists, the most recent of which was in Berlin last Friday; or in my frequent contacts with diverse policy institutes across Europe. Recent examples of these include speeches to the Institute of International and Euro- pean Affairs in Dublin and the Diplomatic Academy in Vienna. I am looking forward to meeting members of the European Policy Centre in Brussels next week in advance of attending the Foreign Affairs Council to continue the debate about the sort of Europe we want to build.

Question No. 50 answered with Question No. 19.

Northern Ireland Issues 51. Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade his strategy regarding confidence building measures towards various groups in Northern Ireland. [19799/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Govern- ment continues to avail of every suitable opportunity to build and assist confidence throughout the island of Ireland in the achievements of the peace process so far and to help ensure that further progress is achieved over the period ahead. Confidence in the relations that have developed between the traditions which share this island have improved greatly over the decades of the peace process. This improvement was evident from the recent State Visit to Ireland by Queen Elizabeth II which did so much to encapsulate the transformation in relations that has been achieved. The conduct of the campaign for the recent Northern Ireland Assembly Elections, where all the main political parties campaigned on a platform of making the devolved 630 Questions— 13 July 2011. Written Answers institutions work for all of the people in the North, was a further demonstration of the progress that has been made in building confidence among the community in Northern Ireland. However, we are all too aware of the deep divisions that the conflict have left and of the ongoing challenges posed by sectarianism. The rioting that has returned to the streets of Northern Ireland this summer is a reminder that there is still much work to be done to overcome this legacy. The ongoing threat posed by so called dissidents is being met with a concerted response from the Gardaí and the PSNI. These challenges serve to remind us that the work of reconciliation and consolidation of the peace process is long-term and will require the ongoing commitment of the two governments, of the NI Executive and of community leaders and wider society across these two islands. As Tánaiste and Minister for Foreign Affairs and Trade I will do my utmost to this end during my term in office. In my recent meeting with Secretary of State Owen Paterson in Dublin on 27 June we discussed ways in which the two governments can work together to assist the NI Executive in this long term process of reconciliation and confidence building between the communities. My own Department operates Reconciliation and Anti-Sectarianism Funds which assist individuals and organisations involved at grass-roots community levels in peace-building and reconciliation work and provide opportunities for outreach by the Government towards both sides of the community in Northern Ireland. This was reflected in the attendance last month by over two hundred community and youth workers from all sections of society throughout Ireland at a Reconciliation Networking Forum event hosted by my Department in Dublin earlier this month. With a particular emphasis on the handling of various key historical anniversaries that will arise over the coming decade, the Forum provided a platform for discussion and debate on how to deal with both our shared past and how to secure a shared future free from violence and hatred. In my keynote address, I also availed of the opportunity to call for the development of a ‘Version 2.0’ peace process, in which the key focus is on the kind of society we want to build on this island and on the way we relate to our neighbours. These are not issues for Government alone and I acknowledge that much is already being done by other committed non-governmental organisations and individuals to help advance such an agenda. I very much look forward to the newly reconstituted Good Friday Agreement, under the able chairmanship of my colleague Deputy Dominic Hannigan, playing its part in this work. We should continue to approach this work together to the very best of our abilities and in a spirit of cooperation.

Official Travel 52. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to travel to the Middle East. [19679/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The resolution of the Middle East Peace Process is a foreign policy priority for the Government. There are also many other political issues in the wider Middle East region, not least arising from the events of the Arab Spring, as well as important trade opportunities for Ireland. It is therefore certainly my intention to make a first visit to the Middle East as soon as I can. At this point, however, no specific visit has yet been scheduled.

International Organisations 53. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his priorities for the Organisation for Security and Cooperation in Europe once Ireland assumes the presidency in 2012; and if he will make a statement on the matter. [20125/11 631 Questions— 13 July 2011. Written Answers

[Deputy Seán Ó Fearghaíl.]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Ireland will chair the Organisation for Security and Co-operation in Europe (OSCE) from January 2012 for one year. Comprising 56 participating States from Europe, Central Asia and North America, the OSCE deals with a range of issues in areas such as democratisation, human rights, arms control and conflict resolution. As Minister for Foreign Affairs and Trade, I will be the Chair- person-in-Office for the duration of our chairmanship and will bear overall responsibility for the executive action of the organisation and the co-ordination of its activities. Preparations for the OSCE Chairmanship began last year and, to this end, a dedicated OSCE Taskforce has been established in my Department. Last month, I addressed the OSCE in Vienna to provide an outline of Ireland’s plans and priorities and my full statement is available on the Department’s website. The Chairmanship will be used to promote a number of thematic priorities, which are currently being elaborated in co-operation with relevant Government Departments. The priorities will be finalised over the course of this year, in consultation with other participating States and our OSCE Troika partners, current Chair, Lithuania and previous Chair, Kazakhstan. Human rights, known as the Human Dimension within the OSCE context, will be a key priority, with a particular focus on freedom of the media, and in particular, digital media. In the Economic and Environmental dimension, we plan to focus on governance issues. In the Politico-Military Dimension, Ireland will hope to see continued progress on updating confidence and security building measures and enhancing the conflict prevention capacity of the organisation. I will also give priority to facilitating efforts to resolve the protracted conflicts, drawing on expertise in conflict resolution.

Human Rights Issues 54. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade if he will meet with representatives of the Bahrain Government to demand the release of Irish trained doctors from the Royal College of Surgeons held in detention centres at some undisclosed locations in Bahrain. [20375/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I have already outlined my concerns about the ongoing detention and trial of forty eight medical personnel, a number of whom were trained by the RCSI and also worked in Ireland at one stage. I have called clearly for such personnel to be released, unless charged or unless the Bahraini authorities can present clear evidence that they may have committed serious criminal offences, and for independent observers to be allowed monitor the ongoing legal proceedings. I welcome the fact that a considerable number of the medical personnel charged are no longer in custody and that a decision has now been taken to transfer the ongoing legal proceedings from a military to a civilian court. The Government has already relayed its concerns directly to the Bahraini authorities on this matter. Ambassador Holohan met on 20 June with the Bahraini Ambassador in Riyadh to inform him of my own deep concerns, and those of the Irish Government and people in relation to recent events. The Government has also been pressing for an active response at EU level. High Representa- tive Ashton has issued a number of strong statements, most recently one on 1 July which welcomed the establishment of an independent international commission into the events of February and March. The Taoiseach also raised Bahrain at the European Council on 23-24 June, where Ireland succeeded in having a reference to the current unsatisfactory human rights situation in Bahrain, including the trials and sentencing of opposition members, made in the 632 Questions— 13 July 2011. Written Answers final Declaration. The Government will continue to convey its concerns in the fullest terms to the Bahraini authorities, through our Embassy in Riyadh and through EU and other appropriate channels.

Travel Documents 55. Deputy Michael Creed asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding Irish couples who have a child by way of surrogate outside of the EU and the entitlement of that child to enter the country legally; if this entitlement is by way of Irish citizenship or visa; and if he will make a statement on the matter. [20180/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The legal situation of children born through surrogacy arrangements is a very complex area in Irish law. Whereas there is no specific legislation in Ireland relating to surrogacy, a range of Irish laws relating to the areas of citizenship, guardianship, consent for the child to travel and other parental rights must be comprehensively addressed by applicants before any travel document may issue. The Department of Foreign Affairs and Trade has responsibility for the issuance of passports, but it may only do so when the above issues, which largely relate to areas of law within the competence of other Departments, such as the Department of Justice and Equality, have been resolved. Legislation on surrogacy is required, as provided for in the Programme for Government, to safeguard the rights of intended parents, surrogate mothers and, first and foremost, the children involved. Accordingly I have written to the Minister for Health, who has responsibility for bringing forward the legislation, regarding the necessity to address this issue as a matter of priority. In the interim, the Attorney General’s Office is formulating guidelines on the issue of surrogacy in conjunction with, amongst others, the Department of Health, the Department of Justice and Equality, the Department of Social Protection and my Department. In respect of a child that has been born through surrogacy, the submission of a certificate of birth per se does not provide sufficient evidence of citizenship. Applicants may therefore be required to present DNA evidence and a series of court orders to address Irish legal requirements in these areas. It will not be possible to issue a passport (including an emergency passport) to a child born through surrogacy unless these questions of citizenship, guardianship and parental rights are comprehensively addressed. Applications for a passport can only be considered after the birth of the child and on a case by case basis. In view of the complexity of these matters, intended parents are advised to plan for the possibility of the child having to remain in the country of birth for some time until all issues have been addressed. They may therefore wish to make appropriate provision for the child, on such matters as accommodation and medical care/insurance etc., to remain in the country of birth until such time as a travel document can issue. It should also be noted that an emergency travel certificate will only issue in exceptional cases of genuine emergency and where all the relevant statutory requirements, including the issue of consent, under the Passports Act 2008 are satisfied. The Department of Foreign Affairs and Trade strongly advises Irish citizens arranging to have a child by surrogacy to engage the services of a lawyer to deal with all the complex issues involved. The issuance of visas is a matter for the Minister for Justice and Equality.

Overseas Development Aid 56. Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade the budget for Ireland’s overseas development aid programme for 2011; the position regarding 633 Questions— 13 July 2011. Written Answers

[ Deputy Sean Fleming.] same for 2012; if he will publically recommit to the 0.7% overseas development aid and GNI target by 2015; and if he will make a statement on the matter. [20216/11]

Minister of State and the Department of Foreign Affairs and Trade (Deputy Jan O’Sullivan): For 2011, Ireland will provide a total of €659 million in Official Development Assistance (ODA). Of this funding, €524 million will be administered by Irish Aid, in the Department of Foreign Affairs and Trade, which manages the Government’s aid programme. The remaining €135 million is accounted for by contributions to international development by other Govern- ment Departments and by Ireland’s share of the EU development cooperation budget. On current projections, this allocation will ensure that Ireland provides approximately 0.52 % of GNP for development assistance in 2011. The Government is strongly committed to Ireland’s overseas aid programme, which is central to our foreign policy. We are committed to the international 0.7% of GNP target, and we are working to achieve it by 2015. We have launched a review of the 2006 White Paper on Irish Aid, to ensure that we have a clear set of priorities for the aid programme in the years ahead, taking account of the changing economic circumstances, in Ireland, across the European Union and in the developing world. The Government is determined to ensure that Ireland continues to make a strong contribution, through our aid programmes and international policy discussions, to the fight against global poverty and hunger. ODA allocations for 2012 will be agreed in the upcoming estimates process and set within the overall budgetary framework and fiscal constraints facing the country. The allocations will be announced by the Minister for Finance in his annual Budget Statement. I can assure the Deputy that I will make the strongest possible case for the 2012 development aid allocation.

Questions Nos. 57 and 58 answered with Question No. 23.

Trade Promotion 59. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he intends to encourage and promote dialogue leading to trade in the various countries in Latin America; the extent to which he has examined the potential for expansion of trade in each case having particular regard to Irish connections in many such countries; and if he will make a statement on the matter. [20346/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Govern- ment is committed to implementing progressively the recommendations in the Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015. Under this Strategy, in Latin America Brazil has been identified as a priority market country. The local market team set up under the Strategy and chaired by our Ambassador has developed a detailed market plan and is already active in pursuit of specific targets identified by the State Agencies. Other countries in Latin America offer diverse opportunities for Irish companies in particular niche areas. In Mexico and Chile, for example, there are opportunities to market medical and pharmaceutical products. Our Embassies in Latin America, together with the State Agencies who are active in the region, work to assist Irish companies in responding to such opportunities as they arise. As the Deputy will be aware Ireland has long-standing historic links with many Latin American countries. The various commemorations last year which marked the bicentenary of the independence of Mexico, Argentina, Uruguay and Chile helped raise awareness of the significant role that the Irish born or Irish descendents, such as Admiral William Brown, played in the transition of these countries to independence. Last year, my Department worked closely with the Naval Service on the visit to Central and South America by the LÉ Niamh which 634 Questions— 13 July 2011. Written Answers visited Brazil, Argentina, Chile, Mexico and the United States. In addition to participating fully in bicentenary celebrations, the ship hosted a number of activities in conjunction with my Department and Enterprise Ireland. These were designed to strengthen links with the region, and to encourage trade and marketing opportunities. In excess of 12,000 people visited the ship, including key business leaders. Our footprint in Central and South America is modest, with resident Embassies only in Brasilia, Buenos Aires and Mexico City. I can assure the Deputy that my Department and our Embassies in the region will continue to work in co-operation with the State Agencies to build increased trade links wherever possible.

60. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he intends to examine, monitor and promote trade with each of our EU partners with particular reference to the need for the European member states to maximise, through trade, the benefit of economies of scale; and if he will make a statement on the matter. [20347/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Ireland’s trade with our European partners is already significant; the EU and EFTA account for 62% of Irish merchandise exports and merchandise trade with these countries in 2010 amounted to over €85 billion. Membership of the EU has provided Irish companies with access to a single market of over half a billion people and enabled Irish companies both to grow in established markets and to diversify into new markets. The Government is focused on achieving maximum growth in exports, including through the development of both new and existing markets, and has committed to progressively implementing the recommendations in the Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015. The Export Trade Council, which will be established shortly, and which I will chair, will monitor implementation of the Government’s Trade Strategy under which many of our EU partners have been identified as priority markets. Local market teams set up under the Strategy and chaired by our Ambassador, in these priority markets, have developed detailed market plans and are already active in developing further our trading and investment links in those countries. During my official visits to EU member States, I ensure that trade and business related elements are included in programmes and discussions, wherever possible and take every opportunity in discussions with EU colleagues to promote Ireland’s economic interests. This was the case during my visit to Berlin last week, as it was during my recent visits to Paris, London and Vienna. I also availed of my recent visit to Oslo to raise our economic relations in discussions with the Norwegian Prime Minister and the Norwegian Minister for Foreign Affairs. Membership of the EU benefits Irish companies not only in providing access to the Single Market but also to external markets. In negotiating access to international markets, the EU speaks with one voice. Our membership of the EU gives us considerable influence and leverage when seeking to open new markets and enhance the conditions in existing markets.

Diplomatic Representation 61. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if it is intended to open up further embassies or locate trade delegations in countries not yet having an Irish embassy; and if he will make a statement on the matter. [20348/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Ireland maintains diplomatic relations with 174 States through a network of 76 missions (58 Embassies, 635 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] 7 multilateral missions, 8 Consulates General and 3 other offices) overseas. As well as their country of primary accreditation, many Ambassadors are also accredited to additional countries on a non-resident basis which further enhances the cost effectiveness of our external representation. Decisions relating to the establishment of missions are a matter for the Government. The scale and presence of the Irish diplomatic network is being considered, along with all aspects of my Department’s operations, as part of the Government’s Comprehensive Review of Expenditure. I can assure the Deputy that my objective is to optimise the capability of Ireland’s diplomatic representation overseas. This was the focus of briefings at the Conference of Ireland’s Ambassadors held in Dublin last month. Our missions abroad are in the frontline of efforts to secure external recognition and support for the actions undertaken by the Government to meet current budgetary challenges and to promote the foreign trade and investment essential to economic recovery. Accordingly, any adjustments to our diplomatic network will continue to be strategically focused, taking account of national priorities and available resources in the context of our current budgetary situation. In addition, I can assure the Deputy that all Govern- ment Ministers take every opportunity to include a trade element in their programmes when undertaking visits abroad.

Trade Promotion 62. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the degree to which it is intended to renew efforts to increase diplomatic initiatives with a view to increasing trade with Russia; and if he will make a statement on the matter. [20349/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Ireland has very good trade relations with Russia. Bilateral trade is performing well, with two-way merchandise trade increasing by over 64% in 2010 to reach its highest ever level. Trade in goods and services in now worth over €1.6 billion per annum and there is good potential for this trade growth to continue. The Strategy and Action Plan for Irish Trade, Tourism and Investment to 2015 has identified Russia as a key high-growth and high-potential market for Ireland. The local market team set up under the Strategy, with the participation of the relevant State Agen- cies, and chaired by our Ambassador, is already working actively to develop further trade, investment and education links. A local market plan for Russia has been prepared by this team and its implementation will be reviewed by the Export Trade Council, which I will chair, and which will hold its inaugural meeting later this month. I hope to visit Russia in the autumn. A meeting of the Ireland-Russia Joint Economic Com- mission is planned to take place during my visit. This meeting will provide an opportunity to examine any current technical issues in the trade relationship and explore how our trade and business links with Russia can be further developed.

Irish Communities Abroad 63. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent it is intended to promote and encourage dialogue with the Irish diaspora in business and academia worldwide with a view to maximising efforts towards economic recovery; and if he will make a statement on the matter. [20350/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Govern- ment is strongly committed to further developing our relationship with the global Irish community. In addition to the continued support for Irish communities through the Emigrant Sup- 636 Questions— 13 July 2011. Written Answers port Programme, I am also determined to harness the expertise and influence of leading Irish members of the international business, cultural and academic community. The second Global Irish Economic Forum, to be held at Dublin Castle on the 7 and 8 of October, will make an important contribution to this process. The Forum will provide an opportunity for the Government to meet directly with many of the most influential members of the global Irish and to discuss our priorities for economic renewal, job creation and the restoration of Ireland’s reputation abroad. Most of those invited to Dublin Castle are members of the Global Irish Network. The Government and Missions overseas have already engaged extensively with the Network and it is intended that the Forum will provide renewed focus and strategic direction to its ongoing valuable work. While the precise details of the programme and agenda are currently being finalised, the topics to be discussed will cover specific economic areas identified as priorities in the Prog- ramme for Government. The importance of engaging the current and future generations of the global Irish and the role of Irish culture in promoting Ireland abroad will also feature as important themes. The 2009 Forum — in which I participated — led to the implementation of a series of significant initiatives across a range of areas, including: business network development; innovation; tourism; the promotion of Irish culture; and diaspora engagement. In the context of preparing for the 2011 Forum, a comprehensive review of all the recommendations was undertaken by my Department, in consultation with all relevant Government Departments. A copy of this review is available on my Department’s website.

EU Directives 64. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will examine carefully the long-term impact of all pending and future EU directives likely to inhibit economic development, recovery and progress; and if he will make a statement on the matter. [20352/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): While my Department has an overall coordinating role in EU matters, responsibility for examination of proposed EU Directives as well as transposition of EU Directives into Irish law rests with those Departments with responsibility for the policy areas covered by individual EU measures. During negotiations on proposed Directives the long term impacts of such proposals are carefully considered, including ensuring that they do not inhibit economic development, recovery and progress.

Economic Recovery 65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he continues to engage with members of parliament or policy makers within the EU in the context of reiterating this country’s basic and urgent requirements with particular reference to economic recovery; and if he will make a statement on the matter. [20353/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): As part of the diplomatic initiative, which I announced at the beginning of April and in line with the Government’s commitment to restoring Ireland’s standing as a respected and influential member of the European Union, I have sought regular engagement with policy makers in all the institutions of the European Union. During these meetings I have made clear the economic and financial realities confronting this country and the steps that we have taken to get our 637 Questions— 13 July 2011. Written Answers

[Deputy Eamon Gilmore.] public finances in order, to repair the banking sector and to restore growth. I have emphasised our determination to see this process through to a successful conclusion and sought to inform and to persuade, pointing to the benefit for the euro area and EU as a whole of Irish success. In addition, I have travelled to London, Paris, Vilnius and Berlin for bilateral consultations with my opposite numbers. I have also had bilateral meetings with my Finnish and Luxembourg colleagues in the margins of the Foreign Affairs Council. On Monday, I met European Parlia- ment President Jerzy Buzek during the course of his official visit to Ireland. I will continue my programme of bilateral engagements with Ministerial colleagues over the period ahead.

66. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade his efforts to date or intentions to convince without exception each of our EU partners of the necessity to recognise that Ireland’s ability to meet its obligations arising from ECB and IMF-EU member state rescue provisions should not be undermined by any attempt to restrict this country’s economic capacity by a way of interference with already established tax regimes including corporate taxation; and if he will make a statement on the matter. [20354/11]

67. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he continues to reiterate Ireland’s fundamental opposition to any attempt to alter in any negative way any aspects of taxation policy within this country; and if he will make a statement on the matter. [20356/11]

68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade when it is likely that EU colleagues will come to accept that there is no obligation on any member state to concede any of the provisions of previously adopted treaties on the basis of any emerging necessity whatsoever; and if he will make a statement on the matter. [20357/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 66 to 68, inclusive, together. In all engagements with EU partners, the Government has stated clearly and categorically that Ireland will not accept any adjustment in the Irish corporation tax rate. I know that this is a view shared by the vast majority of members of this House and by the Irish people. Any increase in our corporation tax rate would be counter-productive both in terms of our ability to attract foreign direct investment and to grow our way out of our current situation, something which is in the interests of the entire EU. As part of the diplomatic initiative announced in April to restore Ireland’s standing as a respected and influential member of the European Union and to ensure understanding of and support for Ireland’s approach to our EU/IMF programme, my colleagues in Government and I have taken every appropriate opportunity to seek to ensure a broad understanding and appreciation of our position among our partners on this issue. Since taking office, I have met my European colleagues on many occasions at EU and other Ministerial meetings. In addition, I have travelled to London, Paris, Vilnius and Berlin for bilateral consultations with my opposite numbers. I have also had bilateral meetings with my Finnish and Luxembourg colleagues in the margins of the Foreign Affairs Council and on Monday, I met with the President of the European Parliament, Jerzy Buzek, during the course of his official visit to Ireland. I will be continuing my programme of bilateral engagements with Ministerial colleagues over the period ahead. The publication by the European Commission in March of a formal proposal on a Common Consolidated Corporate Tax Base (CCCTB) represents the beginning of what will be a lengthy process. We have done considerable preparatory work concerning the CCCTB issue and look 638 Questions— 13 July 2011. Written Answers forward to making our contribution to these deliberations. The Government is sceptical about many aspects of a CCCTB, but we are willing and committed to work constructively with the Commission and other Member States on the issue. This proposal was made on a legal base requiring unanimity. Ireland is not opposed to greater co-operation within the European Union on tax policy matters. Indeed, under the Euro Plus Pact, work will be taken forward by Finance Ministers and the Commission on pragmatic coordination of tax policies on issues such as, the exchange of best practices, avoidance of harmful practices and proposals to fight fraud and tax evasion. As the Deputy may recall, in June 2009, the Heads of State or Government of the 27 Member States of the European Union decided with respect to the concerns of the Irish people on the Treaty of Lisbon, in the area of taxation that, “nothing in the Treaty of Lisbon makes any change of any kind, for any Member State, to the extent or operation of the competence of the European Union in relation to taxation”.

Departmental Staff 69. Deputy Jerry Buttimer asked the Tánaiste and Minister for Foreign Affairs and Trade the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20389/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Securing Ireland’s interests in the EU and contributing fully to the Union’s future development is a core function of the Department of Foreign Affairs and Trade. To this end, the Department has a dedicated European Union division with 28 full-time equivalent staff. The Permanent Rep- resentation of Ireland to the European Union in Brussels is also a key resource for EU Division and the Department as a whole in monitoring EU policy developments. Its staff, some 79 persons of whom 40 are posted from the Department’s headquarters, is in daily contact with deliberations in the European Union at Working Group, COREPER and Council level, as well as with the Commission and the European Parliament. Due to the wide-ranging nature of the EU’s work, a certain number of staff in other divisions of my Department, notably those in the Political Division and the Development Co-operation Division, devote some part of their time to monitoring EU developments in the policy areas that concern them. This is also the case for staff in Ireland’s bilateral embassies in the 26 other EU member states, whose monitoring and reporting on the approach of our partners to EU developments forms an important input into analysis and policy-making at headquarters.

Social Insurance 70. Deputy Michelle Mulherin asked the Minister for Finance if he is satisfied that all the required social welfare employer and employee contributions were made by two sub-contracting companies (details supplied) employed at a construction site; if he will confirm that the employees of the two companies in question satisfy the terms and conditions of RCT1. [20276/11]

Minister for Finance (Deputy Michael Noonan): I have been advised by the Revenue Com- missioners that they have noted the matter raised by the Deputy. For reasons of taxpayer confidentiality, they are unable to comment further on the individual case.

639 Questions— 13 July 2011. Written Answers

Price Inflation 71. Deputy Bernard J. Durkan asked the Minister for Finance the extent to which an effort continues to be made to examine the wisdom of the use of interest rate increases as a means of combating inflation in view of the likelihood that such increases are ultimately most likely to penalise EU countries with the greatest debt liabilities and consequently their ability to repay debt with obvious consequences for the future of the European Union itself; and if he will make a statement on the matter. [20355/11]

Minister for Finance (Deputy Michael Noonan): The policy interest rate is a key tool for controlling inflation in many regions. In the euro area, the independent European Central Bank (ECB) is responsible for monetary policy and has sole discretion for policy interest rate movements. The ECB’s requirement is to maintain price inflation in the euro area as a whole, close to but below 2%. The latest estimate for the Harmonised Index of Consumer Prices in June was 2.7% for the euro area. For indebted euro area member states, the best way to reduce the burden is to implement fiscal consolidation measures and to enhance the economy’s growth capacity by implementing structural reforms and boosting competitiveness.

Tax Code 72. Deputy Seán Kyne asked the Minister for Finance if he will grant an exemption from the vehicle registration tax in respect of an organisation (details supplied) in view of the fact that this volunteer-led organisation is securing vehicles for use in its vital mountain rescue function. [20137/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that Section 132(3)(d) of the Finance Act 1992, as amended, provides that category D vehicles are charged at a rate of 0% of the value of the vehicles. These vehicles are defined in Section 130 of that Act as “namely, an invalid carriage, a refuse cart, a sweeping machine, a watering machine used exclusively for cleansing public streets and roads, an ambulance, a road roller, a fire engine, a fire-escape, a vehicle used exclusively for the transport (whether by carriage or traction) of road construction machinery used only for the construction or repair of roads and a vehicle used exclusively for the transport (whether by carriage or traction) of life boats and their gear or any equipment for affording assistance in the preservation of life and property in cases of shipwreck or distress at sea”. There are no provisions in this section under which an exemption of VRT can be granted to vehicles for use in mountain rescue functions. There are no plans to change the legislation.

Financial Services Regulation 73. Deputy Joanna Tuffy asked the Minister for Finance if his attention has been drawn to the equity release schemes and home reversion schemes as financial products being offered to older persons here; his plans to ensure that the sale and purchase of such financial products do not lead to the impoverishment of older persons; and if he will make a statement on the matter. [20182/11]

Minister for Finance (Deputy Michael Noonan): Since 1 June 2008, the provision of all equity release products have been subject to the Central Bank’s Consumer Protection Code (the Code). As defined in the Code, an equity release product means a lifetime mortgage or a home reversion agreement. The Central Bank Act 1997, as amended by the Markets in Financial Instruments and Miscellaneous Provisions Act 2007, provided that, with effect from 1 February 2008, home reversion firms have to be authorised by the Central Bank. There are two author- 640 Questions— 13 July 2011. Written Answers ised home reversion firms in this country — Residential Reversions Limited, trading as “Sixty Plus Finance”; and Shared Home Investment Plan Limited, trading as “SHIP”. In addition to the General Principles set out in the Code, specific provisions apply to equity release products. In this regard, Chapter 4 —“Loans and Equity Release”—stipulates that entities regulated by the Central Bank must: — advise the consumer of the consequences of equity release products including details of the total costs involved, including all interest, charges and the effect on the existing mortgage, if any; — ensure that consumers are made aware of the importance of seeking independent legal advice; and — include the following warning on any information document, application form or any other document given to the consumer in connection with an equity release product: “Warning: Purchasing this product may negatively impact on your ability to fund future needs”. This warning must also be included on any advertisement for an equity release product. The Central Bank has advised that additional measures regarding vulnerable consumers will form part of the Central Bank’s revised Consumer Protection Code that will be issued later this year.

Consultancy Contracts 74. Deputy Michelle Mulherin asked the Minister for Finance the amount paid to consultants for services to the National Asset Management Agency for each of 2009, 2010 and 2011. [20240/11]

75. Deputy Michelle Mulherin asked the Minister for Finance the amount paid to each individual consultancy company or individual for services rendered to the National Asset Manage- ment Agency for each of 2009, 2010 and 2011; and if he will identify each such consultancy company or individual. [20241/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 74 and 75 together. I am informed by NAMA that the contractual details of all contracts between the agency and individual service providers are negotiated on a case-by-case basis, are commercially sensitive and are confidential. I am advised by NAMA that legal and consultancy fees incurred in 2009 in setting up NAMA were €1.63 million and relate to legal and consultancy expenses associated with the establishment of NAMA. The aggregate costs for 2010 and the first quarter of 2011 are set out in the table.

2010 Q1 2011

Financial Adviser and Consultancy Fees €5.01 million €0.17 million Portfolio Management €5.09 million €0.57 million Legal and Tax Fees €3.78 million €0.88 million Consultancy incurred by NTMA in set up €0.83 million - Audit €0.70 million €0.54 million IT Costs - €0.29 million Treasury - €0.18 million

Total €15.41 million €2.63 million

641 Questions— 13 July 2011. Written Answers

[Deputy Michael Noonan.]

Fees and expenses incurred by NAMA are recovered through the operating activities of the agency. They are published in the quarterly reports of NAMA, which are laid before the Houses of the Oireachtas and published on the NAMA website. The financial advisor and consultancy fees incurred in 2010 include fees paid for accounting, financial and business process advice over the period from the incorporation of NAMA to the end of 2010. NAMA employed staff seconded from external consultancy firms and financial advisers to assist in the initial set-up of business units and the development and implementation of processes and policies, until NAMA officers were recruited by the NTMA. The portfolio management fees incurred in 2010 relate to the review of debtor business plans. The legal and tax costs incurred in 2010 relate to fees paid to professional service firms in respect of legal and tax advice and the secondment of staff for legal due diligence. It is expected that the level of professional and consultancy costs in future will not be as significant as the costs incurred during 2010 given that the latter included costs associated with the establishment of NAMA, particularly relating to the secondment of staff prior to the recruitment of NAMA’s own staff. In addition to the above figures, NAMA incurs due diligence costs as part of the process of acquiring loans and related derivatives from the participating institutions. These costs include legal, valuation and property due diligence fees together with the fees of the audit co-ordinator. NAMA incurred due diligence costs of €29.6 million in 2010 and €9 million for the first quarter of 2011. However, NAMA had factored these costs into the acquisition price of the assets and these were recovered from the participating institutions in the form of a reduced payment for the assets.

Banking Sector Regulation 76. Deputy Kevin Humphreys asked the Minister for Finance the efforts, if any, that have been made to recoup the €1,000,000 bonus paid by Irish Nationwide Building Society to Michael Fingleton which Mr. Fingleton indicated he would return; if he proposes to take any action on this promise; and if he will make a statement on the matter. [20242/11]

Minister for Finance (Deputy Michael Noonan): The outgoing board of Irish Nationwide Building Society made many efforts to recoup the bonus paid to the former CEO of the Society in 2008. Now that the INBS has merged with Anglo Irish Bank, I regard the commitment of the former CEO to return the bonus to the society as one that remains outstanding to the new merged entity. Therefore, I have asked the Board of the new merged entity to continue to strongly press this matter. I fully encourage and support its efforts to recoup the payment in accordance with the commitment made by the former chief executive of INBS.

Consumer Protection 77. Deputy Seán Kyne asked the Minister for Finance pursuant to the Central Bank and Financial Services Authority of Ireland Act 2004 and the S.I. 190 of 2005, if he will confirm that sole traders and persons operating a business which is not a limited company are excluded from the definition of consumer for the purposes of being eligible to have a complaint investigated by the Financial Services Ombudsman; and if so, if alternative remedies exist, other than internal complaints procedure, for such persons who encounter problems and disputes with financial institutions. [20281/11]

Minister for Finance (Deputy Michael Noonan): The Financial Services Ombudsman’s Bureau has confirmed that, under current legislation — the Central Bank and Financial Services Authority of Ireland Act, 2004 and S.I. 190 of 2005 — sole traders as natural persons

642 Questions— 13 July 2011. Written Answers acting in the course of, or in connection with, the carrying on of a business are excluded from the definition of “consumer” (and accordingly “eligible consumer”) for the purposes of bringing a complaint to the Financial Services Ombudsman. Such persons, who may have disputes with financial institutions, have the right to apply to the courts for redress. If the sole trader’s complaint relates to the refusal or reduction in credit from a NAMA participating bank, in certain circumstances he or she may be entitled to lodge an appeal with the Credit Review Office. On application from a borrower who is a farmer or a small or medium sized enterprise operator, that office will carry out an independent review of a NAMA participating bank’s decision to refuse or reduce credit.

Departmental Staff 78. Deputy Jerry Buttimer asked the Minister for Finance the number of staff in his Depart- ment specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20388/11]

Minister for Finance (Deputy Michael Noonan): At present, there are 30 staff at various grade levels working in my Department who are assigned full-time to monitor EU policy developments. In some cases, the officer’s role encompasses both EU and domestic policy developments. I have set out below details of those roles which are most heavily engaged in monitoring EU Policy. A Second Secretary attends Eurogroup and ECOFIN with the Minister and represents Ireland at Economics and Financial Committee (EFC) meetings. This official also holds responsibility for advising the Minister on Irish Budgetary Policy. An Assistant Secretary is responsible for the development of Ireland’s budgetary and economic policy and ensuring we meet our obligations under the Stability and Growth Pact, the National Reform Programme and the Euro Plus Pact. He is also involved in developing Ireland’s negotiating position in the EU Budget negotiations for 2014-2020. There are three Principals directly engaged in EU policy through attendance at EFC, Econ- omic Policy Committee (EPC) and Management of the External Programme Compliance Unit. In addition, one Principal has responsibility for monitoring EU Budget developments and co- ordination of Ireland’s response to the latest proposals. This involves consultation with a number of other line Departments. The Principal also has responsibility for international financial institutions. There are four Assistant Principals and seven Administrative Officers fully engaged in monitoring EU developments with the EU Budget and at EFC, EPC, Eurogroup and ECOFIN and preparation of the Minister’s brief for attendance at EU meetings. Two Principals, three Assistant Principals and two Administrative Officers monitor Financial Services Regulatory and Financial Stability developments at EU level and ensure Irish Finan- cial Regulations and Financial Stability and Crisis Management policies conform to EU standards. They are also involved in other financial services sector responsibilities. A Principal, an Assistant Principal and an Administrative Officer are directly involved in the examination of the Commission Proposal on the Common Consolidated Corporate Tax Base, among other duties. Also, one other Principal, an Assistant Principal and an Administrative Officer deal with VAT policy developments at EU level as part of their overall role in the management and development of VAT policy on foot of the Irish budget. In addition, there are other officers who deal with EU tax policy on different tax heads, as needed. With regard to the Permanent Representation, one Principal Officer and three Assistant Principals are on secondment from the Department of Finance in Brussels. They monitor economic, financial services, EU budget and fiscal policy on a daily basis and represent Ireland at various working party meetings. The Deputy will be aware that the Permanent Representation comes under

643 Questions— 13 July 2011. Written Answers

[Deputy Michael Noonan.] the remit of the Minister for Foreign Affairs. I am conscious of the importance of being fully informed about EU developments. I believe the staff complement assigned by me to EU related duties reflects the importance placed by me on ensuring all EU policy proposals are rigor- ously evaluated.

School Staffing 79. Deputy Ciarán Lynch asked the Minister for Education and Skills if any resolution will be found regarding the eligibility of a person (details supplied) in County Waterford seeking a permanent teaching post; and if he will make a statement on the matter. [20225/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The primary redeployment panel rules agreed between the relevant education partners and my Department are published on my Department’s website and provide supplementary panel rights to eligible fixed-term teachers with between three and five years reckonable teaching service. The supplementary panel becomes operational when all permanent and CID holding teachers have been redeployed into vacancies that exist in other schools. The process of allocating teaching resources to schools for 2011-12 and the arrangements for filling vacant or new teaching posts, including temporary posts, takes place in the context of the EU-IMF Programme of Support for Ireland and the Public Service Agreement 2010-14. It is necessary for my Department to exercise additional control and reporting measures this year to ensure the number of teachers employed in schools is consistent with the EU-IMF Programme of Support for Ireland. Flexible redeployment arrangements are required to ensure all surplus permanent teachers are redeployed into vacancies. The country simply cannot afford to have surplus teachers in a school while permitting recruitment to take place in another school. The teacher referred to by the Deputy has insufficient service to be included on the supplementary panel. It is the intention of the Department to restore recruitment from fixed- term teachers on the redeployment panels and public advertisement as appropriate at the earliest possible opportunity after all the surplus permanent teachers have been redeployed.

Special Educational Needs 80. Deputy Aodhán Ó Ríordáin asked the Minister for Education and Skills if he will review the special needs assistance requirements in the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [20157/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE has issued a circular to all schools advising of the allocation process for the 2011-12 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18 March 2011. It is in the process of informing schools of their annual SNA allocation for the coming school year.

School Curriculum 81. Deputy Arthur Spring asked the Minister for Education and Skills his position on curricu-

644 Questions— 13 July 2011. Written Answers lum provision and children’s entitlements with particular reference to English in the junior and senior infant classes at a school (details supplied) in County Kerry; and if he will make a statement on the matter. [20183/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Department of Education and Science issued a circular to Irish-medium schools in 2007 stating that the teaching of English could not be delayed beyond the end of the first term in Junior Infants. The circular was the subject of an application for judicial review by An Foras Pátrúnachta and two Gaelscoileanna. Having considered submissions regarding proposals to prescribe the primary school curriculum by regulation and following discussions with Irish language interests, the Department is proposing to proceed by introducing a regulation that will prescribe the primary curriculum. The regulation will stipulate that the teaching of English may be delayed in Irish-medium schools up to the end of the first term of senior infants, subject to the approval of the school’s board of management and following consultation with the patron, teachers and parents’ association. The Minister intends to provide a copy of the draft regulation to the education partners and Irish language organisations, prior to laying it before the Houses of the Oireachtas.

Schools Building Projects 82. Deputy Robert Dowds asked the Minister for Education and Skills the position regarding an application for a three classroom extension to a school (details supplied) in County Dublin. [20192/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The building project for the school referred to by the Deputy is currently at an advanced stage of architectural planning. In January of this year, my Department issued authorisation to the school and its design team to complete stage 2(b) of architectural planning. A request for additional design team fees is currently under review by my Department. When this issue has been resolved, the Design team will then proceed to completion of stage 2(b) of architectural planning. Upon completion of Stage 2(b) the Design Team will submit the required documentation to my Department. Subsequently assuming no further issues arise, my Department will be in contact with the Board of Manage- ment with regard to the further progression of the project.

Special Educational Needs 83. Deputy Michael McGrath asked the Minister for Education and Skills the position regarding the allocation of an special needs assistant in respect of a person (details supplied) in County Cork. [20194/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE has issued a circular to all schools advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and are currently in the process of informing schools of their annual SNA allocation for the coming school year.

645 Questions— 13 July 2011. Written Answers

[Deputy Ruairí Quinn.]

The NCSE will advise schools early in the new school year of a review process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

84. Deputy Paul J. Connaughton asked the Minister for Education and Skills if a special needs assistant (details supplied) will be given preference for full-time work if such work becomes available. [20204/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Firstly, I wish to clarify for the Deputy that Special Needs Assistant (SNA) allocations are not permanent, as the level of SNA support allocated to a school may be increased or decreased as pupils who qualify for SNA support enrol or leave a school. They are also decreased where a child’s care needs may have diminished over time. A Special Needs Assistant whose post is surplus to the approved allocation to the school may be entitled to a redundancy payment under the terms of circular 58/2006 — titled Redundancy Arrangements for Special Need Assistants. Support to SNAs who may have been made redundant is provided for within the terms of this scheme. The recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. The Board is the SNA’s employer and the terms of employment are subject to the conditions of the contract of employment. The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. The NCSE has issued a circular to all schools advising of the allocation process for SNA support for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of SNA support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and are currently in the process of informing schools of their annual SNA allocation for the coming school year.

85. Deputy Clare Daly asked the Minister for Education and Skills if he will restore the mild general learning disabilities class at a school (details supplied). [20206/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to clarify for the Deputy that the National Council for Special Education (NCSE), through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports. This includes the allocation of resource teaching hours to schools as well as the establishment of special classes in various geographical areas as required and the discontinuation of such classes where the need no longer exists. The NCSE operates within my Department’s criteria in allocating such supports. In respect of special classes, schools are required to observe Department policy in enrolling children to these classes. This includes having a professional assessment confirming that the child’s attainment levels meet the Department’s criteria and a recommendation for special class

646 Questions— 13 July 2011. Written Answers placement. Schools are eligible for resources for special classes when the pupils enrolled meet the Department’s criteria and where there are enough eligible pupils to retain a class. In respect of pupils with mild general learning disability enrolled in the class being suppressed due to reduced pupil numbers, these pupils will have access to additional teaching support through the teaching resources allocated to the school under the General Allocation Model (GAM). Schools in the Delivering Equality of Opportunity in Schools (DEIS) programme with Band 1 status, including the school in question, receive beneficial GAM allocations in addition to enhanced pupil-teacher ratios. There may be instances where children who are enrolled in a MGLD class fall within the low incidence disability category. These children may qualify for individual resource teaching support through the National Council for Special Education (NCSE) and it is open to schools to liaise with the local Special Educational Needs Organiser (SENO) in this regard.

School Transport 86. Deputy Clare Daly asked the Minister for Education and Skills if he will ensure that a person (details supplied) in County Tipperary is permitted to use school transport to access a school in view of the fact that this school has been established by all experts as the school which is best placed to meet their needs and enable them to develop their potential as they are entitled to under the Education for Persons with Special Educational Needs (EPSEN) Act 2004. [20207/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The child, referred to by the Deputy, is not eligible for school transport under the terms of the School Transport Scheme for Children with Special Needs. My Department is finalising arrangements to introduce concessionary transport, in certain circumstances, for ineligible children with special educational needs from the beginning of the 2011/12 school year. Detailed information on the updated scheme will be available on my Department’s website shortly.

Schools Building Projects 87. Deputy Michael McGrath asked the Minister for Education and Skills the position regarding the appointment of a design team for an extension to a primary school (details supplied) in County Cork. [20209/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Additional information has been sought from the Patron in relation to the project. When this information is received, the project will be further progressed.

88. Deputy Sean Fleming asked the Minister for Education and Skills the position regarding planning for a school project (details supplied) in County Carlow; and if he will make a statement on the matter. [20214/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A major project for the school referred to by the Deputy was included on the list of projects on the work programme for 2011, which was announced on 24 January last. The Accommodation Brief has now been agreed with the School Management which will include the provision of a Special Needs Unit. The next stage involves the appointment of a Design Team and this process is expected to commence shortly. All large scale building projects, including this proposed project, will be considered within the context of my Department’s multi-annual School Building and Modernisation Programme.

647 Questions— 13 July 2011. Written Answers

[Deputy Ruairí Quinn.] In light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the provision of permanent accommodation for this school at this time. The current status of all projects on the school building programme, including this project, may be viewed on my Department’s website at www.education.ie and this will be updated regularly throughout the year.

Higher Education Grants 89. Deputy Sean Fleming asked the Minister for Education and Skills the details of the reduction in grants payable to students attending third level college depending on their distance from home; the amount of these payments that will be reduced; his views on students who are finding these reductions in the grant very difficult to sustain and to remain in college as a result; and if he will make a statement on the matter. [20215/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy is referring to a change to the student grant scheme introduced by his Government under Budget 2011 which changed the qualifying distance criterion for the non-adjacent rate of grant from 24kms to 45kms. Some 18,000 students qualifying for grant support are estimated to live between 24kms and 45kms from their colleges. From next September, students eligible for a maintenance grant in this cohort will receive the adjacent rate of grant together with payment of their fees or student contribution. All students on particularly low incomes will continue to receive a “top-up” in the special rate of grant. The Student Assistance Fund at some €5m continues to be made available through the access offices of third-level institutions to assist students in exceptional financial need.

Departmental Properties 90. Deputy Patrick O’Donovan asked the Minister for Education and Skills the reasons, stipulated by his Department, preventing the use of schools, primary or secondary, for community purposes; and if he will make a statement on the matter. [20220/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the primary responsibility of my Department in this area is the provision of school facilities for the effective delivery of the curriculum. In addition, the Deputy might note that school authorities have a considerable degree of autonomy in relation to how their premises are managed and utilised at local level. However, I do recognise that there is a lack of recreational facilities for community use in certain areas which could be met if school premises were made available to the wider community. To encourage schools in this respect, my Department issued a circular to Trustees, Boards of Management and Principals of Primary and Voluntary Secondary Schools in March 2005 urging Trustees and Boards of Management to make their facilities available where possible for community education and recreation purposes. Decisions in relation to the use of school facilities remain entirely at the discretion of the school authorities, subject to the condition that the needs of the students attending the school are prioritised in the first instance. My Department has also progressed a number of school building projects within the Fingal County area of Dublin with the Local Authority and Developers to produce an integrated solution to education and community facilities that matches the delivery of new housing. I believe that the lessons learned from this approach can be used to advantage across the country in future, particularly in the area of shared community facilities.

648 Questions— 13 July 2011. Written Answers

My Department’s position generally is that the availability of such facilities should be self- funding i.e. adequate to cover the heat/light/caretaking arrangements as well as making some contribution to the repair of wear and tear on premises caused by increased use. Of utmost importance, schools should ensure that insurance and security are covered as it is unlikely that the school’s insurance policy would cover non-school activities or that a caretaker would be routinely available to open/lock up premises.

Educational Projects 91. Deputy Kevin Humphreys asked the Minister for Education and Skills when he will release funding for the national roll out of the FÍS digital literacy network in primary schools; and if he will make a statement on the matter. [20243/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department acknowledges the good work of the FÍS visual literacy and film project. A request for additional information has been made by my Department in relation to this project. Once all relevant information is available, a decision will be made as soon as possible thereafter.

Skills Development 92. Deputy Dessie Ellis asked the Minister for Education and Skills the position regarding the joint work undertaken by the skills expert group and the expert group on future skills to access the skills demand across the island of Ireland and the implementation of their recommendations; the steps taken by him in conjunction with the relevant Department in the North to address the current and future skills needs across the Island; if he will detail meetings held with the relevant Minister in the North on developing a comprehensive and co-ordinated approach to meeting the skills needs across the island; if he will detail discussions held with the relevant Minister in the North to ensure the delivery of effective and efficient skills training to meet the needs of Border counties; and if he will make a statement on the matter. [20250/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I understand from Forfás, Ireland’s policy advisory board for enterprise, trade, science, technology and innovation, that in recent years there have been many examples of both Forfás and the Northern Ireland Department for Employment and Learning working together to share information and to understand more fully the labour market on both parts of the island of Ireland. These include joint meetings of the Expert Group on Future Skills Needs and the (then) Northern Ireland Skills Expert Group, the production of the All Island Skills Report the All Island Skills Conference in 2008 and the steering of research into management skills North and South. A Comprehensive Study on the All-Island economy (2006) commissioned by the British- Irish Intergovernmental Conference, emphasised the benefits of working together in a co- ordinated way to ensure that the necessary skills are in place to encourage sustained growth. The two skills expert groups established North and South — the NI Skills Expert Group and the Expert Group on Future Skills Needs agreed to work together on an All-Island Skills Study to provide the evidence for delivering the required workforce skills across the island. This Study was completed in October 2008 and provides an evidence base for future partnership and effective working between the two skills expert groups by providing a comprehensive picture of skills demand on an All-Island basis. The Study was launched at a conference held in Derry on 9th October 2008. The conference provided an opportunity to share good practice and maximise opportunities for future North/South cooperation. It discussed future challenges and opportunities facing economies

649 Questions— 13 July 2011. Written Answers

[Deputy Ciarán Cannon.] North/South and potential responses to help sustain future economic and social development. Since then a number of meetings have been held between the chairperson and head of the Education, Skills and Labour Market Policy, Forfás and the new Northern Ireland Skills Adviser. The purpose of the meetings is to provide an exchange of information on the role, functions and work of the Expert Group on Future Skills Needs and on the prospective work of the Northern Ireland Skills Adviser and on respective research work being undertaken — such as on the demand for high-level ICT skills and the skills demand needs of the green economy. A senior Forfás official is a member of the Northern Ireland Employment & Skills Advisory Group and provides input and advice into discussions and sharing of related information on learning arising from the work of the Expert Group on Future Skills Needs on a regular basis. I also understand that the CEO Forfás addressed the Department for Employment and Learn- ing’s Annual Skills Conference in Belfast on 25 May 2011. As regards North South cooperation in the education sphere, in the context of the terms of the Good Friday Agreement, my Department co-operates with the Department of Education Northern Ireland to take forward this co-operation through the structures of the North South Ministerial Council (NSMC) in four designated areas of cooperation: special education needs, educational underachievement, teacher qualifications and superannuation and school, youth and teacher exchanges. The area of skills training is not currently an agreed area of North South cooperation in this context. The Northern Ireland Department of Employment and Learning (DEL) has responsibility for further/vocational and higher education matters as well as employment matters and skills training in Northern Ireland. While my Department does not formally engage with DEL within the structures of the NSMC, both Departments liaise on North South education cooperation issues as required. There is also good co-operation between third level institutions in both jurisdictions in relation to third level courses and research programmes. My colleague, Minister Ruairí Quinn T.D., will be meeting with Minister Stephen Farry, M.L.A., the Northern Ireland Minister for Employment and Learning, next week on a bilateral basis to further the process of developing closer linkages between the two Departments and to discuss areas where joint working might prove beneficial.

Schools Building Projects 93. Deputy Brendan Griffin asked the Minister for Education and Skills the position regarding the building of a new school (details supplied) in County Kerry; and if a projected time frame for the project will be given. [20269/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A major project for the school to which the Deputy refers was included on the list of projects on the work programme for 2011, which was announced on 24 January 2011. The project brief has now been agreed with the School Management. The next stage involves the appointment of a Design Team and this process is expected to commence shortly. All large scale building projects, including this project, will be considered within the context of my Department’s multi-annual School Building and Modernisation Programme. In light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the provision of permanent accommodation for this school at this time. The current status of all projects on the school building programme, including this project, may be viewed on my Department’s website at www.education.ie and this will be updated regularly throughout the year.

650 Questions— 13 July 2011. Written Answers

94. Deputy Brendan Griffin asked the Minister for Education and Skills if he will prioritise the building of a new school (details supplied) in County Kerry; and if he will make a statement on the matter. [20270/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A major project for the school to which the Deputy refers was included on the list of projects on the work programme for 2011, which was announced on 24 January 2011. The project brief has now been agreed with the School Management. The next stage involves the appointment of a Design Team and this process is expected to commence shortly. All large scale building projects, including this proposed project, will be considered within the context of my Department’s multi-annual School Building and Modernisation Programme. In light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the provision of permanent accommodation for this school at this time. The current status of all projects on the school building programme, including this project, may be viewed on my Department’s website at www.education.ie and this will be updated regularly throughout the year.

School Staffing 95. Deputy Brendan Griffin asked the Minister for Education and Skills if a second English, as an additional language teacher, will be retained at a school (details supplied) in County Kerry; and if he will make a statement on the matter. [20272/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that school to which he refers lodged an appeal to the Primary Staffing Appeals Board for a review of its allocation for language support for the 2011/12 school year (Circular 15/2009). Having considered the case at its meeting on 30 June 2011, the Board refused the appeal and the school has been notified of the outcome. The Appeal Board operates independently of the Depart- ment and its decision is final.

Asbestos Remediation Programme 96. Deputy Martin Heydon asked the Minister for Education and Skills if he will put in place necessary safeguards to ensure that all asbestos removal works carried out in schools are performed by approved asbestos removal contractors who are authorised to carry out such work; and if he will make a statement on the matter. [20273/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to inform the Deputy that procedures and guidelines are already in place to ensure the safe removal of asbestos from schools. When a school authority receives funding from my Department to carry out refur- bishment works to their school building, they are advised of their responsibilities as Client for the project under the Safety Health and Welfare at Work Act 2005 and the Safety Health and Welfare at Work (Construction) Regulations, Statutory Instrument (S.I.) 504 of 2006. In particular school authorities are advised that they must receive written confirmation from all Consultant(s) appointed by them to assist with the delivery of their approved project that they are aware of the contents of the School’s Safety File and the School’s Asbestos Register. The school management authority is also required to provide written confirmation that their consultants has checked the school safety file and have taken appropriate action in relation to the safe removal of asbestos before my Department will issue any payments in respect of the approved works. In addition school authorities are informed that guidelines documents on

651 Questions— 13 July 2011. Written Answers

[Deputy Ruairí Quinn.] “Asbestos Management in Schools” and the “Code of Practice for Management of Asbestos Material in Schools” are available on my Department website at www.education.ie.

Residential Institutions Redress Scheme 97. Deputy Seán Crowe asked the Minister for Education and Skills the provisions that have been made by him to obtain 50% of the cost of compensation paid out to victims of institutional abuse, arising from the provisions for the 2002 redress Act, who were resident in institutions that did not profess a Roman Catholic ethos; the moneys that have so far been paid to the State by such institutions; the history of discussions between civil servants and the representatives of these institutions; and his views that the failure to obtain or even to pursue 50% of compensation, arising from payments under the redress Act to residents of institutions professing a non-Roman Catholic ethos, from these institutions might imperil, as a result of possible court challenges, payments from Roman Catholic bodies and/or institutions, considering the provisions of Article 44.2 and 44.3 of the Constitution. [20277/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A total of 139 institutions were included in the schedule of specified institutions to the Residential Institutions Redress Act, 2002 to 2005. Religious ethos was not a criterion for inclusion in the Schedule. While the majority of these institutions were managed by the 18 religious congregations who were party to the 2002 Indemnity Agreement, others were managed by other congregations, State bodies, voluntary bodies/management committees or pursuant to Trusts. My Department has written to the management bodies of specified institutions, outside of the eighteen congregations who were party to the 2002 Indemnity Agreement, requesting them to consider making a contribution towards the costs of the response to residential institutional abuse. No contributions have been realised from this process to date. As announced last week, the potential of the management bodies, outside of the 18 congregations, to similarly transfer school infrastructure will be explored.

School Staffing 98. Deputy Brendan Smith asked the Minister for Education and Skills if he has examined if and the way there should be pension consequences for retired teachers taking up short-term teaching posts or substitute positions; and the outcome of this examination. [20366/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Department applies abate- ment of pension to retired teachers where the amount of pay together with the pension being received is greater than the pay on which the pension is based. The effect of this is to reduce or sometimes stop pension where a retiree returns to teaching. There have been a number of employment related changes introduced in the past year which impact on teachers in receipt of a pension. From 1st January 2011, teachers who are in receipt of an occupational pension and who return to teach are remunerated at the first point of the reduced salary scales instead of their pre-retirement personal rate of pay. Given that the majority of teachers retire at the top of the incremental salary scale, this represents a significant reduction in the pro-rated payments for these teachers. Also, from 1 September 2011, schools are required to hold a list of registered teachers who are not in receipt of a pension and who are available for short-term positions or substitute work. Only where a school cannot source an unemployed registered teacher may it employ a registered teacher who is in receipt of a State pension.

652 Questions— 13 July 2011. Written Answers

In light of these significant reforms, and the availability of teachers who are not retired, I expect the number of retired teachers undertaking substitute work in schools to reduce in the 2011/2012 school year. My Department will, however, monitor the situation on an ongoing basis and I remain open to considering other options, including those relating to pension, in the event that these measures are not effective.

99. Deputy Brendan Smith asked the Minister for Education and Skills the actions taken to date to ensure that all schools around the country keep a list of appropriately qualified registered teachers who are available for substitute teaching at short notice. [20367/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I recently issued Circular 31/2011 which requires that, from September 2011, schools keep a list of appropriately qualified registered teachers who notify the school that they are available for substitute teaching at short notice. The principal of the school must report to his or her Board of Management, as his or her employer, on a regular basis on the fact that such a list is being maintained.

Departmental Staff 100. Deputy Jerry Buttimer asked the Minister for Education and Skills the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20386/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department’s involvement in EU education and training issues is co-ordinated by its International Section, which is based in Dublin. At present, the duties of some two staff members of that section include a substantial involvement in monitoring EU policy developments and co-ordinating the processing of reporting requirements, dissemination of information and handling of requests and enquiries from EU institutions. In addition, one member of the staff of the Department is seconded as Education Attaché to Ireland’s Permanent Representation to the EU in Brussels. The duties of the Education Attaché also include a substantial involvement in monitoring and reporting on EU policy developments, particularly in the education and training area.

101. Deputy Jerry Buttimer asked the Minister for Public Expenditure and Reform the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20279/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The following issues of European relevance fall under my responsibility: • Policy development, management and implementation of Ireland’s EU Structural Funds Programmes under the National Strategic Reference Framework (NSRF) including co- ordination of all EU Funds and promoting Ireland’s interest in the debate on future EU Cohesion policy; • Representation of Ireland in eGovernment/ICT related activities at EU level, including the Interoperability Solutions for European Public Administrations (ISA) EU programme 2010-2015 and participation in the EU Commission’s eGovernment Bench- marking Exercise;

653 Questions— 13 July 2011. Written Answers

[Deputy Brendan Howlin.]

• Participation in the EU Working Group on Staff Regulations — effectively the pay and conditions of EU officials, which is up for renewal next year; • Participation in the European Public Administration network (EUPAN) — EUPAN is an informal network of the Directors General responsible for public administration in the Member States of the European Union and the European Commission. Currently, there are 1 Principal, 4 Assistant Principals, 2 Higher Executive Officers, 2 Executive Officers and 1 Clerical Officer dealing with EU Structural Funds Policy. In addition, 2 Assistant Principals, 1 Administrative Officer and 1 Executive Officer who, as part of their brief, also deal with EU policies relating to eGovernment and associated programmes. 1 Assistant Principal is involved in work on the Group Statut which requires attendance at approximately 12 meetings in Brussels/Luxembourg each year. All staff dealing with EU related issues are based in Dublin.

Departmental Staff 102. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the number of persons from outside the Civil Service who have been interviewed for positions by the top level appointments committee in the past four months. [20283/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Seven people from outside the civil service, six from the private sector and one from the public sector have been interviewed by the Top Level Appointments Committee (TLAC) in the past four months.

Fiscal Policy 103. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform when the work on making the Estimates available on-line in searchable form was begun; and the regu- larity with which he intends updating same. [20284/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Estimates of Expenditure data have been prepared in electronic form within my Department for a number of years and, I understand, that work on preparing this data on a searchable time-series basis for internal use has been progressing for the past 2 or 3 years in particular. However, the decision to make all of this data accessible to the public was taken soon after the establishment of the new Department of Public Expenditure & Reform. In the first instance, a searchable spreadsheet version of the indicative 2011 Revised Estimates was published as part of the launch of my Department’s website in early May 2011. It is my intention that all Revised Estimates Volumes from this point on will be made available in such a format shortly after their publication. Moreover, a new “Databank” web page was made publicly available in June 2011, following a couple of months of technical development of the internal data. The Databank — available at http://databank.per.gov.ie/ — gives full information on gross and net voted expenditure, together with expenditure for the Social Insurance Fund (SIF) and the National Training Fund (NTF), back to 1994 broken down by individual Department and vote. Work is currently underway to make all of the subhead level detail within each Vote available on the Databank over the coming weeks. I should emphasise that this is the beginning, and not the end, of the process of making this type of information available to the public. Over time, my Department will put all appropriate information in the hands of the public via the new Databank.

654 Questions— 13 July 2011. Written Answers

Proposed Legislation 104. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the timetable for the publication and enactment of legislation regarding constitutional amendments during 2011. [19805/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Programme for Government contains commitments to the holding of referenda to amend the Constitution to reverse the effects of the Abbeylara judgement and to protect the right of citizens to communicate in confidence with public representatives. The Government has also announced that it intends to hold a referendum on the right to alter judicial pay. It is my intention to bring to Government constitutional referenda proposals on both the ‘Abbeylara’ and confidentiality of communications between citizens and public representatives issues before the summer recess. My colleague the Minister for Justice and Equality is also progressing work in relation to the referendum on judicial pay. As previously indicated to the Deputy, the holding of a referendum will require the enactment of a Constitutional Amendment Bill by the Oireachtas. Once passed, the Minister for the Environment, Community and Local Government by order appoints the day and time for the referendum. Polling must be not earlier than 30 days and not later than 90 days after the date of the order. Before any constitutional amendment is finalised there needs to be detailed consideration of the complex legal issues involved but assuming satisfactory progress can be made between now and the Autumn it is intended that the people will be asked to make a determination on these three separate issues on the day they choose a successor to President McAleese.

World Trade Negotiations 105. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which he intends to impress upon his EU colleagues the necessity to ensure that EU trade negotiations in the context of the World Trade Organisation do not impact negatively on this country’s national economic recovery; and if he will make a statement on the matter. [20351/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The World Trade Organisation’s Doha Development Round of negotiations is about promoting trade liberalis- ation with a particular focus on helping developing countries. As Ireland has shown, countries that are open to trade and investment and position themselves to gain most from globalisation, can be more successful than others in sustaining growth and moving up the development ladder. Trade openness contributes to long term growth and employment, provided that it is com- plemented by appropriate policies. At the DDA talks the EU Commission negotiates on behalf of all member States, including Ireland. Through the EU Trade Council, the EU Council’s Trade Policy Committee and in other fora, I and my Department will continue to co-ordinate Ireland’s strategic approach to the ongoing negotiations and to strongly promote Ireland’s interests in every aspect of the DDA talks. Finally, the Government remains committed to the achieving the development aims of the Doha Development Round, especially for the Least Developed Countries through an ambitious, fair and balanced outcome from all parts of the negotiations. This reflects our position as a society and a trading nation with diverse manufacturing, service and agribus- iness interests.

655 Questions— 13 July 2011. Written Answers

Job Creation 106. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation the number of new jobs the Industrial Development Agency created in County Kerry in 2007, 2008, 2009, 2010 and to date in 2011; if he is satisfied with the IDA’s performance; and if he will make a statement on the matter. [20148/11]

107. Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation the plans or proposals the Industrial Development Agency has to replace the jobs lost in County Kerry to date in 2011; and if he will make a statement on the matter. [20149/11]

Minister for Enterprise, Jobs and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 106 and 107 together. The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualized basis and figures for 2011 will not be available until the end of the year. The survey shows that in the four year period, 2007 to 2010 inclusive, there were a total of 350 new jobs created in IDA supported companies in County Kerry. Details of the number of new jobs created in each of those years are set out in the tabular statement. IDA Ireland continues to promote Kerry for new inward investment across the ICT, Inter- national Financial Services and Globally Traded Business sectors. In line with the National Spatial Strategy, the Agency concentrates its efforts on the linked hub locations of Killarney in South Kerry and Tralee in North Kerry. At then end of 2010, there were 15 IDA Ireland supported companies in Kerry employing 1,313 permanent staff. Regrettably job losses occur every year for a variety of reasons including changing competitiveness, competition from sister sites, product and technology lifecycles or global location rationalisation as a result of mergers and acquisitions. In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses. While IDA Ireland seeks to influence the selection of location, the final decision on location is taken in all cases by the promoting company.

Year 2006 2007 2008 2009 2010

Number of new jobs created 73 116 86 25 50

108. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation the steps each of the State agencies in his remit are undertaking to promote job creation in Dublin north- west; the number of innovation vouchers awarded to companies in this constituency; and if he will make a statement on the matter. [20152/11]

110. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation his plans to develop innovation hubs in Dublin north-west; and if he will make a statement on the matter. [20154/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 108 and 110 together. Job creation is central to our economic recovery and the Programme for Government has job creation at its core. The role of my Department is to ensure that we have the right policies in place that will support and grow our enterprise base in order to facilitate job creation. The 656 Questions— 13 July 2011. Written Answers

Jobs Initiative announced in May focuses our limited resources on measures that offer the greatest potential for expansion and employment creation in the domestic economy. Addition- ally, it has a significant focus on tourism, and the reduction in the VAT Rate, along with the abolition of the travel tax will provide an important stimulus to tourism businesses in Dublin. The programmes supported by my Department and its agencies will be critical in achieving economic growth through promoting the export potential of enterprise in Ireland and driving our Smart Economy. The allocation of €508 million in funding for 2011 will ensure that the core programmes of the enterprise agencies are sustained and targeted as well as driving investment in research and development. This investment in the Enterprise Development agencies will drive recovery in the economy by facilitating the winning of foreign direct investments, the growth of indigenous exports and the creation of sustainable jobs. The primary role of IDA Ireland is the attraction of high quality foreign direct investment to Ireland. Dublin has a variety of high quality manufacturing and office buildings in business parks that are owned by both IDA Ireland and private developers. They are strategically placed throughout the City region and are capable of providing immediate property solutions. In terms of attracting foreign direct investment, Dublin has been a success story with a critical mass of population, skills pool, educational infrastructure, international access connections, ongoing business activity across all sectors and extensive property solutions for future activity. In 2010, there were 481 IDA supported companies operating in Dublin while employment in IDA supported companies in the Dublin City Region stood at 48,465. In that regard, North Dublin now confidently hosts world-class companies such as Citibank, Hertz, eBay, Pay Pal among many others. Recent announcements include decisions by PayPal, Marketo and Symantec, which have the potential to create 150 jobs at PayPal, 125 jobs at Marketo and 60 jobs at Symantec. The role of the County and City Enterprise Boards (CEBs) in the Dublin area is to provide a source of support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entre- preneurship at local level. During 2011, the CEBs will continue to support enterprise development through the provision of both direct financial assistance and through indirect or “soft support” assistance such as management development capability support and the development and delivery of activities to highlight and promote enterprise. During 2010 the Dublin City Enterprise Board, which encompasses the Dublin North West area, issued almost €755,000 in grant assistance to 79 clients and provided training assistance to over 1,479 participants, as well as providing a range of business advice and mentoring services. Enterprise Ireland will continue to support job creation through a number of interventions, such as supporting the establishment and growth of high potential start-up companies and supporting companies to target new opportunities in overseas markets. Enterprise Ireland has 1,055 client companies in Dublin City employing 22,235 people on a full time basis with a further 4,187 people on a contract or part time basis. North Dublin has a wide selection of enterprise space to cater for micro enterprises and start-up enterprises including Community Enterprise Centres. To date, 255 Innovation Vouchers valued at €5,000 each have been awarded to companies on the North side of Dublin in order to help them explore new commercial ideas or source innovation solutions to business problems in higher education institutions. Enterprise Ireland’s campus incubation programme provides a protective environment on third-level campuses where new companies can grow significantly in their formative years. To date, DCU and its Invent Centre has received €2.3m, of which €1.65m went towards business incubation space and €0.65m towards more specialised “bio space”. At present, there are in the region of 15 enterprises in the centre employing about 70 people. In addition, the “Invent”

657 Questions— 13 July 2011. Written Answers

[Deputy Richard Bruton.] centre has been funded over €1.9m by Enterprise Ireland in order to support the employment of technology transfer professionals in the centre. In 2008, Enterprise Ireland approved over €1m in funding towards the development of IT Blanchardstown’s incubation centre, to assist start up businesses. The funding was used to assist the college in providing extra incubation space within the Institute’s Learning and Innovation Centre (LINC).

109. Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation the number of jobs in companies in Dublin north-west that are being supported by Industrial Development Agency grants; the companies involved; their location in the constituency; and if he will make a statement on the matter. [20153/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): In terms of attracting foreign direct investment (FDI), Dublin has been a success story with a critical mass of population, skills pool, educational infrastructure, international access connections, existing business activity across all sectors and extensive property solutions for future activity. I am informed by IDA that data is provided on the Dublin City Region as a whole and is not broken down by area. At the end of 2010, there were 481 IDA client companies employing 48,465 people located in the Dublin City Region. Dublin traditionally has been a centre for manufacturing industry for FDI but in recent years there has been a shift away from manufacturing to more knowledge-based higher value-added projects in fund management, e-Com- merce, Software and high-end back office functions. To date in 2011 there have been a significant number of investment announcements for Dublin with the potential to create over 1,000 jobs. Details are set out in the tabular statement.

Announcements in Dublin 2011

Date Company Jobs Project Activity

10/01/11 Murex 30 Expansion of Financial Software systems development centre 16/02/11 PayPal 150 customer support European operations and customer service positions headquarters 30/03/11 LinkedIn 100 jobs Sales, business development, marketing and customer services 6/4/11 Asset Control 50 jobs Technology centre of excellence 19/4/11 Gilt Groupe 100-200 jobs International HQ and Software development centre & Customer support centre 30/5/11 Marketo 125 jobs Software 7/6/11 Dell 150 jobs Cloud Computing 10/06/11 Zynga Zynga’s biggest European office and multilingual operations centre in Dublin plans to recruit additional talent to service the international players of its games with customer support in multiple languages 15/06/11 BNY Mellon 50 BNY Mellon, a global leader in investment management and investment servicing is to establish a new company in Dublin, BNY Mellon Clearing International 21/06/11 Symantec 60 Global leader in security, storage and systems management, is to establish a new team within its European Operations Centre in Dublin.

658 Questions— 13 July 2011. Written Answers

Date Company Jobs Project Activity

23/06/11 Butterfield 60 jobs (bringing workforce Butterfield Fulcrum, a leading fund total to 100) administration company, is to increase its workforce in Dublin city centre to 100 people. The investment is supported by the Irish Government with the aid of IDA Ireland. 07/07/11 SAP 100 SAP announced that it is extending its commitment to its Irish operations with the news that it is to sign a lease on a new 1,350 square meter facility in Citywest and is currently recruiting for 100 jobs.

Question No. 110 answered with Question No. 108.

Research Funding 111. Deputy Dessie Ellis asked the Minister for Jobs, Enterprise and Innovation the targets set by him to draw down funding under the seventh framework programme for research and development; if he will provide details on a year by year basis of the draw down of funding from the seventh framework programme for research and development; the number of projects funded, and their value, from the seventh framework programme for research and development that have a significant North-South dimension; the number of projects and their value in which the bodies from here are a lead partner that includes a researcher based in Northern Ireland; and if he will make a statement on the matter. [20282/11]

Minister of State at the Department of Jobs; Enterprise and Innovation (Deputy Sean Sherlock): The EU Seventh Framework Programme for Research and Technological Develop- ment, (FP7) covers the period 2007-2013 and has a budget of approximately €50 billion. The national target for drawdown by Ireland from FP7, over the seven-year period, is €600 million. The tabular statement that is being provided with the official reply provides details of the amounts of funding awarded to Irish participants to date. The number and value of projects funded from FP7 which have a North-South dimension, are as follows: Some 43 projects, securing €35.2 million, have a North-South dimension. These projects involve 119 Irish participants (47 from Northern Ireland and 72 from the State). The amount of funding awarded was €8,495,247 to Northern Ireland participants, and €26,699,845 to participants from the State. The period covered, for which latest figures are available, is from 2007 to April 2011, inclusive. Details of the number and value of projects funded, in which the lead partner is from the State and includes a researcher from Northern Ireland, are as follows: 16 projects securing €20.9 million, have the lead partner in the State and include a researcher from Northern Ireland. The breakdown of funding to these projects is €17.5 million to the participants from the State and €3.4 million to participants from Northern Ireland. FP7 has long been identified as an area where cross-border collaboration is feasible and makes eminent sense. In order to maximise Irish participation in FP7, Ireland’s National Sup- port Office, which is headed by Enterprise Ireland, leads an all-island approach by all of the relevant agencies to promote FP7 and support the participation of companies and research organisations to provide significant competitive advantage for the island of Ireland. The aim is to focus on areas and instruments that present opportunities for cross-border collaborations, including opportunities to exploit existing and future sectoral networks. One example of this 659 Questions— 13 July 2011. Written Answers

[Deputy Sean Sherlock.] approach was the recently held Regions of Knowledge Conference in Belfast, on 30th June, 2011, which was attended by representatives of the research community from both sides of the border.

Table

Overall funding from FP7 to Irish participants per annum to date

€m*

2007 49 2008 32 2009 72 2010 116 2011 26**

Total 295 *Amount of funding notified by the Commission for allocation to Irish-based participants (not including Northern Ireland) in proposals approved for funding during the year in question **This figure to April 2011 only.

Departmental Staff 112. Deputy Jerry Buttimer asked the Minister for Jobs, Enterprise and Innovation the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; and if his Department does not have staff specifically assigned to monitor EU policy developments, when last, if ever, were such staff specifically assigned to such a role. [20390/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): My Department has an EU Affairs Section specifically dedicated to monitoring EU developments. There are 4 staff in the EU Affairs Section of the Department. The role of the Section is primarily to:

1. Define, coordinate and develop the Department’s position on EU policy matters and its relationship with the EU Institutions.

2. Oversee key aspects of the Department’s EU priorities with particular regard to the Europe 2020 Strategy and the coordination of relevant inputs into Ireland’s National Reform Programme and other cross-cutting and horizontal issues at EU level.

3. Manage and coordinate planning and preparation for Ireland’s EU Presidency 2013.

The Department also has 5 staff in the Permanent Representation of Ireland to the EU in Brussels (PRB). The Department’s staff in the PRB serve the Committee of Permanent Rep- resentatives (COREPER), other key EU Committees, Working Groups and liaise with EU Affairs Section and relevant Policy Sections in the Department. They cover areas such as Trade policy, Company Law, Consumer Issues, Competition, Research and Development, Intellectual Property and Patents, Industrial Policy, State Aids, Internal Market and Employment. In addition, staff across every division within my Department are involved in policy formulation in their areas nationally and contributing to developments at EU level through engagement with the EU institutions and other Member States.

660 Questions— 13 July 2011. Written Answers

Social Welfare Code 113. Deputy Robert Dowds asked the Minister for Social Protection when the national carer’s strategy will be launched and implemented. [20189/11]

114. Deputy Robert Dowds asked the Minister for Social Protection if she will provide an update on the half-rate carer’s allowance; and if she will make a statement on the matter. [20190/11]

115. Deputy Robert Dowds asked the Minister for Social Protection if she will provide an update on the carer’s grant; and the amounts to be paid to carers. [20191/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 113 to 115, inclusive, together. The Government is committed in the Programme for Government to developing a carers’ strategy. It will consider how best to progress the development of the strategy, taking into account the prevailing economic realities and the work that was carried out previously. The Department of the Taoiseach chaired an interdepartmental group in 2008 which undertook work, to develop a National Carers’ Strategy. The Departments of Finance, Enterprise, Trade and Employment, Health and Children, and Social and Family Affairs, as well as the Health Services Executive (HSE) and FÁS were represented on the group. As my Department is responsible for providing income supports for carers, it will of course have a role in developing and implementing a strategy. However many of the issues of most concern to carers are the responsibility of other Departments, in particular the Department of Health. As the strategy has not yet been developed it is not possible at this time to give any estimation as to the plans for implementation, however it will have to be developed within existing available resources. In developing and implementing the strategy, the Government will take account of our IMF and EU commitments, as well the outcomes of the comprehensive review of expenditure currently being undertaken by each Department. Despite the cuts experienced by carers under 66 in the last two budgets, over the last decade weekly payment rates to carers have greatly increased and the qualifying conditions for the schemes have been eased. The rate of carer’s allowance for those over 66 years of age did not change in the last Budget and remain at €239. The current rate of carer’s allowance for someone under 66 is €204. There are currently 51,100 people getting a carer’s allowance payment from the Department. This includes 21,500 who are receiving a half-rate carer’s allowance in addition to another social welfare payment. This allowance was introduced in September 2007 following commitments given in “Towards 2016” and recommendations made by the Joint Oireachtas Committee on Social and Family Affairs Report on the Position of Full-Time Carers. Recipients of all weekly welfare payments, other than jobseeker’s benefit/assistance and supplementary welfare allowance, are eligible to receive a half-rate payment if they are providing full time care and attention. All qualified adults are also eligible to receive the payment, including jobseeker’s qualified adults. There are also 1,700 people in receipt of carer’s benefit. Carer’s benefit was introduced in October 2000. It is a payment for people who have made social insurance contributions and who have recently left the workforce and are looking after somebody in need of full-time care and attention. In addition over 17,000 people who are not in receipt of a carer’s allowance or benefit payment received the annual respite care grant of €1,700 in June. The respite care grant was introduced in June 1999. It is an annual payment for full-time carers who look after certain

661 Questions— 13 July 2011. Written Answers

[Deputy Joan Burton.] people in need of full-time care and attention. The payment is made regardless of the carer’s means but is subject to certain conditions.

Civil Registration Service 116. Deputy Catherine Byrne asked the Minister for Social Protection the requirements for persons who wish to have a civil ceremony of marriage or a civil partnership; if public notifi- cation of the ceremony at the chosen venue is mandatory; and if she will make a statement on the matter. [20271/11]

Minister for Social Protection (Deputy Joan Burton): The requirements in relation to marriage and civil partnership are set out in the Civil Registration Act 2004 (as amended). Parties to an intended marriage or civil partnership must attend at a registrar’s office to give three months notice of that intention, to sign declarations that there is no impediment to the marriage or civil partnership, and to provide proof of identity and capacity to marry or enter a civil partnership. The legislation provides that a marriage may be solemnised by way of a religious or a civil ceremony but that a civil partnership registration can be carried out only by way of a civil ceremony. With regard to marriage, a civil ceremony may take place either at the office of the registrar or at a venue chosen by the parties to the marriage and agreed to by the registered solemniser with the approval of the HSE by reference to guidelines laid down by the Minister. In relation to civil partnership, a civil partnership registration may take place either at the office of the registrar or at a venue chosen by the parties to the civil partnership and agreed to by the registrar with the approval of the HSE by reference to guidelines laid down by the Minister. In respect of any venue, other than the office of the registrar, whether for the purpose of marriage or civil partnership, it is required that a notice must be prominently displayed at the main public entrance to the venue at least 1 hour before the marriage or civil partnership and during the proceedings. The main purpose of the requirement for a public notice at a venue is to facilitate the making of an objection to a marriage or civil partnership as provided for in the Act referred to above.

Social Welfare Benefits 117. Deputy Niall Collins asked the Minister for Social Protection the outcome of a specific application in respect of a person (details supplied) in County Cork. [20364/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the person concerned made an application for an exceptional needs payment in respect of funeral costs on 19 January 2011. The HSE further advised that the person concerned was requested to provide further information in order to process his application. The person concerned did not provide the requested information and accordingly the claim was closed in February 2011.

Social Welfare Code 118. Deputy Brendan Griffin asked the Minister for Social Protection her plans to reform the social welfare entitlement system for self-employed persons who go out of business; and if she will make a statement on the matter. [20128/11]

Minister for Social Protection (Deputy Joan Burton): Self-employed workers may establish entitlement to assistance-based payments such as Jobseeker’s Allowance. They can apply for

662 Questions— 13 July 2011. Written Answers 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. There are no plans to reform the social welfare entitlement system for self-employed persons who go out of business. Any such measure would have significant financial implications and would have to be considered within a budgetary context.

Social Welfare Benefits 119. Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20133/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that the person concerned has been awarded a rent supplement of €104 per calendar month from 1st June 2011.

120. Deputy Tom Hayes asked the Minister for Social Protection when a decision on an application under the back to school clothing and footwear scheme will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [20136/11]

Minister for Social Protection (Deputy Joan Burton): The administrative arrangements for the 2011 back to school clothing and footwear allowance scheme differ from those that applied in previous years. For this year, the majority of back to school clothing and footwear allowance entitlements were fully automated with no application form required from customers. As the person in question was not one of the customers who received an automated payment they are required to complete an application form that is available for download from www.welfare.ie or by texting “Form BTSCFA”, followed by their name and address to 51909. Completed application forms should be returned to Department of Social Protection, PO Box 131, Letter- kenny, Co Donegal.

Social Welfare Appeals 121. Deputy Brian Walsh asked the Minister for Social Protection if she will examine a case regarding a disability allowance appeal in respect of a person (details supplied) in County Galway, which has been ongoing for some time; and if a decision will be expedited. [20166/11]

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

663 Questions— 13 July 2011. Written Answers

[Deputy Joan Burton.] Appeals Office functions independently of the Minister for Social Protection and of the Depart- ment and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code 122. Deputy Brendan Griffin asked the Minister for Social Protection if she will consider extending the travel pass to cover carers and the people for whom they care; and if she will make a statement on the matter. [20173/11]

Minister for Social Protection (Deputy Joan Burton): The free travel scheme is available to people aged 66 years or over, those in receipt of carer’s allowance and carers of people in receipt of constant attendance or prescribed relative’s allowance, regardless of their age. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person’s pension. In the majority of cases, persons who are being cared for will be in receipt of a payment in their own right (for example a State pension or disability allowance) and will be entitled to have a free travel pass. This includes anyone aged over 16 who qualifies for disability allowance. For those children under 16 requiring full-time care, a domiciliary care allowance of €309.50 per month may be paid to the parent or guardian. This payment is not means tested and is to provide for the additional costs involved in providing care and supervision that is substantially more than that normally needed by a child of the same age. This may include additional travel costs. Funding for the free travel scheme is currently frozen at 2010 levels of expenditure as outlined in the National Recovery Plan 2011-2014 and the 2011 Budget. The Department, therefore, is not in a position to extend the scheme at this time.

Social Welfare Appeals 123. Deputy Michael Creed asked the Minister for Social Protection when an appeal on a domiciliary care allowance application will be held in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [20178/11]

Question No. 124 withdrawn.

664 Questions— 13 July 2011. Written Answers

Social Welfare Benefits 125. Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare has been refused mortgage interest relief; and if she will make a statement on the matter. [20195/11]

Minister for Social Protection (Deputy Joan Burton): In the time frame available, I regret that my Department is not in a position to reply to this question. My Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

126. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection the various types of financial support available to families in the aftermath of the November 2009 floods; the grants available for families; and if she will make a statement on the matter. [20208/11]

Minister for Social Protection (Deputy Joan Burton): The Government provided various types of financial support to families in the aftermath of the November 2009 floods. Assistance was provided towards: • immediate needs such as clothing, food, bedding and emergency accommodation. • essential household items such as carpets, flooring, furniture and white goods, • essential repairs and • meeting individual’s ongoing accommodation needs. Subject to certain conditions the Government decided that support may also be available to a small number of households who are continuing to experience significant housing problems as a result of the November 2009 flooding who are considering the possibility of relocating rather than resuming living at their original home.

Social Welfare Appeals 127. Deputy Ciarán Lynch asked the Minister for Social Protection, further to Parliamentary Question No. 196 of 7 June 2011, regarding an appeal in respect of a person (details supplied) in County Cork for payment of an exceptional needs payment in respect of a deposit, the reason correspondence supplied was not classed as such an appeal; and if she will make a statement on the matter. [20212/11]

Social Welfare Benefits 128. Deputy Bernard J. Durkan asked the Minister for Social Protection if a social welfare payment will be restored in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20218/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned claimed one parent family payment from 27 July 2006. Following a review, her claim was disallowed by a deciding officer from 2 June 2011 on the grounds that she failed to submit documents requested by an inspector and that she is co-habiting with her partner. She was informed of her right to appeal this decision but no appeal has been received to date.

665 Questions— 13 July 2011. Written Answers

Social Insurance 129. Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection if she has received a request to forward details of an insurance record to the Customer Operations National Insurance Contributions, Newcastle Upon Tyne, UK, in respect of a person (details supplied) in County Offaly; and if she will make a statement on the matter. [20236/11]

Minister for Social Protection (Deputy Joan Burton): Details of the insurance record for the person concerned were forwarded to the UK authorities on 26 November 2010.

Social Welfare Benefits 130. Deputy Catherine Byrne asked the Minister for Social Protection if she will clarify the payments awarded in respect of a person (details supplied); and if she will make a statement on the matter. [20252/11]

Minister for Social Protection (Deputy Joan Burton): The supplementary welfare allowance scheme is administered on behalf of the Department by the Community Welfare Services division of the Health Service Executive (HSE). The HSE has advised that the person concerned is currently in receipt of a weekly basic supplementary welfare allowance payment while her entitlement to a disability allowance payment is determined. Her claim for disability allowance is currently being considered by the Chief Appeals Office. The HSE has further advised that the person concerned is also in receipt of a rent supplement of €98.00 per week which is her full entitlement based on her personal circumstances.

Departmental Expenditure 131. Deputy Catherine Byrne asked the Minister for Social Protection the amount of money that was spent by her on the one parent family payment in 2010; the number of recipients; the number of male and female recipients; and if she will make a statement on the matter. [20256/11]

Minister for Social Protection (Deputy Joan Burton): My Department incurred a total expenditure of €1.1bn during 2010 in respect of the One-Parent Family Payment scheme in 2010. The total number of persons in receipt of this payment in 2010 was 92,326 of which there were 2,156 male and 90,170 female recipients. Further information on this scheme, and on all of my Department’s schemes, is available in the Department’s Annual Statistics Report. The Report, “Statistical Information on Social Welfare Services 2010” is published on my Department’s website, www.welfare.ie.

Departmental Staff 132. Deputy Jerry Buttimer asked the Minister for Social Protection the number of staff in her Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if her Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20280/11]

Minister for Social Protection (Deputy Joan Burton): The Department does not have staff working exclusively on monitoring EU policy developments. This function is undertaken by the EU/International Section of the Department which is responsible for ensuring that Ireland meets all its international obligations in the social welfare area. This includes monitoring EU developments, as well as taking part in a number of EU-level groups/committees and generally supporting the Department’s EU business. As well as the EU, this section covers Ireland’s

666 Questions— 13 July 2011. Written Answers social security responsibilities in relation to bodies such as the Council of Europe and the ILO and the various bilateral social security agreements it has negotiated with non-EU countries. The section is based in Dublin and is at present staffed by 6.4 posts. In addition, the Department has one member of staff seconded to the Department of Foreign Affairs and based in Brussels dealing with EU matters in the area of social affairs.

Question No. 133 withdrawn.

Social Welfare Benefits 134. Deputy Catherine Murphy asked the Minister for Social Protection the reason supplementary allowance has been withdrawn in respect of a person (details supplied) in County Kildare; if the supplementary allowance will be reinstated pending the final decision on their claim; and if she will make a statement on the matter. [20378/11]

Minister for Social Protection (Deputy Joan Burton): The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). Neither I nor my Department has any function in relation to individual cases. The HSE has advised that the payments under the supplementary welfare allowance scheme have been withdrawn from the person in question as she is not habitually resident in the state.

135. Deputy Dan Neville asked the Minister for Social Protection if an application for back to school clothing and footwear allowance will be processed in respect of persons (details supplied) in County Limerick. [20379/11]

Minister for Social Protection (Deputy Joan Burton): The administrative arrangements for the 2011 back to school clothing & footwear allowance scheme differ from those that applied in previous years. For this year, the majority of back to school clothing and footwear allowance entitlements were fully automated with no application form required from customers. As the person in question was not one of the customers who received an automated payment they are required to complete an application form that is available for download from www.welfare.ie or by texting “Form BTSCFA”, followed by their name and address to 51909. Completed application forms should be returned to Department of Social Protection, PO Box 131, Letter- kenny, Co Donegal for processing in due course.

Departmental Staff 136. Deputy Jerry Buttimer asked the Minister for Arts, Heritage and the Gaeltacht the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20382/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department has two staff specifically assigned to monitor EU policy developments and one of these is based in Brussels.

Fisheries Protection 137. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if he will provide an account of the accomplishments of the funding provided to communities through development agencies after the end of drift net salmon fishing; the reason

667 Questions— 13 July 2011. Written Answers

[ Deputy Brendan Griffin.] that crew members from the affected boats were not directly compensated; and if he will make a statement on the matter. [20132/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): In 2007 following the alignment of the management of the wild salmon fishery with the scientific advice ending the mixed stock fishery at sea, a Salmon Hardship Scheme was established to address any hardship experienced by affected commercial salmon licence holders. I understand that a Community Support Scheme was also provided, directed primarily on those communities where commercial salmon fishing has been a well-established activity and where its withdrawal demonstrably impacts on the economic and social fabric, for example, Gaeltacht areas. Former crew members, as well as others, were eligible for this scheme. The scheme focussed on retrain- ing of the affected labour force, diversification into non-salmon fishing activity and projects to promote the quality of the local environment. The Community Support Scheme was administered through 14 LEADER companies and Comhdháil Oileáin na hÉireann in respect of island communities and Meitheal Forbartha na Gaeltachta Teoranta, in respect of the Gaeltacht areas. The following table sets out the amounts allocated under the scheme to each LEADER Company.

Leader Company Allocation

Clare Local Development Co Ltd €183,000 Comhar na nOileain Teoranta €189,405 Donegal Local Development Co Ltd €294,930 Galway Rural Development Co Ltd €182,047 Inishowen Development Partnership €282,367 Louth Leader Rural Development Co €90,533 Meath Partnership €91,500 Meitheal Forbartha na Gaeltachta Teo €842,800 North & East Kerry Development €161,040 Sligo Leader Partnership Co €137,250 South & East Cork Area Development €188,000 South Kerry Development Partnership €342,210 Waterford Leader Partnership €615,400 West Cork Development Partnership €733,300 West Limerick Resources €183,000 Wexford Local Development €91,500

I am advised that all projects have been completed in accordance with the criteria establishing the scheme.

Energy Prices 138. Deputy Michael P. Kitt asked the Minister for Communications, Energy and Natural Resources the reason the cost of re-connections for electricity has increased, especially after two years of disconnection; if there is a new policy on quoting these figures; and if he will make a statement on the matter. [20120/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I have no function in the matter of disconnections of electricity customers regardless of the supply company involved. In addition, responsibility for the regulation of reconnection fees is a matter 668 Questions— 13 July 2011. Written Answers for the Commission for Energy Regulation (CER), which is an independent statutory body, with no Ministerial role or function in this matter. It is nevertheless the case that the increase in disconnections in the past twelve months is a matter of considerable concern for the Government, the CER, voluntary organisations and energy suppliers. The current economic climate is placing additional pressures on consumers and many consumers are experiencing problems meeting outgoings including energy costs. The primary responsibility to manage customer debt rests with the energy suppliers and the customer. The key message for all customers is to contact their suppliers to make arrangements before the situation gets to the point of disconnection. The CER, a statutorily independent body established under the Electricity Regulation Act, 1999, has responsibility for overseeing the regulation of Ireland’s electricity and gas sectors. CER promotes competition in the electricity and natural gas markets so that customers can ultimately benefit from competitive pressures on prices, and also protects the interests of final customers, especially the disadvantaged and the elderly, by ensuring that standards of services are set and codes of practice are in place to protect vulnerable users. As part of its customer protection remit, the CER took a number of initiatives in relation to disconnections policy during 2010. In November, changes were introduced to the allocation of costs of both disconnections and reconnections for non payment between the supplier and customer. Instead of the customer bearing the entire cost, these costs are now shared equally by the supplier. This is an interim measure and effective until December 2012. CER has also issued updated Guidelines for the Disconnections Code of Practice and reviewed the cost of disconnection and reconnection for domestic customers. In December 2010 these costs were reduced from €174 to €70 for electricity and from €123.48 to €61.74 for gas, effective from January 2011. However, when a customer is disconnected for over six months ESB Networks also requires a certificate from a registered electrician to ensure the safety of reconnection. If a dwelling is disconnected from the electricity supply for more than two years the Meter Point Reference Number (MPRN) is deregistered. After two years therefore, residents of such dwellings would have to apply for a new connection instead of reconnection. In 2011 new connection fees are €1,795 (including VAT) for a standard connection to a single house (urban or rural) that is not part of a multi-unit residential or mixed development. I have no function in the matter of connection or reconnection fees which are regulated by the CER. CER is also working with the energy supply industry on interim prepayment solutions and is also consulting with industry and other interest groups, such as the Money Advice and Budgeting Service and the Society of St. Vincent de Paul, on addressing the challenges of so- called Debt Hopping. The Commission has a statutory responsibility to provide a complaints resolution service to customers with an unresolved dispute with their supplier or network operator. An Energy Customers Team has been set up within the Commission to deal directly with customers who have complaints. CER also provides a dedicated Energy Customers website at www.energycustomers.ie, which provides consumer information on the electricity and gas market and, in particular, on how to engage with its complaints resolution service. I welcome the fact that CER is working with energy suppliers to ensure that they take all reasonable steps to assist customers through this difficult period and that electricity and gas disconnections because of genuine inability to pay are minimised and only occur as a very last resort after numerous steps have been taken by a supplier to try to prevent this happening.

669 Questions— 13 July 2011. Written Answers

Postal Services 139. Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if he will address a proper licensing and regulation system in order to protect the integrity, reputation and trust that postal customers are currently experiencing; if he will downstream access in order that there is no reconfiguration of the collection and delivery network and loss of jobs; if he will recognise the social value of the mail; and his views on the issues raised in the proposed postal service Bill. [20380/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The postal market has been open to competition since 1 January 2011 under the Third Postal Services Directive. The Communications Regulation (Postal Services) Bill seeks to put in place a robust and appropriate regulatory framework to reflect the key provisions of this Directive and offer certainty and protection to An Post, its competitors, and postal service users. While reputation and trustworthiness is for postal service providers to earn from their customers, the Bill amends the objectives of the Commission for Communications Regulation, ComReg, in the exercise of its functions to include promoting the interests of postal service users. The Bill also provides for effective regulation of all postal service providers and intro- duces certain changes to the present system of authorisation. All providers of postal services will be required to register with ComReg; to have complaints and redress procedures in place; and to submit requisite information to ComReg on request. Reflecting the key role the postal service plays at a social-economic level, a key principle of the Bill is the continuing provision and maintenance of the universal postal service, the essential element of which is the collection and delivery of mail to every home and premises throughout the State on every working day. As regards downstream access, Section 28 of the Bill currently provides that postal service providers have the right to negotiate access to the An Post network on a commercial basis and it sets out a role for ComReg only where agreement cannot be reached. I believe that this is the right approach. How An Post configures its business, including its employment arrangements, is a commercial matter for the Board and management of the company and not one in which I have a role. Furthermore, it would not be appropriate to legislate around the specifics of network access as it is not possible to predict future work arrangements and business models of postal service providers. Any legislative restriction on access could potentially be detrimental to all players including An Post. However, I am aware of, and have listened to the concerns that have been expressed on the issue of downstream access and I recently signalled to the Select Sub Committee on Communi- cations that I would explore with the Parliamentary Counsel the possibility of introducing an amendment at Report Stage in the Dáil to go some way towards addressing concerns in this regard.

Departmental Staff 140. Deputy Jerry Buttimer asked the Minister for Communications, Energy and Natural Resources the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20383/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Two members of staff in my Department are currently seconded to the Department of Foreign Affairs on assignment to the Permanent Representation in Brussels. Among the key duties of

670 Questions— 13 July 2011. Written Answers their posts they monitor EU developments generally and developments internationally, and in other international institutions relevant to the EU, in the fields of Energy, Telecommunications and the Knowledge Society. In addition staff working in policy areas in my Department monitor EU policy developments as a matter of course in the performance of their duties.

Waste Management 141. Deputy Joe McHugh asked the Minister for the Environment, Community and Local Government in the context of the planned introduction of competitive tendering in household waste collection, if he will explain the impact of new policy on existing waste operators who provide employment in each county and who have collaborated with the regulator for several years; if the new policy will put operators outside the greater Dublin area at a comparative disadvantage under the new system; and if he will make a statement on the matter. [20112/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I have recently published a discussion document to help inform the public consultation process on the Government’s commitment to introduce competitive tendering for household waste collection, whereby service providers will bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. The discussion document provides some details of how such a reorganisation of household waste collection might work, identifies potential benefits and presents some questions to which it is hoped consultees will respond. The discussion document is available on my Department’s website, www.environ.ie I invite all participants in the waste industry, including current service providers and consumers, to engage with the consultation process, which is open until 2 September 2011. Should a current service provider have specific concerns, these can be raised with my Department, through the contact details provided in the discussion document.

Planning Issues 142. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to proposals made to some local authorities to vary development plans in order to allow retirement villages be built; if he has considered the possibility of such developments adding to the surplus in land zoned for housing development; the guidelines available to local authorities regarding same; and if he will make a statement on the matter. [20184/11]

Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): In accordance with Part II of the Planning and Development Acts 2000-2010 the making, reviewing and varying of development plans are reserved functions of the elected members of a planning authority. Section 10(2) provides, as a mandatory objective in development plans, for the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population. Part III of the First Schedule to the Acts includes facilities for the elderly as an objective which may be provided for in development plans. My Department issued Guidelines for Planning Authorities on Development Plans in June 2007 to assist planning authorities in carrying out their responsibilities in these regards. The Guidelines state that planning authorities must respond to the circumstances of their own local communities when formulating development plans and emphasise the importance of consultation with the public and relevant Government Departments and agencies. My Department also issued Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas in May 2009 to promote high quality, sustainable residential development at all

671 Questions— 13 July 2011. Written Answers

[Deputy Willie Penrose.] levels of the urban hierarchy, including towns and villages. The Guidelines provide specific advice on planning for sustainable neighbourhoods including for healthcare facilities, indicating that consideration should also be given to the variety of residential needs including the needs of the elderly. It is a matter for planning authorities in the first instance to consider whether they wish to vary their development plan, having due regard to the proper planning and sustainable development of the area and to Government policy, as appropriate. As a consultee in respect of all development plans, I make my views known as appropriate through the statutory variation process, taking account of the legislative and policy framework including policies articulated in the foregoing guidelines.

Local Authority Charges 143. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government his views on allowing for the payment of the non-principal private residence charge by monthly instalments; and if he will make a statement on the matter. [20221/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Local Government (Charges) Act 2009 broadened the revenue base of local authorities through the introduction of the charge on non-principal private residences. The charge is set at €200 and is being levied and collected by local authorities. The charge is levied on a fixed liability date in each calendar year and payment becomes due two months after that date. There is then a further month’s grace period to pay the charge, giving a total of three months during which the charge may be paid before penalties for late payment commence. The Act places collection of the charge under the care and management of the relevant local authority, and interpretation and implementation of the legislation is a matter for the local authorities in the first instance.

Social Welfare Payments 144. Deputy Catherine Byrne asked the Minister for the Environment, Community and Local Government when the proposed transfer of the rent supplement scheme to local authorities will take place; and if he will make a statement on the matter. [20251/11]

Minister of State at the Department of the Environment; Community and Local Government (Deputy Willie Penrose): The new housing policy statement published by my Department on 16 June 2011 signalled key reforms in housing policy, including the phased transfer of responsibility for meeting the housing needs of long term rent supplement recipients from the community welfare service to the housing authorities. Together with Minister Burton I have already established a steering group to oversee the development of the project and a number of working groups have been established to address the wide range of complex issues arising. Pending completion of the work of the various working groups, including a Regulatory Impact Analysis, no decision can be made on the timetable for transferring responsibility for providing assistance for households currently on rent supplement to housing authorities.

Departmental Staff 145. Deputy Jerry Buttimer asked the Minister for the Environment, Community and Local Government the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20387/11]

672 Questions— 13 July 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Overall monitoring of EU environmental policy is co-ordinated by a unit in the Environment Division of my Department consisting of 6 staff who also have wider responsibilities in relation to international environment matters and sustainable development. Two more staff are on secondment to the Permanent Representation of Ireland to the European Union in Brussels to deal specifically with EU policies impacting on my Department. Other business units within the Department also contribute extensively to the development of EU environmental policy in a range of areas planning, water services, air, climate change and waste. The Community Division of my Department is also responsible for the implementation of Axes 3&4 of the EU Rural Development Programme. The Programme is derived from EU Rural Development Policy and is part of the Common Agricultural Policy (CAP). In this context a small number of staff in the Community Division have a role in monitoring and participating in the continued development of CAP as it pertains specifically to Rural Develop- ment Policy.

Proposed Legislation 146. Deputy Timmy Dooley asked the Minister for Justice and Equality the date on which the Mental Capacity Bill will be published; the steps he will take to ensure that he ratifies the Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [20115/11]

Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch): The Government Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011. The Bill will reform the law on mental capacity taking into account the Law Reform Commission’s Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The enactment of the mental capacity legislation is one of the key requirements towards enabling the State to ratify the UN Convention on the Rights of Persons with Disabilities. Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary. It is the Government’s intention to ratify the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. The ongoing implementation of our National Disability Strategy in many respects compre- hends many of the provisions of the Convention. In addition, the Inter-Departmental Commit- tee on the UNCRPD monitors the remaining legislative and administrative actions required to enable ratification. The National Disability Authority, the lead statutory agency for the sector, has also been requested to independently assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.

Departmental Investigations 147. Deputy Seán Crowe asked the Minister for Justice and Equality his views, in the context of his decision to appoint Senator Martin McAleese to review interactions between the State and Roman Catholic Magdalene Laundry institutions, but not a directly comparable institution with a Protestant evangelical ethos (details supplied) that this is a form of discrimination against residents in the home that may contravene Article 44. 3 of the Constitution; and the reason he will not allow Senator McAleese to look also at State interactions with the home. [20278/11]

673 Questions— 13 July 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): The Government has charged the inter-departmental committee with clarifying any State interaction with the Magdalen institutions and producing a narrative detailing such interaction. There are presently no plans to expand its brief beyond those institutions. Magdalen institutions are not a particularly Roman Catholic phenomenon. Many such institutions were founded by lay people in the 19th century both in Britain and Ireland to provide a place of refuge or asylum for women. However at the time the State was established, the 10 Magdalen institutions in the 26 counties were run by Roman Catholic religious congregations.

Visa Applications 148. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a visa application in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [20227/11]

149. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a visa application in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [20246/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 148 and 149 together. Based on the information supplied by the Deputy, I am informed by officials in the Visa Office of the Irish Naturalisation and Immigration Service (INIS) that a visa application was created on-line on 26th May, 2011 by the person referred to by the Deputy. However no supporting documentation was submitted by the applicant and consequently the application lapsed on time. It is of course open to the applicant to make a new application at any time. When completing an on-line visa application the applicant is assigned a unique visa trans- action number. This number must be provided where a query on the status or other enquiry regarding a visa application arises to ensure that the most accurate and up-to-date information is provided. If the Deputy could provide the relevant detail to my officials in INIS through the Oireachtas Email facility referred to below, an update can be provided. Comprehensive information on the visa application process is also available on the website of the Irish Natural- isation and Immigration Service at www.inis.gov.ie. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administra- tively expensive Parliamentary Questions process.

Departmental Staff 150. Deputy Jerry Buttimer asked the Minister for Justice and Equality the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20392/11]

Minister for Justice and Equality (Deputy Alan Shatter): The monitoring of European Union policy developments in the Department of Justice and Equality and the consequent engagement with EU working groups and delegations are undertaken by staff in line Divisions of the Department with responsibility for specific policy areas. My Department is represented on

674 Questions— 13 July 2011. Written Answers some 20 EU working groups. There are seven staff in the International Policy Division of my Department whose primary role is to contribute to the implementation of EU policy on Justice and Home Affairs issues. In addition, there is a further five staff who are on secondment to the Department of Foreign Affairs and Trade to cover Justice and Equality matters and are based in the Irish Representation to the European Union in Brussels.

Juvenile Offenders 151. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the progress he has made in emphasising alternative programmes for young offenders through extensions to the juvenile liaison officer scheme and the diversion programme in conjunction with the Department of Children and Youth Affairs and the Garda Commissioner; and if he will make a statement on the matter. [19879/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Programme for Government gives a commitment to tackle youth crime on a number of different fronts including giving a special emphasis to alternative programmes for young offenders through extensions to the Juvenile Liaison Officer Scheme and the Diversion Programme. The Deputy will be aware that the Diversion Programme, which is operated by An Garda Síochána under Part 4 of the Chil- dren Act 2001, has been successful in diverting young persons away from crime by offering guidance and support to the young people and their families. The work of the Garda Juvenile Liaison Officers under the Programme is strongly supported by the Irish Youth Justice Service (IYJS) through the funding and oversight of 100 Garda Youth Diversion Projects (GYDPs) across the country. I wish to inform the Deputy that I will continue to maintain responsibility for the diversion and community aspects of the work of IYJS, while my colleague the Minister for Children and Youth Affairs will take responsibility for the Children Detention Schools in Oberstown. I will be consulting closely with my Ministerial colleague and with the Garda Commissioner in the continuing development of programmes to tackle youth crime. I am aware that IYJS, in close partnership with An Garda Síochána, is engaged in a major change programme to enhance the effectiveness of GYDPs. These projects are developing outcome focused programmes for young people in their charge based on evidence informed service planning and delivery. The outcomes for young people relating to reduced impulsivity, increased empathy and improved pro-social behaviours, offer an effective means, alongside other complimentary interventions, of impacting high volume crime such as alcohol, drug and public order related offending. The projects continue to build capacity towards impacting on as many of these young people as possible. I will monitor the impact of these latest developments and the results will be taken on board in considering future developments in this area.

Proposed Legislation 152. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if his attention has been drawn to the fact that the special rapporteur on child protection has made numerous recommendations that the process of grooming be criminalised; the position regarding the joint work of his Department and the Department of Children and Youth Affairs on the drafting of legislation to criminalise grooming; the current stage of the Bill; the expected date of publication; and if he will make a statement on the matter. [19901/11]

Minister for Justice and Equality (Deputy Alan Shatter): The recently published fourth report of the Special Rapporteur on Child Protection discusses the issue of sexual grooming in the context of his review of child trafficking and prostitution and recommends the introduction

675 Questions— 13 July 2011. Written Answers

[Deputy Alan Shatter.] of a specific offence of sexual grooming. Under section 6 of the Criminal Law (Sexual Offences) (Amendment) Act 2007, any person who intentionally meets, or travels with the intention of meeting, a child, having met or communicated with that child on two or more previous occasions, and does so for the purpose of sexual exploitation of the child, is guilty of an offence. The definition of sexual exploitation is very broad. It includes inviting, inducing or coercing a child to engage in prostitution, using a child for prostitution, and inviting, inducing or coercing a child to participate in any sexual activity which is an offence under any enactment. The Special Rapporteur has stated that the 2007 Act does not actually criminalise the act of grooming, i.e., the initiation and encouragement of a relationship by an adult with a child for the purposes of sexual exploitation by that adult or others. He recommends that a specific offence of grooming be enacted, and also that the scenario where arrangements are made for the child to travel to the adult, be addressed. My Department has been conducting a wide-ranging examination of the law on sexual offences. Arising from this review, legislative proposals, inter alia , to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation. These include amendments to the 2007 legislation to address the Special Rapporteur’s recommendations. The review is close to completion and I expect to bring legislative proposals to Government in the coming months.

Departmental Staff 153. Deputy Jerry Buttimer asked the Minister for Defence the number of staff in his Depart- ment specifically assigned to monitoring EU policy developments; if they are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20385/11]

Minister for Defence (Deputy Alan Shatter): Policy issues arising at EU level in the context of the Union’s Common Security and Defence Policy are dealt with by the International Secur- ity and Defence Policy Branch in my Department in Newbridge. The Branch also deals with and manages Ireland’s participation in the European Defence Agency; in NATO’s Partnership for Peace (PfP); in the OSCE from a Defence perspective; and our engagement with the UN in relation to peacekeeping operations and the overseas deployment of personnel, together with all other bilateral and multilateral relationships in the Defence arena. There are 6 staff in the Branch dealing primarily with EU and EU related policy issues, although these staff would also deal with a range of other areas as outlined above. There are also 6 staff, including support staff, based in the Permanent Representation in Brussels and in the NATO/PfP Liaison Office dealing with EU and NATO/PfP Issues. Military staff are assigned duties within Defence Forces Headquarters, providing military advice in relation to Defence issues arising at EU level and within NATO/PfP, the OSCE and the UN. Military staff are also deployed in the Permanent Representation in Brussels, the NATO/PfP Liaison Office, the OSCE in Vienna and Ireland’s Permanent Representation to the UN in New York. While the deployment of contingents of the Permanent Defence Force on overseas operations is very much the public face of the Defence organisation’s international engagements, International Security Policy and Ireland’s pro-active engagement at the policy level in the development of CSDP and NATO/PfP is important in terms of our international credibility and our re-engagement with the European Union. Monitoring developments and representing Ireland’s interests in these fora is a key focus for the team in my Department who work in this area.

676 Questions— 13 July 2011. Written Answers

154. Deputy Paudie Coffey asked the Minister for Agriculture, Fisheries and Food in view of the potential and objectives in Harvest 2020 if he will accede to a request from Teagasc to hire 16 extra teaching staff which would allow the enrolment of more than 300 students in agricultural colleges; and if he will make a statement on the matter. [20113/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The availability of a well educated and skilled work force has a vital role to play in supporting sustainable farming and in enabling the agri-food sector meet the Food Harvest 2020 targets for growth. The achievement of these targets will contribute significantly to economic recovery. In light of the above and following consultation with the Minister for Public Expenditure and Reform, I have agreed to prioritise six new contract teaching posts in the Agricultural Colleges for a three year period as an exception to the moratorium. I expect that this exceptional approval of new posts will be matched by further initiatives by Teagasc to devote more resources to the Agricultural Colleges including redeploying staff from other areas of the organisation, examining class sizes in certain programmes, use of remote teaching and subcontracting where feasible. I am confident that the combined impact of these measures will allow Teagasc offer a significant number of additional places to students over the coming weeks.

Forestry Sector 155. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he will provide details of the value of Coillte forestry under the European Union emissions trading scheme; and the value of any potential mining rights, fishing rights and hunting rights on Coillte owned lands. [20244/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): While forestry units are used for national compliance with greenhouse gas emission reduction targets, they cannot be used under the EU emissions trading scheme. I understand that, under Irish Generally Accepted Accounting Principles (GAAP), there is no value included in the Coillte Group Annual Accounts for the other assets to which the Deputy refers.

Grant Payments 156. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the position regarding an application for a single farm payment in respect of a person (details supplied) in County Kerry in view of the fact that an explanation has been provided for the late application; and if he will make a statement on the matter. [20122/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the provisions of the governing EU Regulations, the deadline for the receipt of applications under the Single Payment Scheme is 15 May. There is provision for the acceptance of late applications up to 25 working days after that deadline subject to the imposition of a late penalty. Applications received after this 25 day limit are subjected to a 100% late penalty. An application for the 2010 Single Payment Scheme submitted by the representatives of the person named, who is deceased, was received in my Department on 6 July 2010. In accordance with the provisions of the Regulations, this application was deemed ineligible as it was received after 11th June 2010 (25 day limit) when a 100% late penalty was applied. Following contact by an official from my Department with the representatives of the deceased person, it has been decided to accept the Single Payment application without the imposition of a late penalty on the grounds of force majeure/exceptional circumstances. Pay- ment of the 2010 Single Farm Payment application is being processed and will issue in due course.

677 Questions— 13 July 2011. Written Answers

157. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 527 of 5 July 2011, if he will supply a list of the organisations that received funding; and the amount received by each organisation in each of the years 2008, 2009 and 2010; and if he will make a statement on the matter. [20130/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The following is the list of animal welfare organisations awarded Ex-gratia funding in each of the years 2008, 2009 and 2010. The funding is provided to these, largely voluntary organisations, to assist with their work in the provision of animal welfare services.

2008 awards to Animal Welfare Organisations Allocations €

Animal Help Net Kerry 1,000 Animal Magic, Kilmallock Co Limerick 1,000 Animal Rescue Skibbereen, Co Cork 5,000 Animal Trust Fund, Co Sligo 5,000 Animals In Need, Co Donegal 8,000 Athlone Cat Protection, Co Westmeath 2,000 Audrey Quinn, Edenderry, Co Offaly 3,000 Avalon Greyhound Sanctuary Pro Animal Ireland Ltd. Woodford, Co Galway 8,000 Bilberry Goat Heritage Trust, Waterford 3,000 Carlow SPCA 9,000 Carrick Dog Shelter. Co Monaghan 2,000 Cat and Dog Protection Association. Dublin 18,000 Cats Aid, Mulhuddart, Dublin 12,000 Cavan SPCA 15,000 Chippers Sanctuary, Gorey, Co Wexford 2,000 Clare Animal Welfare Ltd. Ennis, Co Clare 15,000 Clare SPCA, Clonoghan. 5,000 Clifden Animal Rescue, Co Galway 2,000 Clondalkin Animal Aid Ltd, Dublin 8,000 Collon Animal Sanctuary, Louth 9,000 Cork Animal Care Society 18,000 Cork Cat Action Trust 10,000 Cork Dog Action Welfare Group (DAWG) 3,000 Cottage Rescue, Co Tipperary 5,000 Cry for Help Cattery, Co Westmeath 3,000 Dog Rescue Ireland, Dublin 10,000 Dogs Aid Animal Sanctuary 5,000 Dogs in Distress, Dunboyne, Co Meath 5,000 Drogheda Animal Rescue, Co Louth 18,000 Dublin Animal Rescue Group 2,000 Dublin SPCA, 100,000 Dundalk Dog Rescue, Castlebellingham, Co Louth 2,000 Dungarvan SPCA Rescue Kennels, Co Waterford 15,000 East Galway Animal Rescue 2,000 Enniscorthy SPCA, Co Wexford 12,000 Friends of Animals Rescue, Mullingar, Co Westmeath 10,000 Friends of Ben Dog Rescue, Leixlip Co Kildare 2,000 Galway & Claddagh Swan Rescue 2,000

678 Questions— 13 July 2011. Written Answers

2008 awards to Animal Welfare Organisations Allocations €

Galway SPCA 25,000 Glansillagh Animal Rescue, Co Cork 1,000 Hillview Animal Sanctuary 8,000 Inistioge Puppy Rescue, Co. Kilkenny 7,000 Irish All Pure Bred Rescue, Co Kilkenny 4,000 Irish Horse Protection League, Wicklow 5,000 Irish Horse Welfare Trust Wicklow, 20,000 Irish Raptor Research Centre, (Eagles Flying)Sligo 10,000 Irish Seal Sanctuary, Co Dublin 10,000 ISPCA, Longford 100,000 Joan’s A.R.C., Glengevlin, Co Cavan 5,000 Kerry Greyhound Connection, Beaufort, Co Kerry 5,000 Kerry SPCA 18,000 Kildare and West Wicklow SPCA 15,000 Kilkenny SPCA 9,000 KLAWS, Kenmare, Co Kerry 2,000 Laois SPCA 12,000 Last Hope Animal Charity, Navan, Co Meath 5,000 Leitrim Animal Welfare 25,000 Limerick Animal Welfare Ltd 20,000 Limerick SPCA 15,000 Longford SPCA 15,000 Louth SPCA Ltd 20,000 MADRA, Co Galway 3,000 Marie Healy Animal Sanctuary LSPCA Co Roscommon 9,000 Mayo Animal Welfare, Westport, Co. Mayo. 3,000 Mayo Cat Rescue 3,000 Mayo SPCA Ltd 8,000 Meath SPCA 15,000 Monaghan SPCA 20,000 Monkey Sanctuary Ireland Ltd. Co. Wicklow. 1,000 New Ross SPCA, Co Wexford 12,000 North County Dublin SPCA 20,000 North West Pet Protection Ltd. Donegal. 15,000 North West SPCA Ltd Mayo 15,000 North Wexford SPCA, Gorey, Co Wexford 10,000 Offaly SPCA Ltd. 20,000 PAWS Animal Rescue, Co Tipperary 25,000 Petwatch Ltd, Dublin 10,000 Remi Le Mahieu T/A Animal Sanctuary Hubasha. Wicklow. 12,000 Renvyle Animal Rescue Group, Co Galway 2,000 Roscommon SPCA 10,000 Roscrea SPCA, Co Tipperary 12,000 Safe Haven, Co Offaly 4,000 Sathya Sai Sanctuary Trust for Nature, Sligo 10,000 Second Chance Animal Rescue Ltd. (SCAR) Co Clare 3,000 Sligo Dog Welfare Services 4,000 Sligo SPCA Ltd 15,000

679 Questions— 13 July 2011. Written Answers

[Deputy Simon Coveney.] 2008 awards to Animal Welfare Organisations Allocations €

South East Birds of Prey Ltd. Co Wexford 2,000 St Francis Dispensary for Sick and Injured Animals, Dublin 10,000 The Athlone & West Midlands SPCA, Co Westmeath 10,000 The Daisy Fund, Kerry 5,000 The Donkey Sanctuary, Cork 50,000 The Equus Foundation, Co Kildare 3,000 The Inner City Cat Rescue Group, Dublin 2,000 The Irish Blue Cross, Dublin 40,000 The Sunset Appeal, Co Wexford 5,000 Tigger Trust, Kerry 1,000 Tipp Friends Of Animals SPCA, Co Tipperary 15,000 Tipp-Off Animal Rescue, Birr, Co Offaly 1,000 Tipperary SPCA 10,000 Traveller Animal Welfare, Co Wicklow 3,000 Tryfanberg Animal Rescue Co. Mayo. 3,000 Waterford Animal Welfare 1,000 Waterford SPCA 18,000 West Cork Animal Welfare Group, Clonakilty, Co Cork 20,000 Westmeath SPCA 8,000 Westown Animal Shelter, Naas, Co Kildare 7,000 Wexford Pet Helpers, Enniscorthy 3,000 Wexford SPCA 22,000 Whiskers New Park Animal Sanctuary, Co Galway 12,000 Wicklow SPCA 25,000

2009 awards to Animal Welfare Organisations Allocations €

Ability Dogs Ltd, Rockchapel, Co. Cork 3,000 ADog’s Life, Maynooth, Co. Kildare 1,000 Animal Help Net, Co Kerry 3,000 Animal Magic, Kilmallock, Co Limerick 1,000 Animal Rescue Skibbereen, Co Cork 6,000 Animals In Need, Co Donegal 6,000 Audrey Quinn, Edenderry, Co Offaly 2,000 Avalon Greyhound Sanctuary Pro Animal Ireland Ltd. Woodford, Co Galway 8,000 Bilberry Goat Heritage Trust, Waterford 3,000 Carrick Dog Shelter. Co Monaghan 5,000 Cat and Dog Protection Association. Dublin 17,000 Cats Aid, Mulhuddart, Dublin 8,000 Cavan SPCA 15,000 Chippers Sanctuary, Gorey, Co Wexford 2,000 Clare Animal Welfare Ltd. Ennis, Co. Clare 5,000 Clare SPCA, Clonoghan. 6,000 Clifden Animal Rescue, Co Galway 3,000 Clondalkin Animal Aid Ltd, Dublin 8,000 Collon Animal Sanctuary, Co. Louth 9,000 Cork Animal Care Society 16,000

680 Questions— 13 July 2011. Written Answers

2009 awards to Animal Welfare Organisations Allocations €

Cork Cat Action Trust 10,000 Cork Dog Action Welfare Group (DAWG) 3,000 Cork SPCA, Cork 8,000 Cottage Rescue, Co Tipperary 5,000 Cry for Help Cattery, Co Westmeath 3,000 Dog Rescue Ireland, Dublin 7,000 Dogs Aid Animal Sanctuary, Dublin 5,000 Dogs in Distress, Dunboyne, Co Meath 6,000 Drogheda Animal Rescue, Co Louth 18,000 Dublin Animal Rescue Group 2,000 Dublin SPCA, 100,000 Dundalk Dog Rescue, Castlebellingham, Co Louth 3,000 Dungarvan SPCA Rescue Kennels, Co Waterford 12,000 East Galway Animal Rescue, Co Galway 4,000 Enniscorthy SPCA, Co Wexford 10,000 Fairy Glen Community Animal Sanctuary, Roscommon 9,000 Friends of Animals Rescue, Mullingar, Co Westmeath 8,000 Friends of Ben Dog Rescue, Leixlip, Co Kildare 2,000 Galway & Claddagh Swan Rescue 2,000 Galway SPCA 25,000 Gerry Maginn, Co Kildare 1,000 Glansillagh Animal Rescue, Co Cork 1,000 Inistioge Puppy Rescue, Co Kilkenny 7,000 Irish All Pure Bred Rescue, Cloughjordan, Co Tipperary 4,000 Irish Horse Protection League, Wicklow 5,000 Irish Horse Welfare Trust, Wicklow 20,000 Irish Raptor Research Centre, (Eagles Flying) Sligo 6,000 Irish Seal Sanctuary, Co Dublin 10,000 ISPCA, Victor Dowling Equine Rescue Centre Cork 8,000 ISPCA, Longford 100,000 Joan’s A.R.C., Glengevlin, Co Cavan 5,000 Kerry Greyhound Connection, Beaufort, Co Kerry 6,000 Kerry SPCA 15,000 Kildare and West Wicklow SPCA 15,000 Kilkenny SPCA 9,000 KLAWS, Kenmare, Co Kerry 3,000 Laois SPCA 10,000 Last Hope Animal Charity, Navan, Co Meath 5,000 Leitrim Animal Welfare 25,000 Limerick Animal Welfare Ltd 20,000 Limerick SPCA 15,000 Longford SPCA 15,000 Louth SPCA 18,000 MADRA, Co Galway 3,000 Mandy Ellis, Co. Clare 1,000 Mayo Animal Welfare, Westport, Co. Mayo. 3,000 Mayo Cat Rescue 4,000 Mayo SPCA 8,000

681 Questions— 13 July 2011. Written Answers

[Deputy Simon Coveney.] 2009 awards to Animal Welfare Organisations Allocations €

Meath SPCA 10,000 Monaghan SPCA 20,000 Monkey Sanctuary Ireland Ltd. Co. Wicklow. 2,000 New Ross SPCA, Co Wexford 10,000 North County Dublin SPCA 18,000 North West Pet Protection Ltd. Co. Donegal. 15,000 North West SPCA, Mayo 15,000 North Wexford SPCA, Gorey, Co Wexford 10,000 Offaly SPCA Ltd. 18,000 Pauline’s Rescue, Cork 1,000 PAWS Animal Rescue, Co Tipperary 18,000 Petwatch Ltd, Dublin 7,000 Remi Le Mahieu T/A Animal Sanctuary Hubasha. Wicklow. 12,000 Renvyle Animal Rescue Group, Co Galway 2,000 Roscommon SPCA 10,000 Roscrea SPCA, Co Tipperary 10,000 Sathya Sai Sanctuary Trust for Nature, Sligo 6,000 Second Chance Animal Rescue Ltd. (SCAR) Co Clare 12,000 Sligo Animal Rescue, Sligo 1,000 Sligo Dog Welfare Services 8,000 South East Birds of Prey Ltd. Co Wexford 2,000 St Francis Dispensary for Sick and Injured Animals, Dublin 8,000 Sylvia Muhlbachler, Edenderry, Co. Offaly 1,000 The Athlone & West Midlands SPCA, Co Westmeath 8,000 The Daisy Fund, Kerry 3,000 The Donkey Sanctuary, Cork 50,000 The Equus Foundation, Co Kildare 3,000 The Inner City Cat Rescue Group, Dublin 2,000 The Irish Blue Cross, Dublin 45,000 The Sunset Appeal, Co Wexford 3,000 Tipp Friends Of Animals SPCA, Co Tipperary 14,000 Tipp-Off Animal Rescue, Birr, Co Offaly 2,000 Tipperary SPCA 10,000 Traveller Animal Welfare, Co Wicklow 3,000 Tryfanberg Animal Rescue Co. Mayo. 3,000 Waterford Animal Welfare 2,000 Waterford SPCA 18,000 West Cork Animal Welfare Group, Clonakilty, Co Cork 17,000 Westmeath SPCA 9,000 Westown Animal Shelter, Naas, Co Kildare 7,000 Wexford Pet Helpers, Enniscorthy, Co. Wexford 4,000 Wexford SPCA 22,000 Whiskers New Park Animal Sanctuary, Co Galway 10,000 Wicklow SPCA 23,000

682 Questions— 13 July 2011. Written Answers

2010 awards to Animal Welfare Organisations Allocations €

Ability Dogs Ltd, Rockchapel, Cork 5,000 ADog’s Life, Maynooth, Co. Kildare 2,000 Animal Heaven Animal Rescue (AHAR), Co Kerry 6,000 Animal Help Net Kerry 3,000 Animal Trust Fund, Co Sligo 1,000 Animal Rescue Skibbereen, Co Cork 15,000 Animals In Need, Co Donegal 12,000 Audrey Quinn, Edenderry, Co Offaly 1,000 Avalon Greyhound Sanctuary Pro Animal Ireland Ltd. Woodford, Co Galway 8,000 Bilberry Goat Heritage Trust, Waterford 3,000 ISPCA (Carlow Branch) 2,000 Carrick Dog Shelter. Co Monaghan 10,000 Cat and Dog Protection Association. Dublin 14,000 Cats Aid, Mulhuddart, Dublin 8,000 Cavan SPCA 20,000 Chippers Sanctuary, Gorey, Co Wexford 2,000 Clare Animal Welfare Ltd. Ennis, Co Clare 3,000 Clare SPCA, Clonoghan. 6,000 Clifden Animal Rescue, Co Galway 1,000 Clondalkin Animal Aid Ltd, Dublin 4,000 Collon Animal Sanctuary, Louth 9,000 Cork Animal Care Society 4,000 Cork Cat Action Trust 9,000 Cork Dog Action Welfare Group (DAWG) 6,000 Cork SPCA, Cork 11,000 Cottage Rescue, Co Tipperary 10,000 Cry for Help Cattery, Co Westmeath 2,000 Deise Animal Sanctuary, Co Waterford 1,000 Dog Rescue Ireland, Dublin 5,000 Dogs Aid Animal Sanctuary, Dublin 5,000 Dogs in Distress, Dunboyne, Co Meath 6,000 Donegal Donkey Sanctuary 1,000 Drogheda Animal Rescue, Co Louth 15,000 Dublin Animal Rescue Group 2,000

Common Agricultural Policy 158. Deputy Catherine Murphy asked the Minister for Agriculture, Fisheries and Food if, in view of the likely ending of the EU single payments scheme for farmers in 2013, with consequent extra burden on the Irish taxpayer, he intends to provide for a cross compliance requirement, as is done in England and Wales, to allow reasonable access to the countryside; and if he will make a statement on the matter. [20139/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Negotiations on the CAP post 2013 are at a very preliminary stage at present with a first legal text due from the European Commission in the autumn. Although it is anticipated that the Single Payment 683 Questions— 13 July 2011. Written Answers

[Deputy Simon Coveney.] Scheme will continue, it is too early to speculate on the likely shape of the overall package and the payment model that will replace the existing scheme.

Grant Payments 159. Deputy Tom Fleming asked the Minister for Agriculture, Fisheries and Food when REP scheme will be paid in respect of a person (details supplied) in County Kerry. [20151/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The above person commenced REPS 4 in June 2009 and received his Year 1 in August 2010. 75% of the Year 2 payment, amounting to €4543.50, issued on 27 June 2011. The balancing payment of 25% will be processed at the earliest possible date.

160. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive their forestry payment; and if he will make a statement on the matter. [20161/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Remedial works were required on this plantation before any further payments could be made on this contract. Confirmation was received from the person concerned on 20th June 2011 that the necessary works were completed. The matter has been referred to the district inspector who must confirm that the works were completed to the standard required by the Forest Service. Such inspections are normally completed within a month. If the standard of the works is deemed satisfactory, payment of the afforestation second instalment grant and seventh premium will then be processed as soon as possible.

Milk Quota 161. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Cork is entitled to additional milk quota under the hardship scheme; and if he will make a statement on the matter. [20170/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named has submitted an application for an allocation of milk quota under the Hardship Category of the Milk Quota Appeals Tribunal for the 2011/ 2012 quota year. The closing date for receipt of applications for this Scheme was 1st July last. Officials of my Department are currently processing the applications. The Tribunal will shortly commence consideration of these applications in strict order of receipt. When a recommendation has been made in this case a letter will issue to the person named and his Co-Operative advising of the result.

Flower Sector 162. Deputy Gerald Nash asked the Minister for Agriculture, Fisheries and Food if he or the relevant State agency has carried out an analysis of the flower propagation, production and export industry; his views that this area could be further exploited and developed from an economic point of view; his plans to further develop this sector; and if he will make a statement on the matter. [20172/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The flower sector could potentially include a number of very different areas of production including bulbs, wild- flowers, annuals or biennial flowers. It could also be extended into ornamental nursery stock.

684 Questions— 13 July 2011. Written Answers

Each of these areas has very different propagation and production techniques requiring very different approaches in equipment and facilities. Bord Bia has recently published an Amenity Sector Strategy review, which includes in its recommendations: — Development of new cut foliage varieties suitable for Irish growing conditions and European market requirements — US Daffodil Bulbs Market trade promotion of Irish bulbs — Micro-propagation and trials site development of new range of Irish-bred plants suitable for licensing and/or exclusive production of finished plants in Ireland — Development of programme for stock cleaning and development of new plants — Point of sale/labelling system/website and campaign to raise awareness of Irish—grown plants using Bloom and other consumer events — Facilitation of exporter’s forum and provision of UK market expertise. — Facilitation of inward buyer trips aimed at maximizing use of National Plant Fairs, Bloom and GLAS amenity showcase Bord Bia, in association with Teagasc and my Department, are involved in various programmes and initiatives to promote the sector and to implement these recommendations. In addition, my Department has provided grant aid of €2.8 m to the nursery stock and related ornamental sectors since 2008 with a further €0.5 million allocated to 47 projects this year. With these initiatives and actions, I expect modest growth in the ornamental sector over the next few years.

Aquaculture Development 163. Deputy Tom Fleming asked the Minister for Agriculture, Fisheries and Food if the coastal management plan for Castlemaine Harbour, County Kerry has been finalised; if he will now open the harbour to the sourcing of mussel seed, before the seed is destroyed by predators; and if he will make a statement on the matter. [20196/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The public consultation on the Fisheries Natura Plan and Appropriate Assessment of mussel seed fishing within Castlemaine Harbour was completed on 6 June 2011. Under the European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. 346 of 2009), the Minister for Arts, Heritage and the Gaeltacht is a statutory consultee, stemming from his remit as competent authority for the EU Habitats and Birds Directives in Ireland. The National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the Gaeltacht submitted considerable comments on the Appropriate Assessment report. This was not unexpected, as this was the first full appropriate assessment of a marine Natura 2000 site in Ireland. Over the course of June 2011, my Department and the Marine Institute liaised with the NPWS for the purpose of clarifying the position on the issues raised. On 4 July 2011, an ad-hoc technical advisory committee met to discuss the Castlemaine Harbour appropriate assessment and Fisheries Natura Plan, together with all submissions received. This advisory committee has previously been convened to consider previous interim appropriate assessments for Castlemaine Harbour and Dundalk Bay. The Committee was chaired by my Department and comprised of experts from the Marine Institute, BIM and the Sea-Fisheries Protection Authority and also included representatives of the Environmental Pillar and mussel seed fishing interests in Castlemaine Harbour. The Committee was tasked with considering the aforementioned documentation and providing a consensus recommendation to me on opening of the mussel seed fishery and any conditions that should apply.

685 Questions— 13 July 2011. Written Answers

[Deputy Simon Coveney.] However, the Committee was unable to make a consensus recommendation to me as the Environmental Pillar representatives disagreed with the conclusions of the Appropriate Assess- ment, while other members of the Committee supported those conclusions. In accordance with the 2009 Regulations, I will now consider all the documentation in the case, together with the divergent views expressed through the Advisory Committee, and make my statutory decision on the fishery.

Harbours and Piers 164. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans to dredge the harbour and enhance the port facilities at Howth, County Dublin in view of the build-up of mud; and if he will make a statement on the matter. [20197/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Funding for capital works at my Departments six Fishery Harbour Centres is provided on an annual basis under the Fishery Harbour and Coastal Infrastructure Development Programme. In 2011, €1,195,000 has been allocated to Howth Fishery Harbour Centre under the Programme. The following is a summary of the monies allocated:

€

Safety & Maintenance 250,000 Disability Access 20,000 Upgrading of Electrical System 600,000 East Pier Breakwater Surveys 175,000 Implementation of Parking Scheme Phase 1 150,000

No funding has been allocated for the dredging of the harbour in the 2011 Programme. All decisions with regard to funding projects for future years will be dependent on the availability of exchequer funding and overall national priorities.

165. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans for investment in the harbour and marine tourist facilities at Howth, County Dublin; if he will report on the works in progress at the middle pier; and if he will make a statement on the matter. [20198/11]

166. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans to enhance and improve ship and boat repair facilities at Howth Port, County Dublin; and if he will make a statement on the matter. [20199/11]

168. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans to enhance and support small business and marine tourism related facilities at Howth Port and to redevelop local employment in these activities; and if he will make a statement on the matter. [20201/11]

169. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans to promote maximum usage and small business development at the Port of Howth, County Dublin; if he has met Irish Rail and Dublin Bus in relation to these objectives; and if he will make a statement on the matter. [20202/11] 686 Questions— 13 July 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I propose to take Questions Nos. 165, 166, 168 and 169 together. Howth Fishery Harbour Centre is one of six Fishery Harbour Centres (FHC) for which my Department is responsible. I am conscious of the unique and valuable contribution Howth FHC has to make both to the fishing industry and the wider economic environment. Notwith- standing the prevailing economic environment in which we operate, I am happy to be able to advise that I have allocated almost €1.2 million towards maintenance, development and upgrading works at Howth FHC as part of my Departments Fishery Harbour and Coastal Infrastruc- ture Development Programme. This investment will result in a significant improvement of the parking facilities, the access available to persons of reduced mobility and the electrical infrastructure available. It will in addition serve to act as a catalyst for the enhancement of facilities available to the marine tourism industry, boat repair facilities and indeed business generally in the harbour. I can also confirm that my Department continues to facilitate a considerable amount of business development in the harbour area. As part of the support process my officials facilitate a Harbour Users Forum at the harbour which affords the various stakeholders an opportunity to discuss their own views and hear at first hand the views of my Departments officials. I have not met with officials of Irish Rail and Dublin Bus in relation to Howth FHC.

167. Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food his plans to address the issue of decommissioned vessels at Howth Port, County Dublin occupying important port space; and if he will make a statement on the matter. [20200/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The removal of decommissioned vessels from Howth Fishery Harbour Centres is an ongoing process and is constantly monitored by my Department. The owners of such vessels have been requested by the Harbour Master to remove them from the harbour. The Harbour Master is currently in the process of arranging for the removal and disposal of vessels where the co-operation of the owner has not been forthcoming.

Questions Nos. 168 and 169 answered with Question No. 165.

Grant Payments 170. Deputy Charlie McConalogue asked the Minister for Agriculture, Fisheries and Food when a single farm payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [20248/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2010 Single Payment/Disadvantaged Areas Scheme was received from the person named on 13 April 2010. During validation of the application, an over-claim was established in respect of one land parcel declared by the applicant. My Department wrote to the applicant on 10 September 2010 informing him of the over-claim and my Department’s decision was accepted on 23 September 2010. The application was then processed for payment in respect of the eligible area declared by the applicant. The advance payment was issued on 18 October 2010 and the balancing payment issued on 1 December 2010. The applicant has received his full Single Farm Payment based on the eligible land declared.

Departmental Staff 171. Deputy Jerry Buttimer asked the Minister for Agriculture, Fisheries and Food the

687 Questions— 13 July 2011. Written Answers

[ Deputy Jerry Buttimer.] number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20381/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Given the major role of the EU in establishing the policy framework for Irish agricultural policy, significant numbers of staff in various line divisions of my Department are engaged with EU policy matters on an ongoing basis. These include officers in all policy areas of the Department, in the animal, plant and public health areas and in the operational divisions of the Department dealing with EU- related schemes. There is a dedicated EU and International Trade Division of the Department, comprising nine officials, to co-ordinate EU policy matters. In addition 12 officers from the Department have been assigned as Counsellors or attachés at Irish Embassies or Missions abroad, five of whom are based in Brussels.

Children in Care 172. Deputy Brian Walsh asked the Minister for Children and Youth Affairs the number of children in care in each local health office administrative area here; the number of social workers currently employed by the Health Service Executive with a breakdown by Health Service Executive administrative area; the number of the 60 additional social worker positions created earlier this year that have now been filled; and if she will make a statement on the matter. [20158/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): As this is a service matter it has been referred to the HSE for direct reply.

Health Services 173. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs, further to Parliamentary Question No. 198 of 08 June 2011, when a reply will issue from the Health Service Executive [20365/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I have been advised by the HSE that an answer to the Deputy’s Parliamentary Question No 198 of 08 June, 2011 is being issued today, 13th July, 2011

Child Care Services 174. Deputy Simon Harris asked the Minister for Children and Youth Affairs if she will investigate whether a newly established crèche (details supplied) in County Wicklow is eligible for funding under the early childhood care and education scheme for the upcoming academic year; and if she will make a statement on the matter. [20234/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Early Childhood Care and Education (ECCE) programme was introduced in January 2010 and provides a free pre-school year to all eligible children in the year before commencing primary school. Almost every pre-school service in the State is participating in the ECCE, ensuring that it is available to children in all areas, and 63,000 children, or 94% of the eligible age cohort, are currently availing of the pre-school year. The deadline for application to enter the ECCE was 1 April 2011. While the service mentioned by the Deputy sought to join the programme after the deadline had passed, I understand

688 Questions— 13 July 2011. Written Answers that special circumstances applied. Consequently, I understand that officials in my Department are giving active consideration to admitting the service in time for the September 2011 contractual period. No further late applications will be accepted at this stage.

Youth Services 175. Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the grants provided to organisations under the youth service general scheme and the special projects for youth scheme; and if she will make a statement on the matter. [20368/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Funding is provided by my Department on an annual basis to 31 national and major regional voluntary organisations under the Youth Service Grant Scheme (YSGS). The funding provision under this scheme in 2011 is €11.444m. The continued funding of voluntary youth organisations through the Scheme is intended to ensure the emergence, promotion, growth and development of youth organisations with distinctive philosophies and programmes aimed at the social education of young people. Under the Special Projects for Youth Scheme (SPY), funding of some €18.156m has been allocated by my Department in 2011. This funding is provided by way of grant-in-aid to 182 projects with particular emphasis on young people at risk or disadvantaged. Priority is given to projects in the spheres of special youth initiatives, young homeless people, young substance abusers and young travellers.

Departmental Staff 176. Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs the number of staff in her Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if her Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20384/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Department of Children and Youth Affairs was established on June 4th on foot of a government order which also transferred a significant range of functions to me as Minister. Further transfer of powers will be required by primary legislation and subsequent government orders, beginning with the Child Care (Amendment) Bill which is to be reintroduced to the Dáil at Report Stage next week. The Government recently appointed the Department’s first Secretary-General. My new Department brings together policy and programme functions in a wide range of areas: • Child Protection & Welfare • Children’s & Youth Participation • Youth Affairs and Youth Work • Early Childhood Care & Education • Family Support • Irish Youth Justice Service • National Education Welfare Board • Adoption & Fostering

689 Questions— 13 July 2011. Written Answers

[Deputy Frances Fitzgerald.]

I am currently putting in place the administrative structures of the Department and while the monitoring of EU policy developments will be an integral part of the work of the Department it has not yet been decided if a permanent presence is required in Brussels for this purpose. Any decisions in this regard will have regard to the current economic situation.

Health Service Staff 177. Deputy Clare Daly asked the Minister for Health the reason the Health Service Execu- tive management in St. Brendan’s Hospital and on the north side of Dublin continues to out- source the core maintenance work of directly employed HSE tradesmen including bricklayers and plasterers to private contractors at a greater cost to the taxpayer; the reason directly employed HSE tradesmen responsible for maintenance work in St. Brendan’s and HSE premises in the north side of Dublin are being asked to relinquish their trade and allow themselves be redeployed to unsuitable office work while the core work they have performed for decades remains to be done; and the reason the HSE management in St. Brendan’s and the north side of Dublin have not adhered to the terms of the Croke Park agreement in terms of redeployment — specifically not investigating the option of redeploying under-utilised HSE tradesmen to another branch of the public service. [20146/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Care of the Elderly 178. Deputy Jim Daly asked the Minister for Health further to his visit to Clonakilty Hospital, County Cork, and subsequent meeting at his Department with the Clonakilty Hospital Action Group, the progress he has made with the Health Service Executive in respect of the proposed bed closures at the hospital; and if he will make a statement on the matter. [20119/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): During a visit to the region in April 2011, my colleague, Minister Reilly, took the opportunity to visit Clonakilty Community Hospital, to inform himself on the range of services provided at the hospital, the rationale for the reduction in long stay beds at the hospital and the potential impact of this decision. As the Deputy is aware, Minister Reilly also met with the Clonakilty Hospital Action Group in May 2011. The Department is currently considering the future of HSE Provision of Residential Care for Older People. This review will consider the position of all HSE residential facilities for Older People in terms of meeting the National Standards and Regulations. It will also consider local demographic pressures and the extent of existing public and private provision, with a view to developing an overall strategy on how the Executive should continue to provide this service in view of current budgetary and other pressures. Any plans that the Executive may have to close or withdraw residential care beds is suspended until the Minister has had an opportunity to consider the findings of the review. I should make it clear, however, that, providing quality and safe care for our long stay residents will have to remain at the heart of these considerations.

Hospital Services 179. Deputy Joe McHugh asked the Minister for Health if he will address a paediatric issue (details supplied) at Letterkenny General Hospital, County Donegal.; and if he will make a statement on the matter. [20121/11]

690 Questions— 13 July 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

180. Deputy John Browne asked the Minister for Health the number of deaths over the past ten years following the whipple’s procedure operation carried out at Dublin hospitals both public and private; and if he will make a statement on the matter. [20126/11]

Minister for Health (Deputy James Reilly): The Deputy’s question relates to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Food Safety Standards 181. Deputy Gerald Nash asked the Minister for Health his views on the apparent increase in the use of glucose fructose in food products; if he is concerned at claims that the ingredient contributes to weight gain, obesity and other major public health problems; if he will take action to limit the use of the ingredient; and if he will make a statement on the matter. [20140/11]

Minister for Health (Deputy James Reilly): I have been advised by the Food Safety Authority of Ireland (FSAI) that the use of glucose fructose in food products in Europe, and Ireland in particular, is minimal. In the circumstances they have advised that there is no need for concerns regarding the contribution of this ingredient to increasing obesity and diabetes rates in Ireland. They stressed however that, as with all foodstuffs, sugar and related products should be eaten in moderation and as part of a well balanced diet. In addition, they outlined that consumers who had concerns about the consumption of food products containing glucose fructose should pay particular attention to the terms “isoglucose” and “glucose-fructose syrup” on the labels of foodstuffs.

Health Services 182. Deputy Pearse Doherty asked the Minister for Health, further to Parliamentary Ques- tion No. 139 of June 2011, when a reply will issue from the Health Service Executive; and if he will make a statement on the matter. [20141/11]

Minister for Health (Deputy James Reilly): The Health Service Executive replied directly to the Deputy on the 12 July 2011.

Medical Cards 183. Deputy Tom Fleming asked the Minister for Health if he will renew a medical card in respect of a person (details supplied) in County Kerry. [20142/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 184. Deputy Aodhán Ó Ríordáin asked the Minister for Health the position regarding a place on a waiting list for speech therapy in respect of a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [20143/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As the Deputy’s question relates to service matters, I have referred this question to the Health Service Executive for direct reply.

691 Questions— 13 July 2011. Written Answers

Ambulance Service 185. Deputy Sandra McLellan asked the Minister for Health if he will make a commitment not to replace ambulance vehicles with first responder cars in the east Cork area; and if he will make a statement on the matter. [20145/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services 186. Deputy Sandra McLellan asked the Minister for Health if he will make a commitment not to reduce the number of South Doc GP out of hours service in the east Cork area from three to two; and if he will make a statement on the matter. [20147/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services 187. Deputy Sandra McLellan asked the Minister for Health if it is the intention of the Health Service Executive to downgrade Mallow Hospital, County Cork, to an urgent care centre; when this is likely to happen; and if he will make a statement on the matter. [20150/11]

Minister for Health (Deputy James Reilly): In April this year, HIQA published its report on Mallow General Hospital. I am satisfied that the actions taken in relation to the hospital have substantially addressed the report’s recommendations on the safety and quality of the hospital’s services. This work has involved close consultation with senior clinicians, professionals and management. Detailed planning for the remaining changes, including changes to the Emergency Depart- ment (ED) will also involve significant local consultation. The involvement of GPs will be an important element of the consultation process and the final proposals will be cleared with my office before formal implementation commences. The overall approach at Mallow is in line with my vision for smaller hospitals — that they are a vibrant element of local health services, providing treatment and care at the appropriate level of complexity to patients in their areas. It confirms the crucial role that the hospital will play, as part of a wider network of acute hospitals across Cork and Kerry, in providing care for the population of North Cork.

188. Deputy Tom Fleming asked the Minister for Health the number of beds in Kerry General Hospital, County Kerry, that are currently closed; his plans to reopen additional beds; if he will give assurances that no further bed closures will take place; and if he will make a statement on the matter. [20155/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

189. Deputy Tom Fleming asked the Minister for Health the number of beds in community hospitals in County Kerry that are currently closed; his plans to reopen additional beds; if he will give assurances that no further bed closures will take place; and if he will make a statement on the matter. [20156/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply

692 Questions— 13 July 2011. Written Answers

Health Service Staff 190. Deputy Brian Walsh asked the Minister for Health the number of public health nurses and area medical officers currently providing public health services in County Galway; the number of retirements from these positions in the past two years; the number of PHN and AMO positions in the area that are currently unfilled; the geographical areas within the remit of those positions; the length of time that each of these positions have remained unfilled; and if he will make a statement on the matter. [20159/11]

Minister for Health (Deputy James Reilly): There are currently 130.77 whole-time equivalent Public Health Nurses/Registered General Nurses (including management positions) in County Galway. There were 11 retirements in 2010 and nine to date in 2011. There are currently three Senior Area Medical Officers and 4.5 Area Medical Officers in Galway. There have been two retirements in the past two years — one in 2010 and the other in April 2011. In addition, an AMO commenced a career break on 31 October 2010. Where staff numbers in both nursing and medical grades have reduced owing to retirements or resignations, it is a matter for management to ensure that the available resources are deployed in such a manner as to ensure the continued provision of services, according to clinical priority and within the terms of the Employment Control Framework for the health services. The HSE indicates that it assigns staffing resources across the care networks to ensure that all patient care groups receive essential clinical care. Where necessary, staff provide services over a wider geographical area than heretofore. The challenge for the health services is to find innovative ways of managing employment which include different skill mixes and new ways of working in order to protect and improve service delivery within greatly reduced budgets and this process is enabled by the provisions of the Public Service Agreement.

Mental Health Services 191. Deputy Brian Walsh asked the Minister for Health if he will consider the introduction of a formal protocol to facilitate the referral of patients with a history of mental health needs directly to a psychiatry unit instead of first requiring such patients to be assessed at an emergency department, which has been described by the Health Service Executive as the long- standing practice; and if he will make a statement on the matter. [20160/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): 90% of all mental health needs are addressed in Primary Care with 10% being referred to specialist secondary care services. These services operate predominately in a community context with approximately 10% of the community caseload presenting requiring in-patient care admission. Over 20,000 admissions to mental health in-patient care occur each year and in each case the decision to admit is determined by a senior clinician following a detailed clinical assessment. For individuals using community based mental health services, the first point of contact should be the Community Mental Health Team where they can be seen at a day hospital, community mental health centre, clinic or increasingly within the service users’ own home. Where in-patient admission is indicated, a patient can be referred directly to their local approved centre for admission. If there is any concern relating to the person’s physical health status, they may be encouraged to attend at the Emergency Department. For out of hours emergency / crisis presentations a service user must access the Emergency Department where they can receive a psychiatric and medical assessment and offered in-patient admission where indicated. It should be noted that in-patient admission may not be the most appropriate course of action and direct access to acute psychiatric units would pose both oper-

693 Questions— 13 July 2011. Written Answers

[Deputy Kathleen Lynch.] ational and clinical risks. The protocol for accepting direct referrals is kept under review by local Executive Clinical Directors.

National Lottery Funding 192. Deputy Michael Creed asked the Minister for Health if he has received a request for national lottery funding from an organisation (details supplied) in County Cork; if he will meet with this organisation to discuss its project; and if he will make a statement on the matter. [20176/11]

Minister for Health (Deputy James Reilly): My Department has received an application for funding from the 2011 National Lottery allocation from the organisation in question. This is one of a large number currently being assessed by my Department. The Deputy will be informed of the outcome of the application as soon as a decision has been made

Hospital Services 193. Deputy Pearse Doherty asked the Minister for Health if he will consider reclassifying Letterkenny General Hospital from a general to a regional hospital; the additional funding that the hospital would attract as a result of such reclassification; and if he will make a statement on the matter. [20186/11]

Minister for Health (Deputy James Reilly): Letterkenny General Hospital is categorised as a Category 2 Hospital for the purpose of public hospital charges. Private, semi private and day case charges for hospitals in this category were increased this year by between 29% and 42%. The issue of reimbursement of hospitals for private patient treatment was examined in the ‘Value for Money and Policy Review of the Economic Cost and Charges Associated with Private and Semi-Private Treatment Services in Public Hospitals’, published in December 2010. This Report recommended a review of the system of hospital categorisation, on which private patient charges are based. The existing categories reflect differences in teaching status and complexity as measured by the casemix system. As measured by the casemix system, Letterkenny General Hospital has a relatively low level of case complexity, and therefore resource usage, compared to other hospitals. This would suggest that its current classification for charging purposes is appropriate. However, I will keep the matter under review in the context of categorising all hospitals for charging purposes.

Nursing Homes Support Scheme 194. Deputy Jack Wall asked the Minister for Health when funding will be allocated under the nursing homes support scheme for an approved person (details supplied) in County Kildare; and if he will make a statement on the matter. [20193/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply

Health Service Staff 195. Deputy Brendan Griffin asked the Minister for Health if a person (details supplied) in County Kerry will qualify for sponsorship for participation in the Health Service Executive student public health nurse recruitment scheme graduate-postgraduate diploma; and if he will make a statement on the matter. [20205/11]

694 Questions— 13 July 2011. Written Answers

Minister for Health (Deputy James Reilly): As the recruitment of student public health nurses is a service matter, this query has been referred to the HSE for direct reply to the Deputy.

196. Deputy Sean Fleming asked the Minister for Health the way a person (details supplied) will be approved for sponsorship through the Health Service Executive; and if he will make a statement on the matter. [20213/11]

Minister for Health (Deputy James Reilly): As the awarding of Nursing Education Sponsor- ship Programmes for Public Health Service Employees is a matter for the HSE, this query has been referred to it for direct reply to the Deputy.

National Lottery Funding 197. Deputy Jack Wall asked the Minister for Health the position regarding an application in respect of an association (details supplied) in County Kildare; if consideration will be given to ensure that the efforts of the association will be met in addressing the transport problems that it encounters in view of the specialist aspect of such transport; if funding will be provided through proposed course; and if he will make a statement on the matter. [20217/11]

Health Services 198. Deputy Billy Timmins asked the Minister for Health the position regarding home help support in west Wicklow (details supplied); and if he will make a statement on the matter. [20226/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

199. Deputy Peadar Tóibín asked the Minister for Health if he will respond to a case (details supplied) in County Meath; the way this issue will be resolved; and if he will make a statement on the matter. [20230/11]

Minister for Health (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.

200. Deputy Simon Harris asked the Minister for Health if he will investigate concerns expressed regarding the reductions in the speech therapy services at a health centre (details supplied) in County Wicklow due to the commencement of maternity leave in September; and if he will consider supporting a locum for that position in view of the fact that the centre already has a significant waiting list [20233/11]

695 Questions— 13 July 2011. Written Answers

Medical Cards 201. Deputy Catherine Byrne asked the Minister for Health the frequency with which a person over 70 years is required to renew a medical card; if he recognises the delays involved, the worry and confusion that this causes for many elderly persons; the way he proposes to resolve this problem; and if he will make a statement on the matter. [20257/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I have asked the Health Service Executive for a report on the issue raised by the Deputy. I will revert to the Deputy on the matter as soon as possible.

Accident and Emergency Services 202. Deputy Catherine Byrne asked the Minister for Health if his attention has been drawn to rules prohibiting family members or close friends from accompanying relatives into accident and emergency departments; his views whether this poses a major difficulty for elderly persons; the way he proposes to resolve this problem; and if he will make a statement on the matter. [20258/11]

Minister for Health (Deputy James Reilly): There is no national approach to the issue to the issue of rules allowing or prohibiting family members or close friends to accompany patients into accident and emergency departments. Decisions in this regard are taken at hospital level and will depend on certain circumstances with the main aim of ensuring the safety of patients and their families. In certain circumstances, where for example there may be an outbreak of infectious disease or an overcrowded Emergency Department, a hospital may decide to restrict access but again such decisions are taken on a case by case basis and in the best interest of the patient. In general, most Emergency Departments have procedures in place to ensure that vulnerable patients have a family member or companion with them. In the event of a major trauma or event, hospitals will seek to accommodate as many of a patient’s relatives as possible.

National Drugs Strategy 203. Deputy Catherine Byrne asked the Minister for Health the way drugs policy is being directed within his Department; if there is a dedicated unit; the number of staff that are in this unit; their current priorities; and if he will make a statement on the matter. [20259/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Following the transfer of functions relating to the National Drugs Strategy to the Department of Health, a Drugs Policy Unit and a Drugs Programme Unit were established in the Department. The number of staff involved is 13.4 whole-time equivalents. In addition, there are 4 staff assigned to the National Advisory Committee on Drugs, who are also based in the Department.

204. Deputy Catherine Byrne asked the Minister for Health if he will provide details for each of the local and regional drugs task forces to include chairpersons and the number of Health Service Executive employees and their job titles; and if he will make a statement on the matter. [20260/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Each Local and Regional Drugs Task Force has a chairperson, who works on a voluntary basis, and a co- ordinator who is a HSE employee. In four Task Forces, the co-ordinator position is being filled on an acting up basis by the Task Force development worker, who is not a HSE employee. In the case of two Local Drugs Task Forces, the HSE is providing administrative support on a

696 Questions— 13 July 2011. Written Answers part-time basis. Details of the chairpersons and HSE employees are provided in the table below.

Drugs Task Force Chairperson HSE Employees

Ballyfermot LDTF Sr Liz Smyth Co-ordinator Ballymun LDTF Cllr. Andrew Montague Co-ordinator Blanchardstown LDTF Mr Tony Geoghegan Co-ordinator Bray LDTF Dr John McManus Co-ordinator, Part time Administrator Canal Communities LDTF Ms Anna Quigley Co-ordinator Clondalkin LDTF Mr Larry O’Neill None Cork LDTF Cllr. James Corr Co-ordinator Dublin 12 LDTF Mr Paul Flanagan (Acting) Co-ordinator Dublin North East LDTF Mr Gerry McMahon Co-ordinator Dun Laoghaire Rathdown LDTF Ms Aileen O’Brien Part time Administrator Finglas Cabra LDTF Mr Joey Furlong Co-ordinator North Inner City LDTF Professor Joe Barry Co-ordinator South Inner City LDTF Cllr. Dermot Lacey Co-ordinator Tallaght LDTF Ms Anna Lee None East Coast RDTF Ms Emma Freeman Co-ordinator Midland RDTF Mr Michael Dalton Co-ordinator Mid Western RDTF Mr Mick Lacey Co-ordinator North Dublin City & Co. RDTF Mr Jim McVeigh None North Eastern RDTF Mr Jim Mullery Co-ordinator North West RDTF Mr Loman Conway Co-ordinator Southern RDTF Mr Peadar King Co-ordinator South East RDTF Mr Declan Jones Co-ordinator South West RDTF Mr Niall Bradley Co-ordinator Western RDTF Mr Martin Lee Co-ordinator

205. Deputy Catherine Byrne asked the Minister for Health the position regarding the National Drugs Strategy 2009-2016, interim; the position regarding the proposed national substance misuse strategy; and if he will make a statement on the matter. [20261/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): My responsibilities as Minister for State for Primary Care include overseeing the implementation of the National Drugs Strategy 2009-2016. It aims to tackle problem drug use in Ireland through the five pillars of supply reduction, prevention, treatment, rehabilitation and research, building on the progress which has been achieved to date. I will chair a meeting of the Oversight Forum on Drugs this week. Its main functions are to examine the progress being made under the National Drugs Strategy and to address any operational difficulties and blockages that arise. A Steering Group, chaired by my Department, is working on the development of proposals on a National Substance Misuse Strategy. It is envisaged that their work will be concluded by the Autumn. Their recommendations will then be considered at ministerial level and subsequently submitted to Government.

206. Deputy Catherine Byrne asked the Minister for Health the number of medical detox beds available for rehabilitating drug addicts; the location of these beds; the waiting time to access one of these beds; and if he will make a statement on the matter. [20262/11] 697 Questions— 13 July 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): Currently there are up to 23 medical detox beds available for rehabilitating drug users. Ten beds are located in St Michael’s Ward, Beaumont Hospital, Dublin, with a waiting time of 4 to 5 weeks. Nine to thirteen beds, depending on circumstances, are available in Cuan Dara, Cherry Orchard Hospital, Dublin, with a waiting time of 2 months.

207. Deputy Catherine Byrne asked the Minister for Health the number of beds available for drug detox in community based residential detox units; the location of these beds; the number of persons currently on a waiting list for admission to this service; and if he will make a statement on the matter. [20263/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The information requested by the Deputy is being collated by the HSE. I will arrange to have it forwarded to the Deputy in the next few days.

208. Deputy Catherine Byrne asked the Minister for Health the number of needle exchange services that are currently operating here; the number of patients each service treated in 2010; and if he will make a statement on the matter. [20264/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The HSE operates both fixed site needle exchange services and outreach services through mobile units and home visits in its four regions. Needle exchange services are also provided by a number of voluntary sector organisations. However, national data on needle exchange is not currently collated. The HSE has established a Working Group on Needle Exchange to facilitate the management of such services. This Working Group has prioritised the provision of needle exchange services in areas outside Dublin where services are not currently available. In line with this, the HSE and the Irish Pharmacy Union (IPU) have agreed on proposals, supported by the Elton John AIDS Foundation, to roll out needle exchange services through Community Phar- macies. The training of participating pharmacists has been completed and the HSE has recruited a National Liaison Pharmacist who has recently taken up that post. It is envisaged that needle exchange services will begin in an initial group of pharmacies in the Autumn.

209. Deputy Catherine Byrne asked the Minister for Health the number of persons that are on the methadone treatment programme here; the cost of this programme in 2010; if there is a programme in place to assist patients to come off methadone after a certain length of time; and if he will make a statement on the matter. [20265/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The number of persons that were on methadone treatment at the end of May 2011 was 9,157. The full year cost in 2010 for community Pharmacist and GP involvement under the methadone programme was over €17.5m as set out in the table.

Year Pharmacists Pharmacists Fees Pharmacy Total GP Fees Overall Total Ingredient Cost

2010 €3,601,835.81 €7,722,729.42 €11,324,565.23 €6,203,617.54 €17,528,182.77

I have asked the HSE for details of other costs that are met within its overall budget for addiction services. The provision of methadone, to those assessed as suitable for such treatment, is an internationally recognised approach as a medium to longer term response that aims to achieve stabilisation and independent functioning for clients. I am aware of the desirability of 698 Questions— 13 July 2011. Written Answers moving people on from methadone use, where appropriate and possible, and I intend that increased focus will be put on the rehabilitation of problem drug users.

210. Deputy Catherine Byrne asked the Minister for Health the services that are in place for adolescents under 18 years who are suffering from drug and alcohol addiction; the number of dedicated detox beds available for those under 18 years of age; the number of rehabilitation beds that are available to under 18 year olds around the country; the locations of same; the after care services that are available; and if he will make a statement on the matter. [20266/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The majority of clients with opiate addiction do not require access to a residential setting but rather require access to a methadone detoxification programme in a community setting. This in the majority of cases facilitates a return to a stable lifestyle. There are no waiting lists for under 18s for a methadone programme as clients in this age cohort are seen as a priority for entry into treatment services. The number of adolescent residential detoxification beds is 4, located in the Aislinn Ado- lescent Addiction Service, Ballyragget, Co. Kilkenny. It is important to put detoxification in context. It is not a stand alone treatment but rather an important component of a comprehensive bio-psychosocial treatment plan for an addicted teenager. This is in line with the Report of the Working Group on Treatment of Under 18s presenting to Treatment Services with Serious Drug Problems, 2005. There are 18 adolescent residential rehabilitation beds, 12 in Aislinn, Ballyragget and a further 6 in Matt Talbot Adolescent Services, Cara Lodge, Enniskeane, Co Cork. The Aislinn facility primarily provides a residential service dealing exclusively with addiction issues, while Cara Lodge in the main provides community based services and has access to long stay accommodation to meet the needs of some clients.

Hospital Waiting Lists 211. Deputy Thomas P. Broughan asked the Minister for Health the number of persons on the waiting list for an MRI scan, PET scan and the CT scan at Beaumont Hospital, Dublin 9; the average waiting time for same; and if he will make a statement on the matter. [20267/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Ambulance Service 212. Deputy Dominic Hannigan asked the Minister for Health the number of rapid response units that are deployed nationwide; the location at which they are deployed; the number of such units that will be added in the next 12 months; and if he will make a statement on the matter. [20274/11]

213. Deputy Dominic Hannigan asked the Minister for Health the number of advanced paramedics that are employed nationwide; the regions at which the advanced paramedics are employed; the number of new advanced paramedics that will be employed in the next 12 months; the number of advanced paramedics that are currently in training; the cost of training an advanced paramedic; if the requested information will be made available in tabular form on a regional basis; and if he will make a statement on the matter. [20275/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 212 and 213 together.

699 Questions— 13 July 2011. Written Answers

[Deputy James Reilly.]

The National Ambulance Service (NAS) has undergone significant change in order to ensure quality, safety and value for money. In line with other clinical areas, this process is ongoing as clinical needs and standards develop. I believe that these developments are in the best interests of patients, and that they are a key part of the Government’s work to ensure high quality emergency care. Supported by my Department and by HIQA, the NAS is working to improve its services. This includes a reduction to two ambulance control centres nationally, with appropriate technology, a clinical lead for pre-hospital care, development and implementation of new performance indicators for pre-hospital care and development of standard national criteria in relation to non-emergency patient transport. A relatively recent development to the NAS is the use of rapid response vehicles (RRVs). RRVs can be used to reach a scene more quickly than a standard ambulance. This allows the advanced paramedic to apply his or her training to determine the type of treatment and response required. There are four RRVs staffed by advanced paramedics on a 24 hour basis. They serve the Bantry, Nenagh, Ennis, Monaghan and Roscommon areas. There are a number of RRV resources in other parts of the country and these are deployed as required. The HSE National Service Plan 2011 provides for a 24 hour RRV in the HSE Dublin Mid Leinster area. It is envisaged that the RRV will be in place by the end of the year. In addition to the RRVs, there are 3 Motorcycle Response Units (MRUs) serving the Dublin area, 7 days a week. In relation to the Deputy’s question on advanced paramedics I have been advised by the NAS that the cost of training an AP is €127,000. The information the Deputy seeks regarding the number and deployment of APs is detailed in the attached spreadsheet.

700 Questions— 13 July 2011. Written Answers Advanced Paramedics Course 10 Course 11 Course 12 Course 13 Course 14 7301223012 914221836 031002405 600201830 903223605 241512302 343362918 215212131 81000900 at 2009 4th July 2011 2011 April 2011 Panels Region Qualified AP s Finished Feb 10 Finished July 10 Finished Feb 11 To finish W/C Total APs July Commenced Remainder on North EastNorth West MidwestWestEast 1 MidlandSouthSouth East 2 NATS 1 Total 1 2 1 1 136 17 17 17 14 201 10 39

701 Questions— 13 July 2011. Written Answers

Departmental Staff 214. Deputy Jerry Buttimer asked the Minister for Health the number of staff in his Depart- ment specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20391/11]

Minister for Health (Deputy James Reilly): Responsibility for monitoring EU policy developments is co-located in the Unit of my Department responsible for EU and International Affairs. Additional responsibilities have also been assigned to this Unit from time to time. Staffing in the relevant Unit is as follows:

Grade WTE

Principal Officer 1.0 Assistant Principal 2.8 Health Attaché (AP) 1.0 Higher Executive Officer 2.0 Staff Officer 1.0

The Health Attaché is seconded to the Department of Foreign Affairs and based in Brussels.

Taxi Regulations 215. Deputy Joanna Tuffy asked the Minister for Transport, Tourism and Sport if he will consider calls for representation on the taxi review group of independent and self-employed taxi drivers; and if he will make a statement on the matter. [20114/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): In my announcements of the 8th and 24th June respectively I have clarified the terms of reference and the membership of the Taxi Regulation Review Group, in line with the commitment in the Programme for Government. The review will enable the necessary further reforms of the sector to allow consumers to have confidence in the taxi system while also ensuring that legitimate and competent operators and drivers can be rewarded fairly by operating under a regulatory framework that is adequately enforced. It will address a wide range of issues relating to the taxi sector including the current regulatory policy and practices, licensing systems, enforcement and future dialogue with the taxi sector. I would just point out that there is a self-employed, full-time taxi driver on the Steering Group. In my view, the wide ranging membership of the Review Steering Group will allow an appropriate contribution from stakeholders, including dispatch operators, drivers, consumers as well as the regulatory and enforcement agencies. I should add that the consultation on the review extends to all interested parties and stakeholders through an invitation for written submissions to be made before the end of July.

Tourism Industry 216. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will review current criteria in order to enable private tourist facilities to advertise on the brown signs on national primary routes in the interest of enhancing tourism. [20144/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road pro- 702 Questions— 13 July 2011. Written Answers jects, including signage, is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting the above position, I have referred the Deputy’s question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Cycle Facilities 217. Deputy Martin Heydon asked the Minister for Transport, Tourism and Sport if he will consider the establishment of a national trust to facilitate the development of a system of cycle paths here as set out in a proposal (details supplied); the likelihood of such a project occurring; and if he will make a statement on the matter. [20245/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): Cycle path development is occurring through a number of different mechanisms. The development of the Great Western Greenway has been driven jointly by Mayo County Council and the local community. Local landowners gave permissive access to their lands, which made the route possible, and a local management committee has been established to foster community engagement around the on-going development, maintenance and promotion of the route. The fact that this Greenway has recently been awarded a European Destination of Excellence Award illustrates how successful such development mechanisms can be. I am also aware that development of a Great Southern Trail has been driven by local volunteers, and that cycle routes in Mullingar have been delivered through co-operation between Westmeath County Council and Waterways Ireland. Such differing approaches to development will ensure that progress can be made through whichever mechanism best fits the circumstances of the proposed route, and will allow particular local issues that may arise to be addressed.

Aviation Security 218. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the progress being made in the review being conducted following the incident involving the breaching of the security barriers at Cork Airport on 22 May 2011; the current status of the review and when the report, findings and recommendations of the review will be published. [20247/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The perimeter fencing at all State airports is the same type as is used in a majority of airports across the EU. It complies fully with EU security regulations laid down in the National Civil Aviation Security Programme (NCASP) which itself is based on the highest international standards set down by the International Civil Aviation Organisation (ICAO). Notwithstanding this my Department is in contact with the Dublin Airport Authority (DAA) in relation to the incident. Reports on this issue are sensitive and accordingly the contents will be held as confidential and not published. However, my Department will continue to seek to ensure that any lessons learnt from the experience in Cork will be applied where appropriate to ensure adequate perimeter security at Irish airports.

Tourism Industry 219. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport his plans to promote cruises and marine coastal tourism here; the budget allocated for same; and if he will make a statement on the matter. [20268/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy’s Question to Fáilte Ireland

703 Questions— 13 July 2011. Written Answers

[Deputy Leo Varadkar.] for direct reply. Please advise my private office if you do not receive a reply within ten working days. Furthermore, my department is currently developing a new ports policy. While the public consultation document that was published in 2010 by my Department did not highlight this area of ports policy, given the merging of Transport and Tourism into the current department it would be appropriate to give detailed consideration to this matter in the context of the development of this policy document. In that regard I would welcome any view that the Deputy may wish to offer. With regard to the individual plans of ports in this area, I am aware that the Dublin Port and Dun Laoghaire Port draft master plans include provision for further development in this area. I understand Galway expect to lodge a planning application for development of facilities to accommodate cruise liners. However, for more details on these matters I have referred the Deputy’s question to the state-owned port companies for further reply. Please advise my private office if you do not receive a reply within ten working days.

Departmental Staff 220. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the number of staff in his Department specifically assigned to monitoring EU policy developments; if these staff are based here or in Brussels; if his Department does not have staff specifically assigned to monitor EU policy developments when last, if ever, were such staff specifically assigned to such a role. [20393/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Many staff within the Department of Transport, Tourism and Sport deal with EU policy development matters as part of their normal routine functions, but do not work exclusively on EU policy development. However, the Department does have a Permanent Representation Office in Brussels staffed by 3 officers dealing with EU policy matters on a full-time basis and supported by one officer providing administrative support on a shared basis with two other Government Departments.

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