Vol. 578 Tuesday, No. 4 27 January 2004

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 27 January 2004.

Ceisteanna-Questions Taoiseach ………………………………… 193 Minister for Health and Children Priority Questions …………………………… 208 Other Questions …………………………… 222 Adjournment Debate Matters …………………………… 229 Leaders’ Questions ……………………………… 230 Death of Former Member: Expressions of Sympathy ………………… 237 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 243 Order of Business ……………………………… 246 Criminal Justice (Joint Investigation Teams) Bill 2003 [Seanad]: Second Stage (resumed)……………………………254 Referral to Select Committee ………………………… 254 Statement of Expenditure for Houses of the Oireachtas: Motion ……………… 254 Ministerial Rota for Parliamentary Questions: Motion ………………… 255 Private Notice Questions …………………………… 255 Civil Registration Bill 2003: Order for Second Stage …………………………… 270 Second Stage ……………………………… 270 Private Members’ Business: Economic Plight of Irish Emigrants: Motion …………………… 279 Adjournment Debate Job Losses ………………………………… 307 Schools Refurbishment …………………………… 310 Speech Therapy Service …………………………… 313 Social Welfare Benefits …………………………… 316 Questions: Written Answers …………………………… 321 193 194

DA´ IL E´ IREANN and the National Centre for Partnership and Performance, NCPP. Legislation underpinning ———— the establishment of NESDO has completed Second Stage in the Da´il and, when enacted, will De´ Ma´irt, 27 Eana´ir 2004. place the three bodies on a statutory basis as part Tuesday, 27 January 2004. of the office. The primary role of NESDO is to add value to ———— the work of its constituent bodies by creating the conditions under which synergies can be released, Chuaigh an Ceann Comhairle i gceannas ar joint projects pursued and the potential for 2.30 p.m. duplication minimised. The office promotes the development of a shared vision for realising these ———— goals and encouraging the constituent bodies to maximise their efforts through collaborative Paidir. policy development initiatives. Prayer. Over the past year, NESDO has overseen the provision of new accommodation for its ———— constituent bodies in Parnell Square. All the staff of these bodies are for the first time located in Ceisteanna — Questions. one building. Not only does this facilitate the sharing by the three bodies of administrative ———— costs and overheads, but also the sharing of knowledge and ideas and the devising of National Economic and Social Development complementary work programmes. This was Office. particularly evident during the preparation of work on the recent NESC report, An Investment 1. Mr. Rabbitte asked the Taoiseach the in Quality: Services, Inclusion and Enterprise — progress made to date by the National Economic No. 110. Both the NESF and NCPP had a and Social Development Office; and if he will considerable input into the drafting of the report. make a statement on the matter. [31079/03] Another example of this type of co-operation 2. Mr. Kenny asked the Taoiseach the between the constituent bodies was evident over proposed work of the National Economic and the past two months when the NCPP linked with Social Council during 2004; and if he will make a the NESC and NESF in developing teams for statement on the matter. [1021/04] each of the panels on the Forum on the Workplace of the Future. 3. Mr. Kenny asked the Taoiseach the costs NESDO has also produced its policies and which have accrued to his Department in respect procedures statement, which defines the of the National Centre for Partnership and functions and responsibilities of NESDO Performance; and if he will make a statement on regarding its constituent bodies, outlines its the matter. [1043/04] financial and human resources policies and 4. Mr. Kenny asked the Taoiseach if he will procedures as well as its customer service report on the recent work of the National principles. The statement is currently being Economic and Social Development Office; and if circulated to all staff for their observations before he will make a statement on the matter. formal adoption by the board of NESDO. [1044/04] On the NCPP specifically, the centre was established to bring about change and improved ´ 5. Caoimhghı´nOCaola´in asked the Taoiseach performance in both the private and public if he will report on the work of the National sectors, through partnership in the workplace. It Centre for Partnership and Performance. is doing this firstly by developing models of good [1576/04] practice in the area of partnership and improved 6. Caoimhghı´nO´ Caola´in asked the Taoiseach performance. Examples of the centre’s work if he will report on the work of the National under this heading include: the publication of Economic and Social Development Office. case studies of good practice in the private sector, [1577/04] which will be followed shortly by the publication of similar studies in the Civil Service; a 7. Mr. J. Higgins asked the Taoiseach if he will conference last November on best practice in the report on the recent work of the National area of information and consultation within Economic and Social Development Office. organisations, which, again, will be followed by [1843/04] the publication of case studies covering both the The Taoiseach: I propose to take Questions public and private sectors; and ongoing work on Nos. 1 to 7, inclusive, together. the development of guidelines on innovative The National Economic and Social forms of employee financial involvement. Development Office, NESDO, comprises the A second strand of the centre’s work is the National Economic and Social Council, NESC, development of practical supports for those the National Economic and Social Forum, NESF, involved in managing change through 195 Ceisteanna — 27 January 2004. Questions 196

[The Taoiseach.] Civil Dialogue in Provision of Quality Economic partnership. Examples of the centre’s work in this and Social Services. The conference will take area include: the preparation, in association with place in Dublin Castle on 6 and 7 April. The IBEC and ICTU, of two training modules on conference is motivated by two challenges facing developing partnership and on joint problem the provision of economic and social services in solving, for publication later this month; the the European Union: the challenge of development and promotion of a competency internationalisation, arising from European framework identifying the behaviours, attitudes integration and globalisation; and the challenge and skills necessary for the effective management of complexity, arising from the need for high- of change through partnership; and the quality services tailored to citizens’ needs and establishment of an interactive facility on the provided from constrained public revenues. The centre’s website designed to educate and inform purpose of the conference is to consider the role those interested in improving performance of the economic and social councils, the social through partnership. partners and the other components of organised As a third strand of its work, the centre is in civil society in addressing these challenges. the business of promoting partnership and performance. Activities in this area include: the Mr. Rabbitte: I am grateful to the Taoiseach recent publication of a major review of the for the long answer and I promise I will not put international experience of partnership, this question down again for at least six months. highlighting its value as a positive force for The Taoiseach will not have to read any script change; and the centre’s ongoing work both with during his time as President that will beat that. I its Strategic Alliance Network, consisting of hope he knows what it means because I do not. Departments and agencies concerned with The Taoiseach told us, “The primary role of workplace issues and with the Research Advisory NESDO is to add value to the work of its Panel, which is a national network of leading Irish constituent bodies by creating the conditions researchers in relevant disciplines. under which synergies can be released.” Can the The fourth strand of the centre’s work is to Taoiseach give us an idea what that means? For further develop our overall thinking on how example, would it apply in the case of Aer Rianta workplaces can best adapt to competitive or Dublin Bus? Would there not be a role for pressures, improve the delivery of services, and all this partnership, cohabitation and assistance in respond to the changing needs of employees. It is those companies? Sometimes one gets the doing this through the recently established Forum impression that the Minister for Transport, on the Workplace of the Future, which the centre Deputy Brennan, gives the same amount of both services and oversees. The forum is the main thought to policy initiatives in transport focus of the centre’s work at present. Its opening areas—— plenary session was held in Dublin Castle on 6 and 7 October and four expert panels which were An Ceann Comhairle: A question, please, established to support it have held a number of Deputy. meetings, most recently on 9 December. The forum and panels are to meet next week on 5 and Mr. Rabbitte: ——as Britney Spears does to 6 February and the forum is scheduled to report marriage. The Ceann Comhairle should time his this autumn. interventions more appropriately. Believe it or To assist in the work of the forum, a not, this is absolutely pertinent to the question. consultation paper was published in July and a What is the practical application of all this bureaucratic gibberish that we listened to for the major survey was commissioned on employer and first 11 minutes of Question Time? employee attitudes and experiences. The paper and preliminary survey results are available on The Taoiseach: I hope Deputy Rabbitte is not the centre’s website, together with the centre’s saying that the three organisations that make up other publications. Over the next few months, the NESDO are involved in bureaucratic nonsense. centre will publish the key themes and trends They all play an extremely useful role — I will from the survey. The costs which have accrued to not remind him who runs the three organisations. my Department since the centre’s establishment \ in 2001 to date are just over 2.26 million. Mr. Quinn: I would not write that answer. On the NESC, Deputies will be aware that a new council has recently been appointed by The Taoiseach: They do extremely good work Government, and it will continue the work on that is clearly focused on what they are housing policy begun by the previous council. In endeavouring to do, to organise best practice and the coming months the council will determine the disseminate best knowledge on how good remainder of its work programme for 2004, which partnership, change and adaptation to change will be done in co-operation with the two other works across the public and private sectors. All bodies, namely, the NESF and the NCPP. the work NESDO does helps to improve both During the Irish Presidency of the European industrial relations and change management, and Union, NESC and the European Economic and is relevant to all organisations because all Social Committee, EESC, are jointly organising a organisations are involved. NESC works on the conference entitled, Public Services: The Role of strategic analysis of what we do in much of our 197 Ceisteanna — 27 January 2004. Questions 198 public policy, NESF works on the social one aspect of the project earlier last year and dimensions and the NCPP works on deriving best again in October. practice, based on research in other countries and The priority of NESDO for the coming year case studies in Irish industry. All three function is to promote the complementary programmes of well together with a small number of staff to research analysis and discussion by the three assist the public and private sectors. I know organisations that are already there. NESC has Deputy Rabbitte does not mean it, but they do been in existence for about 30 years and the an extremely good job. If there are faults in the NESF for about 12 years. The NCPP is a more system, no one in the three organisations can be recent organisation. They will continue to provide blamed for them. I gave a long answer because shared administration and support services for they have been criticised in reports about what the three bodies to obtain the best value for they have been doing recently and those involved money. Each is a small organisation. I have given are anxious that we show the good work they the number as 24 for the three bodies. They are are doing. giving value for money and making a contribution to those who engage with them, because there is Mr. Rabbitte: Returning to the practical a cross-over between the social and reporting application in the sundered industrial relations in objectives as carried out by the NESDO. The fact Aer Rianta and the unilateral imposition of that they are working together and co-ordinating change management in various areas of the public is good. All of the social partners and others who sector, I am at a loss to understand how the deal with them believe this is an effective process Minister for Justice, Equality and Law Reform, and it was widely welcomed in the House when Deputy McDowell, and the Minister for the Bill was introduced. Transport, Deputy Brennan, are in keeping with the long answer the Taoiseach read out. They Mr. Kenny: Will the Taoiseach outline the case seem to believe in the unilateral imposition of studies to be published this year to which he change. referred? Following Deputy Rabbitte’s question on the practical implementation of the verbiage Will the Taoiseach clarify the purpose of the surrounding these bodies, the National Centre for NESDO umbrella? He published with great Partnership and Performance was established to fanfare recently a “less red tape” document on support and drive change in the Irish workplace. regulation. The fanfare and trumpets were to That was designed to enable public and private signal the message that red tape was being cut partnerships to respond to change, to build back. How is this cutting back on red tape? Is the capability and to improve performance. In the NESC still going to exist, quite distinctively and case referred to, it seems as if the Minister for separately? Are the NESF and NCPP going to Transport, in sending a detailed letter to the remain in separate existence? Is there any president of SIPTU, has taken unto himself all amalgamation of staff? Is the number of staff change and all partnership. In respect of the employed under the single organisation less than practical implementation as regards the the number employed under the three? Do the consumer, the customer and the ordinary person, three continue to have a separate existence? how does the Taoiseach see these bodies being What is the point of NESDO? We are trying to able to do the job for which they were set up establish the practical application in terms of this when Ministers send letters of comfort or letters initiative and how it is in keeping with the of assumption of job stability, thereby creating Taoiseach’s stated commitment to the confusion and conflict within workers in various minimisation of red tape. semi-State bodies? Is the Taoiseach happy that the remit of the bodies referred to is working in The Taoiseach: It is saving money. The NESC terms of practical results and consequences for has seven people, the NESF has six and the the average person on the street? NCPP has nine. One person has a dual role in NESDO. The director of the NESC is included in The Taoiseach: I do. The three organisations, both sets of figures. He is also chief executive two of which have been in existence for a long officer of NESDO, so that is essentially the co- time, are fulfilling their roles. NESC has been ordinating body for administrative purposes. compiling reports for almost 30 years but that There is a saving. The budget for 2003 was less does not mean everybody has always agreed with than 2002, so not only have efficiencies been them. The NESF has been doing a good job and achieved from the fact that the three bodies are there has been active participation by Members in the one place, but money has been saved in of this House in its work for the past 12 years. real terms. The figure saved is 8%. This year their The National Centre for Partnership and Estimate will be increased because they received Performance is highlighting best practice. There an allocation for their major project — into which has been enormous change and many issues have they have put enormous effort — the Forum for been resolved through their advice and work. the Workplace of the Future. They have There will always be difficulties. These generated a vast amount of interest in that regard organisations are not in the business of changing across the public and private sectors. Members of the entire industrial relations structure but they Deputy Rabbitte’s party were at the launch of can significantly help in the efforts towards 199 Ceisteanna — 27 January 2004. Questions 200

[The Taoiseach.] The National Economic and Social Forum, change. I could outline numerous reports and which is now part of the NESDO, produced a work undertaken by these organisations but I do very damning report in 2002 on equity of access not think that is necessary because Members are to hospital care. I wish to ask the Taoiseach about aware of them. Many of the publications issued the outcome of the work of the NESF and the by them illustrate the work they are doing. NESDO. The report made a strong case for the These organisations are modernising our evaluation of the waiting list initiative. What has workplaces, delivering more competitive and been done, for example, in regard to that social visions and achieving higher performance recommendation, given that it is now January in partnership works in the public service. They 2004? have provided effective learning and training programmes through the Civil Service conference An Ceann Comhairle: The Deputy should and are involved in a great deal of work involving submit his question to the Minister for Health management, employers and unions. All those and Children. involved in the three organisations are fulfilling their roles and doing good work. Since the Caoimhghı´nO´ Caola´in: The collective aim of organisations came together the executive my question is to stir some attention and interest chairperson has done an excellent job and is in all this. These bodies are not being given the highly thought of by employers and workers. opportunity to make an effective contribution—— Caoimhghı´nO´ Caola´in: It is with some regret that I ask the Taoiseach if he agrees that the An Ceann Comhairle: The Deputy is making a National Centre for Partnership and Performance statement. He should allow the Taoiseach to is but an expensive talking shop? Is it not the case reply. that this is a departmental quango that justifies ´ itself through the publication of occasional Caoimhghı´nOCaola´in: : ——because the bulletins and through creating meetings for the Government refuses to implement any of their sake of creating meetings? What product does the recommendations. That is the core of the centre produce; what is the outcome of its work? problem. The Department of the Taoiseach suggests the centre has an important role to play in supporting The Taoiseach: For about the past 30 years the and facilitating organisational change based on NESC has prepared the reports upon which social partnership has been based for the past 17 years partnership in the public and private sectors. We and has done more than anyone else to influence are told the overall aim is to improve the key policies of successive Governments in performance and to provide better public services that time. The current report addresses very and so on. Would the Taoiseach not agree that in effectively housing issues. Were any of the this the 21st century, all these objectives could be reports to be examined it would be seen that they achieved through two important and simple have influenced thinking in Departments, at the measures: the recognition of the right of Cabinet table and in society. They have driven employees to trade union membership; and the the approach to many social, economic and requirement on employers to recognise trade environmental issues. unions as the negotiating team of workers for For the past 12 years, NESF has driven social workers’ interests? These are the critical changes issues such as unemployment. It was set up to needed. Will the Taoiseach accept that it is deal with such issues at a time when we had the outrageous that workers’ rights in terms of trade highest level of unemployment in the history of union membership and the recognition of trade the State, approximately 360,000 people. A great unions—— many Members of the Oireachtas are involved in the organisation, therefore, it is not necessary for An Ceann Comhairle: The Deputy is me to outline its work because Members are wandering from the questions submitted. familiar with it. The NCPP works to help the process of change, Caoimhghı´nO´ Caola´in: No, I am not. This is a moving away from a time when everything ended substantive area which this body has been up with industrial disputes and management established to address. made decisions without the involvement of workers. It has followed good case studies and An Ceann Comhairle: The Deputy is carried out excellent work in recent years. The wandering from the substance of the questions. NCPP is a successor to a group which was in place for the previous six or seven years. The body has Caoimhghı´nO´ Caola´in: Sadly, I wish that were done outstanding work. the case, but it is not. I am dealing with what is I will not do so but I could list two pages of at the core of this matter. Looking ahead, are major public and private companies with which these the workplaces of the future where the organisation has worked. I will list the first workers’ rights are not recognised and the right half dozen companies to demonstrate the extent of trade unions to represent employees is denied? of its involvement: Abbott plc, Allianz, Allied 201 Ceisteanna — 27 January 2004. Questions 202

Irish Banks, Aughinish Alumina, Bausch and Mr. J. Higgins: What confidence can workers Lomb, Beaumont Hospital and Cavan County have in the aims of these organisations when, for Council. The NCPP engaged with these example, the Minister for Communications, companies to bring to the organisations best Marine and Natural Resources blatantly reneged industrial relations and change practice. It is on an agreement with post office workers that significantly involved in driving this change. was signed, sealed and delivered in regard to the I understand why my officials supplied me with employee shared ownership? I must come down such a long reply — they felt Deputies were not to the specifics because we want to hear—— aware of the purpose or value of the organisations, and that is clear now. An Ceann Comhairle: Supplementary 3 o’clock The collective work of these questions must be related to the questions tabled. organisations, the experience of the people behind them and the executive Mr. J. Higgins: As long as the Taoiseach is chairpersons’ effort is enormous. The system is allowed to give rambling replies and use also cost-effective since the organisations were generalities and synergies and so on which are in already in place and have come together with a contrast to the policies enacted by his Ministers, small staff. They are not trying to solve the we will not obtain the information we need. I industrial relations problems of the entire country have asked a valid question as to how the policies — other agencies are in place to do so — but to of the Government, especially that of the force the process of change, and they are doing Minister for Communications, Marine and so very well. Natural Resources regarding post office workers, Any of the reports which the organisations sit with what the Taoiseach stated in his opening have prepared, including those to which Deputy reply? O´ Caola´in referred, will go to the relevant Departments for action. An Ceann Comhairle: The Deputy should table a question to the Minister for Communications, Caoimhghı´nO´ Caola´in: Why then will the Marine and Natural Resources on that issue. Government not legislate? The Taoiseach: If Deputy Joe Higgins looked at the questions being discussed, he would see The Taoiseach: That happens in an effective that I answer the questions I am asked. Good manner. partnership arrangements, as enunciated by these agencies, should be followed. That does not mean Mr. J. Higgins: Given that the National that there will not occasionally be friction about Economic and Social Development office implementing policy or trying to organise change. incorporates the National Centre for Partnership That is inevitable but it should be done on the and Performance, is the Taoiseach aware that the best basis. Information should be exchanged and director of that centre said last year that there is there should be proper dialogue because people growing evidence that involving and empowering should try to work out issues together. That is the employees through partnership builds trust and Government’s policy. good relations? Does the Taoiseach agree that the word “partnership” for the Government is Mr. Sargent: The Taoiseach stated that, if there similar to the word “sustainability”, rather like are faults in the system, they do not relate to the nylon stockings that can be stretched to fit all three organisations. Those of us who see the sizes and occasions, even to make a balaclava Government as a problem agree with that behind which the identity and purpose can be statement. Is the Taoiseach teaching the National hidden? How does he reconcile his commitment Economic and Social Council a lesson in coping to partnership and that of these organisations with competitive pressure by reducing its with the actions and policy of his Ministers which funding? Is that an effort to get the council to are directly contrary to such commitment, see how far it can stretch its resources or is it a diminution of its significance and a Government whether they be the bullying of prison officers by message in that regard? the Minister for Justice, Equality and Law Regarding recommendations made by agencies Reform or the bullying of transport workers by such as the NESC, can the Taoiseach instance a the Minister for Transport? recommendation that has been implemented and In particular, what confidence can workers one that has not? Does he agree that the attitude have in the Government in the context of what of the Government to recommendations the Taoiseach states is his commitment to generally from the NESC is similar to the popular partnership—— attitude to the Bible? Whatever measures suit the status quo are implemented and those that bring An Ceann Comhairle: These questions relate about equity and sustainabilty but upset a few to two agencies. The Deputy should ask a vested interests, such as the NESC’s supplementary question appropriate to the seven recommendation to introduce more carbon taxes questions tabled. rather than labour taxes, are seen as too difficult 203 Ceisteanna — 27 January 2004. Questions 204

[Mr. Sargent.] has made considerable progress since its for the Government to act on. However, given establishment in May 2001 following publication that it was an NESC recommendation, does this of the OECD review on regulatory reform in indicate the Government is picking and choosing Ireland. The group has focused on two areas in and not taking the council seriously? particular. The first is the formulation of a White Paper The Taoiseach: When Deputy Rabbitte asked on better regulation. As Deputies may be aware, if there was cost effectiveness, I answered that I launched the White Paper on Tuesday, 20 there was a saving of 8.3%. Combining the three January. I understand that copies were circulated organisations made a saving. to all Deputies and placed in the Oireachtas The agreements reached in all the NESC Library. The White Paper sets out six core reports of the past 17 years, but especially the last principles of better regulation: necessity, five or six on social partnership, have formed the effectiveness, proportionality, transparency, basis for the implementation of policy. The accountability and consistency. Application of reports were, by and large, accepted almost whole these principles will enable our economy to in partnership discussions. That happened with perform better and improve the quality of public the most recent agreement, Sustaining Progress. services. Recently, when I attended the 30th anniversary The White Paper also sets out a detailed action of the NESC, it was pointed out that the council plan to translate these principles into how we de- had advocated the tax credit system at the same sign, implement and review legislation and regu- time as the Commission on Taxation did so. lations. Key actions include the introduction of Many of the council’s policies have been regulatory impact analysis, RIA. This will be a implemented. major improvement to the way new regulations are made. Departments and offices will assess and Mr. Sargent: But not carbon tax. quantify the likely impacts of major new regu- lations and will consult more widely and consist- The Taoiseach: That has not been dealt with ently before making regulations, especially with yet but that does not mean that there are some consumers when they are likely to be affected. policies which will be dealt with in the future. Consideration will be given to the downstream They do not go away. compliance and enforcement consequences of regulations, including monitoring and review me- Regulatory Reform. chanisms where appropriate. 8. Mr. Rabbitte asked the Taoiseach the New systematic reviews of existing regulations progress made to date with regard to the in key areas will take place and an ongoing series implementation of the OECD report on of reviews will be undertaken. This will involve regulatory reform; and if he will make a assessing the adequacy and relevance of existing statement on the matter. [31080/03] regulations and the regulatory arrangements and 9. Mr. Kenny asked the Taoiseach the progress agencies that are in place in specific key areas of made in the implementation of the the economy and society. recommendations of the OECD report on Improvements to our approach to sectoral regulatory reform; and if he will make a regulation will be made. This will include statement on the matter. [1046/04] establishing new independent regulators only if the requirement for an existing regulator can be 10. Mr. Sargent asked the Taoiseach if he will clearly demonstrated and if responsibility for the report on the implementation of the sector in question cannot be assigned to an recommendations of the OECD report on existing regulator. There will also be a review of regulatory reform; and if he will make a the existing arrangements for appeal of decisions statement on the matter. [1282/04] made by sectoral regulators to try to speed up 11. Mr. Naughten asked the Taoiseach the implementation of important infrastructural recommendations in the OECD report on projects. regulatory reform which have been implemented There will be a renewed drive to tackle red to date; and if he will make a statement on the tape. Departments and offices will be asked to matter. [1392/04] simplify and streamline their administrative processes and to report specifically on targets and 12. Mr. Rabbitte asked the Taoiseach if he will progress in their strategy statements and annual make a statement on the publication of the new reports. Government White Paper on better regulation; We will have greater clarity and accessibility of and the specific steps his Department intends to regulation, including publishing new explanatory take to reduce red tape. [1992/04] guides to Acts which have major implications for The Taoiseach: I propose to take Questions consumers and citizens. A major programme of Nos. 8 to 12, inclusive, together. statute law revision will be undertaken to bring As I informed the House in my reply of 15 the Statute Book up to date and make it easier October 2003, the high level group on regulation to find the law relating to specific issues. A new 205 Ceisteanna — 27 January 2004. Questions 206 better regulation group will be established to on regulation in that area? Is it not the case that oversee implementation of the actions outlined in the privatisation of Telecom E´ ireann has been an the White Paper and to report back to the unmitigated disaster for almost everybody Government on a regular basis. involved? We now have a duopoly that is The second priority of the high level group and increasing its tariff rates every time it thinks a key action point in the White Paper is the about it and the regulatory framework does not development of a system of regulatory impact seem to be able to get a handle on it. Are these analysis, RIA, as recommended by the OECD in not the tangible matters that have a bearing on its report. RIA is a policy tool designed to the economy in terms of competitiveness, etc.? identify and quantify, where possible, the impact How does the publication of the Taoiseach’s of new and existing regulations. A working group White Paper advance those issues? of officials has developed an approach to RIA that would be suitable for piloting in the Irish The Taoiseach: The Deputy has asked me a legislative and policy-making context. number of questions concerning what actions will A small number of volunteer Departments will take place. I will put simply the overall issue be sought to allow regulatory impact analysis to before I come to the individual issues the Deputy be piloted in the months ahead. Ultimately, the mentioned. In 1999 following the OECD studies, wider introduction of RIA across all we started this process to get better regulation. Departments and offices will be supported by the We were one of the first countries to take up this preparation of detailed guidance material and issue. A great number of countries are taking it supports and delivery of a programme of up now and have done so in the past few years. awareness raising and training. The assessments of how it could work better The publication of a White Paper on regulation were carried out up to 2001. A number of areas and the introduction of regulatory impact were looked at — professional services, assessment across Departments are two of the electricity, gas, the liberalisation of pharmacies, commitments on regulatory reform contained in etc. This has been examined in several areas. The Sustaining Progress. Overall, we are making basis of the White Paper is that whenever we set inroads in the area of better regulation and I look up any regulation or legislation, we should look forward to even more progress in the coming to see if there is another way. We should examine years in accordance with the principles and whether it is necessary to legislate or have a actions outlined in the White Paper. statutory instrument or whether there is a simpler and more efficient way. Mr. Rabbitte: Again this is very dense and The OECD argued that up to 7% of GDP impenetrable stuff. It is very difficult to know could be generated in a society where there is a whether it will have any tangible impact. Now regulatory system that does not just impose that the Taoiseach has published the White burdens and costs. That seems a particularly high Paper, which starts with an amazing opening figure because every 1% would mean \1 billion sentence stating that the Government is not “for to the Irish economy. Regardless of whether that or against” regulation and that rather the is right, the assessment is correct. When we want Government favours better regulation, where do to do something, we should not just impose we go from here? Are there likely to be statutory burdens on citizens, be they employers, trade instruments or primary legislation derived from unionists or individuals. We should consider the publication of the White Paper? whether there is a simpler way to proceed. That I note what the Taoiseach said about RIA aspect relates to all new legislation, statutory being a tool to quantify and measure new instruments and regulations. It would not be very regulations. What is the practical impact since the difficult to achieve and the regulatory impact publication of the OECD report? What progress assessment and the model set out in the White has been made in regulatory reform in any of the Paper are simple enough to allow it to be done in major areas of the economy? We have the future. deregulated taxis as a result of a decision of the The second point relates to all old Acts. The High Court. Is it not the case that the high level group, which will begin its review in Government has very shabbily treated the this area with pre-1922 Acts, of which there are unfortunate casualties of that — a small number hundreds that date back centuries, believes that of taxi plate holders who have suffered serious these should be brought up to date. The answer loss for a variety of reasons? Other than tackling to the Deputy’s question as to whether, in the the taxi service operated by working class men context of the Statute of Limitations, there will generally, where else have we made any steps be new legislation to regulate these is “Yes”. The forward? group is considering if this can be done a What is the situation with regard to the collective way, rather than by dealing with professions, pubs and a number of other areas hundreds of Acts individually. It is looking at where action was promised but no action has updating the Statute Book, and keeping it been taken? We know what has happened updated, in omnibus fashion but also at getting recently with telecoms. Do we have any handle rid of these hundreds of Acts, many of which are 207 Priority 27 January 2004. Questions 208

[The Taoiseach.] incentives introduced to allow matters to move a used, in one form or another, in the courts each particular way. Other examples are also set out day. That will be useful for businesses and in the report. individuals in terms of knowing exactly what is I accept Deputy Rabbitte’s description of it as law in this country. heavy stuff. However, in Europe and throughout The third point relates to the areas to which the world, when Governments move away from the Deputy referred, namely, telecommunica- tax reform because it has worked its way through tions, electricity, pharmacies, public house and the system, they use regulatory analysis as a professional services. Work has been ongoing in means of achieving greater efficiency and more respect of these areas since 2001. I share his view competition. The work we have done in this that while the Competition Authority com- White Paper is to gear that towards the Irish menced work on the professional services study model. in May 2001 by examining eight professions, in- I thank the members and officials in the cluding those of engineers, architects, dentists working groups for their work on this. I do not and veterinarians, it has been slow in finalising its claim to have had any input into the paper but I studies. However, it has produced its reports and appreciate the people who have worked on it. is involved in the ongoing discussions. The con- They produced a White Paper which is far sultants’ report was published last March. Those simpler than some of the contents of the OECD involved have since been using that report as a report two years ago. basis for their work. The Competition Authority has been engaged in consultations and has issued An Ceann Comhairle: That concludes recommendations on each of the professions. Its Taoiseach’s questions. reports in respect of these matters have not been produced yet. I may be being unfair by saying Mr. Sargent: On a point of order, will the that and some of the reports may have been House take steps to regulate the length of the Taoiseach’s replies, given that he has effectively forthcoming but I do not believe that they have blocked questions from other Deputies? been produced in most cases. Apart from the White Paper, the work in An Ceann Comhairle: That is not a point of respect of these eight professional areas is order. The Deputy should take up the matter continuing and the reports and recommendations with the Da´il reform committee. relating to them will be published in the summer. I am aware that the paper relating to the legal Mr. Sargent: That point needs to be addressed. profession is to be published in May, while others The Kyoto Protocol will be difficult to implement will be published either prior to that date or later. if the Taoiseach continues to emit CO2 at that On electronic communications, there are rate. approximately five directives involving changes currently in existence. With regard to electricity, Priority Questions. there are a number of regulations which arise out of this work. In the area of telecommunications, ———— there are directives coming forward. All of that work from the OECD report is being progressed, Hospital Services. albeit slowly, by the Competition Authority and the agencies involved. Regulations relating to 135. Ms O. Mitchell asked the Minister for pharmacies and liquor licences have been Health and Children the plans that are in place published. The final one relating to liquor and the amount of money allocated in 2004 to licences, the codification of the legislation which ensure access by all who need it to a contains approximately six sections, has been comprehensive neurology service. [1536/04] completed. While the work is slow, it is useful. Minister for Health and Children (Mr. Martin): The regulatory impact analysis does not merely Following a number of meetings with various involve publishing the White Paper for the interest groups, I requested Comhairle na benefit of agencies and Departments in the future nOspide´al to conduct a review of neurological and allowing other matters to drift. The high level services and related issues. Comhairle na group has provided a model which must be nOspide´al established a committee to examine, followed. In any legislative areas where there is inter alia, existing arrangements for the provision discussion or debate in the future, before we of consultant level neurology and arrive at the final process the type of analysis I neurophysiology services nationally and to make have outlined must be undergone. This will, I recommendations on the future organisation and hope, mean that there will be less regulation. It is development of those services. Comhairle na not a question of deregulation, it is about better nOspide´al has now published its report and, regulation or finding an alternative way to having considered it, I am happy to endorse its proceed. The report points out that the plastic recommendations. bag levy was not a question of enforcement or The report recommends significant penalties but that a policy decision was made and enhancement of neurology and neurophysiology 209 Priority 27 January 2004. Questions 210 services, including increases in consultant sanctioning a consultant post to the post coming manpower. It also recognises that there are on stream. Generally, our consultant numbers aspects of a number of other specialties and across a range of specialties are below what services, such as rehabilitation medicine, geriatric pertains in other countries. That was the reason medicine and old age psychiatry, which are for the Hanly programme, the need for change in related to and overlap with neurology services. the consultants’ contracts and the aim of doubling Comhairle na nOspide´al has recommended that a the number of consultants. There is caution, national multidisciplinary review of rehabilitation therefore, about making further dramatic services be undertaken to further inform the increases in consultant numbers in certain policy framework on the development of specialties in advance of dealing with those neurology services. critical issues. Consistent with this recommendation and in There has been a dramatic increase in recent line with commitments in the national health years in the number of consultants in the critical strategy, a national action plan for rehabilitation areas of cancer, cardiovascular and accident and services is being prepared by my Department. emergency medicine. Unprecedented numbers of The action plan will set out a programme to meet consultants were appointed. I will have to existing shortfalls in services and to integrate examine the financial envelope this year to see specialised facilities with locally based follow-up what can be done to advance the cause of services. The rehabilitation action plan, together neurology. I acknowledge the need for additional with the Comhairle na nOspide´al report and the consultants in this area. The Comhairle na work undertaken by the Neurological Alliance of nOspide´al report was published too late for last Ireland through its publications, will offer a year’s financial envelope. comprehensive policy framework for the future development of neurology and neurophysiology Ms O. Mitchell: I am aware there is a long lead- services in this country. My Department will in time from the time of sanction. That is the continue to work closely with the alliance and the reason I asked if any appointments had been Irish Consultant Neurologists Association on the sanctioned. The Minister must be aware that future development of services. The neurological diseases can be treated and managed implementation of the recommendations will be and the progress of the diseases can be progressed having regard to the evolving policy postponed. The patient’s quality of life can be framework in this area and in the context of immeasurably improved if the patient gets access competing funding priorities. to a neurologist and the neurologist’s support Specialty costing data in respect of hospitals team. The Minister said he opposes a dramatic which provide neurology services indicate that in- increase in the numbers. I accept that this must patient costs for this specialty for 2002 were over be done in a planned and phased way, but has \19 million. This figure excludes costs in respect there been any increase? Is there any sense of of neurology services provided in out-patient and urgency? accident and emergency departments and This is yet another specialty in which there is specialist day case activity, which are not under-provision. The Minister spoke about the routinely collected by my Department. Hanly report and doubling the number of consultants, but this report has confirmed gross Ms O. Mitchell: It is incorrect to claim that the under-provision in neurology without an input report has just been published — it was published from Hanly. However, there are no new last spring. I am concerned about what has consultants after more than eight months and happened since then. It appears the Minister has there is no sign of any posts being sanctioned. simply commissioned yet another report, the Every day people are diagnosed with serious review of rehabilitation services. While that is neurological illnesses and their outcomes are welcome, it does not indicate that there has been diminished by the fact that they cannot see a any significant progress in appointing neurologist. neurologists. The review showed that Ireland is yet again at the bottom of the league, as it were, Mr. Martin: I do not dispute the need for with the smallest ratio of neurologists to additional consultants in neurology. However, I population. We have less than one third of the will have to examine how many additional posts required number of neurologists. What has been can be sanctioned within the financial envelope done to provide additional neurologists since the available to me this year. report was published? How many neurologists have been approved or appointed? Health Funding. 136. Ms McManus asked the Minister for Mr. Martin: We have to consider how many Health and Children if he has carried out or additional consultants can be appointed in the received any assessment of the casemix system context of the funding envelope that is available that he is applying to hospitals, which is for this year and forthcoming years. There is a penalising patients awaiting treatment and significant lead-in time from the date of causing further cuts in the budgets of certain 211 Priority 27 January 2004. Questions 212

[Ms McManus.] Ms McManus: Nobody argues with the aim of hospitals, especially in the greater Dublin area making hospitals efficient. However, does the where there are already severe problems; and if Minister accept that the current casemix system he will make a statement on the matter. does not provide an accurate gauge whereby it [2104/04] can be ensured that more problems are not created for hospitals under pressure, especially in Mr. Martin: The casemix budget model is an the Dublin area? The result of the Minister’s internationally developed system, in use since the approach in the east coast area has been penal. 1980s and at present used in most developed More than \2 million has been taken away from countries for health funding. As was stated in the two key hospitals, St. Vincent’s Hospital and St. health strategy “... the most developed system for Columcille’s Hospital in Loughlinstown. That assessing comparative efficiency and for creating incentives for good performance is Casemix.” must impact on patient care. The casemix model is considered to be the only Does the Minister acknowledge that it is not a model capable of dealing with the complexities of case of inefficiency in these hospitals but that a resource allocation within the hospital services. high number of elderly patients are blocking beds Every year major improvements to the system are because there are insufficient rehabilitation developed with the assistance of all the hospitals units? That is a direct result of the Minister’s involved and in response to their needs and failure to provide such beds. Does he also changing clinical practice. A comprehensive acknowledge that these hospitals have complied review of the national casemix programme has with the appropriate public private balance of been carried out by the casemix unit of my 80% and 20%? Other hospitals have disregarded Department. This review has taken place in an that balance and have catered more for private open and inclusive manner and included patients who do not stay in hospital as long as consultation with all the stakeholders in the public patients. They are usually not as sick or process, including hospital managers and as old as public patients. The Minister may be clinicians. rewarding hospitals which care more for private The intention of the review was to ensure that patients than for public patients and which the system is fair, accurate and robust enough to provide for acute cases in accident and incorporate all the strategic developments being emergency departments because they do not have proposed in the medium term. A report on the reserve beds. matter is being prepared at present which will I know this is technical, but perhaps the make recommendations for the enhancement of Minister would recognise that the result of what the model. This will result in Ireland having one he has done is to penalise hospitals which are of the most advanced casemix systems in the already under pressure. Approximately 2,400 world, while still being an “Irish” system for patients are waiting for care in St. Vincent’s Irish patients. Hospital. It is a major hospital which deals with On the matter of casemix penalising patients cancer patients and is subject to huge demand awaiting treatment, casemix has resulted in more from patients in the locality and its catchment rather than fewer patients being treated year on area. It is also a tertiary hospital, yet it is taking year. In the period 1999 to 2001, for example, a hit of more than \1.2 million. That must be where direct comparison is available, the absorbed within the hospital and, inevitably, will numbers treated as in-patients and day cases in impact on patient care. casemix hospitals rose by 72,829. With regard to I am glad the Minister is carrying out the some Dublin hospitals losing funding, many of review, which I welcome. He must also carry out the hospitals that lost some funding under the an equally forensic survey of the impact of this programme this year gained significant funding in approach. What evidence is there that benefits other years. The Adelaide and Meath Hospitals accrue to patients when hospitals are rewarded? incorporating the National Children’s Hospital, The Minister is rewarding Letterkenny General Tallaght, for example, lost funding last year but Hospital, for example, which is great for it. gained this year. The Mater hospital gained However, that is not of comfort to the thousands funding this year yet lost funding last year. of people trying to access services in St. Vincent’s The rationale for the use of casemix systems as Hospital. A young woman I met through my part of the budgetary process is the wish to base clinic needs a colostomy reversal operation and funding on measured costs and activity, rather cannot get into St. Vincent’s Hospital because than on less objective systems of resource there are no beds. She was told she had to have allocation, and to fund hospitals based on their the operation within a year. It is now the last “mix” of cases. In other words, a hospital should month of that year and there is no sign that she be funded for the patients they treat. The will receive the necessary treatment. By fining St. programme is operated in an open and Vincent’s Hospital, the Minister is ensuring that transparent fashion and full details of the clinical there is less chance of such patients’ needs being and financial information on which casemix met quickly. budget adjustments are based is provided to all As regards the review, I urge the Minister to participating hospitals. examine the context in which these hospitals 213 Priority 27 January 2004. Questions 214 operate and how they ensure that public patients An Leas-Cheann Comhairle: We are well over are treated fairly, unlike many other hospitals the time. I must call Question No. 137. which are being rewarded under the casemix system. Medical Cards. 137. Caoimhghı´nO´ Caola´in asked the Minister Mr. Martin: I reject the attempts to personalise for Health and Children the details of the new the casemix process as “his approach”, that is, the income guidelines for medical card qualification; Minister’s approach. It has been the approach of and if it is intended to extend qualification as successive Governments and is an internationally promised before the general election in 2002. accepted model. I cannot claim credit for [1789/04] inventing the casemix model. Mr. Martin: The medical card income Ms McManus: The Minister should claim guidelines issued by the chief executive officers of the health boards for 2004 are effective from 1 responsibility. January 2004. They are as follows: a single person aged up to 65 years and living alone — \142.50; An Leas-Cheann Comhairle: Order, please. a single person aged between 66 and 69 years and The time is up and we must move on to the next living alone — \156; a single person aged up to question. 65 years and living with a family — \127; a single person aged between 66 and 69 years of age and Ms McManus: The Minister should not walk living with a family — \134; a married couple away from it. aged up to 65 years — \206.50; and a married couple aged between 66 and 69 years — \231. Mr. Martin: I am not. We must be fair in our The allowance for children under 16 years is \26 assessment and in terms of informing the public and is \27 for a dependant aged more than 16 as to how this happened. I have often been years with no income maintained by the lectured in the House and people have correctly applicant. The allowance for outgoings on house, commented about the need to be vigilant in rent, etc. is \26, and for reasonable expenses maintaining value for money. This is probably the necessarily incurred in travelling to work the one model which attempts to achieve a value for allowance is \23. money efficiency approach to the organisation of The health strategy includes a commitment acute hospital activity. that significant improvements will be made in the As regards the Deputy’s point about length of medical card income guidelines to increase the stay, the hospitals are not penalised for excessive number of persons on low income eligible for a length of stay and are not given credit for quick medical card and to give priority to families with patient turnover. It is about the cost per case for children, especially children with a disability. This the same case across hospitals. The costs are should be viewed in the broader context of the higher for the same type of case in some hospitals strategy’s emphasis on fairness and its stated compared with others. Hospitals can make objective of reducing health inequalities in our submissions. Accident and emergency society. Due to the prevailing budgetary departments place a significant degree of situation, I regret it is not possible to meet this pressure on certain hospitals compared with commitment this year, but the Government others. These factors can be taken into account remains committed to the introduction of the in the casemix model. necessary changes within the lifetime of the There is a need to modernise and enhance the Government. model because there has been a comprehensive review of it. However, we have also examined Ms McManus: Before the next election. other models, especially the Australian model, Mr. Martin: It should be remembered that with a view to adapting them to the Irish health board chief executive officers have situation. A report has almost been completed discretion in terms of issuing medical cards and and submitted to the Secretary General of the also that a range of income sources are excluded Department. I have not seen the full report yet by health boards when assessing medical card but, when I do, it will be sent to the Government eligibility. Many allowances, such as carers’ for decision. allowance, child benefit, domiciliary care The argument that we are reducing patients’ allowance, family income supplement and foster chances does not stand up. Additional patients care allowance are disregarded when determining are treated year on year in many hospitals under a person’s eligibility. Given these factors and the the casemix model. Using comparable figures, discretionary powers of CEOs, having an income there was an increase of 72,000 patients for the that exceeds the guidelines does not mean that a years 1999 to 2001. There has been an ongoing person will not be eligible for a medical card, and increase in patient numbers year on year. a medical card may still be awarded if the chief executive officer considers that a person’s Ms McManus: May I ask a further question? medical needs or other circumstances would 215 Priority 27 January 2004. Questions 216

[Mr. Martin.] real or relative poverty, do not have the benefit justify it. Non-medical card holders and people of a medical card? I do not believe that the with conditions not covered under the long-term Minister can morally justify that. This is a very illness scheme can avail of the drugs payment serious matter affecting an increasing number of scheme. Under this scheme, no individual or people because the curtailments and restrictions family unit pays more than \78 per calendar introduced on the medical card leave people in month towards the cost of approved prescribed real poverty on a daily basis. medicines. The health strategy emphasises fairness and the Mr. Martin: It is medically established that objective of reducing health inequalities in our people over 70 have far greater need to visit their society. Shorter waiting times for public patients GPs than those under 70, perhaps with the are prioritised with the expansion of bed numbers exception of young children. The Deputy voted and the introduction of the national treatment in this House for the measure that he now finds purchase fund. In addition, there are clear morally reprehensible. commitments to targeting vulnerable and disadvantaged groups, including continued Caoimhghı´nO´ Caola´in: I am asking the investment in services for people with disabilities Minister to justify it morally. and older people, initiatives to improve the health of Travellers, homeless people, drug Mr. Martin: The Deputy voted for it and the misusers, asylum seekers, refugees and prisoners record speaks for itself. and the implementation of the national anti- ´ poverty strategy targets relating to health. Caoimhghı´nOCaola´in: I asked the Minister to justify it morally. There is a major difference. Caoimhghı´nO´ Caola´in: I am almost speechless as a result of the Minister’s response. I will do Mr. Martin: The Government gave this him one little courtesy by not referring to the commitment and I regret it is not in a position to Government’s pre-2002 general election promise deal with it this year, but there has been fiscal to extend the medical card to more than 200,000 confinement or restraint for the past two years. I have concentrated on other areas of our additional people because he is already commitments, particularly to have public patients sufficiently discredited on that point. treated faster. Soon we will reach the point where The Government’s health strategy, under what 12,000 who had been waiting longer than 12 it calls, “National Goal No. 2 — Fair Access”, months will have been treated by the national promises to increase income guidelines for treatment purchase fund, to which we allocated medical cards. Last year a married couple aged \30 million. The cost of the GMS has risen up to 65 years were entitled to a medical card if dramatically in the past two years, from \890 their income was under \200. However, the million in 2002 to \1.2 billion. These are all Minister has indicated in his reply that that figure \ factors at which we have been looking and we has been increased by 6.50 for the current year, have been drilling deeply into the GMS scheme which is a 3.25% increase. Was that the best the to see if we can effect savings that can be Minister could do? If a married couple with two returned to the people whom the Deputy children under 16 years of age have an income of \ mentioned. The significant escalation of the 260 per week, they will not qualify for a GMS, however, cannot go unnoticed or medical card. uncommented on, or be tossed aside as if it has Under the Minister’s guidelines families with no application to the decisions we take. young children regularly face a terrible choice. To \ \ visit a GP costs between 30 and 50 depending Caoimhghı´nO´ Caola´in: There are fewer on where in the country one is domiciled. people in the GMS scheme today. Families must choose which of their daily needs to do without to visit a GP with a sick child. Up Mr. Martin: That is a fairly significant factor to one fifth and in some cases one quarter of a which requires reflection. weekly income is spent on the GP visit alone, before the cost of medication. The figures the Ms McManus: The Minister is causing that Minister has announced for 2004 continue a problem. pattern that is removed from the reality of the daily living conditions of ordinary people and Mr. Martin: The consumption levels of contributes to the basis of ill-health. Real needs, medicine are increasing each year—— particularly those of children, which the Minister emphasised, are not being addressed because of Ms McManus: So is the number of people the terrible and stark choices facing families. over 70. How does the Minister morally justify the extension of the medical card to all over the age Mr. Martin: ——as is the rate of prescribing. of 70, regardless of income or means, while children up to the age of 18 years, some living in Ms O. Mitchell: Why penalise patients? 217 Priority 27 January 2004. Questions 218

Mr. Martin: They are the key factors. One only particular, this group will review all pertinent has to look at drugs such as statins, peptic ulcer matters concerning this former patient while in drugs and so on for an illustration of that. the care of mental health services in the Midland Health Board, investigate allegations made on Ms McManus: The Minister is encouraging behalf of the former patient by her father and that. It is a good thing. review the response of the board’s mental health services to previous complaints made by this Mr. Martin: Yes, it is a good thing, but it is patient’s father on her behalf while she was in the a factor. care of those services. The group will make any ´ recommendations deemed appropriate on the Caoimhghı´nOCaola´in: Others are affected as board’s care management systems, processes and a result of that. services and submit a report to the board’s chief executive officer. Mental Health Services. In line with Government policy, the transfer of 138. Mr. Neville asked the Minister for Health patients with an intellectual disability from and Children if he will set up a public psychiatric hospitals is ongoing. The transfer independent investigation into the midlands programme aims to provide more appropriate psychiatric hospital in which a mildly autistic care settings and enhanced levels of services for person was allegedly repeatedly raped; his views persons with an intellectual disability and those on the opinion of the rape crisis network that with autism accommodated in psychiatric sexual violence against persons with disabilities in hospitals. In his report for the year ended residential institutions is prevalent; and if he will December 2002, the Inspector of Mental investigate the extent of this and appoint an Hospitals acknowledges and details the independent inspectorate which has the expertise considerable progress made in recent years in and authority to identify whether residential transferring such patients to appropriate facilities. settings can protect the human rights of I remain committed to ensuring that all persons residents. [1696/04] with intellectual disability receive appropriate Minister of State at the Department of Health care and treatment in suitable facilities. I have and Children (Mr. T. O’Malley): An independent no evidence to support the assertion that sexual inspectorate of psychiatric hospitals has existed violence against persons with disabilities in for many years, under the provisions of the residential institutions is prevalent and urge any Mental Treatment Act 1945. The Inspector of agency with evidence to this effect to make such Mental Hospitals, Dr. Dermot Walsh, who is evidence available to the appropriate authorities. retiring this year, has for many years inspected our psychiatric hospitals and issued detailed Mr. Neville: I thank the Minister of State for reports on matters arising from his inspections, his reply and welcome the announcement that the including those pertaining to patients’ human commission to investigate this case has been set rights. up. We look forward to a speedy conclusion of This year, a new inspector of mental health that investigation and a report on it. Is the services, Dr. Teresa Carey, has taken office. Dr. Minister of State concerned at the statement of Carey, who is employed by the Mental Health the rape crisis network and, although he says he Commission, has a broad remit under the Mental has no knowledge of the fact, that such an Health Act 2001 to inspect all facilities where organisation should state that sexual violence mental health services are provided. Under against people with disabilities in residential section 55 of the Mental Health Act 2001 the institutions is prevalent? Research highlighted Minister may request the Mental Health the difficulty women with learning difficulties had Commission to cause the inspector to inquire into any matter in respect of which an inquiry is in gaining access to medical, psychological and appropriate. Yesterday, I invoked my powers legal help when sexually abused as there was a under the Act and formally requested the culture of disbelief. Will the Minister examine commission to inquire into the case referred to that issue because the rape crisis network and by the Deputy. CARI have expressed concern about it. Is he The Midland Health Board informs me that, to concerned at the statement that the greater the date, it has received no formal allegation of rape level of disability the greater the risk of sexual in this case. The board has indicated in writing to violence — in most cases this refers to rape? the Garda Sı´ocha´na that it will co-operate fully with any Garda investigation and will respect the Mr. T. O’Malley: Anybody would be concerned primary role of the gardaı´ in investigating and the Government would be especially so if allegations of a criminal nature. The board has there were substantiated allegations of sexual also taken steps to investigate the matters which violence against residents in any institution. If the fall within its control and to establish an Deputy or those organisations which have made independent review group to review the care this statements have evidence to substantiate these former patient received while in its care. In allegations I will investigate them. 219 Priority 27 January 2004. Questions 220

Mr. Neville: The Minister of State should be environmental tobacco smoke in the workplace concerned that such bodies as the rape crisis was published in January 2003. This report was network and CARI would publicly make such prepared by an independent scientific working statements about these places, rather than group. The conclusions of the expert group are looking for information on specific events which quite blunt on the risks to health from these organisations may not have permission to environmental tobacco smoke. Environmental reveal. In such circumstances many families tobacco smoke is a cause of cancer, heart disease would not reveal that information because of the and respiratory problems. Employees need to be difficulties it might create for the victims. There protected from exposure at work. Current is an onus on the Minister to investigate the ventilation technology is ineffective at removing statements of eminent bodies which suggest that the risk to health. Legislative measures are sexual violence is prevalent in such institutions. required to protect workers from the adverse effects of exposure. Mr. T. O’Malley: As I said in my reply, Dr. A draft of regulations to prohibit smoking in Dermot Walsh was an inspector for many years, the workplace was notified to the Commission in and we now have a new inspector, Dr. Teresa April 2003, and during the three-month standstill Carey. She regularly inspects all aspects of care period, which allows member states to voice in our institutions, as did Dr. Walsh for many opinions on the measure, no objections or years, I will bring to her attention the statements reservations were put forward. The Commission made by these bodies, and if there is any was notified of two amendments to the draft substance to the allegations, I will do my best to regulations in November 2003 to allow for ensure they are examined. exemptions for prisons and outdoor work areas and for psychiatric hospitals, nursing homes, Mr. Neville: It is clear that if this is happening, certain charitable institutions and sleeping it is without the knowledge of the institutions. If accommodation in hotels, guest houses and bed there is a problem, the institutions may not be and breakfast accommodation. As a result of fully aware of it. The inspector may call annually these amendments, it was necessary to change the to examine books and so on, but the concern is commencement date for the introduction of the that if something is happening without the ban. The standstill period for the amendments institutions knowing of it, it may not come to the notified will end on 4 February and 16 February attention of the inspector. 2004. Surveys carried out by the Office of Tobacco Mr. T. O’Malley: I do not want to delay the Control show widespread support for smoke-free House, but as the Deputy knows, allegations such workplaces, and the trade union movement is as those to which he refers are extremely difficult to prove. Allegations have been made in the past strongly in favour of the measure. which have not been substantiated. I have The owner, manager or person in charge of a responsibilities to the employees in the workplace is legally responsible for ensuring institutions as well as to patients, and I am aware compliance with health and safety requirements, of unsubstantiated allegations made against including the prohibition on smoking in the specific people in institutions. I am also aware, as workplace. As part of the process of monitoring is the Deputy, of certain cases where compliance with the smoke-free workplace unsubstantiated allegations were made against requirement, authorised officers from the health some employees. That causes major problems, boards and the Office of Tobacco Control will not only for the employees but for their families visit premises. I expect that the vast majority of and the health boards. One has to be extremely employers, employees and the public will respect careful in examining any of these allegations. the new measures which are primarily to protect people from exposure to toxic environmental Smoking Ban. tobacco smoke. I will make a decision on the new date for commencement of the smoke-free 139. Ms McManus asked the Minister for workplace regulations in the near future. Health and Children when he expects the draft regulations regarding smoking in the workplace Ms McManus: Is the Minister aware that he is to come into operation; if any comments have being criticised for creating a political and been submitted or objections raised by other EU administrative muddle that has now become a member states; the procedures that will be put in farce, that this is not my criticism but that of the place to monitor and ensure compliance with the media, and that he has shown himself to be regulations; the planned start-up date for remarkably inept in trying to achieve a goal implementation of the prohibition on smoking; supported by the Opposition and approximately and if he will make a statement on the matter. 60% of the population? Despite such [2105/04] considerable support — I cannot say the same for Mr. Martin: A report commissioned by the the support he receives from his backbenchers — Office of Tobacco Control and the Health and he has failed abysmally to deliver the ban he Safety Authority on the health effects of promised. Why can he not tell us when the ban 221 Other 27 January 2004. Questions 222 will become law? He has had to revoke the date to create legal exemptions as per the regulations. he set. I understand the ban was to be introduced Under the European transparency directive, they on 4 January. He has twice amended the statutory must be notified to Brussels. Even though the instrument, a sign of the muddling and bungling main regulations have been notified without any in an area for which he is responsible. objections or observations, and one might argue Regarding the implementation of the that there was no need to notify the exemptions, regulations, there remains an issue which he has we did so in order to be safe. The standstill period again failed to deal with. Who will monitor will end shortly. No objections, opinions or workplaces other than those where food and reservations have been articulated. Once the drink are sold? This is not within the Minister’s standstill period ends, we will be able to give a competence, as it is the responsibility of the definitive date. It is wise to wait until the Department of Enterprise, Trade and standstill period concludes, particularly relating Employment, but I would like him to answer the to 4 February, and that is one of the issues which question. It is clear these workplaces will not be is a factor in terms of the definitive date being monitored by environmental health officers, nor announced. by staff of the Health and Safety Authority, We sought legal advice on cross-authorisation, without new legislation, as I understand it. Does and the Office of Tobacco Control has powers the Minister propose to introduce — at some under the Public Health (Tobacco) Act to cross- stage — a ban on smoking in the workplace authorise. We are in discussions with the without the means and staff to implement it in a Department of Enterprise, Trade and large sector of working environments which do Employment and the Health and Safety not include pubs and bars in restaurants and Authority regarding the issues raised by the hotels? Deputy. Ms O. Mitchell: Is he going to wait for the Ms McManus: Is legislation needed? Ta´naiste to bring it in for him?

Mr. Martin: I reject the charges made by the Mr. Martin: No. There is a very explicit Deputy regarding the introduction of the ban. We provision in the Public Health (Tobacco) Act have had a very significant debate over the past which facilitates cross-authorisation. year which has resulted in a significant public consensus being built up. I and others engaged in Other Questions. that debate in order to convince people of the merits of this approach. The ban will be a major ———— milestone in public health legislation in this country. Contamination of Blood Products. Ms McManus: The Minister will have to 140. Ms O’Sullivan asked the Minister for convince The Irish Times of that. Health and Children his views on whether there will be an inquiry into the role of multinational Mr. Martin: I will take criticism on the chin. It drug companies in the contamination of blood does not worry me. I keep my eye on the big products; if it is the Government’s position that picture. no decision will be taken on this matter until the proposed committees of investigation Bill has Ms McManus: That is part of the problem. The been enacted; and if he will make a statement on Minister should listen a little more. the matter. [1901/04]

Ms O. Mitchell: He said he would have the Mr. Martin: As the House is aware, I appointed legislation on the ban ready. Mr. Paul Gardiner, senior counsel, to produce a situation report about the position in Ireland and An Leas-Cheann Comhairle: The Minister in the United States in respect of a possible without interruption. investigation into the actions of the multinational pharmaceutical companies whose products are Mr. Martin: I gave the Deputy latitude to make implicated in the HIV and hepatitis C infection her points without interruption. I am keeping my of persons with haemophilia. eye on the big picture, which is the introduction As part of his investigations, Mr. Gardiner of this measure. It is a very significant milestone liaised with solicitors acting for the Irish in terms of protection of public health and one Haemophilia Society. He travelled to the United which people want to see implemented. States and spoke to a number of relevant experts, When we debated these regulations, all the including the lead counsel in the HIV Members on the other side of the House haemophiliac litigation in the United States. Mr. implored me to grant exemptions for the areas I Gardiner also received legal advice from a major have mentioned, such as psychiatric nursing New York law firm on the matters relevant to homes. We took a cautious approach in deciding his investigations. 223 Other 27 January 2004. Questions 224

[Mr. Martin.] strategy promised for 2001 will be published. Mr. Gardiner furnished a report to me which [1549/04] consisted of a 60-page opinion and a number of appendices, one of which comprised over 50 Mr. Martin: The draft memorandum for pages of legal advice from the US lawyers. The Government for the national health information report drew attention to the fact that there is no strategy was circulated to Departments for guarantee that the US authorities would provide observations in December 2003. My Department judicial assistance to an Irish tribunal, either in is currently considering the observations received enforcing the discovery of documents or with a view to an early submission to the compelling the attendance of witnesses. I briefed Government of the national health information my Cabinet colleagues on the content of the strategy. report and I provided the Irish Haemophilia Society with a copy of it. Ms O. Mitchell: I am a bit concerned about this Notwithstanding the difficulties identified, it issue. The reason the question was tabled is that would be possible to mount a useful investigation the health information strategy is now three years which would access publicly available material overdue. Following the strategy, I presume some and seek the assistance of persons sort of a plan for its implementation must be 4 o’clock and bodies willing to co-operate with such investigation. The committees drawn up, yet there is neither strategy nor plan of investigation Bill may provide an appropriate in place. I welcome the fact that a considerable mechanism for this inquiry. Other legal avenues sum of money has been allocated this year for are also being explored in consultation with the investment in an information strategy for the Attorney General and the legal representatives of health service. As the Minister is aware, this has the Irish Haemophilia Society. been grossly lacking and it has resulted in very I intend to maintain contact with the Irish expensive mistakes being made in regard to the Haemophilia Society on this issue. absence of data. Has a decision been made on how to spend the Ms McManus: I thank the Minister for his money allocated for this year? Has it been made reply. Unfortunately, it bears a remarkable in the absence of an overall plan, given that this similarity to the answers to questions on the same is a once-off investment which will determine issue which I have been asking for some time. We how the system can be administered and the kind all understand the difficulties. At the end of the of information that will be available for making debate on the Lindsay tribunal report more than decisions in the future? It is vital to have a two years ago, the Minister stated that in his view coherent plan in place for the spending of the it was possible to carry out an investigation and money. Have tenders been sought for a contract? that he was consulting with the Attorney What is the brief? Where is it intended to spend General. Since then there does not appear to the money? Have outstanding issues regarding have been any progress in that regard. To be fair privacy, human rights and so on been resolved? to those who have suffered so much, it is How and when does he expect the money to be important that real progress is made and that spent? there is some firm commitment, even if it is for a limited investigation, that this will be carried out Mr. Martin: It is not three years. The health and a timeframe attached to it. strategy was concluded in November 2001, which We all understand that it may be difficult to amounts to a year. access the full information because people have a lot to hide. However, that should not deter the Ms O. Mitchell: It is now 2004. Minister. The longer this goes on, the more likely it is that it will simply fade and people will not Mr. Martin: If something ends at the end of one remember the importance of the issue. year and is moved to the first month of the next year, it becomes three years. Mr. Martin: I appreciate the Deputy’s concern. Widespread consultation was necessary with I said at the conclusion of my reply that other various Government Departments, hospitals and legal avenues are being explored. Other issues the health system generally. There were arose in the past year, to which I am not privy, significant issues in regard to the Data Protection which legal representatives brought to our Office such as the utilisation of the PPS number attention in regard to the HIV potential which still requires a resolution. That necessitated alternative route. This issue is still under a certain amount of work. The work is done on consideration. the strategy. We ringfenced significant additional funding for the implementation of the health National Health Information Strategy. information strategy, beginning in 2004. It is not 141. Mr. Crawford asked the Minister for once-off funding. Significant ongoing funding will Health and Children when the information health be required. 225 Other 27 January 2004. Questions 226

On the Deputy’s question, although it does not Health Authority and the health boards. It will affect the national health information strategy, also provide the legislative basis for other aspects tenders went out for a specific software package of the reform programme such as improved in terms of the collection of information on governance and accountability, planning and hospital activities. No decision has been taken on monitoring and evaluation. The establishment of accepting or spending the money. I can supply the the health information and quality authority on a Deputy with further information. legislative basis will also be provided for. It is also my intention that the new legislation will include Ms O. Mitchell: I would appreciate that. provision for a statutory framework for complaints procedures in the health services as Health Reform Programme. proposed in the health strategy. My intention is 142. Mr. Timmins asked the Minister for to have this legislation introduced by December Health and Children when the legislation 2004 so as to have the health services executive establishing the bodies responsible for in place in January 2005. implementing the health reform programme will The Government has also indicated its be published. [1539/04] intention in the legislative programme for the spring session to introduce a Health 164. Mr. Gormley asked the Minister for (Amendment) Bill to cope with the situation Health and Children the legislative programme which will arise following the local elections in required to implement his health reform and June 2004. Given the impending establishment of when we can expect to see this legislation; and if and formal transfer of functions to the health he will make a statement on the matter. service executive, the Government has [2024/04] considered whether it would be appropriate to 210. Mr. M. Higgins asked the Minister for proceed in the normal way with the appointment Health and Children the legislation planned of local representatives to the health boards after arising from the health reform programme and the local elections. I intend discussing the matter the status of the Bills listed in the legislative further with the Association of Health Boards at programme; and if he will make a statement on a meeting to be arranged in the near future. the matter. [1894/04] Following that meeting, I will make a public Mr. Martin: I propose to take Questions Nos. announcement on the Governments intentions in 142, 164 and 210 together. this regard. The health sector reform programme has implications for all organisations in the health Ms O. Mitchell: Can I ask about the Health sector in terms of structures, governance, (Amendment) Act which will do away with accountability, planning, monitoring and councillors and professionals from health boards? evaluation. Fundamental reform of the existing It causes me a great deal of concern that we are statutory provisions on the roles, organisation doing away with accountability in the service and structure and management of the health system not replacing it with any other form of will be required to give effect to the proposals accountability. The Minister said he would set up contained in the reform programme. user groups and so on under the new legislation. The Government’s legislation programme That is a long way off. I do not think user groups makes provision for the enactment of legislation will provide accountability. Who will run the to give statutory effect where required to health service between the time the professionals implement the proposals in the reform and councillors are taken away from the health programme. The first element of the programme boards and the health executive will be set up in is the preparation of an establishment order 2005? Who will be accountable and who will ask under the Health (Corporate Bodies) Act 1961, the difficult questions? as amended, establishing the interim health services executive on a statutory basis. The order Mr. Martin: The Bill will be an enabling is being finalised at present and I expect to be in measure to be given effect by the Minister in a position to sign it shortly. This will empower terms of dates and so on. There is a real issue the interim executive to carry out the set up tasks around the immediate aftermath of the local and preparations necessary to enable an orderly elections where one is looking at a six month transfer of functions to the health service window between this and the establishment of the executive when permanently established by new HSE. It is a time when members are appointed legislation in January 2005. to a whole range of different bodies. It will be necessary to introduce new legislation I have been on councils and there was a to provide the main legislative basis for the genuine issue to be met. When we met the implementation of the health sector reform Association of Health Boards in Ireland before programme. It will establish the new health Christmas, we said we would revert back to it in service executive to replace the Eastern Regional terms of alternative proposals to facilitate the 227 Other 27 January 2004. Questions 228

[Mr. Martin.] Although many Members of this House urged articulation by public representatives in a given for a long time that these reforms be made, I region of their views on the health service. I always predicted that, once they were announced, intend to meet the Association of Health Boards there would be 180Σ turns on the part of some, in Ireland shortly to discuss this issue further. who would say, “Do not do this and do not do it now.” Ms McManus: Given that the Minister is embarking on a major health programme such as Ms McManus: The Minister should not be silly. the one under discussion, does he not accept that his failure to sort out his own smoking ban does Mr. Martin: I am not. The bottom line is—— not really inspire confidence? Furthermore, does he not accept that confidence is further eroded Ms McManus: The Minister is being silly. by the fact that he is abolishing a very important Mr. Martin: I thought Deputy McManus was democratic input by local councillors into the being relatively silly in advance by asking what health service and its management without hope the health reform programme has—— having the faintest idea how he will ensure there is some democratic input in the future? Will he Ms McManus: Let us have a decent debate. not acknowledge that user groups, regardless of their benefits, have no mandate or authority to Mr. Martin: Suffice it to say that this is the most speak on behalf of others and that the only substantive health reform programme in over 30 people on health boards who have such a years. Many others have talked the talk but it mandate are those who are democratically seems, increasingly, that as the local elections elected? approach the only agenda in town concerns how Will the Minister publish the terms of reference we can create political advantage by raising for the interim Health Services Executive? How certain issues regarding the health reform will he ensure that the democratic deficit he is programme. now introducing at local level will not be introduced at national level in terms of (Interruptions). accountability to this House? Mr. Durkan: For the past 50 years—— Mr. Martin: First, there is an Oireachtas Mr. Sherlock: The Minister appointed a Committee on Health and Children, which is a consultant in Mallow—— very significant facility at national level in terms of accountability to the Legislature—— Mr. Gormley: I want the Minister to be quite specific. If we come into this House and question Ms McManus: What about the Minister him on the formation of the Health Services answering questions regarding the HSE? Executive, is there not a possibility that he or the Ceann Comhairle will say it is not a matter for the Mr. Martin: Yes. As we said, the CEO and Minister but for the Health Services Executive? board of the HSE will be accountable to the Minister for Health and Children, who will be Mr. Martin: That happens now. accountable to Da´il E´ ireann in respect of its duties. Mr. Gormley: Regarding services——

Ms McManus: We do not have that Mr. Martin: No. information. Mr. Gormley: Will we have less accountability? Mr. Martin: I said this already—— Mr. Martin: The organisational structure we Ms McManus: I know, but in terms of the now have for the delivery—— operation—— A Deputy: Like the National Roads Authority. An Leas-Cheann Comhairle: Time is running Ms McManus: That is right. out and a number of Deputies are offering. Mr. Martin: ——of services comprises the Mr. Martin: Likewise, the HSE will also be health board structure and a range of other—— brought before the Oireachtas Committee on Health and Children to account for itself and its Ms McManus: There is local accountability. stewardship. I envisage an enhanced role for this committee regarding accountability in terms of Mr. Martin: ——statutory bodies. When the new health structures. parliamentary questions are tabled — I read them 229 Leaders’ 27 January 2004. Questions 230

— they imply that we have written to the CEO St. Killian’s national school, Kingswood Heights, of the relevant health board and that the CEO Tallaght, Dublin 24; (3) Deputy Cowley — the has been asked to revert to the Deputy directly. case of a child (details supplied) who is unable to speak properly due to the failure to provide Mr. Durkan: That was never the way to speech and language therapy; (4) Deputy Boyle answer questions. — the need for the Minister to address the loss of public confidence in the planning system as Mr. Martin: With respect to Deputy Durkan, shown by the recent decision of An Bord he did it often enough himself—— Pleana´la regarding a national toxic waste incinerator whereby reasons for rejection of this An Leas-Cheann Comhairle: I call on Deputy project as recommended by a senior inspector of Crawford to put his question. the board, who presided over the longest continuous planning oral hearing in the history of Mr. Gormley: Let the Minister answer. the State, were completely ignored by the board, Mr. Martin: Could I make my point? which announced a decision based not on any sound planning grounds, because there are none, An Leas-Cheann Comhairle: Very briefly. but solely because incineration as a waste disposal method is stated Government policy and Mr. Martin: The Deputy has raised a legitimate because incinerators must be constructed on foot issue in terms of the dividing line. In the context of this policy and, furthermore, that the Minister of the new health Act, a decision should be made himself has helped bring about such in terms of the areas in which the Health Services circumstances in which decisions of this type are Executive would be competent to reply and the made in this way by engaging in political areas in which the Minister would be competent intimidation by threatening to undermine the to reply. Ideally, the Minister should be board by proposing a national infrastructure concerned with policy and strategic issues. The board; (5) Deputy Durkan — the reduction of the delivery of services is a matter for the executive social welfare entitlements of a person (details body. I have had many parliamentary questions supplied) in County Kildare; (6) Deputy O´ and I know why people tabled them — it is a Caola´in — the urgent need for measures to democracy — but many of them concern protect the health of the Irish public and to individual ailments, etc. Nearly all of them are safeguard the future of the Irish poultry industry referred to the CEO of the health board. from the threat of the avian flu virus. The matters raised by Deputies Pat Breen, Mr. Neville: We will not get replies. O’Connor, Cowley and Durkan have been selected for discussion. Mr. Martin: Maybe there is a need for the executives and those in the health boards to address how they liaise with public Leaders’ Questions. representatives to avoid unnecessary duplication Mr. Kenny: On 10 December, the Minister for in the House. The new legislation—— Justice, Equality and Law Reform said outside the House that he had incontrovertible evidence An Leas-Cheann Comhairle: That concludes that senior IRA personnel were involved in questions for today—— organised crime in funding Sinn Fe´in. On 16 December, the Taoiseach, in response to a Mr. Gormley: The Minister will be answering question from me in the House, said he fewer questions. considered Sinn Fe´in and the IRA to be two sides Mr. Martin: I doubt it. of the one coin. Last week, the Minister for Justice, Equality and Law Reform elaborated on Written Answers follow Adjournment Debate. his claim and said the wall between Sinn Fe´in and the IRA was like a Chinese wall indivisible and that money available to one organisation was Adjournment Debate Matters. available to another. An Ceann Comhairle: I wish to advise the Does the Taoiseach believe the Minister for House of the following matters in respect of Justice, Equality and Law Reform, given the which notice has been given under Standing gravity of the claims made by him and that he Order 21 and the name of the Member in each repeated specifically that he was speaking as case: (1) Deputy Pat Breen — the need to Minister for Justice, Equality and Law Reform intervene or appoint a mediator to settle the regarding the information and intelligence made dispute in Clare local employment services; (2) available to him? Has the Taoiseach called him Deputy O’Connor — the need for immediate in and examined the evidence available to him, action to be taken in respect of the problems at which leaves him in no doubt that funding is 231 Leaders’ 27 January 2004. Questions 232

[Mr. Kenny.] and Law Reform said what he said. Deputy being made available, through senior IRA Kenny asked me if I believe him and I do. personnel involved in organised crime, to the Sinn Fe´in Party? If so, what does he propose to Mr. Kenny: That is precisely what is wrong with do about it in his capacity as Taoiseach and as the Government. I did not ask the Taoiseach to head of the European Union? share the intelligence information made available to him or the Minister for Justice, Equality and The Taoiseach: I dealt with this matter just Law Reform with the House. The Taoiseach said before the Christmas break and the Minister for he does not have a role in the matter but, as Justice, Equality and Law Reform has made a Taoiseach, he has a role in ensuring that the number of statements both inside and outside the institutions and laws of the State are upheld in House on it. I believe he has also answered some the democracy in which we live. written questions today. He made the point that The Minister for Justice, Equality and Law the collection of evidence regarding any criminal Reform is no fool. He is a Minister of a sovereign matter is a matter for the Garda Sı´ocha´na. Government speaking outside the privilege of the Obviously, it should be left to the Garda and it is House as Minister and basing his remarks on a matter for it to decide what resources to use in information supplied to him by intelligence the pursuit of criminal matters, be it the Criminal sources. His statement was categorical and it is Assets Bureau or other parts of the force. astonishing that the Taoiseach, as Head of Deputy Kenny correctly stated that in the Government and President of the European House before Christmas I dealt with the Union, has not seen fit to uphold his remit based allegations about the funding of Sinn Fe´in. I do on the direct statement of the Minister for not want to comment further on those. I will Justice, Equality and Law Reform that organised repeat what I said then and have said when I have crime and senior IRA personnel are involved in been asked by journalists since: if some members funding Sinn Fe´in. If an allegation of such gravity of Sinn Fe´in want to make charges of corruption were made about Fianna Fa´il, Fine Gael, the against other parties, they should carefully Labour Party or the Green Party, there would be consider from where they are coming on the calls for public inquiries and for the forces of the issue. I have said that outside the House and I State to see that such matters were investigated, say it again here. exposed and dealt with by the law. I cannot share with the House the details I Fine Gael has no truck with illegal armies, receive in confidential briefings from the Minister punishment beatings or organised crime. The of Justice, Equality and Law Reform on security Minister for Justice, Equality and Law Reform matters and that has never been done. I have stated his case categorically and the population of made it clear, however, that I believe that Sinn the country and I expect the Taoiseach to act on Fe´in and the IRA are two sides of the same coin. our behalf to uphold the rule of law, the Deputy Kenny is correct that I have always said institutions of the State and the democracy in that. Where there are suggestions that the IRA which we all carry out our duty. or people with connections to it are involved in crime to benefit the IRA, it raises issues for Sinn The Taoiseach: I do not want Deputy Kenny to Fe´in, a point I have made several times. misquote or misinterpret me. I have stated that A central goal of the peace process has been to there are no direct criminal prosecutions and that secure the complete cessation of all involvement the investigation and prosecution of criminal in criminal activity by paramilitary groups. All activity are ongoing. I have already answered the Members of the House should continue to use question. The Minister for Justice, Equality and their influence in that regard. I have made that Law Reform has also said that there are point in all my meetings and we have passed investigations, but they are matters for the Garda legislation to establish the Independent Sı´ocha´na and the DPP. I am not saying that we Monitoring Commission which will now oversee are not concerned about these issues, I am saying this area. Everyone must co-operate with that that there are ongoing investigations in a number body because it has a vital role to play in moving of areas but no prosecutions and I have no role the situation forward. in those investigations or prosecutions. The investigation and prosecution of criminal Obviously, whether it is in Northern Ireland or activity is a matter for the Garda Sı´ocha´na and the Republic or Ireland, we will do all we can to the Director of Public Prosecutions and I do not pursue the ending of any activity of the nature have a role in that. While there has been no referred to, including punishment beatings. finding in court on this matter, that does not Deputy Kenny was right when he said there have mean investigations will not continue. I do not been a number of punishment beatings lately. withdraw the remarks I made in the House in These are all issues I will continue to address but, December but I have nothing new to say to while security briefings are given to me and I Deputy Kenny. The Minister for Justice, Equality exchange information on security briefings in my 233 Leaders’ 27 January 2004. Questions 234 discussions with the British Prime Minister, they It was a fair point that, until that change and are not matters I can put before the House. even though the exemption had been on the Statute Book since 1969, with an amendment in Mr. Rabbitte: Leaving aside killing and 1997, stallion owners were not required to submit maiming people, does the Taoiseach agree that accounts. They argued that they were not making the second greatest injustice in the past three huge profits but provided no evidence. That is a decades in this society has been the extent to fair point, but it has been corrected. The reason which the same people have been expected to pay for it is that we can see there is a significant for the running of the State while many of the amount of employment in this country due to the wealthier elements have engaged in tax evasion fact that the stallions are here. If there was no and underpayment to the extent that the incentive the stallions would be elsewhere and so Committee of Public Accounts heard from the would the employment related to the industry. I chairman of the Revenue Commissioners before do not know where Rock of Gibraltar would have Christmas that \922 million has been recouped ended up, whether in Ireland, Gibraltar, the as a result of investigations into non-payment of Middle East or somewhere else. That is another DIRT, Ansbacher, National Irish Bank and issue. I agree with Deputy Rabbitte in that I hope other areas? this issue is resolved. I do not want to see it affect In that context, will the Taoiseach examine the a club that has flown the tricolour over its conflict in Manchester United? People interested grounds for many decades and is, by connection, in soccer are fascinated to see the club apparently an Irish-supported club. I hope those matters are intent on destroying itself by causing the dismissal resolved, but I do not think they will be resolved of its most successful manager. This is not a around changes in section 231 of the Finance Act. dispute about football, transfers or dodgy dealing but about a horse and tax-exempt stallion fees. Mr. Rabbitte: I know the history and the What could put this into sharper focus than the country has changed a great deal since 1969. I controversy in the most famous football club in know that the Revenue Commissioners cannot the world that is prepared to tear itself apart over tell us how much tax has been foregone. I know the fees from a single stallion? that when the industry was prepared to pay a tax What must the income from the entire industry tailored to its particular requirements, the be worth? We do not know because the Minister Minister for Finance would not go along with it for Finance will not address this ongoing and that we dragged the commitment from him injustice. An additional 1,000 hospital beds could that in future they will have to make returns only be provided by spending \100 million. With what from 1 January this year. They will not have to the Taoiseach can see happening at Manchester pay tax. The stable lads will have to pay tax but United, will he ask the Minister for Finance to the owners will not. However, they will have to address this ongoing injustice once and for all in declare their earned incomes. That is a grave the Finance Bill that is due before the House injustice. I know the history of it. I also know that shortly? the Taoiseach pulled a great stroke for the owners when he allowed them to have tax exile The Taoiseach: I agree with Deputy Rabbitte status and spend more years here. While the that all taxes should be legally paid and, where Taoiseach worries about Rock of Gibraltar going there are exemptions, the case should be made abroad, it would only be following its owners. for them and their value to the economy. That is They have already gone abroad. They do not pay what happens with all remaining exemptions. The any tax here. exemption in this case has existed since 1969 and If stable lads are expected to pay tax, how is it has not changed much since. It was amended in that people who have tens if not hundreds of 1997 and a number of groups have analysed it in millions — the earnings of Rock of Gibraltar the period since then. alone are reckoned to be \5 million per annum There was an anomaly that those who owned — do not pay tax? How can it be justified that stallions were exempt from income tax on the the Taoiseach will not require the Minister for profits or gains arising but did not have to Finance to address this ongoing injustice in the produce accounts. That point was made in the tax code? I know the Taoiseach knows the parties House on a number of occasions. The Finance on both sides, including Sir Alex Ferguson. I Act 2003 made it a requirement that accounts think he togged out a few times for Manchester would have to be provided for all income earned United when he was at the London School of from stallions. The Minister for Finance stated Economics, but that is not the issue. The issue is that the Department of Finance or Revenue whether he is going to change the Finance Act. Commissioners would examine the information those accounts provided to see if change was Mr. Treacy: He certainly did not fail to get on necessary. the Ballindine Juniors team. 235 Leaders’ 27 January 2004. Questions 236

The Taoiseach: A few Members of the House the Taoiseach now admit that a huge waste of played at Manchester United’s ground last year, taxpayers’ money has ensued from his pushing if I recall correctly. Unfortunately I was not ahead in the bull-headed fashion he did, against privileged to be one of them. I would make a few all good advice for the most part, with the points in reply to Deputy Rabbitte. I am not too proposed project at Abbotstown? Will he put a sure whether the individuals involved in this case figure on how much taxpayers’ money has been would be beneficiaries to the extent that he wasted in that regard to date? Are there thinks. I may be out of date with my information, outstanding contracts with companies with regard but I am not too sure that the stud that is well- to that project and what have they cost so far? known is one of the beneficiaries in terms of our What is the Taoiseach’s current thinking on the tax law. Perhaps my information is out of date as future for the Abbotstown lands? regards the situation as it existed. The Taoiseach: The Minister for Arts, Sport Mr. Rabbitte: Will the Taoiseach say how we know this? How does he know? and Tourism, Deputy O’Donoghue, has already made a statement today. The new Lansdowne The Taoiseach: I was in the Department of stadium will be a 50,000 all-seat facility. A Finance a number of times when this issue was transparent roof covering the seats will be built discussed, as was the Deputy’s party. on the axis of the existing Lansdowne stadium. The development will commence as soon as Mr. Rabbitte: The Revenue Commissioners possible. If all goes according to schedule it will not tell—— should be completed by 2008. That is the period within which the Government would like to see The Taoiseach: No, they will not, but the it built. It will meet all the current international structure of the studs is well known in the standards for rugby and soccer. The pitch area Department of Finance. The bloodstock breeding will of a sufficient size to accommodate Gaelic industry in this country has grown substantially games. The standard of the facilities will be over the last number of years. It is a world- broadly equivalent to those at Croke Park. It will renowned industry. Whether it requires changes include corporate boxes and 8,000 premium seats. or not, it would be interesting now to see an The estimated cost of the project is about \250 analysis of the accounts. I agree with that, but million at current prices which is likely to the export of horses and sales and nominations to foreigners from this country is an enormous translate into actual outlays totalling just under \ business. The latest figures calculated for the 300 million as the project is realised over a entire industry showed that that aspect of its period of five years. Approved Government \ activity employed between 4,500 and 5,000 support is 167 million at current prices which is people. I am totally in favour of the analysis being expected to translate into cumulative outlays of done based on the accounts now being put \190 million over a five-year period. The major forward. However, I would not like to see an national governing bodies are involved in the amendment being brought in that removes the project, so hopefully they can get ahead as stallions from this country and the jobs, without quickly as possible, because this is vitally proper analysis. The analysis will take place. We important both for rugby and soccer international will wait and see whether section 231 of the matches in the future. Finance Act needs to be changed but I would As regards Abbotstown, both the company and prefer that an analysis should be done first based the site will remain in the hands of the Campus on the accounts. and Stadium Ireland Development Limited, which will continue to develop other sporting Mr. J. Higgins: Will the Taoiseach confirm that facilities on the site. The only facility built on the the Government has made a decision today to site is the aquatic centre which will continue to build a national stadium at Lansdowne Road and be a good amenity for the people, international will he clarify that decision? Has the Taoiseach swimmers and those from various parts of the been cured of the Ceaucescu syndrome which the country, but mainly the Deputy’s own Minister for Justice, Equality and Law Reform, Deputy McDowell, implied he suffered from, constituents. He did not want them to have that referring to his campaign to build a massive and development, but thankfully they will. Hopefully unviable complex at Abbotstown that would have they will have other sporting facilities as well in paralysed the whole of west Dublin on numerous spite of the Deputy. The issues of its further occasions throughout the year if it went ahead? development will have to be in line with private What will the net cost be to the taxpayer of this sector involvement on the site and whatever proposal? How much precisely will be grants they get from the Department of Arts, contributed by other associations or individuals Sport and Tourism. That is what the land will be — and who are they — and the taxpayer? Does used for. 237 Death of Former Member: 27 January 2004. Expressions of Sympathy 238

Mr. J. Higgins: I would like to take the sting miss Pat Joe who was known as a man always out of what the Taoiseach just threw in there. I devoted to his own. was an enthusiastic supporter of the water sports One could say the Reynolds family lived the project. As a member of Fingal County Council, political life of this nation from 1927 when Pat I was instrumental, with others, in ensuring it Joe’s late father, Paddy, was elected to the Sixth received every co-operation as a sensible facility Da´il where he and his contemporaries pursued for people. the arduous, post-Civil War journey towards The Taoiseach did not answer my question on constitutionalism, begun earlier by Griffith and how much money was needlessly spent on the Collins. A number of political families have done proposed Abbotstown project. Perhaps he will this State some service but, perhaps, none more reply in that regard. What budget has been set so than the Reynolds family who, between 1927 aside for Abbotstown? What is the nature of the and 2002, had 75 years of unbroken service to project on which the Taoiseach stated Campus the Oireachtas. Stadium Ireland will work? The Taoiseach was Pat Joe’s late father, Paddy, was elected to the prepared to find approximately \750 million to Da´il in 1927. Following his death in 1932, his wife, fund his proposal. Many of us made the point at Mary, took over his seat and held it for another that time that such funding would be better spent 29 years. Pat Joe, in turn, succeeded his mother on improving the inferior facilities of working in 1961. From then until 1987, Pat Joe class communities and on a sensibly proposed represented the people of Leitrim and stadium. Will the Taoiseach ensure that that is Roscommon with passion and courage, whether what will happen? As the Ta´naiste has allegedly in the Da´il or the Seanad. His son, Gerry, was won that argument, should we be fearful that her elected to the Da´il in 1987, holding his seat with proposal to throw elderly people into the cold will the characteristic Reynolds honour until 2002. now be pursued with greater vigour? Pat Joe Reynolds held a number of key posts in his long and distinguished political career. At Mr. Rabbitte: The Progressive Democrats will local level, he was the longest-serving member of have to be quiet for a while. Leitrim County Council, representing his community from 1942 to 1985. His son, Gerry, The Taoiseach: Deputy Higgins appears to still represents his people on the council. He was support the development, I thought he was saying chairman of the council from 1967 to 1979 and it was a waste of resources. There was no waste was noted for the diligence he applied to that of resources. Feasibility studies carried out in that office. At national level, Pat Joe served as regard will be useful for the further development Parliamentary Secretary, now known as Minister of the site for sporting requirements in the future. of State, to the then Ministers for Local The board will have to make its case for Government and Posts and Telegraphs. As ongoing developments. The national governing Cathaoirleach of the Seanad from 1983 to 1987, bodies and groups such as the community games, he addressed both Houses of the Oireachtas on international soccer groups, training ground the visit of President Reagan in 1984. He thanked managers and other facilities also have proposals the President for the work he had done for and which they wish the Department to pursue. All on behalf of Ireland, especially in promoting these proposals will have to be assessed in the peace on the island. future. While there were some facilities on the Some 20 years on, I know that Pat Joe was site, they were poor and a new scientific happy that peace had been achieved and that the laboratory was required. Therefore, I do not Border counties would benefit from its dividend. consider that to be a waste of resources. For those who never knew or met Pat Joe The Government will continue, as it has done Reynolds, he was a great man for a story and a in recent years, to invest money in youth and joke. He lived for and loved his community, never sporting facilities. I am sure the Deputy will forgetting his origins or his friends. He had a welcome and support such developments in his rootedness with his people who knew they could area. always rely on him to press their case at the highest levels. Pat Joe was a great humanitarian, a man with Death of Former Member: Expressions of a deeply seated social conscience which could be Sympathy. seen in his work for the Society of St. Vincent de Mr. Kenny: The passing of Pat Joe Reynolds Paul. He was also a man of deep and considerable on 27 December last was a source of much regret faith and I know his meeting with Pope John Paul within the Fine Gael family. Our sadness was left a lasting impression on him. nothing compared to the great loss felt by his wife It was as a family man, husband, father and Tess, their sons Gerry and Peter, their daughters grandfather that Pat Joe truly excelled, where he Ita and Regina, their spouses and their families. had most impact and, consequently, where he will His brother, Kevin, and sister, Mary, will also be most missed. I know that he watched closely 239 Death of Former Member: 27 January 2004. Expressions of Sympathy 240

[Mr. Kenny.] public life. Together with his family, he had been over the political career of his son, Gerry. I think a loyal member of Fine Gael and served his there will be general agreement that an constituents with integrity and commitment apprenticeship served under Pat Joe was time throughout his long career in public life. He was well spent. I know that Pat Joe instilled in his also a successful businessman who built up a family the Fine Gael ideal that he took from his thriving enterprise in difficult times. The late Pat father and mother. The democratic ideal that as Joe Reynolds not only inherited this tradition but politicians we are servants of the people, that we built upon it through his life’s work of service are in politics to do their work, to voice their and integrity. concerns and to make their lives better, is the I join with Deputy Kenny and Members of the ideal with which Fine Gael founded this State, House in extending our sympathy to his wife Tess the same ideal by which we pursue and live our and his four children — Gerry, our former Da´il political lives today. colleague, Ita, Regina and Peter — and extend Pat Joe Reynolds served his county and his the sympathies of Fianna Fa´il to his family. Ar country judiciously and honestly. For now, there dheis De´ go raibh a anam dı´lis. is little to be said except to wish Pat Joe, as he wished President Reagan here in this House, God Mr. Rabbitte: On behalf of the Labour Party, I speed. I visited Pat Joe in the nursing home in Ballinamore some months ago. He sat on a chair join Deputy Kenny and the Taoiseach in at the end of the bed and reflected upon the ups extending our sympathy to our former colleague, and downs of his political career. He said: “Times Gerry Reynolds and the Reynolds family on the were not easy when I started out and through all passing of Pat Joe Reynolds. I also join the the changes in the political sphere, I always tried Taoiseach in extending our sympathy to Deputy to do my best and to help those who came to me Kenny and Fine Gael. in any way that I could.” That is not a bad I met Pat Joe Reynolds on only two or three political philosophy for any public representative occasions but am aware of his dedication to serve at any time. his constituents according to his own likes over a In the next phase of his life, Pat Joe Reynolds period which is almost exceptional in a House in might find wisdom in the words of his fellow- which a number of families have served long countyman, John McGahern: periods. The Reynolds family served the House for three generations through the remarkable Anything that is given can at once be taken circumstances in which Pat Joe Reynolds’ mother away. We have to learn to expect anything and succeeded her husband in the House. It when it comes it’s no more than a gift on loan. represents a long period of dedicated public Ta´ re´ Pat Joe Reynolds thart. Rinne se´ a service. I reiterate the sympathies of the Labour dhı´cheall an t-am ar fad ar son a mhuintire fe´in Party to the Reynolds family and acknowledge agus do´ ibh siu´ d i gContae Liatroma agus Contae Pat Joe Reynolds’ contribution to public life. Ros Coma´in a bhı´ ag de´ilea´il leis. Ta´ su´ il agamsa, ar son a pha´irtı´ agus ar son Thithe an Oireachtais, Minister for Justice, Equality and Law Reform gur ar dheis la´imh De´ a bheidh se´ go sioraı´. (Mr. McDowell): On behalf of the Progressive Democrats, I echo the warm and sincere tributes The Taoiseach: On behalf of the Fianna Fa´il which have been paid to Pat Joe Reynolds. Party I extend my deepest sympathy to Deputy His 26 years of unstinting service to the State Kenny and the Fine Gael Party on the death of are a great achievement in themselves but when, Pat Joe Reynolds. As Deputy Kenny stated, Pat as other speakers have noted, we recall that three Joe made an enormous contribution to political generations of that family represented Leitrim in life locally, in the Seanad and in this House, one or other Houses of the Oireachtas between serving in all the positions outlined. I know he was particularly proud to have served as 1927 and the previous general election, we realise Parliamentary Secretary. the country owes the family a great debt of I remember Pat Joe well. He served as gratitude for its services to Ireland. It is unique Cathaoirleach of the Seanad from 1983 to 1987. I to have both of one’s parents serve as Members subscribe to everything Deputy Kenny said about of the Oireachtas, but that was the legacy into Pat Joe Reynolds. He was both a serious which Pat Joe Reynolds was born. politician and a good storyteller who was always His late father, Paddy, was elected in 1927 and, able to reflect on his long life in politics. He was following his death in 1932, in difficult a Member of the Houses of the Oireachtas for 26 circumstances Pat Joe’s mother, Mary, was years and was involved in politics from as far elected in his place. That great woman held the back as 1940 as an activist and member of Leitrim seat for 29 years and when she retired in 1961, County Council. As Deputy Kenny stated, the Pat Joe came to represent his party in that part late Pat Joe inherited a long and fine tradition in of the country. 241 Death of Former Member: 27 January 2004. Expressions of Sympathy 242

Throughout his political career, Pat Joe administration system in the days before the Reynolds was uncompromising on the issue of Internet, one-stop shops or information booklets. violence and terrorism, which was especially The most exciting period of Pat Joe’s political courageous and brave since he came from an area career must have been the 1973 general election close to the Border. He was also a fiercely which saw his return to Da´il E´ ireann to represent honourable politician who stood by his principles the people of Sligo-Leitrim. This was a key and was not simply principled but was decent to victory in the Fine Gael-Labour coalition to everyone he met. He was Cathaoirleach of unseat Fianna Fa´il after 16 years in power. Seanad E´ ireann from 1983 to 1987 and people Pat Joe served as Parliamentary Secretary to who observed politics from the outside, as I did the Ministers for Local Government and Posts at that time, knew that he chaired that House and Telegraphs of the Fine Gael-Labour coalition with great ease and humour. I re-echo the words Government. This was a key appointment by the of sympathy to his son Gerry, our former then Taoiseach, Liam Cosgrave, as Pat Joe had colleague who served this House so well, his wife, developed a great expertise in local government Tess, his daughters, Regina and Ita, and his son, from decades as a member of Leitrim County Peter. Ar dheis De´ go raibh a anam uasal. Council. Liam Cosgrave’s faith was rewarded with great loyalty by Pat Joe who fearlessly Mr. Sargent: Thar ceann an Comhaontas defended Fine Gael’s opposition to violence Ghlas, the Green Party, ba mhaith liom co´ -bhro´ n throughout the Troubles in a Border county. a dhe´anamh le muintir Reynolds, in particular Pat Joe’s finest hour was probably his election Gerry Reynolds whom many of us know well and as Cathaoirleach of Seanad E´ ireann in 1983. This who was an honourable inheritor of his late gave him membership of the Council of State, father’s seat. one of the most prestigious constitutional bodies. It is daunting to contemplate the sense of loss This was fitting for one who had such respect for the Reynolds family is experiencing. I hope they the institutions of State. It is equally important to will feel touched by people’s stated appreciation note that he was elected by party colleagues as a of the family’s honourable legacy in serving the nominee for Cathaoirleach rather than by the people of Leitrim and the north-west. party leader as is usually the case. Pat Joe served for a long period on Leitrim In the folklore of the county, Pat Joe will be County Council from 1942 to 1985 at a time when best remembered as the first Leitrim man to be local authorities had perhaps more influence than honoured with a State car during his time as they do today. There is no doubt that Pat Joe has Cathaoirleach of the Seanad and for taken with him to the grave an enormous legacy 5 o’clock his robust performance as a platform which his family will keep alive. Ar dheis De´ go speaker during election rallies. Pat raibh a anam uasal. Joe’s contribution to business life in his native county must not be forgotten either as he developed an extensive business in Leitrim. Pat CaoimhghınO´ Caolain: I wish to be associated ´ ´ Joe was an outstanding public servant. Ar dheis with the vote of sympathy to the Reynolds family De´ go raibh a anam. on the death of former Deputy Pat Joe Reynolds and extend our sympathy to his wife, sons and Mr. Ellis: I also wish to be associated with the daughters and, among his sons, former Deputy vote of sympathy to the Reynolds family on the Gerry Reynolds, with whom I served. I also death of Pat Joe Reynolds. Pat Joe Reynolds has extend sympathy to Deputy Kenny and his been part of my political life from the first day I colleagues on the loss of someone who had entered politics as we lived close to one another undoubtedly recorded a significant contribution and represented the same area on Leitrim County to public service. Ar dheis De´ go raibh a anam. Council. I always found that, while we disagreed politically, we never had animosity towards one Mr. Perry: It is my honour to pay tribute to the another on a personal level. While he was very late Pat Joe Reynolds. I extend my sympathy to much an adversary of the Fianna Fa´il his wife, Tess, son, Peter, daughters, Regina and organisation in Leitrim, we very much Ita, in particular my former constituency appreciated that the late Pat Joe Reynolds colleague, Gerard, and extended family. engaged in fair politics. I express to his wife Tess, sons, Peter and Since the foundation of the State, the Reynolds Gerard, daughters, Ita and Regina, brother, family has made an enormous contribution to the Kevin, and sister, Mary, my deepest sympathy on people of Sligo and Leitrim, the Fine Gael Party their great loss. Pat Joe Reynolds was an and the Oireachtas. While Pat Joe’s retirement institution in Leitrim and in Fine Gael politics. from political life preceded my entry into public Fine Gael has lost a true stalwart. life by a decade, I had always regarded him as hard working, kind and straight talking man. Mr. Naughten: I only knew Pat Joe Reynolds Among his own people, Pat Joe was regarded in later life but our two families have been closely as a fountain of knowledge on the public connected over many years both on a political 243 Requests to move Adjournment of 27 January 2004. Da´il under Standing Order 31 244

[Mr. Naughten.] following matter of urgent national concern, and personal level. Pat Joe had a long, namely, the proposal to abolish all health boards distinguished career in politics. His was first with effect from June 2004 in contravention of elected to the House to represent Roscommon- the originally agreed date of 1 January 2005, thus Leitrim in 1961, served two further terms removing the contribution of locally elected representing the people of both counties and, public representatives and the representatives of subsequently, was elected to the Seanad, where health professionals, together with all elements of he ultimately served as Cathaoirleach. The Reynolds family has a strong connection with local democracy, from the health administration democratic politics and it is remarkable that he system and breaching the essential conduit and his family gave more than 75 years of between the public and health service providers unbroken public service in both Houses of the six months in advance of the original appointed Oireachtas, much of this during turbulent times date. in the history of the State, as outlined by previous contributors. He gave tremendous service to his Mr. Boyle: I seek the adjournment of the Da´il constituents and he will be a loss to the people of under Standing Order 31 to discuss the following Leitrim and, more especially, to his devoted matter of urgent national importance, namely, family. that the Minister for the Environment, Heritage On behalf of my family and the Fine Gael and Local Government should address the loss of organisation in County Roscommon, I express my public confidence in the planning system, as sympathy to his wife Tess, his two sons, Gerry shown by the recent decision of An Bord and Peter, and his daughters, Ita and Regina. Ar Pleana´la on a national toxic waste incinerator dheis De´ go raibh a anam dı´lis. whereby reasons for rejection of this project as recommended by a senior inspector of the board, Dr. Devins: I join the House in extending my who presided over the longest continuous sympathy to the Reynolds family. The Devins and planning oral hearing in the history of the State, Reynolds families have a long history. We were were completely ignored by the board solely on opposite sides of the political divide many because incineration as a waste disposal method times but we were close. On behalf of the Fianna is stated Government policy and incinerators Fa´il organisation in County Sligo, I extend my must be constructed on foot of this policy, and deepest sympathy to his wife Tess and his sons that further the Minister has helped bring about and daughters. such a situation where decisions of this type are made by the proposed national infrastructure Ms Harkin: On behalf of the Independents and board. as a Deputy for the Sligo-Leitrim constituency, I would like to be associated with all the tributes Mr. J. Breen: I seek the adjournment of the that have been paid to the late Pat Joe Reynolds. Da´il under Standing Order 31 to discuss the He represented Counties Sligo, Leitrim and following matter of urgent national importance, Roscommon in the House. I did not know him namely, the horrific and vicious assault of a man but since his death I have read a great deal in and the gang rape of a woman in the early hours local newspapers about his life and service to the of the morning in Cratloe woods, County Clare, people of Sligo, Leitrim and Roscommon. His last weekend. I ask the Minister for Justice, family can look with pride on his achievements Equality and Law Reform to take into and contribution. We can all recognise that his consideration the rape in County Clare, the rape was a life well lived. I contacted a colleague who of a 13 year old girl in Cork city last weekend and knew him well and he described him as straight, the three year suspended sentence handed down honest, hard working and “as decent a man as to a 17 year old who had confessed to raping a 50 ever came out of Leitrim”. I extend my sympathy year old man and to comment on sentencing for to his family and friends. crimes of this nature and whether a system should Members rose. be put in place whereby the punishment fits the crime and is a deterrent to sex offenders.

Requests to move Adjournment of Da´il under Mr. Gogarty: I seek the adjournment of the Standing Order 31. Da´il under Standing Order 31 to discuss the An Ceann Comhairle: Before coming to the following matter of urgent national importance, Order of Business I propose to deal with a namely, the shocking lack of enforcement by local number of notices under Standing Order 31 and authorities in regard to planning breaches; the I will call Members in the order in which they cause of this lack of enforcement; the excessive submitted their notices to my office. powers and lack of accountability enjoyed by county managers; and the combined effect of Mr. Connolly: I seek the adjournment of the these two major problems, which perpetuate, Da´il under Standing Order 31 to discuss the among other things, the ongoing risk of 245 Order of 27 January 2004. Business 246 corruption among officials and public An Ceann Comhairle: Having considered the representatives and a lack of faith among the matters raised, they are not in order under public in the planning process and politicians in Standing Order 31. general. Order of Business. Mr. Broughan: I seek the adjournment of the Da´il under Standing Order 31 to discuss the The Taoiseach: It is proposed to take No. 13, following specific and important matter of public motion re statement of expenditure for the interest requiring urgent attention, namely, the Houses of the Oireachtas; No. 14, ministerial rota failure of the Government to honour the for parliamentary questions; and No. 5, Civil commitment made to workers in An Post to Registration Bill 2003 — Order for Second Stage establish an employee share ownership trust in and Second Stage. It is proposed, notwithstanding return for new work practices agreed and anything in Standing Orders, that Nos. 13 and 14 implemented by the workers in the should be decided without debate. Private transformation agreement and the urgent need Members’ Business shall be No. 35, motion re for the enactment of the Postal (Miscellaneous economic plight of Irish emigrants. Provisions) Bill 2001. An Ceann Comhairle: There is one proposal to Mr. Cuffe: I seek the adjournment of the Da´il be put to the House. Is the proposal for taking under Standing Order 31 to discuss the following Nos. 13 and 14, motions re statement of matter of urgent national importance, namely, expenditure for the Houses of the Oireachtas and the need for a review of heritage policy given the ministerial rota for parliamentary questions, refusal of the Minister for the Environment, without debate agreed? Heritage and Local Government to take planning Mr. Kenny: We should have a debate on No. appeals on heritage issues, as recommended by 13. On far too many occasions we hear it said in his officials, and his lack of interest in protecting the media that this House does its business in the historic remains of Carrickmines Castle, respect of its own work in some secret fashion. which could easily have been achieved by altering We should be open and above board about what the relevant road design. the House does and the expenditure connected with doing that work. In the interest of everybody Mr. Eamon Ryan: I seek the adjournment of we should have a debate of some description on the Da´il under Standing Order 31 to discuss the this matter so that we do not see the false following matter of urgent national importance, portrayal of expenditure being passed in secret by namely, to allow the Minister for the the House in respect of its work. Environment, Heritage and Local Government to explain how his Department expects to restrict Mr. Rabbitte: I, too, would like to have seen a the dramatic growth in CO2 emissions from the debate on this measure and the Labour Party transport sector given the Government’s massive Whip, Deputy Stagg, represented that view at the investment in the national and local roads Whips’ meeting. The placing of the business of programme and its refusal to finance alternative the administration of the Oireachtas in the hands public transport projects. of the Oireachtas for the first time is, potentially, an important reform. If the Taoiseach is not ´ Aengus O Snodaigh: I seek the adjournment of minded to acknowledge that there ought to be a the Da´il under Standing Order 31 to discuss the debate now, as soon as the commission is following matter of urgent national importance, functioning and has some proposals to bring to namely, in light of historic and recent patterns of the House, it is important that we have an early Garda misconduct and abuse and the debate on it. demonstrated failure of the internal complaints I did not notice it at the time, although I am investigation mechanisms, including the Garda sure all Fianna Fa´il backbenchers did, but I am Complaints Board, the need to introduce, as a now aware that a statutory instrument has been matter of urgency, a fully independent Garda passed by the House capping the staffing to ombudsman whose powers of investigation would political parties. The last time I spoke to the be retrospective and whose remit would be Minister for Finance, he promised us all a geisha distinct from that of an independent civilian girl. He said he did not care if we employed a oversight body and local community geisha girl and implied that he was making accountability mechanisms, both of which are provision for us to do so. also needed to establish a fully transparent and accountable police force in this jurisdiction, and Mr. O’Donoghue: That was very generous of to re-establish public confidence in the Garda. him. 247 Order of 27 January 2004. Business 248

Mr. Rabbitte: The Minister with responsibility was established on 1 January. I propose that the for recreation certainly has time on his hands. House has a debate during this session when the However, if the statutory instrument has been commission has been in operation for some time. passed, it is difficult to deal with the requirements We should allow the commission to get up and of the parties in an innovative way. This is running and we can then have a debate on a date especially true of the Opposition parties who to be agreed. have a definite requirement for research and back-up. I hope the Taoiseach will be able to say Question, “That the proposal for dealing with that we will have an early debate on the Nos. 13 and 14 be agreed”, put and declared functioning of the commission and so forth. carried.

Mr. Sargent: The requests for a debate are Mr. Kenny: Six of the Bills on the legislative supported by the Green Party-Comhaontas Glas, programme for the spring session of 2004 were especially as it galls us not even to be represented published on the previous A list. Do the on the commission. The commission includes Taoiseach and the Chief Whip have a clearer members of Fianna Fa´il, Fine Gael, Labour and strategy for dealing with the proposals in this nine the Progressive Democrats but there is no or ten week session? Are we likely to be able to representative from the Technical Group. That in complete the programme as outlined? itself indicates a need for a debate, which would Does the Taoiseach agree that we should have be the only opportunity members of my party, of a debate with questions and answers on the Nally other smaller parties and Independent Members report which deals with the aftermath of the would have to contribute their views on this Omagh bomb? This report was given to the matter. A more inclusive decision-making and Minster for Justice, Equality and Law Reform at accountability process is required. the end of the summer and was the subject of Deputies from smaller parties must work brief statements in the House before Christmas. without desks of their own and without the There should be a more expansive debate at an facilities which are taken for granted in larger appropriate time which would be within certain parties. They use desks that are intended for constraints and would include a question and interns. It is important that there be a debate and answer session. Does the Taoiseach agree that that there be changes to make this a more such a debate should be part of the programme inclusive decision-making process. in the coming weeks?

Caoimhghı´nO´ Caola´in: It is a bad start to the The Taoiseach: The legislative programme business of the Houses of the Oireachtas includes the Bills with which Departments and Commission that it is proposed to proceed with a Ministers hope to deal during this session. The proposal relating to it without debating it. I join programme usually changes during a session. my colleagues in highlighting a number of Sometimes Bills that are on the list are not ready, deficiencies in this matter. These relate not only for different reasons, while other Bills come to the proposition and the breakdown of the forward which were not expected. Subject to such financial allocation for 2004, as circularised to us. changes, it is intended that the legislation listed Deputies wish to ask questions as well as offer will be brought forward during this session. opinions about the business of the commission We had short statements on the Nally report and other aspects that it will, I hope, address in before Christmas and we said we would examine the course of the coming months. the matter again. I will discuss the matter with Like Deputy Sargent, I emphasise that Sinn the Minister for Justice, Equality and Law Fe´in does not have access to the commission. This Reform and ask if it can be debated again. is something I have recorded previously. The same applies to the Socialist Party and to the Mr. Rabbitte: This is my first opportunity to Independent Deputies. A significant number of offer sympathy to the Taoiseach on his defeat Members of the House have no direct input into today by the Progressive Democrats. the work of the commission and no provision was made for them. It is imperative that a proper An Ceann Comhairle: That is not appropriate debate is facilitated. The opportunity for on the Order of Business. Members, not only to offer opinion but also to seek information, would be appreciated. Mr. Rabbitte: It is because I want to ask about the legislation. Has the campus and stadium The Taoiseach: We had a full and good debate Ireland Bill been withdrawn or will the on the establishment of the commission when the Progressive Democrats rub salt in the wounds by legislation was passed by the House. As Deputies building a prison out there? Having had to Kenny and Rabbitte and others have said, there oppose the Taoiseach on his original project, I has been a change in structure. The commission will make common cause with him on the matter 249 Order of 27 January 2004. Business 250 of the Progressive Democrats trying to build a year. It reappears now on the A list. When will prison out there and—— we see this Bill?

An Ceann Comhairle: Have you a question on The Taoiseach: It is indicated for this session. the legislation, Deputy Rabbitte? Caoimhghı´nO´ Caola´in: Is it proposed to Mr. Rabbitte: Given the record on zero introduce legislation to provide for tolerance of the Minister with responsibility for representation for citizens in the Six Counties recreation, I know we need a prison but—— through their elected Members of Parliament? If it is not—— An Ceann Comhairle: Deputy Rabbitte, please allow the Taoiseach to answer your question. An Ceann Comhairle: That is one question. Do The Taoiseach: I am delighted to answer you have another question? We cannot have a Deputy Rabbitte’s question. speech on every question that is asked.

Mr. O’Donoghue: I won’t be tempted. Caoimhghı´nO´ Caola´in: With all respect and with great disappointment I will just cease my The Taoiseach: The legislation will be brought participation at this point because you would not forward. We will reconstitute the campus and allow me proceed. I had three points to make. It stadium Ireland development for the role it will is your penchant, with respect to you Sir, to now play and these proposals will be brought interrupt this Deputy and I am recording my forward. objection to it.

Mr. Sargent: Given that the pink pages contain An Ceann Comhairle: As this is the first day of 25 Bills to be taken in nine weeks there will be a this session, I will read out what Standing Order rush to get them through. Will unfortunate Bills 26 allows. The full list of matters that can be such as the charities regulation Bill, which relates raised is: “questions from any member about back to the Costello committee report of 1980, be business on the Order Paper; about the taking of dropped once again or continue to slip? Is there business which has been promised, including any commitment on that Bill given that it is still legislation promised either within or outside the not on the pink pages and looks destined to Da´il; about the making of secondary legislation; always be the also-ran? about arrangements for sittings; and as to when The Taoiseach: The heads of the Bill are Bills or other documents on the Order Paper expected shortly. We will have to wait until that needed in the House will be circulated: Provided to see when the full draft will be done. It is that, the Taoiseach may defer replying to a certainly hoped that in the first quarter of the question relating to the making of secondary year we can get agreement on the heads of the legislation to another day.” Other matters are legislation. outside the Order of Business.

Mr. Sargent: It is falling at the first fence. Caoimhghı´nO´ Caola´in: All of my questions would have been within that definition and would Mr. Naughten: Given that the Taoiseach gave all have been not only asked but also answered the Minister for Transport a thick ear and sent by now. However, you chose otherwise. him to talk to the bus unions, when will we see the transport reform Bill that will provide for bus The Taoiseach: On the question raised, I do not competition? The Minister announced it seven believe there is legislation. However, I am due to months ago. It will now take him another three give a reply to a parliamentary question on that days to figure out his plans on it. matter in the next day or two.

Mr. Rabbitte: There is a long press release Mr. Gilmore: The strategic national about it. infrastructure Bill was promised by the Taoiseach The Taoiseach: The heads are expected shortly. at the Fianna Fa´il Ard-Fheis to fast-track the The legislation should be out this year. provision of infrastructure. From the list circulated, I see it is still on the slow lane in Mr. Naughten: Is that the Minister’s head or section C. the heads of the Bill? Mr. Naughten: It has been de-railed. Mr. Howlin: In the last session the Ta´naiste indicated that the work permits Bill was getting Mr. Gilmore: Has the urgency gone out of fast- less priority. It was to have been published last tracking the Bill? 251 Order of 27 January 2004. Business 252

The Taoiseach: The legislation is being drafted An Ceann Comhairle: Can you state the at present. While I am not sure when the legislation? publication date is, it is a priority Bill. Mr. Rabbitte: The Shannon drainage Bill. Mr. Cuffe: I have a question about the status of Bills. Regarding heritage, I take a keen interest Mr. Morgan: People still await this legislation in the published programme for the forthcoming and hope that under the current Taoiseach it session. I have been watching the progress of might be brought forward. I refer to the ground particular heritage legislation that in October rent Bill that affects a considerable number of 2002 was promised for early 2003 and in January people in the State and affects a number of 2003 was promised for late 2003. By May 2003 it State buildings. was still promised for late 2003 so my hopes were raised, but by September 2003 I was promised a The Taoiseach: I do not have the date. heritage Bill in early 2004. It is now early 2004 and the national monuments Bill is being Mr. Morgan: The Taoiseach is like the rest of promised for mid-2004. them.

An Ceann Comhairle: You have made your Mr. Costello: Some 25 new Bills are to be point Deputy. You will have to find another way published in the spring collection. Apparently the to raise the question. Minister for Justice, Equality and Law Reform has come up with a 26th, which is not included. Mr. Cuffe: It has been more or less six months As usual the Minister introduces a new Bill very away for the past two and a half years. Can we quickly and wants it guillotined. The Immigration believe anything about the status of Bills given Bill 2004 is on the Order Paper for discussion the fictitious nature of the promised dates in this next Thursday with all Stages to conclude by 3.30 example? p.m. The Bill arises from the fact that provisions of the Immigration Act 1999 were declared Ms B. Moynihan-Cronin: The disability Bill unconstitutional. was to have been published in January. Can the Taoiseach give an exact date as to when this will An Ceann Comhairle: Do you have a question be published? Are the heads of the Bill being Deputy? What you might say on Second Stage is discussed with various disability groups at the not appropriate on the Order of Business. moment? If so why are they not being made available to Opposition spokespersons? Mr. Costello: When will we get a copy of this The Taoiseach: I have been requested many legislation that will have all Stages guillotined on times by people within the House and outside to Thursday even though it is not on the list of Bills have ongoing discussion with the organisations, expected in this session. particularly the Disability Legislative Consultation Group, the combined group, and The Taoiseach: I understand the Bill will be that has been ongoing. There were meetings. It is circulated in the morning. not a question that they were given the legislation, but there were discussions about the Ms Burton: Does the Government propose to issues involved and the heads. They required make time available to debate the Flood report, further time to come back with their comments. particularly the section dealing with the making As soon as that happens, the Bill should be ready. and receipt of corrupt payments? The Government is ready to finally bring the Bill to Cabinet. As we did with the Education for The Taoiseach: I understand there is no Persons with Disabilities Bill, we promised we problem with that. would engage in discussion with the group, which needs some time to come back to us. Ms Burton: So we will have a debate on the report. Ms B. Moynihan-Cronin: How long will this be — two weeks, three weeks? Aengus O´ Snodaigh: Given the debacle in the prisons system at the moment due to the The Taoiseach: I believe they only requested a Minister’s lack of accountability, when will we see week or two. the Prison Service Bill or at least the heads of the Bill? I received a copy of the White Paper on Mr. Morgan: I wish to ask about legislation that regulating better—— many people have been expecting going back to Eamon de Valera’s time and under every An Ceann Comhairle: It is not appropriate to Taoiseach since then. make a preamble 253 Statement of Expenditure for 27 January 2004. Houses of the Oireachtas: Motion 254

Aengus O´ Snodaigh: ——which states that legislative change was made a number of years heads of Bills would be circulated. When can we ago which was meant to deal with this issue. see them for this Bill? Criminal Justice (Joint Investigation Teams) Bill The Taoiseach: I do not have a date for the 2003 [Seanad]: Second Stage (Resumed). Bill. Work is in progress on the heads on the Bill to provide a statutory basis for an independent An Ceann Comhairle: A division was Prison Service and related matters. challenged last Thursday on the question that the Criminal Justice (Joint Investigation Teams) Bill Ms McManus: Will the medical practitioners 2003 be read a Second Time. In accordance with Bill be passed during this year? The medical an order of the Da´il of that day, that division practitioners have been informed that this will must be taken now. not take place until 2005. It is important that we see this implemented in light of the Neary Question put: “That the Bill be now read a case—— Second Time.”

An Ceann Comhairle: It is not necessary to Deputies: Vo´ ta´il. make a preamble. An Ceann Comhairle: Will the Deputies Ms McManus: —— and the large extent of claiming a division please rise? medical negligence. Deputies O´ Caola´in, O´ Snodaigh, Morgan, The Taoiseach: Publication is due in 2004 but I Ferris and Joe Higgins rose. am not sure of the exact date. An Ceann Comhairle: As fewer than ten Ms Lynch: Has the adoption information Bill Members have risen, I declare the question been removed from the list? I am aware it was carried. In accordance with Standing Order 68, withdrawn for consultation with the various the names of the Deputies dissenting will be interest groups. What is the current position recorded in the Journal of the Proceedings of regarding the Bill? I do not see it on the list. the Da´il. Question declared carried. The Taoiseach: As the Deputy stated, a consultation process is currently in train. The Department is in the process of amalgamating the Criminal Justice (Joint Investigation Teams) Bill Bill with the general adoption Bill and the 2003 [Seanad]: Referral to Select Committee. Minister of State, Deputy Brian Lenihan, will Minister of State at the Department of Justice, then bring forward a new Bill. Equality and Law Reform (Mr. B. Lenihan): I move: Ms Lynch: When is that process expected to That the Bill be referred to the Select be finalised and when will the heads of the Bill Committee on Justice, Equality, Defence and become available? Women’s Rights, in accordance with Standing Order 120(1) of the Orders of Reference of The Taoiseach: The heads of the Bill should be that committee. brought to Government during this session. Question put and agreed to. Mr. J. Breen: Will the Government introduce legislation to control the price of property, with Statement of Expenditure for Houses of the particular reference to private treaty sales? Will Oireachtas: Motion. it consider the system that operates in Australia under which every bid is recorded? Rogue Minister of State at the Department of Health auctioneers can inflate the price of houses and I and Children (Mr. B. Lenihan): I move: ask that legislation be introduced to control That Da´il E´ ireann take note of the private treaty sales. I wish the Taoiseach success Statement of Estimates of moneys required in and good luck during his six months as President respect of ongoing expenditure for the period of the EU. beginning on 1 January 2004 and ending on 31 December 2004, prepared and published by the The Taoiseach: I am not sure whether there is Houses of the Oireachtas Commission in new legislation in this area. However, I will bring accordance with section 13 of the Houses of the the issue to the attention of the Minister. A Oireachtas Commission Act 2003, which was 255 Private Notice Questions 27 January 2004. Infectious Diseases 256

[Mr. B. Lenihan.] Caoimhghı´nO´ Caola´in asked the Minister for laid before both Houses of the Oireachtas on Agriculture and Food if he will undertake urgent 21 January 2004. measures to protect the health of the Irish public and safeguard the future of the Irish poultry Question put and agreed to. industry from the threat of the avian flu virus. Minister of State at the Department of Ministerial Rota for Parliamentary Questions: Agriculture and Food (Mr. Treacy): Avian Motion. influenza is an infectious disease of birds. Minister of State at the Department of the Migratory waterfowl, most notably wild duck, are Taoiseach (Ms Hanafin): I move: the natural reservoir of avian influenza viruses and these birds are also most resistant to That, notwithstanding anything in the infection. Domestic poultry, including chickens resolution of the Da´il of 6 June 2002 setting out and turkeys, are particularly susceptible to the rota in which questions to members of the epidemics of rapidly fatal influenza. Outbreaks of Government are to be asked, questions for oral highly pathogenic H5N1 avian influenza have answer, following those next set down to the been confirmed in poultry in south-east Asia and Minister for Community, Rural and Gaeltacht the only country approved for export of poultry Affairs, shall be set down to Ministers in the meat and poultry meat products to the EU in this following temporary sequence: region is Thailand. Minister for Defence Avian influenza viruses rarely affect humans Minister for Enterprise, Trade and and do not normally infect species other than Employment birds. The virus has on occasion, however, been isolated in humans, and in Vietnam the H5N1 Minister for Social and Family Affairs virus has been isolated from a small number of Minister for Foreign Affairs patients who have died. There is, however, no evidence that the virus can be transmitted from Minister for Finance poultry to humans other than by direct contact Minister for Agriculture and Food with infected birds. The risk from poultry meat to humans is negligible as the virus is destroyed whereupon the sequence established by the during meat maturation, by cooking and by resolution of 6 June 2002 shall continue with questions to the Minister for Education and stomach acids. Science. Within the EU, the response to the outbreak in Thailand is being co-ordinated and operated by the EU Commission. In line with its Question put and agreed to. responsibility, the Commission has taken a safeguard decision, No. 2004/84/EC, which Private Notice Questions. prohibits the import of fresh meat of poultry, ratites, wild and farmed feathered game; meat ———— preparations and meat products consisting of or containing meat of these species; raw material for Infectious Diseases. pet food production; and eggs for human An Ceann Comhairle: I will call on the consumption. The decision does not apply to Deputies who tabled questions to the Minister for meat obtained from birds slaughtered before 1 Agriculture and Food in the order in which they January 2004 and poultry meat products that submitted their questions to my office. have been heat-treated. The provisions of the Commission decisions Dr. Upton asked the Minister for Agriculture apply to all EU member states. We have and Food the steps being taken to protect the announced a ban on the direct import into Irish poultry flock from the threat of avian flu; Ireland of poultry meat and products, in line with the steps being taken to ensure the withdrawal of the EU Commission decision, with effect from 24 products from the shops following the recent EU January 2004. This is being implemented by the ban on the importation of chicken from Thailand; veterinary inspection services of the Department and if he will make a statement on the matter. at the border inspection posts, in Dublin Port and Shannon Airport. Since 1 January 2004, there Mr. Timmins asked the Minister for have been three imports of Thai poultry meat Agriculture and Food if Thai chicken produced directly into Ireland and all this product was, since November 2003 is on sale here; the way in according to the veterinary certificates submitted which the importation of such chicken is under third country import requirements, monitored; and if he will make a statement on produced in the period October to November the matter. 2003. In view of the fact that all poultry meat 257 Private Notice Questions 27 January 2004. Infectious Diseases 258 imported from Thailand is frozen and takes at regions of the country or the whole country, as least two weeks to reach Europe, it is unlikely appropriate, until the disease risk has been that there is any poultry meat from Thailand in eliminated. Irish retail or catering premises which has been At the EU border inspection post all produced from poultry slaughtered since 1 consignments undergo a documentary and January 2004. identity check and physical checks are carried out With regard to poultry meat products in the at frequencies laid down in EU law. Where shops, we are guided in our approach by the required, sampling for laboratory analysis for the scientific opinions available from the European purposes of safeguarding human and animal Commission services, including the European health is carried out. Once imported meat has Food Safety Agency, the World Health met all the required conditions, it is released for Organisation, the Food Safety Authority of free circulation within the Union. Copies of the Ireland and our departmental veterinary services. border inspection post clearance document and The risk to public health from poultry meat is the health certificate must accompany the small and the risk of persons catching influenza consignment to its destination. from cooked poultry meat is zero. In line with this The European Commission has acted quickly scientific advice, having poultry meat withdrawn and appropriately in line with the threat posed by from sale in the current situation is unnecessary. the outbreak in Thailand. We in Ireland have The Department has in place an ongoing acted promptly in line with the EU Commission monitoring programme for avian influenza in decision in the interests of human and poultry poultry. During 2002-03, a more extensive survey health in Ireland. The situation in south-east Asia of poultry and wild birds was carried out as part is being kept under review by the Commission of an EU survey. The results showed no evidence and by the veterinary services of our Department. of H5 or H7 subtypes. These subtypes are of most importance in poultry as they are the subtypes Dr. Upton: I thank the Minister of State for that cause highly pathogenic avian influenza and his reply, although I have a number of questions are the only subtypes that have been associated arising from it. It is clear that this influenza was with deaths in humans. rampant in Thailand long before it was officially The introduction of avian influenza to the Irish notified. I appreciate that the Minister of State poultry flock is a constant threat, which primarily cannot take responsibility for that. However, it exists from wild birds, particularly from migratory must be acknowledged and action must be taken waterfowl. The risk of introduction via imported on foot of that information. It is clear that during poultry meat is negligible in this country as it is November it was basically hidden in Thailand. highly unlikely that uncooked poultry meat will That is significant in terms of the dates and times be eaten by poultry. The epidemic of influenza after which the meat was banned in this country. that is currently occurring in Asia is a timely The FVO is the EU agency with responsibility reminder of the risks posed by wild birds. Our for monitoring in third countries. It is located in Department is currently contacting all poultry County Meath. I understand the last time it farmers to remind them of the precautions they visited Thailand was in 2001. From what I saw on can take to help keep out avian diseases. I wish its website, it visited only three slaughter houses. to emphasise that our Department has a Is the Minister of State entirely satisfied with the contingency plan in place to deal with any frequency, extent and outcome of those visits? Is outbreak or suspected outbreak of avian he aware of any spot-checks? Are visits pre- influenza in our poultry flock. arranged? What representations, if any, have Controls operated on imports ensure that meat been made to the Food and Veterinary Office imports come from third countries or areas of following this current outbreak? third countries approved for export to the EU. In There are serious concerns about labelling. I addition, meat may only be sourced from went to the supermarket last Saturday to buy establishments in those countries which are some chicken. I did not have any way of knowing approved and must bear an EU approved health where that poultry came from as it was not mark. The Food and Veterinary Office of the labelled. It could have been from the planet Mars European Union carries out inspections to ensure for all I knew. I am aware that there was no that only establishments that meet hygiene and hazard associated with it once I had cooked it. health standards equivalent to those operating There is an issue of consumer confidence and within the EU are approved. Where the FVO is genuine consumer concern which has not been satisfied that public health requirements are not addressed. It is crucial that imported products are being met by an approved establishment in a labelled with the country of origin. That has been third country, the establishment may be removed highlighted during this current outbreak. from the EU approved list. If outbreaks of animal Is there any information about the process in diseases occur in a third country, approval to this country for sourcing poultry from Thailand? export to the EU is suspended for the infected I understand a certain amount of it comes in 259 Private Notice Questions 27 January 2004. Infectious Diseases 260

[Dr. Upton.] food products to penetrate European and global through the EU, but there are importers here markets. That is of great importance to our through whom it comes in directly. What checks, economy. We want products to be labelled so that if any, are imposed on such importers and what the consumer can identify where a product is standards apply to them? Are they answerable produced. We hope to achieve that in a balanced for the quality and safety of the products they way. We hope to find a resolution sooner rather import? than later. It is clear that this is more an economic risk than a health risk at present. However, there are Mr. Timmins: Thailand exports approximately health issues which must be addressed for the $336 million of poultry to the EU. Some 1,200 future, particularly in terms of any risk which tonnes of chicken are exported to this country, might relate to the transmission of avian mainly in the form of fillets. Deputy Upton said influenza and its convergence with human that people do not know from where certain influenza. The ultimate consequences of that products come. We do not know from where have been highlighted by a number of chicken fillets come. Does the Minister of State publications, including the World Health agree that is a serious issue? He said in his initial Organisation. It is clear the consequences of that reply, “the European Commission has acted would imply a pandemic of influenza which quickly and appropriately in line with the threat would be difficult to control. posed by the outbreak in Thailand.” That is completely baseless because allegations have Mr. Treacy: I thank the Deputy for those been made in Thailand since last November interesting questions. I do not have all the about the presence of bird influenza. Traders, information for the questions she asked. As farmers, veterinarians and consumer groups have regards the possibility that this problem may have sought to raise the issue with the Government in been rampant in Thailand before November or Thailand in recent weeks. It appears that there before it was notified, the European Commission has been a cover-up in Thailand to protect the has constantly monitored and assessed the vested interests rather than the consumers. situation. From the information available to it, we On Monday week last Commissioner Byrne are satisfied that we are in control of the situation stated in Bangkok that there was no evidence of vis-a-vis imports to this country. the existence of bird influenza in Thailand. He Today the Minister for Agriculture and Food, was misled by the Thai Government, and the Deputy Walsh, addressed the environment and food and veterinary office was not doing its job. agricultural committees of the European Will the Minister of State, with the Minister for Parliament where this issue was discussed. It was Agriculture and Food, try to rein in the food and concluded at those meetings that the situation veterinary office? I have seen inspection reports was an animal health issue, as distinct from a it has produced on beef in Brazil and Argentina human health issue. It is a great consolation that that have identified problems, yet nothing seems there is international agreement on that. The to happen. European Commission is committed to stringent It is said that this flu does not affect humans standards. We have an ongoing monitoring if the meat undergoes a certain process but it is programme in place, which was assessed by the possible that chicken produced since November European Commission last autumn. It concluded was infected. Is it possible that we in a recent report that our standards were among 6 o’clock could be importing some of that the highest in Europe and it was satisfied with product and that it is on sale here, our operations. having come in from other EU countries? The Minister of State says that the possibility of it As regards the Food and Veterinary Office of coming directly from Thailand is not an issue. We the European Union and its visits to Thailand, I may, however, be taking it from other EU do not have information on that, but I will seek countries. In mid-2002 banned carcinogenic it out immediately. When I get that information, substances were found in poultry from Thailand. I will give it to the Deputy. Prior to that approximately 20% of product was As regards labelling, the Department checked but following that discovery 100% was addressed that issue in recent years through the checked. Will the Minister of State say whether food division. We established a national body to that check is still in place or has it been reduced? assess the situation. Questions were asked about If the Minister of State cannot answer the whether it was appropriate to label every product question now he can give me the answer later. and about the type of labelling which should be Does he agree that this shows once again the done. That matter is currently under review as we complete lack of information given to consumers work to get agreement between producers, regarding products? distributors and other commercial operations to We do not know where or how a product is ensure that we do not create any impediment produced. It appears on this occasion that the which would deflect from the capacity of Irish food and veterinary office, despite the Minister 261 Private Notice Questions 27 January 2004. Infectious Diseases 262 of State’s comments, acted quickly and I wish to highlight it. The record will show that I appropriately. We are three months behind. The am absolutely accurate in the point I make. It Japanese banned the import of this product, and states: “There are no imports of poultry meat in a pre-emptive strike, Thailand banned its from Thailand recorded, which have been export, perhaps even before the EU banned the produced in that country after November 2003.” import which it did as a reaction to the Thai Maybe there is no significance in the Minister of export ban. State’s omission and if so I am prepared to accept his assurance. I watched carefully and followed Mr. Treacy: Last year we imported 966 tonnes the course of his delivery and the text presented. of poultry product from Thailand. In 2002 we Will the Minister of State clarify this point? imported approximately 1,200 tonnes. The The word “recorded” in that sentence is very present system and the food and veterinary office important. How can we be sure that poultry and Commission operations in the European imported from Thailand or any of the other Union ensure constant monitoring in all the affected countries has not reached, or is not countries exporting product to the European reaching, our shores? The poultry industry is Union. If product were coming in here through critically important to my constituency which has EU countries rather than directly the checks recently lost one of the most significant outlets would operate. We have a very rigid system of for local producers. I am concerned that there is veterinary inspectors, agriculture officers and ongoing importation of poultry meat, some of Customs and Excise officers checking at the which is recorded and perhaps some of which is ports. Certificates must be shown and they carry not. My interest is twofold, for the health care the product to its destination. There is no need concerns of the public I represent and the for anyone to be scared. We are satisfied there is producers whose livelihoods depend on a first no product here from Thailand produced since class product, made under the stringent controls November. We have quality product, we are in imposed by the Minister of State, his Department a global market and within the European Union and the Government, which I commend. People where extra checks and balances operate. are concerned that the situation is not as tight as I will raise the issue mentioned by Deputy it should be, and that must be addressed. Timmins with the food and veterinary office to What is the position of chicken products from ensure regular checking and implementation of Thailand which remain in the European Union the regulations and criteria to provide an absolute after the import ban has been imposed? Is it not guarantee for the quality of the product coming time for compulsory country of origin labelling to into the European Union. Our colleagues at the be required at national and EU levels? Will the WTO are sure to raise this at the next round of Government press for that during the EU discussions. Presidency? Surely our Presidency of the European Union is a golden opportunity for the Caoimhghı´nO´ Caola´in: I am concerned the Government, particularly the Minister for Minister of State does not agree that the virus Agriculture and Food and his colleagues in the potentially represents a grave danger to the Department, to ensure that best practice is health of the public and the future of the poultry employed not only here but across the European industry. It represents a threat to both. Surely all Union. If there is laxity and an opportunity for chicken products without country of origin labels irregular activity to take place in this very should be immediately removed from our market. important sector, it will continue after That is the very least that should be done in this enlargement of the Union when undoubtedly the situation. I am not convinced by the EU directive stringency required at least for an interim period, on Thai imports. Maybe Deputy Upton can offer will be absent. This is imperative for our health a professional opinion in this regard but frozen and for the future of this industry. birds mean frozen virus, not dead virus. That is a Traceability is extremely important to the very important point. The freezing of chicken consumer, the producer and those who are meat does not kill a virus in the bird, it merely employed in poultry processing units. The freezes it. The danger exists that the virus can be livelihoods of the workers in these factories also reactivated in the thaw-out process. Thailand is depends on best practice and an above the board only one of eight Asian countries in which this operation in every aspect of poultry production avian flu outbreak has been recorded. There have and its onward sale to the consumer. been seven recorded deaths, six in Vietnam and There is the further concern not directly one, of a six year old boy, in Thailand. This is a related to the avian flu virus but of great concern very serious matter. to the poultry sector, particularly in the There is one sentence in the text distributed by constituency I represent, that is, the importation the Minister of State which he did not read into of poultry litter to the compost manufacturing the record. Perhaps he overlooked it in the course yards in my constituency and other locations in of his address or skipped over it by mistake and this jurisdiction. What measures are being 263 Private Notice Questions 27 January 2004. Infectious Diseases 264

[Caoimhghı´nO´ Caola´in.] Mr. Treacy: We will put ten euro on it if the considered by the Department to ensure that Deputy wishes. I repeat that there is no record of these poultry litter importers operate under the imports of poultry meat from Thailand which was waste management guidelines set down in the produced in that country after November 2003. I various regional documents? Have they got thought I made that clear. I also made clear that licences for the transfer of such waste material? from the information available to us and from the Are the necessary checks in place regarding what market situation, none of these products is the poultry litter may contain or entail in the currently on sale in Irish retail outlets. I agree manufacturing of compost? with Deputy O´ Caola´in that this is an important This practice which has recently developed in issue, but we must consider it in terms of its cross-Border traffic represents a threat to poultry importance in that Thailand is one country in producers in County Monaghan and the south-east Asia accredited to export poultry neighbouring counties because they cannot now products into the European Union. Some 966 dispose of the waste produced at their units. I tonnes of poultry products from Thailand came raised this important matter at local authority into Ireland last year. We have checks and level yesterday and now with the Minister of balances of the European Commission and the State. I ask for his direct attention and rules and regulations laid down by the food and intervention to protect the poultry production veterinary office of the Commission for products sector in the constituency I represent and coming into the EU. We have the very strict throughout the jurisdiction. regime operated in this country for food imports, a regime marshalled and operated by I was a member of a health board from 1999 to Department of Agriculture and Food staff, last November, when I had to stand aside as a veterinary inspectors and agricultural officers, result of the ending of the dual mandate. I raised supported by Customs and Excise staff. There is at health board level the issue of the sourcing of a very strong chain of checks and balances to poultry products. I am of the view, which I protect the product coming into the country. believe is shared by many people, that in the Chicken products in other member states of the catering sector and in areas under the control and European Union are a matter for the European influence of Government, either directly or Commission and for each member state to decide through the various arms of local government, in what it wishes to do regarding those products. If this instance health boards, poultry products are the Commission gives a directive or an indication used which are not sourced at home. There is a that certain actions should be taken in the question of traceability. If we are to see best interests of the poultry industry across Europe, practice and confidence in this sector, we must we would be the first to respond — there is no ensure that the catering industry recognises its doubt about that. responsibility to consumers and that health The Department and the Government are boards publicly guarantee that poultry used in committed to traceability. We have proven that hospitals, nursing homes and other facilities with the decisions we have taken on all aspects of under their control and aegis is sourced at home food in recent years, particularly since 1997. We under Irish controls and restrictions so that the have been constantly abused and harangued for public can have full confidence in the product it our insistence that we should have traceability for consumes. all products. We can never get political, or indeed I ask the Minister of State to take seriously the public, consensus that traceability is critical in the points expressed. Nobody is trying to put him in interests of the quality of products, the health of a difficult position. We appeal to him, considering consumers and, above all, assurance for the the position he holds with his colleague, the discerning consumer in knowing exactly the Minister for Agriculture and Food, Deputy origin and quality of the product. Walsh, to recognise the seriousness of the issue. I I am surprised Deputy O´ Caola´in has a urge a reconsideration of some of the points of problem with cross-Border traffic. Trade across assurance the Minister of State gave us in his the island of Ireland is critically important for its address as they fall short of the assurances I need future. I am fully aware of the situation referred as a public representative and a consumer. to by the Deputy. I established a national mushroom task force in early December to look Mr. Treacy: The Deputy has covered a lot of at the mushroom industry, including the ground in this regard. My memory is reasonably composting industry. The task force is looking at good and the record will show that I read every the quality of the compost and its component sentence of my address on to the record. Lest parts and will report to me later this year. We there be any doubt, I repeat—— are taking a critical look at the interim mushroom industry, including composting and poultry litter. Caoimhghı´nO´ Caola´in: Will we put a euro on We are aware of the product coming from it? Northern Ireland and of the trends and the 265 Private Notice Questions 27 January 2004. Infectious Diseases 266 business and commercial operations building up mushrooms. Our mushroom market in the UK is in Northern Ireland with the Republic. We hope being undercut. Some of these mushrooms may that will continue into the future and a cross- be Polish mushrooms which are being sold as Border trade will develop with a strong Irish produce. We need to be very careful about regulatory regime. We want development to this area. The problem is not just human health, continue in the area, subject to sustainable and which is extremely important and the first transparent standards in the interests of economic priority, but we must think about the future of growth and quality product. those who built up an industry and were proud to The poultry produced in this country and do so. imported into it presents no threat to human or animal health. The system we have in place gives Mr. Treacy: It is disingenuous of Deputy absolute assurance to all our consumers. The final Crawford, a man who has huge knowledge of the assurance I give as a Member of this House is livestock industry in particular, to say that we do that when I have my tea this evening I will not have sufficient veterinary controls. All certainly order chicken. product imported into the European Union must have veterinary certification. The documentation An Leas-Cheann Comhairle: I remind is checked when the product arrives in the Deputies that we are dealing with a European Union. Veterinary inspectors, parliamentary question and statements are not in agriculture officers and various other public order although supplementary questions may be officials here carry out strict checks. The checks asked. and balances are in place, not just in this country but in the European Union. Mr. Crawford: After some lengthy statements, I am a little disturbed that anything other than Mr. Crawford: I am talking about the country questions might be allowed. I am very conscious of origin. of this issue and more worried now than before the comments made by the Minister of State. I Mr. Treacy: As regards product in the represent a constituency largely dependent on the European Union, there are different views. There poultry industry. Two thirds of all the poultry is no consensus within Europe vis-œ-vis labelling produced in Ireland are produced in that area so and the country of origin. Many countries want a it is a major issue for us. label on the product stating, “Manufactured in Although I know he cannot tell us today, will the EU”. That is currently the overriding view. the Minister of State tell us what veterinary Other countries would like the country of origin controls there are on the importation of product to be indicated on the product. We hope during into Ireland? It is frightening to hear that there our Presidency to make progress in this regard. may have been no veterinary visits to Thailand The Irish Presidency has put the issue forward as since 2001. I ask the Minister of State to compare one of its priorities. We will do our utmost to that situation with the slaughter of meat in this make progress in that area. country for Israel or any other country, whereby personnel from those countries oversee such The Deputy referred to the mushroom slaughter to make sure they get exactly what they industry. I have had a strong interest in that want and pay for. industry since taking up office. Prior to that I was I raised the issue with the Taoiseach following not very aware of the situation in the mushroom a visit to the USA by members of the Joint industry. I visited the United Kingdom to Committee on Agriculture and Food. Why must promote Irish mushrooms and saw at first hand our farmers be so precise in regard to production, the competition from other countries. I suggest including at factory level, while other products that all mushroom products coming into the UK can be imported from Brazil, Thailand and so on, originate in Poland, Germany and Holland. The on the say so of someone else? I urge the Minister only requirement from the major multiples who of State to look again at the situation and to sell these products in the United Kingdom — the ensure that products imported into this country same applies to Ireland — is that we give them are produced to the same high standards, systems quality mushrooms which they can sell to British and controls as is the case here, not just from the consumers. They do not mind where they farmers’ point of view but also from the point of originate once they are a quality product. We view of consumers. travel to the UK to promote Ireland, Irish Will the Minister of State assure me that mushrooms and Irish food products. We have a products imported from other European very strong market in the UK and throughout countries do not come originally from third Europe. We export 80% to 90% of all our food countries and, therefore, are not labelled? It is products. If we did not meet high standards and vital that we are aware of where products have a good track record, we could not continue originated. The Minister of State referred to to sustain our food exports with such success. 267 Private Notice Questions 27 January 2004. Infectious Diseases 268

[Mr. Treacy.] I assure Deputy Upton that the statement I put There was a 10% volume growth in our food on the record of the House this evening will be on exports last year. our website by tomorrow. We will keep abreast of the situation and, if necessary, we will put a Mr. Crawford: In mushrooms? weekly statement on the website based on the information available to us. I will request the Mr. Treacy: Overall there was a 10% volume food and veterinary office of the European growth. The mushroom industry is very Union, on behalf of the Department, to ensure competitive. It is currently going through a that a critical audit is carried out and that the critical period. We have established a national necessary controls are visited again to make sure task force. There are excellent people on the task there is no threat to either human or animal force, many of whom come from the Deputy’s health, not just in Ireland but throughout the area. I await the report and we will respond to it European Union. In so far as we can ask it, we as generously as possible. will certainly do so. The House can be assured that we will give the matter our constant attention Dr. Upton: There are a couple of important on behalf of the people of this country. issues which must be looked at. It is clear that the virus can remain viable for long periods in faecal ´ Mr. Timmins: The Minister of State has made material, for example. As Deputy O Caola´in said, many comments on mushrooms. If he could get it can remain viable indefinitely in the frozen the taste back into mushrooms he would do us all state. In other words, it can recover its viability. a great service because they have become It does not die. There are consequences to each tasteless over time. of these issues. Is there concern in regard to I believe this matter is the tip of an iceberg. visitors to Thailand returning to this country or is There has been a monumental cock-up by the there a need to put in place measures at airports EU. It was led by the Thai Government which in regard to people returning from Thailand? I knew for several months that there was a accept the risk is remote but there is a need for awareness. difficulty, but it put the interest of its own industry ahead of consumers. Will the Minister of There has been just one statement on the State agree that this is an ideal opportunity for outbreak on the Department’s website. It would be helpful to consumers and the trade if there was Ireland to take the lead in the EU and perhaps more information, based perhaps on the Minister bring in the officials of the Thai Government. of State’s statement today, and an update on a The Deputy Minister for Agriculture, Newin regular basis until we are in the clear in regard to Chidchob, is a very ambitious nationalistic this entire outbreak. I would like an assurance politician — I do not know who is his equivalent from the Minister of State on this matter. There in Ireland. He threatened in recent weeks to sue is a need for a detailed audit of all the farms and the media because the reports of bird flu were factories in Thailand from where poultry is unfounded. This man spoke to Commissioner exported. This should be put in place before Byrne last week and assured him there was no licences are renewed. We have become aware of difficulty, but now there is a difficulty. the requirement in this case. I have a genuine Will the Minister of State agree that his concern that there is a hidden agenda about statement that the European Commission acted which we know nothing. quickly and appropriately is totally inaccurate. It Deputy Timmins referred to nitrofurans,a did not act quickly and appropriately, and this problem caused by poultry from Thailand. We will be borne out in the weeks ahead. Will he did not appear to learn a lesson from this. We agree that Ireland should take a lead in the EU. must tighten significantly the controls. I put it to We keep hearing that non-EU products do not the Minister of State that there is a need for much have to meet the same production requirements greater investment in food safety in regard to as we must do. There are doubts among both home-produced and imported products consumers and others. One cannot bake a loaf of arising from this incident. brown bread or kill a turkey down the country without being hauled in, yet there are massive Mr. Treacy: I assure the House that our food scares that need to be addressed. Department, together with the other relevant Departments, is totally committed to supporting Mr. Treacy: It would not be appropriate for the Food Safety Authority of Ireland in the me, my colleagues or the Government to haul in outstanding work it does. We have led the way anybody from Thailand. This is a matter for the and supported it. There was consensus that in all EU. Ireland has an accreditation system—— these issues there would be one final arbiter to make a decision on all food safety matters, that Mr. Timmins: Now that we hold the Presidency is, the Food Safety Authority of Ireland. of the EU we should get to the bottom of this. 269 Civil Registration Bill 2003: 27 January 2004. Second Stage 270

Mr. Treacy: I have made it quite clear that we On the statement by the Consumers’ will consult the Food and Veterinary Office of Association of Ireland that all non-labelled and the European Union. Its job is to ensure that untraceable products be taken off the shelves, I standards, criteria and regulations exist and that am quite confident that Irish retailers, given their these are implemented to protect the consumers professionalism and integrity, will be the first to of the Union. remove products if there is a doubt about them. We have our own system to make sure there is a double check on any products entering the Mr. Crawford: Will the Minister of State assure country through the Union. We will take this us that he and the Minister for Agriculture and matter up and give it our utmost attention, as we Food, Deputy Walsh, will use the next five always do. The Commission did react swiftly and months to make sure structures are put in place so we will know where chicken meat and other we are quite satisfied that there is no threat to meats are produced rather than how they are either the health of the people or of the poultry manufactured. Our consumers and producers are industry in Ireland. no more or less disadvantaged than anybody else. To focus on manufacturing is not good enough as Caoimhghı´nO´ Caola´in: The Minister of State we want to know where products are produced concluded with the statement that he is quite and that they are produced according to the same happy there is no threat posed. Yesterday the health standards as our own. World Health Organisation warned that the outbreak of the contagious bird influenza virus in Mr. Treacy: I assure the Deputy that the Asia posed “a significant risk”. It was not only Minister, the Minister of State at the Department talking about the region in Asia where the of Agriculture and Food, Deputy Aylward, and I, outbreak took place but also about the fact that, along with our respective teams of outstanding because of the nature of the particular virus, it officials, will do our utmost through the Irish has the potential to spread and spread quickly. Presidency to achieve a consensus on the This has already been the case. The virus is not acceptability of an EU-wide labelling system. confined to Vietnam and Thailand but it has also presented itself in a number of other countries, Civil Registration Bill 2003: Order for Second including Pakistan. Stage. I remain very concerned and wish to impress this concern on the Minister of State. I have taken on board and listened carefully to the assurances Bill entitled an Act to provide for the he has given regarding the steps he and the reorganisation, modernisation and naming of the system (to be known as the Civil Department will now seek to be employed to Registration Service or, in the Irish language, allow for the best possible guarantee that we are an tSeirbhı´s um Chla´ru´ Sibhialta) of properly safeguarded against the potential risk. registration of births, stillbirths, adoptions, How does the Minister of State respond to the marriages and deaths (including certain births World Health Organisation’s stated views of and deaths occurring outside the State), to yesterday and the statement of the chief provide for the extension of the system to executive of the Consumers’ Association of decrees of divorce and decrees of nullity of Ireland, Michael Kilcoyne, who indicated that all marriage and for those purposes to revise the non-labelled and untraceable poultry products law relating to the system, to amend the law should be removed from our supermarket shelves relating to marriages and to provide for as a clear indication to all consumers that we are related matters. taking the risk seriously and that every possible measure is being taken to guarantee their health Minister for Social and Family Affairs (Mary and, in my view, as a direct consequence, the Coughlan): I move: “That Second Stage be future of the indigenous poultry industry? taken now.” Question put and agreed to. Mr. Treacy: We have to consider the World Health Organisation’s statement in its totality in that it said there was a significant risk to those Civil Registration Bill 2003: Second Stage. who came into contact with live birds in the eight Minister for Social and Family Affairs (Mary relevant countries in south-east Asia. Of course Coughlan): I move: “That the Bill be now read a we must take this into account as we look at the Second Time.” poultry products coming into Ireland, which are I am pleased to bring the Civil Registration Bill composed of dead meat. There is now a clear ban 2003 before the House. It provides a new on all such products entering the country since 1 legislative framework for civil registration, January. We do not envisage any threat in supports and enables the modernisation of the Ireland. Civil Registration Service and facilitates the 271 Civil Registration Bill 2003: 27 January 2004. Second Stage 272

[Mary Coughlan.] and the capture of digitised signatures; redesign decentralisation of the General Register Office to of business processes and procedures; capturing Roscommon. The main objectives of the Bill are and storing in electronic format all paper-based to: rationalise the procedures for registering records from 1845; and reform of legislation births, stillbirths and deaths; give an tArd- which has given rise to this Bill. Chla´raitheoir responsibility for the overall policy A key step in the process was the publication of for the Civil Registration Service, including a consultation document entitled Bringing Civil maintaining standards of service; assign Registration into the 21st Century which set out responsibility for the management, control and the context and proposed future approach to civil administration of the Civil Registration Service at registration and related services. The purpose of local level to health boards; streamline the this document was to engage with as wide a range existing procedures governing the registration of of organisations and individuals as possible on the adoptions; establish new registers of divorce and proposals to modernise the service. Some 170 civil nullity; reform the procedures governing the responses to the consultation document were registration of marriages; and facilitate the future received and these, together with views obtained linking of life-events. during consultations with a number of Civil registration was introduced in Ireland in organisations, have been considered in the 1845 for the registration of non-Catholic development of the modernisation programme. marriages and expanded in 1864 for the There will be substantial benefits, both tangible registration of births, deaths and Roman Catholic and intangible, arising from the modernisation marriages. Thus, a comprehensive registration programme. These include: improved service to system has been in place since 1864. The data customers, for example extended opening times; forms a basic, continuous source of information greater efficiency in the use of resources and about the population by providing a record of reduction in red tape; nationwide standards for vital events relating to people and satisfying the registering life events; the registration of divorces need for evidence which has a bearing on rights, and civil annulments on a central register; the entitlements, liabilities, status and nationality. electronic capture and transmission of all vital Civil registration touches on each of us at statistics on life events to the Central Statistics important stages in our lives, beginning with the Office; the sharing of data with designated registration of our births and ending when our Government Departments and agencies; deaths are registered. Between those events, civil facilitating long-standing plans to decentralise the registration affects us both directly, as in the case General Register Office to Roscommon; and of marriage, or indirectly, when certificates are reducing the demand for paper certificates for the required for many of the services that are purposes of Government services. available in our society, such as enrolling a child As part of the groundwork for the programme in school, obtaining a passport, taking up of modernisation, Deputies will recall that employment and claiming a social welfare amendments to a number of the provisions of the payment, to mention but a few. Births, Deaths and Marriages Acts were included While there has been little change to the basic in the Social Welfare (Miscellaneous Provisions) registration procedures since 1864, there have Act 2002 to facilitate the implementation of a been many changes in our society, major new computerised system to cater for the developments in technology and increased electronic registration of births and deaths and expectations by citizens as to how public services electronic certificate production for births, deaths should be delivered. In 2003, there were over and marriages. I am pleased to inform the House 110,000 life events registered, some 500,000 that the roll out of the new civil registration certificates produced and approximately 1.2 system is well under way and is currently million searches of registration records carried operating in five health board areas. It is out. expected that the implementation of the system Recognising the importance of civil registration in the remaining health board areas will be and acknowledging the changing needs of our completed by mid-2004. customers, the Government approved a Until now, the registration and certificate programme of work to modernise the Civil production processes were manual, time Registration Service. The civil registration consuming and location dependent. The modernisation programme is a joint initiative modernisation programme marks a fundamental between my Department, which is progressing change in the way the civil registration service civil registration legislation, and the Department operates and is delivering significant of Health and Children, which oversees the improvements in operational efficiency and administration of the Civil Registration Service. customer satisfaction throughout the country. This is a major undertaking involving: the This Government is committed to improving introduction of modern technology providing on- public services by modernising the way it does its line registration; electronic certificate production business. New Connections, the Government’s 273 Civil Registration Bill 2003: 27 January 2004. Second Stage 274 information society action plan, identifies e- complete a multi-paged paper application form Government as a key infrastructural mechanism and supply a paper birth certificate. They simply and the e-inclusion programme as a key have to register the baby’s birth to set the process supporting framework. In line with this in motion. Government’s commitment to improving the way I now wish to outline the provisions contained services are organised, integrated and delivered in this Bill. As Members have already considered to customers, my Department initiated a number it in detail, I will focus on a number of key of significant programmes. These are the civil provisions. registration modernisation project, development The administration of the Civil Registration of the REACH interagency messaging service, Service is provided for in Part 2 of the Bill. automated establishment of public service Sections 7, 9 and 12 provide for the continuation identity in respect of children born in Ireland and of the existing offices of an tArd-Chla´raitheoir, the service delivery modernisation project. the assistant to an tArd-Chla´raitheoir, to be The capacity to share data is a key building named an tArd-Chla´raitheoir Cu´ nta, and Oifig an block underpinning the integration of public Ard-Chla´raitheora. service delivery. To facilitate the sharing and e- Section 13 provides powers for an tArd- enabling of life event data between Government Chla´raitheoir to establish and maintain registers agencies, REACH developed an interagency of births, stillbirths, adoptions, deaths and messaging service (IAMS) which is currently marriages, divorce and civil nullity — the last two being used to transfer registration data between mentioned are new registers. In future, all life the civil registration system, this Department and events will be stored in electronic registers. the Central Statistics Office. This facility will be Sections 14 and 15 provide for the used to make death registration data available establishment of local registration authorities, electronically to other Government agencies from which will be based on the health boards, that will the end of January. appoint a superintendent registrar to administer The service delivery modernisation programme the service at local level. Each registration aims to deliver a high quality, proactive service authority will be required to set out a formal to customers. The re-design of the child benefit scheme for the administration of the civil system is the first manifestation of the new registration service in its area. This part also service delivery framework. Since September contains provisions which facilitate the delegation 2003, all new birth registration data is transferred of certain functions, such as late registration, electronically to my Department from the civil from an tArd-Chla´raitheoir to local registration registration computer system. This facilitates the authorities. allocation of a personal public service number to Part 3 of the Bill provides for the registration a child at registration, thus establishing a child’s of births and stillbirths. The principal public service identity and the creation of family responsibility for registering a birth will remain links on the national central database for all with the parents, who will be required to register citizens, the client records system which is the event within three months of the birth. To administered by my Department, initiation of a facilitate parents in fulfilling this obligation, the child benefit claim for first-born children and present time limit of 42 days will be extended to automatic payment for second and subsequent three months. In future, births may be registered children in a family. Payment of child benefit in with any registrar as opposed to the present respect of a baby born and registered by the civil system where a birth can only be registered by registration system on Monday is made or the the registrar of the district in which the birth mother contacted by my Department by occurred. Thursday without any manual intervention. This Sections 23 and 24 of the Bill allow a birth to be is a prime example of the e-Government re-registered to include the father’s details where objective of Departments working together to they were not entered in the register at the time provide more convenient access to services for of registration. citizens. The introduction of the new civil Sections 26 and 27 provide for the registration registration system is therefore a flagship of certain births occurring outside the State. This initiative in providing life-centred services to includes the birth of a child to an Irish citizen in customers. jurisdictions where no registration system exists The visible improvement from the customer or the registration records are unavailable, on perspective is that a single interaction with a Irish registered ships and aircraft, to an Irish public service agency, for example, the citizen on foreign ships and aircraft and to registration of a birth, not only achieves its members of the Defence Forces and Garda original purpose but also triggers a series of Sı´ocha´na while serving abroad. The provision for related services by another agency, in this case births on aircraft is being introduced for the first my Department. Customers availing of the e- time. In addition, this provision addresses the enabled service no longer have to source and present anomaly where the birth of a child on 275 Civil Registration Bill 2003: 27 January 2004. Second Stage 276

[Mary Coughlan.] Part 6 of the Bill provides for the registration board an Irish registered ship, in certain of marriages. I intend to bring forward significant circumstances, cannot be registered. amendments to this part of the Bill on Committee Sections 28 and 29 provides for the registration Stage, in order to progress some reform of of stillbirths. In future, parents or a relative may marriage law, and I will outline these proposals register the stillbirth within 12 months. Currently, to the House later. There are different only the parents can register the stillbirth within requirements to be met, depending on the form 42 days. The new provisions are being introduced of marriage, be it civil or religious. These to allow the family of the child more time to requirements can be complex and I feel there is a undertake the necessary registration procedures strong need for clarity and simplicity in this area. while coping with their loss. The current rule requiring a couple to notify Section 30 will require institutions, including the registrar of marriages of the district at least hospitals, to notify the local registration authority three months before the intended date of of the occurrence of each birth and stillbirth. This marriage will continue in force. This was obligation also falls on doctors and midwifes introduced in the Family Law Act 1995 in order where such events occur outside these locations. to give couples intending to marry an opportunity This notification will be recorded electronically to reflect on the seriousness and importance of and will assist parents in their registration the commitment that they are making. obligations at the registrar’s office of their choice. Accordingly, section 46 of the Bill provides that Part 4 of the Bill provides for the registration three months notification of marriage must be of adoptions. In future, there will be one adoption made in person to a registrar and in a prescribed register for the registration of all adoptions in the form. The current arrangement whereby a couple State. Currently, adoptions are registered in may apply to a court for an exemption to the three months notification rule, because of either the adopted children’s register for extenuating circumstances, will remain. In adoptions effected within the State, or the foreign specified circumstances a couple will be allowed adoption register for foreign adoptions. An to submit the three month notification in writing, authorised officer of the Adoption Board will act for example, where the couple is living outside as registrar for the purposes of these registrations. the State. However, in all cases, the couple will Section 35 provides that access to the register be required to attend at the registrar’s office at of adoptions, or an index, which makes traceable least five days prior to the intended date of the connection between this register and the marriage to sign an undertaking that there is no register of births will not be available except by lawful impediment to the marriage and to order of the Adoption Board or a court order, produce other necessary documentation. and only when it is in the best interests of the Section 48 of the Bill introduces a new adopted person concerned to do so. This marriage registration form. This form will only be continues an existing provision. However, the produced and given to a couple when they have index to the register of adoptions will continue to completed all civil preliminaries for marriage. be accessible. This is a very important document as no marriage Part 5 of the Bill concerns the registration of can be solemnised without it. It is to be signed deaths. Section 37 provides that the primary immediately after the ceremony by all the parties responsibility for the registration of a death to the marriage. Responsibility for returning the remains with the next of kin or persons who completed form to a registrar lies with the couple would have knowledge of the particulars of the who must do so within one month of the date of death. This section also extends the list of persons the marriage. who may provide details of a death to include Part 7 of the Bill provides for the registration specified staff of a hospital or institution where of decrees of divorce and decrees of nullity by the the death occurred, and undertakers. The period courts service in new registers in accordance with for registering a death is also being extended section 13. from five days to three months from the date of Part 8 contains a number of miscellaneous death. In future a death may be registered at any provisions related to civil registration. Section 52 registrar’s office. These measures allow greater provides for the introduction of a formal appeals flexibility for the person responsible for system for the first time. This will allow persons registering a death. to appeal a decision of a registrar or an Sections 38 and 39 provide for the registration authorised officer to an appeals officer of the of deaths which occur on ships, aircraft or deaths local registration authority. of members of the Defence Forces or Garda Section 53 provides for the conditions Sı´ocha´na while serving abroad. These measures necessary for searches of registration records. are similar to the provisions of sections 26 and 27 Civil registration records are a matter of public which provide for the registration of certain record. At present anyone can carry out a search births occurring outside the State. and obtain a certificate of any event by payment 277 Civil Registration Bill 2003: 27 January 2004. Second Stage 278 of a specified fee. The introduction of electronic a civil marriage is conducted by a registrar at a registers and the electronic capture of all paper- location other than at a registrar’s office; and the based records will provide easier and faster access establishment and maintenance of a new register to registration records and will improve customer of solemnisers, which will replace the current service. The provisions of this section of the Bill register of churches and registered buildings. allow any person to search the indexes to all the Only registered solemnisers and members of registers and to purchase copies of the records religious bodies temporarily authorised to do so relating to these searches with the exception of may solemnise a marriage. The amendments the index of stillbirths, and an index which makes provide for: the procedures to be followed by a traceable the connection between an entry in the religious body or local registration authority register of adoptions and the corresponding entry when applying to have one of its members in the register of births. entered in the register of solemnisers and to Section 58 allows an tArd-Chla´raitheoir to enable an tArd-Chla´raitheoir to cancel an entry share certain registration information for in this register; the introduction of an appeals specified purposes with designated Government system which gives a person the right to appeal Departments and agencies. This provision in the a decision of an tArd-Chla´raitheoir to refuse to Bill will facilitate the sharing of information, register him or her in the register of solemnisers reduce form filling and the need for certificates or cancelling his or her entry in that register; and for the administration and control of schemes an tArd-Chla´raitheoir to grant a temporary and services. authorisation to a member of a religious body to Section 59 makes provision for the Minister for solemnise a specific marriage or solemnise Health and Children to make regulations for the marriages only within a specified time. This is charging of fees, for example, for issuing being provided to facilitate circumstances where, certificates, undertaking the re-registration of an for example, a clergyperson may visit the State event, marriages, etc. specifically to solemnise a marriage of a relative. The required particulars to be entered in the The amendments provide for the lodging of an register of births, stillbirths, adoptions, deaths, objection to an intended marriage to a registrar, decrees of divorce and decrees of nullity of the processing of such an objection, and for an marriage are listed in the First Schedule to the tArd-Chla´raitheoir to publish all marriage Bill. A number of items in addition to those notifications received. This is being introduced to currently recorded are being included in each allow such information to be made available to register. The enactments being repealed are listed the public and supports the public and open in the Second Schedule to the Bill. nature of marriage. They also provide for an In order to produce an updated Bill on civil tArd-Chla´raitheoir to cancel an entry in the registration it was necessary to examine existing register of marriages in certain circumstances. legislation and identify those provisions which are I wish to advise the House that I will be obsolete, needed to be restated or retained. As a introducing a number of other amendments to result, including those associated with the the Bill on Committee Stage including measures amendments to marriage law which I will outline to allow for: the registration of stillbirths in shortly, a total of 28 Acts dating back to 1844 are specific circumstances on ships and aircraft and to being repealed in whole or in part. Of this total, members of the Permanent Defence Forces and 12 Acts were passed in the 19th century. This Garda Sı´ocha´na while serving abroad, as well as work alone is a clear example of the making provision for the registration of births Government’s commitment to regulatory reform. and stillbirths occurring on board an Irish ship or As indicated earlier, I intend to bring forward an Irish aircraft prior to the commencement of a number of amendments to Part 6 of this Bill, the relevant section; some degree of flexibility for which relates to marriage law, on Committee the Courts Service in entering details of decrees Stage. These provisions arise from of divorce and decrees of nullity into the register recommendations of the interdepartmental of decrees of divorce and register of decrees of committee on the reform of marriage law. Among nullity; the disclosure of information to persons the issues identified by the committee as engaged in medical or social research or to health requiring examination was the need for a board medical staff with the consent of the universally applicable framework of clear and Minister for Health and Children — this measure simple procedures to underpin the solemnity of restates an existing provision in section 7 of the the marriage contract. The amendments make Births, Deaths and Marriages Registration Act provision for: outlining the substantive 1972 which is being repealed; and persons having requirements for the solemnisation of a valid possession of existing manuscript registers to marriage, and for an interpretation service at the return these to an tArd-Chla´raitheoir. This marriage ceremony where necessary; flexibility in provision is being introduced to ensure that the respect to the time and venue at which a marriage old and now obsolete register books are returned may take place and for the payment of fees where to an tArd-Chla´raitheoir for security reasons. 279 Economic Plight of Irish Emigrants: 27 January 2004. Motion 280

[Mary Coughlan.] families and communities at a time of dire The amendments on Committee Stage will also poverty; provide: that references to life events specified in — shocked at the appalling conditions in the Bill could also refer to such events that could which many of these now elderly Irish citizens have been, but were not, registered under the are forced to live, which were depicted so enactments repealed; the inclusion in section 61 vividly in the “Prime Time” programme of additional offences consequent to the marriage broadcast on 22 December last; law reforms; and the inclusion in Part 5 of the First Schedule for the registration of the — acknowledging that while a number of occupation of parents or guardians where the Irish Governments attempted to address some deceased is under 18 years of age. This is similar of the issues concerning the plight of this to a provision included in the Social Welfare generation of Irish workers, not enough was (Miscellaneous Provisions) Act 2002. done and that there is no excuse for the failure I am also including a provision in this part for to tackle these issues during the Celtic tiger the registration of the place of birth of the period; deceased, and additional repeals of enactments — believing that the failure of the relating to marriage law to be Government to act in a time of relative 7 o’clock included in the Second Schedule economic plenty and especially the shocking arising from the inclusion in the Bill decision to cut funding for DION by 5% in of the additional reforms in this area. I will also be introducing a number of minor technical 2003 is a particular stain on its record; amendments to the Bill. — condemns the failure of the Government This Bill represents the first major reform of to implement the recommendations made by civil registration legislation since it was the Task Force on Policy Regarding Emigrants, introduced in Ireland in 1845. It is also a clear published in August 2002; demonstration of Government’s commitment to — calls for the early implementation of the regulatory reform. This means that all report’s recommendations particularly the stakeholders — citizens, service providers and establishment of a new structure to co-ordinate Government — will share in the benefits. the provision of services for Irish emigrants and The modernisation of the Civil Registration communities abroad, the Agency for the Irish Service is essential, both in its own right as it Abroad; and the establishment of a funding seeks to meet the needs of a modern society, but scheme for the provision of care and support also as part of the Government’s overall strategy services to elderly returning emigrants in of improving public services. It heralds a new era supported housing accommodation. for civil registration through the introduction of electronic registration and electronic registers. I wish to share time with Deputies Michael D. Our goal is that the delivery of all State Higgins and Howlin. services will meet the challenges of the new century. I commend the Bill to the House and An Leas-Cheann Comhairle: Is that agreed? look forward to a constructive debate on it. Agreed.

Debate adjourned. Mr. Rabbitte: I ask colleagues on all sides of the House, in a non-adversarial way, to support and endorse this Labour Party motion because Private Members’ Business. our emigrant countrymen, mainly male, middle aged or older emigrants of the 1950s and 1960s, ———— deserve no less from Da´il E´ ireann. There are no votes in this motion; there is no electoral dividend Economic Plight of Irish Emigrants: Motion. for the Labour Party but we owe this to our Mr. Rabbitte: I move: fellow countrymen or at least to those who have fallen on hard times in Britain and elsewhere. That Da´il E´ ireann: This country failed them when they were forced — acknowledging that hundreds of to emigrate and when we exported them without thousands of Irish people were forced, through a decent level of formal education. We took their English pounds and accepted their American economic and cultural circumstances to dollars because we desperately needed them at emigrate to Britain to earn a living through the time but we gave them back little or nothing. manual work, particularly during the 1950s Successive Governments regarded them as our and 1960s; vanished people and conveniently forgot them. In — conscious that this group is believed to more recent times, there were efforts, for have remitted, between 1939 and 1969, the sum example through the establishment in 1984 of of £3.5 billion to this country in that period DION by my colleague Deputy Quinn, to make which played a crucial role in sustaining some restitution but not nearly enough. It is 281 Economic Plight of Irish Emigrants: 27 January 2004. Motion 282 difficult to believe that while we wasted millions work camps, lonesome partings after trips home, of taxpayers’ money throughout the years of the periods of intense isolation and occasional Celtic tiger we failed to address the very real bitterness were also part of the picture.” human needs of the people we shipped out in the We also have a film record, the work of the 1950s, many of them ill-equipped for their new British documentarist, Philip Donnellan, in his environment. It is even more unbelievable that 1965 film “The Irishmen: An Impression of recommendations to the Minister for Foreign Exile” made for, but never shown by the BBC, Affairs in August 2002 by a Government which as it happens was made in roughly the appointed task force on emigrants remain on the same period and portrays much of the same world shelf. as described by Donall MacAmhlaigh in his diary. This is an important motion in that it gives the Young people in Ireland today probably have House an opportunity to debate the content of little awareness or understanding of what the life the “Prime Time” documentary transmitted of the Irish in Britain was like then — the before Christmas on the conditions in which backbreaking labour, the danger and the many of our citizens, men who emigrated in the overtime, the exploitation by their own, and the 1950s and 1960s to work on the building sites, British ethnic prejudice, “No Irish need apply”, now live in Britain. My colleague, Deputy hardly an improvement on the edict that faced an Michael D. Higgins, will address the wider earlier generation on arriving in Canada, canvass in his contribution. This motion concerns “Connaughtmen and horned cattle to the far a debt we owe as a people and a State, a national platform!” debt to those, our own, then young, men who, As Damian Harman described in his great through the dark days of the 1950s and 1960s, study of 1950s migration, Rural Exodus, many if were forced by dint of necessity to emigrate not most of these young men, some no more than mainly to Britain. As a result of failed economic youths, were ill-prepared for the world to which policy at home they could find no work, no living they were migrating. They had no desire to go in the then Ireland but there was work in Britain. but Ireland then was in the words of the historian There these men laboured hard, regularly in Joe Lee, “A sluggish society clinging to the appalling and dangerous conditions, often facing possessor principle.” Until the late 1950s our racial prejudice, to rebuild a war-damaged native Governments did not see employment or country and the necessary infrastructure of the economic development as real priorities; they saw post-war British welfare state. Through their full employment as unattainable and emigration hard-earned remittances home they put food on as a necessary safety valve, something to save tables, clothed families and enabled those them from inevitable social unrest. Indeed as families achieve some modest standard of living recently as 1991 the then Ta´naiste, the late Brian in a poverty-ridden moribund economy. Lenihan commented: “This country is too small Emigrants’ remittances, the money sent home to to support all her people.” Ireland by these men, were also economically These men had to go. In many cases, they were important, for example, in respect of the State’s grossly exploited by their employers — in many balance of payments figures. instances Irish contractors and subcontractors — It has been estimated that between 1949 and under the system known as the Lump, a black 1989, more than 800,000 people were forced to economy system that still survives, including in leave Ireland, approximately one-fifth of the Ireland, as anyone who knows the inner workings current population of the State. Approximately of the construction industry knows. The Lump half this outflow occurred during the 1950s. The put many of them outside the social insurance nadir was reached in 1955 when 55,000 young system, now a serious problem in later life from people left our shores. That migration included the point of view of, for example, pension many tens of thousands of these young men, as entitlement. they then were, who went to work on It has been said of this migration that these construction sites abroad. men disappeared in silence while domestically, We have some accounts of how these men their emigration was a silent haemorrhage, lived, none better than Donall MacAmhlaigh’s treated by denial. While some managed to return Dialann Deoraı´, an Irish language classic first home many more did not. Many of them, published in 1964 and in 1970 translated into including Donall MacAmhlaigh, settled in Britain English as The Irish Navvy — the Diary of an and made good, fulfilling lives for themselves and Exile, by the poet and diplomat, Valentine their families and played no little role, including Iremonger. The current publisher of the in Labour Party politics and the broader labour Iremonger translation in a marketing description movement, in the building of modern Britain. of the book atmospherically captures its content: However, many also did not or could not return “Backbreaking, blister-making work, followed by home and did not make for themselves successful pints of the black stuff in the Admiral Rodney, lives in Britain and are now incapable of work or the Shamrock, the Cattle Market Tavern ... beyond working age, living lonely lives in poverty Workless and foodless days, the hardships of and ill-health, homelessness and squalor, ageing 283 Economic Plight of Irish Emigrants: 27 January 2004. Motion 284

[Mr. Rabbitte.] force of experts which it established to advise on survivors of a way of life which thankfully has an appropriate course of action for Government changed in the main for the better, although policy regarding emigrants. remnants of it remain. On the 5 February last in an Adjournment The documentary made by “Prime Time” most debate, the Minister of State at the Department graphically brought home to everyone who saw it of Enterprise, Trade and Employment, Deputy the conditions in which these men live, the Michael Ahern, described the report as “a homelessness, problems of poor accommodation, milestone in the process of developing a coherent the health problems, the scourges of alcoholism, long-term approach to our emigrants and their depression and suicide and the work of the needs”. That is a sure indication that the British social services and Irish voluntary social Government had not the slightest intention of groups assisting them. The establishment in 1984 acting on the recommendations, especially the by my colleague, Deputy Quinn, of the State financial ones. These were for a significant committee, DION, as a grant-giving agency increase in funding for immigrant services world- aiding and assisting voluntary care agencies wide, representing some \18 million for 2003, meant that the State recognised the debt owed to increasing to \34 million in 2005, with \8 million these men and the duty we owe them as Irish of this for welfare services in Britain in 2003, citizens. It is perhaps some measure of the scale rising to \12 million in 2005. This may be a of the problem that in 2002 these DION-assisted significant increase but it is paltry in the context agencies throughout Britain dealt with 30,000 of the sums wastefully spent by the Government. people. Yesterday I received an invitation to the launch There is perhaps some tendency to think of this by the Minister for the Environment, Heritage problem as essentially a London one. It is true and Local Government, Deputy Cullen, of his that the scale of the problem is significant in shiny new electronic voting and counting system London but that is by way of the nature of things. at a cost of \36 million. There was no electronic It is not confined to London. One indication of voting when we drove these men out and the this was the remark made by Ellen Stagg who, shiny new equipment will not count them now. with her husband Michael in 1993, established the This year’s Estimate of \4 million is no more Coventry Mayo Association. Speaking at a fund- than half what the task force recommended as an raising event in Mayo last April she said: appropriate cash allocation for Britain for last year. Another of the report’s recommendations, The youngsters are in their fifties. Many of namely, the transfer of responsibility for emigrant the older people, in their seventies, are lonely policy to the Department of Foreign Affairs, and isolated, particularly from the Irish including the transfer of DION from the community and its culture. Some of them need Department of Enterprise, Trade and the help and support of the people of Ireland Employment, simply became the occasion for a and of the younger people in Coventry. cynical exercise in pass-the-parcel. Not for either This is not exclusively a problem of rural migrants of these fine upstanding, thrusting, modern either since many of those involved in the Departments and their Ministers anything as un- migration came from Dublin. modern and unfashionable as caring for old men The recognition given through DION has been in Camden Town. The policy of this Government insufficient, most woefully so during the years of amounts in effect to paying lip service to our the economic boom — the so-called Celtic tiger debt, œlaDeputy Coughlan, wishing that it years. To add insult to injury, last year the would go away or, even worse, “Leave it to the allocation was cut to \2.5 million compared to Brits”. \2.7 million in 2002. The Minister of State at the The late Valentine Iremonger, an officer in the Department of Foreign Affairs, Deputy Roche, Department of Foreign Affairs, could devote his speaking in London last July told his audience considerable literary talent to giving us a fine this cut “represents a continuing and high level of translation of Donall MacAmhlaigh’s Dialann support for the Irish voluntary sector in Britain”. Deoraı´. I am both surprised and disappointed The Government also argued that the fall was that the present Minister for Foreign Affairs can offset by exchange rate gains, while the find neither the time nor commitment to give real Taoiseach’s very own “Mary from Dungloe”, the effect to the recommendations of the task force, Minister for Social and Family Affairs, Deputy which he received in August 2002. It shows how Coughlan, had the gall to tell a London gathering far the third generation of Fianna Fa´il has grown in July, at the launch of the Irish Pensioners away from its roots. Network of Great Britain, “We in Ireland are in There is another aspect to Donall your debt because all of you contributed so much MacAmhlaigh’s book, an important theme to the Irish economy when times were hard.” relating to a different sphere of public policy, How has this Government shown its another aspect of the rural exodus. This is his indebtedness? By nothing other than the binning lament for the linguistic loss represented by much of the report and recommendations of the task of this cruel emigration. Many of the men came 285 Economic Plight of Irish Emigrants: 27 January 2004. Motion 286 from Gaeltacht areas and were native speakers. those voluntary agencies and individuals who MacAmhlaigh observed: have worked over the years with the Irish in Britain, particularly those who have found If any of them get married over here...itis themselves on the margins of society. in English their family will be reared, even if The report of the task force to which I have they themselves speak the old tongue, as a lot made reference was published in August 2002 of the Gaeltacht people here do. So all this and made some specific recommendations. The Irish that could be handed on to another Labour Party motion makes reference to the generation is going to waste. Seeing that this is miserable cut in 2003 to the funding for DION in so, it’s a miserable Government that won’t do Britain. Having attended some of the meetings in their best to keep these people at home. Brent, Haringey and Islington, I can see the limits This miserable Government cannot even get its of DION’s access to the Irish, some of whom are act together on the question of official status for in the worst conditions. the Irish language as a language of the European Perhaps we have so immiserated ourselves at Union. This miserable Government refuses to get home that we are now incapable of considering a its act together in respect of the stark tragedy that problem which was in front of our faces in is the situation in which many of our elderly London at the end of the 1980s and earlier. We citizens in Britain, men who through their have spoken with such lack of precision about the remittances in the 1950s and 1960s kept families problem, even though the evidence is there. I will and communities at home going, tragically now refer later to the number of people who worked find themselves. This miserable Government has on the buildings on the “lump”. They met at 6 a duty to assist those in London and other British a.m. in Camden Town and were picked up to be cities who do excellent work on shoestring driven to sites. There is a significant difference in budgets with the “vanished people” that some in the terrible conditions they endured, which were the modern Ireland would prefer to forget. recorded in books such as Ultan Cowley’s, The The poet and patriot Joseph Campbell in 1913 Men Who Built Britain, and earlier works by wrote the poem The Emigrant, the final verse of novelists such as Patrick McGill. which is as follows: Even though there were no facilities for food, Five hours will see me stowed aboard, the work was long and people were pushed into pubs, the semblance of a rough social The gang-plank up, the ship unmoored. organisation was kept together. As the economy Christ grant no tempest shakes the sea, of Britain changed and that form of road building no longer predominated, the workers found Farewell to barn and stack and tree. themselves in urban settings being recruited for I commend this motion to the House. projects in twos and threes. They grew old carrying the burden of injuries received without Mr. M. Higgins: I welcome the opportunity to social insurance and health protection. say a few words on this important topic. All the analysis is inclined to forget the I am limited by time in the references I can importance of life cycles in the structure of the make to the research which has been carried out. migratory experience. A total of 59,000 people The topic has been researched to death but what were exported from Ireland in 1957, only a year has been needed is response to and action on the before the first programme for economic recommendations which have been made. Most expansion. The Central Bank was sending recently, the task force on policy regarding messages to the Government that the economy emigrants reported and, as Deputy Rabbitte could not continue as it was and T. K. Whitaker stated, its recommendations should be was shuttling between the Department of the implemented. However, there have been several Finance and the Central Bank every day before other studies. I recall attending some of them as the new programme was introduced. I began carrying out research in this area in In the decade that surrounded that programme, another life in 1969. the number of emigrants never fell below 30,000 I remember attending presentations of research and many were female. During an earlier post- from the Irish in Britain research forum in 1988 Famine migration between 1881 and 1891, when the cause and nature of the problem was women outnumbered men. One of the reasons laid out. It is important to realise we are referring was the railways. British Rail carried people and to Irish women as well as men. The Irish women offered them accommodation and a job. My in the modern period are divided into two clear sisters emigrated to Manchester in this fashion in groups, namely, those who went into nursing and the 1950s. The advantage was one had a place those who today occupy a disproportionate to stay. number of jobs in the service sector in cities like As their life cycle evolved, the people who London. were shown in the “Prime Time” programme I congratulate the makers of the recent “Prime grew older and were no longer able to work as Time” programme of December 22 last and all they did previously. This has been highlighted in 287 Economic Plight of Irish Emigrants: 27 January 2004. Motion 288

[Mr. M. Higgins.] However, it is as if we did not want to admit it study after study. I read a study published last had happened. year about London, which highlighted Irish I read letters written by people who had emigrants resided primarily in unfurnished, emigrated to the US and Australia. We stopped private rental accommodation. They were writing to the people in Australia because there exploited in appalling conditions by many of their was no money in the letters and, as Liam own — Irish landlords — in the same way the O’Flaherty’s powerful short story, The Letter, badge of property was put on the fields following shows, the first thing the man checks is the money the Famine, as those who stayed at home put the in the envelope and says there is the price of a stamp of ownership on the fields. They could horse in that. Those who emigrated in the 1950s forget those who had left but they took their began writing letters home but then, because of dollars to build churches and to pay shop bills the circumstances in which they found and rack rents and so forth. Irish people exploited themselves, they stopped writing. The time then Irish people in the same way. came when they did not travel home for I recall a powerful image from 1968. I saw a Christmas any more and the connection was prominent Irish builder in Britain calling into the broken. That from which they came had changed Conservative Club in his Rolls Royce on the way utterly and there were no networks of connection. to Old Trafford, not unlike today, while the They got lost in London and yet, as Deputy people who were his pawns queued to get into Rabbitte said, they sent money home and it built the ground. Such people have always existed but up in Irish accounts. It is listed every year. we have come to a point at which we recite a We have a long history of several migrations. regular patter abroad that Ireland is the second One of the last waves was between 1987 and 1989. richest country in Europe and the fourth richest It is sometimes assumed correctly, for example, in the world and it has the fastest economic that those emigrants were better educated than growth rate and falling unemployment. However, those involved in the great haemorrhage of the for good measure, Ireland has the most costly late 1950s. However, buried in these statistics is housing in Europe but no reference is made to the fact many young people from Dublin and that, or to the absence of social protection similar other cities who left in the 1980s did so because to that provided in the Scandinavian or other they felt could not measure up through some European models. deficiency or other and, as the Action Group for Irish Youth and others point out, they found An Ireland has been created to which these themselves in hostels. emigrants could not dream of returning. We have Interestingly, as part of the new amnesia and been so miserable as not even to provide for their the construction of a suitable mentality for a rich return on holiday. It is as if we have reinvented country that does not worry about how the riches ourselves and have amnesia about the 1950s. are distributed, we are too inclined to invent new We never speak about the comprehensive anti- attitudes to match, thus there is a subterranean, Irish racism that prevails in Britain. It abated in poisonous flow of anti-immigrant feeling, which, 1894 but those of us who have examined the no doubt, will surface during the coming literature of the time can recall the ape-like post- elections. A total of 57,651 harvesters arrived in Darwin caricatures contained in it. These England in 1841. William Cobbett described them drawings were not jocular or something to laugh as “hundreds of squalid creatures tramping into at as they were deeply and offensively racist. This London without shoes, stockings or shirts, with tradition has been kept alive by the London nothing on the head worthy of the name of hat Evening Standard. Why have successive and with rags hardly sufficient to hide the Governments not pressed for the recognition of nakedness of their bodies”. It is part of the the Irish in Britain as an ethnic group? intellectual trappings of a modern country Most importantly, sufficient research has not advertising itself as rich that it would produce been conducted on the sums emigrants deposited attitudes to match towards people who travel to in accounts, as perhaps they pathetically sought these shores, whom we should welcome. to avoid accountability in Britain and elsewhere. Following four year’s work in this area, I found These sums lie in dormant accounts. It does not that one feature that characterised Irish take rocket science to assess how much lies in migration in the modern period, above all else, such accounts and we should have first call on it was its circulatory character, which had been to address emigrant issues. I recall the images of neglected. Most of the images are of people people on “Prime Time”. The bias that existed is leaving for America or Australia when it was a interesting. Irish writers have been better than form of death. However, throughout the late Irish social scientists at recording migration. I 1950s people were coming and going all the time, taught the first course on the sociology of thereby changing the values of people at home migration on this island in the early 1970s. Since and so forth. This is supported in all the research then, courses have been introduced in colleges in conducted in the modern period from the Maynooth, Cork, Belfast and elsewhere. Limerick rural survey through John Jackson and 289 Economic Plight of Irish Emigrants: 27 January 2004. Motion 290 others. However, what I remember noticing is who gave to us, when people wore shoes they got that this circulating group had valuable, humane in parcels and depended on letters from Britain. values of their own. They are in a kind of line Let us not distort the figures. The 1998 to 1990 from the seasonal migrants of pre-Famine days. figures are very important. The emigrants of In 1969 I met the sugar workers in Nissen huts those years were different from those of the in Telford. I heard a man speaking to his son in 1950s. In the 1950s unskilled men went to work Irish about a deal done so that there would be a on building sites and women went to work in supply of labour for the British Sugar nursing and service occupations. Buried within Corporation. It is when they are no longer able to the statistics for the 1980s and 1990s are a far circulate that they find they cannot return home more vulnerable group. These are the young because of age, a mixture of personal difficulties males not as physically strong as those of the or absence of clothes. A returning migrant needs 1950s and females who were not entering the to come home, not only with a shirt but with the professions, as one would expect, but who were minimum to be able to present himself or herself going into the lowest paid, most vulnerable and with dignity. We have put incredible barriers at-risk service occupations. between ourselves and that part of our history I am delighted to be able to support this and this part of our own people. motion. When I attended a research conferences I find it hollow to hear people speak about a as late as April 1988 a woman spoke of having diaspora, as if we were something shaken from a been given a voucher for £39 to go home to pepper canister and that there was nothing Ireland. Is it not interesting that we have so involuntary in it. People were deported from this progressed morally that we are now offering country in the 17th century and were driven from people vouchers to go back to their homes, the so-called republic of the 1940s and 1950s. wherever they may be? It is time we tried to lift They were driven from homes to line up in the burden of shame that lies on every Galway station with cardboard suitcases for ba´d Government that did so little for the Irish in Britain, and particularly those at risk. na himirce. We badly injured ourselves in developing a Mr. Howlin: It is always challenging to be third kind of blindness and being unable to respond to in a sequence of speakers following Deputies situations such as this. It is curious that a country Rabbitte and Higgins. It is particularly daunting of landless people always needed its landlords. when the subject is one in which both are so well Very few people speak about the agricultural versed, particularly Deputy Higgins who is an labourers, most of whom were wiped out in the eminent sociologist. The issues which have been Famine and in the emigration that immediately so well addressed in this debate involve a followed it. Not everyone died in the Famine. Just compelling moral argument for all of us, across before the land Acts of the end of the 19th party lines. This issue is to our collective shame. century the graziers, who had both an Irish flag Like many of my colleagues who will speak and a crucifix overhead them, had more land than tomorrow, I will present a local focus. I come the landlords had ever had. It is part of the from the maritime county of Wexford. The contemporary definition of ourselves in Ireland picture of the port of Rosslare could be replicated of the present time that we still need landlords. in almost every county in Ireland. Even in my In 1934, peasants would stand at the Galway own lifetime I remember the bleakness of visiting races and say to the greatest gombeen of them the port of Rosslare when people from all over all, Ma´irtı´nMo´ r McDonagh, “Lead him in the country would arrive, tanking themselves up yourself, Mr. Martin.” In the same way, there are for the journey across the Irish Sea to return to people forelocking the extremely rich people who their place of work, having been home for the have made fortunes out of speculation and State visit. For decades that journey took place, assets and who can barely stay here for 90 days. weekend after weekend. We all remember the The suggestion is that the great people, the summer and Christmas visits. landlords and super-rich, will somehow, in an Entire communities, villages, towns and attack of philanthropy, relieve us from our districts survived on the remittances received obligations to the people who came from every from those we dispatched abroad. Their plight village in Ireland and who built Britain. today is one that shames us in the wonderful light All the different studies have been done. We in which we present ourselves at the cutting edge know that the study for London is different from of modern Europe. We are wealthy, able and self- the national study. We know how many have an confident but, as Deputy Higgins has so ably said, Irish father or mother, how many are second anxious to blank out a chapter of our own history generation Irish, where they are concentrated, and to forget those upon whose endeavour, work, who is in Arlington House and who is in all of sweat, commitment and very life’s blood our the different hostels. We also know, in the most prosperity was built. prosperous period in Irish history, that no one is As a local public representative, I visited the lifting a finger to give back something to those various county associations in Britain. As mayor 291 Economic Plight of Irish Emigrants: 27 January 2004. Motion 292

[Mr. Howlin.] publication of the task force report in August of Wexford I have had the privilege of visiting 2002; county associations in every major conurbation in — recognises that the task force report the United Kingdom. The members of those represents a template for future action in this associations were always anxious to associate area and that the implementation of its wide- themselves with their native place and would ranging recommendations will have to be often tell me that although we had often phased over a number of years; forgotten them, they had never forgotten us. We remember people coming home for Christmas, — acknowledges the efforts made by the dressed to the nines and having the few bob to Government so far to implement the spend to give the pretence of prosperity, knowing recommendations of the task force report; that they had exhausted their entire savings for — welcomes the Government’s priorities in months on end to save face and to present a good targeting resources on the most needy among image to those who were left at home. our emigrants, including the elderly, those who In the face of that reality, which was painted are at greatest risk of marginalisation and so vividly and morally compellingly in the RTE social exclusion as well as returning emigrants, programme, the Government amendment is and on improving the capacity of voluntary shameful. It acknowledges that “some of those organisations to provide more effective services who left were inadequately prepared for the for emigrants; challenges of living abroad and require special assistance and support”. It is their failure because — welcomes the changes in pension they were inadequately prepared for the eligibility introduced by the Government and challenges of living abroad. This is a denial of the the consequent increase in pension failure of Ireland of the 1940s and 1950s, from entitlements for emigrants abroad which this which they were expelled, and of the education year is expected to amount to \80 million; systems that did not prepare them to have any — welcomes the allocation of \4.063 million life chances in a new environment. Those who this year in the Vote for the Department of made it were the exceptions rather than those Foreign Affairs for emigrant services; and who endured to sustain those at home. We can and must do better. — commends the Government for its It was said emigration was a safety valve. The commitment to address the needs of our Establishment at the time was not concerned at emigrants abroad.” the haemorrhaging of the youth and best people I wish to share my time with Deputies O’Connor of Ireland. It was more concerned that those who and Mulcahy. went abroad and were radicalised and understood the deficiencies of the sort of system that was An Ceann Comhairle: Is that agreed? Agreed. bedding down in this country might come home and radicalise us. Mr. Cowen: I welcome the opportunity to This issue goes beyond party politics and I am debate this issue which relates to a report we proud to be associated with it. I commend it to have had for a couple of years. The motion was the House and hope the testimony of so many probably motivated by the recent “Prime Time” people in this debate and those reaching into this programme which highlighted some of the issues House from around the globe will impact on the for the most vulnerable emigrants who Government. unfortunately require further assistance and should, and I hope will, obtain such assistance in Minister for Foreign Affairs (Mr. Cowen): I due course. move amendment No. 1: None of us has to divide on the haemorrhaging To delete all words after “Da´il E´ ireann” and of the emigration since the time of the Famine. Joe Lee’s book which has been mentioned covers substitute the following: the period from 1912 to 1984 and encapsulates “— recognises the great contribution that much of our national life. Successive many Irish emigrants have made over the years Governments since the birth of the State had to to the development of their adopted countries contend — not, they would claim, totally as well as to Ireland; successfully — with difficulties and a far more hostile political and economic environment. — acknowledges, however, that some of While I do not question the sincerity of some those who left were inadequately prepared for of the emotive language used and the images the challenges of living abroad and require portrayed in the speeches made, this problem is special assistance and support; not one of which I am unaware. Every family has — commends the decision of the had an emigrant experience. I am the son of Government to establish the task force on emigrant who went to the United States as a 15 policy regarding emigration and welcomes the year old in 1948. On both sides of my family 293 Economic Plight of Irish Emigrants: 27 January 2004. Motion 294 people have worked “on the lump” in England, prescience he showed in his book and the wide Canada and the United States. In case I have to knowledge and erudition displayed, he could not listen to the charge by the Labour Party leader have contemplated the level of growth, that I have grown away from my roots, I am improvement and transformation we have seen personally aware of the experience of Irish since. That is not to forget the institutional emigrants abroad for that generation, including memory of inadequacies of the past. However, we those who have come back and those who should recognise that thankfully we are in unfortunately have not. The speakers so far have different circumstances now as a result of acknowledged that no Government has been increasing levels of prosperity. enlightened or responded to the extent we would While there still some 20,000 people emigrating like to have seen up to now or for the future. We every year, many of these are young people who must take on board that history and experience. are taking a year off to see the world before they As I contribute to this debate, it is not from a return to Ireland to settle down. Among those position of privilege or lack of awareness. some still go as ill prepared and ill equipped as As a result of the social partners discussing the those who went in the 1950s. There is now net PPF, a very good proposal was made for the inward migration as a result of the large numbers establishment of a task force on emigrants. There coming here from abroad in recent years, many is a very stereotypical view of the emigrant of them returning emigrants. experience. While this is stereotypical, it is not We should also look behind the statistics and inaccurate in its totality. We have knowledge of examine the experience of those who have the hardships borne by people who because of emigrated. Many have created very good lives for economic necessity involuntarily left this country themselves and their children and have integrated for other parts of the world to find their fortune well into their adopted countries. They have or simply to earn a living elsewhere, many of made significant contributions to those countries whom have assimilated well into those societies. as well as promoting a positive image of Ireland In our understanding of that experience we abroad. We can be proud of their achievements. have never seen the positives of emigration to the The task force acknowledged this in its report. It extent we could have. In other words, while very argued that emigration should be seen in a more many went involuntarily, they adapted, made positive light, as part of the process of their lives, reared families, assimilated, constructive engagement which has characterised contributed and in later generations continue to Ireland’s interaction with other countries for contribute to the building of those countries while centuries. As we take up the responsibility for keeping a great sense of Irishness. They have those who have difficulties and problems, the task highlighted and upheld the Irish language and force has quite properly put that perspective into culture in more difficult circumstances than we the mix. had at home. I acknowledge all of this and do not We should view the emigrant experience in this argue with the contributions so far which have wider context and not automatically see it encapsulated that experience. through a prism of failure, as some commentators Emigration is a deeply emotive subject, on occasion choose to do. Many of our emigrants touching as it does, at one time or another, every have maintained the strongest links with Ireland. family in the country. Ireland occupies a This has benefited the country greatly, most remarkable place in world emigration terms in importantly in the past through remittances sent that in recent centuries very large numbers of our home. However, Irish emigrants and, in people have emigrated relative to our overall particular, their descendants have also over the population. It is estimated that, of the 3 million years made a distinctive contribution to the or so Irish citizens abroad, almost 1.2 million development of Irish economic interests. The were born in Ireland, the equivalent of establishment of the Ireland America Economic approximately 30% of the present population. Advisory Board is a particularly good example However, we must look at the subject of of this. More recently, the acquisition of valuable emigration in its proper context. In statistical skills by emigrants who subsequently returned terms, the number emigrating from Ireland has home to live and work has greatly benefited the declined very substantially in recent years. In the modernisation of our economy and country. past 50 years there were two periods of I recognise that the experience of emigration substantial emigration, in the 1950s and the 1980s, has not been a success for everyone. We cannot due mainly to difficult economic and social but be moved by the plight of those people who conditions in Ireland. In the 1950s the average gave up so much for their families at home and outflow was 40,000 per year and in the late 1980s for their country and who now suffer health and the figure was 27,000. other problems. Even today, some of our As a result of increasing levels of prosperity in emigrants are vulnerable people who are at risk more recent times, those days are behind us. I of exclusion and marginalisation and who are would love to see a follow-up book from Joe Lee unable to manage abroad without special support. covering the period since 1984. Even with the The reference in my amendment to the motion is 295 Economic Plight of Irish Emigrants: 27 January 2004. Motion 296

[Mr. Cowen.] try and regularise the situation of the not patronising. Many involved in emigrant undocumented in the United States by the services confirm that there is a need to build up introduction of a new temporary work permit pre-departure services to equip people, ensure scheme. This is not a total solution but it is the that they understand that which faces them and first inkling of improvements in the situation in that they are as prepared as possible for that America, post-11 September. The President’s experience. proposals will have to be approved by the We should not forget also that the primary Congress and it is too early to say what responsibility for the provision of the proper care amendments may be made in the course of their and protection for vulnerable people in any passage through Congress. Nevertheless, I believe society rests with the statutory authorities in that this initiative represents an important first those countries. We need to forge a partnership step in addressing the situation of undocumented approach, which harnesses the resources and foreign workers in a pragmatic and commitment of the Government with those of compassionate way. host countries and of the voluntary agencies, to I do not claim that everything that has been provide the best possible support for those of our done represents a sufficient response. On the emigrants who require it. contrary, it was precisely because the Successive Governments have for many years Government recognised that more should be provided financial assistance to voluntary Irish done that it agreed, after consultation with the agencies in Britain, the United States and social partners, to establish the task force on Australia which have been offering welfare policy towards emigrants. The background to this services for vulnerable people. I take this was the Harvey report, commissioned by the Irish opportunity to pay tribute to the many Irish Episcopal Commission for Emigrants and the people and others abroad who have established Irish Commission for Prisoners Overseas in 1999. and maintained these agencies and who have That report assessed the current pattern of Irish done so much to help the less fortunate of their emigration, reviewed the policy responses and fellow citizens. They have worked tirelessly and services provided by the Government, the selflessly and deserve our heartfelt thanks and Catholic Church and other voluntary agencies appreciation. and set out the main policy challenges that would During the second wave of emigration in the arise over the ten-year period ahead. It concluded 1980s, the then Minister for Labour, Deputy that there was a need for a Government Quinn, established the DION fund for the commitment to a partnership approach to the provision of assistance to voluntary Irish agencies subject of emigration and the development of a in Britain. A total of over \18 million has been coherent and effective policy, funding and service disbursed from that fund since it was established. infrastructure and recommended the Since the early 1990s, assistance has been establishment of the task force to which I refer. provided by my Department to voluntary As a result of discussions leading to the agencies in the United States. Almost \4 million Programme for Prosperity and Fairness, it was has been allocated to services for Irish emigrants agreed that the task force should be established. in the US since then. The principal purpose of the task force was to I wish to emphasise at this stage that the advise on the development of a coherent long- particular problems of elderly and isolated Irish term policy approach to meeting the needs of our emigrants in Britain have received special emigrants. I instructed that the task force be consideration and will be a high priority for us. established and it held its first meeting in The DION committee takes particular account of December 2001. It met on nine occasions and this in the allocation of grants to voluntary Irish invited a number of specialists to make organisations in Britain which cater to the needs presentations to it. It also sought and received a of elderly members of the Irish community. Over wide range of submissions from members of the half the DION fund, approximately \1.3 million, public and interested organisations at home and went to vulnerable groups last year, \873,000 abroad. Members of the task force travelled to went on projects for the elderly, \119,000 on Britain, the United States and Australia and met repatriation projects and \332,000 on Traveller a wide range of individuals and groups, as well projects. as public representatives with an interest in Irish In the 1980s we worked closely with our friends affairs. The task force also commissioned a in the US Congress, notably Congressmen research study to review existing statistical data Morrisson and Donnelly, who were spearheading and literature on Irish emigration in the countries efforts to help the undocumented Irish in the US. that are or have been the main destinations for Those efforts brought substantial benefits but did Irish emigrants. This study provided much useful not entirely solve the problem and there information which assisted the task force in continues to be an unknown number of forming its conclusions and recommendations. undocumented Irish in the US. I welcome the I asked the task force to look at all aspects of recent initiative announced by President Bush to emigration, including pre-departure services for 297 Economic Plight of Irish Emigrants: 27 January 2004. Motion 298 emigrants before they go abroad, services for Foreign Affairs for services to emigrants in 2004. emigrants after they leave the country and This brings the overall expenditure on such services to returning emigrants who wished to services this year to just over \4 million, an come back to Ireland. I also asked it to pay increase of one third on 2003. I hope to be able particular attention to the needs of young and to find some additional funds through savings in disadvantaged emigrants, who are at greatest risk my Department’s Vote later in the year. That will of social exclusion and marginalisation when they enable me to increase this amount even further. go abroad, and to the needs of returning I intend to allocate the bulk of the additional emigrants, especially the vulnerable and the \1 million to the DION fund. There is no doubt elderly. I stressed that what I wanted was a set that Britain is the country with the largest of pragmatic and practical proposals that would concentration of vulnerable Irish emigrants. enable concrete improvements to be made over Accordingly, I am pleased to announce that a time. total of \3.57 million will be allocated to the I did not set any limits on the ambition of the DION fund this year. That represents an increase task force. I gave it a completely free hand to of 30% over the total expended in 2003. It is a make whatever recommendations it considered significant increase but I am determined we can appropriate. The task force produced an excellent and will do better as quickly as possible. report and I want to commend individuals who I have also asked that the DION committee served on it and, in particular, the chairman, Mr. give priority, in allocating its grants this year, to Paddy O’Hanlon, for the extraordinarily high areas highlighted by the task force. I have in mind level of their contributions and for the speed and in particular support for the elderly. I also want efficiency with which they completed their work. to ensure that voluntary Irish agencies are in a The report sets the phenomenon of emigration position to increase their own capacity to access in a modern and forward-looking context. It funding from other sources as well as to improve recognises the achievements of our emigrants and the effectiveness of their services. That acknowledges their needs and provides a immediate priority was identified by the template for the future that will guide us in trying Federation of Irish Societies, representatives of to meet the needs of the Irish abroad. I welcomed which I met. I allocated an additional \150,000, the report when it was published in late 2002. from savings to the federation in Britain to enable This was after the Estimates had been agreed for it to launch a major five-year capacity-building 2003 and, therefore, it could not be taken into project. This is crucial if the federation and its account at that stage. I also made clear that the affiliated bodies are to secure greater access to report contained many wide-ranging and far- statutory and voluntary sources of funds in reaching proposals and that their implementation Britain. This represents the beginning of a would have to be phased over a period of years. process. I did not believe then, and this remains my view, These issues should also be addressed in the that it would be possible to implement all of the wider east-west context between Britain and recommendations at once, even if the level of Ireland. Ministers who take part in discussions resources advocated could be provided. with their British counterparts under this On receiving the task force report, I established umbrella are and should be aware of this an interdepartmental working group to examine dimension. The same applies to ministerial its recommendations and report back to me. I contacts with other countries where there are received the working group’s report late last year. large Irish populations. The task force made 71 recommendations, some It is not the case that funding for emigrant of which overlap somewhat and fall within the services in Britain was cut by 5% last year. In fact, the total amount allocated for 2003 was remit of a number of Departments. I have asked \ all relevant Departments to examine those 2.748 million, which represented a 8 o’clock slight increase on the previous year. recommendations to see what progress may Funding for emigrant services in already have been made in advancing them and Britain, primarily through the DION fund, will what further measures might be taken in the short have increased from \592,000 in 1999 to \3.57 to medium term to do so. Overall, I estimate that million in 2004. This is close to an overall increase action is underway on over 50 of the 71 of \3 million during that short period. By any recommendations. standards, however critical, this is a significant My Department assumed responsibility for the achievement. These figures contrast with DION DION fund from the Department of Enterprise, funding by the rainbow Government. The total Trade and Employment last year in order to give amount for the three years, 1995, 1996 and 1997, effect to one of the task force’s recommendations, came to just over \2 million. This year’s namely, that funding for emigrant services abroad allocation alone is double the amount allocated should be brought together under the during the three years of the rainbow Department of Foreign Affairs. We announced Government. last September that we had secured an additional In the case of the United States, I propose to \1 million in the Vote for the Department of allocate a total of \400,000 in 2004, representing 299 Economic Plight of Irish Emigrants: 27 January 2004. Motion 300

[Mr. Cowen.] Another area where work is being done to an increase of 33% on last year. I also propose to improve the situation for emigrants relates to pre- increase the funding to Australia, which is departure services. There can be some admittedly on a low base, to \48,000, an increase misconceptions about the nature and purpose of of 25% on 2003. As in the case of the DION fund, pre-departure services. They are not designed to I am proposing that, as the circumstances of the encourage emigration but to equip people with emigrant community in each of the countries the skills they need to cope with the challenges dictate, a proportion of these increases should be of living abroad. I recall, as Minister for Labour reserved for projects that would give effect to in the early 1990s, setting up an innovative FA´ S priorities identified by the task force. These scheme designed to identify job opportunities for include capacity building, assistance for elderly those who intended to work abroad and returning emigrants and projects to promote commensurate to their skills. At the time I was more effective networking and information accused of promoting emigration, being defeatist sharing between the voluntary agencies abroad. and of being prepared to let people leave rather I am also determined to help the voluntary than provide jobs at home. There was not agencies in Ireland that provide assistance to sufficient economic activity in the country to do intending and returning emigrants to improve the that. However, we were also prepared to let these services they offer. To this end, I propose to people go without being prepared to provide a grant to E´ AN, the umbrella body for acknowledge that something could be done for Irish voluntary agencies providing services to them when they were leaving. The issue was a emigrants, to assist it to provide more effective political hot potato for me as Minister for Labour support to its members. This will help to increase and for Members on the Opposition benches. the effectiveness of these agencies and will I was seeking to establish a FA´ S scheme promote greater communication and co- whereby there would be placement officers on ordination between voluntary agencies at home the Continent and in Britain to ensure that and abroad. emigrants with skills could get jobs I have set out in detail the resources being commensurate with those skills. provided by my Department for services to emigrants this year. However, it would be Mr. Rabbitte: In fairness, there is a long history misleading to conclude that this is the extent of to that. It was Mr. de Valera who started it. He the Government’s support for the Irish abroad. believed it would be seen as encouraging Other Departments are also providing valuable emigration if he had preparation committees in assistance, particularly in the provision of pre- place at the time. emigrant information and advice, and assistance Mr. Cowen: Plenty of people of this political to returning emigrants. The Department of Social generation from all sides of the House, who and Family Affairs is this year providing \427,000 operate in a more benign economic and political for the co-ordination and delivery of pre- environment, throw brickbats at the founding departure services and services for returning fathers of this State. In fairness to Professor Lee, emigrants. It works closely with the Federation of he gives some credence to context. While one can Irish Societies in Britain and the Coalition of Irish claim that they could and should have done Emigrant Centres in the USA providing support better, they operated in a far more hostile and information to both groups. environment with fewer resources and less Up to 2000, people who had paid social capacity than is the case now. It is a cheap shot insurance contributions prior to 1953 could not to compare what we are achieving now with what use these for calculating entitlement to a was done in the 1940s. If we were half as good as contributory pension. However, in 2000, the they were—— Government introduced a half rate contributory pension for people with pre-1953 contributions Mr. Rabbitte: I am merely agreeing with the who otherwise might not qualify. Roughly 60% Minister’s point. He is contextualising to the of those who qualify under this scheme are 1980s and I am saying the same attitude prevailed people living abroad, mostly in the UK, who in the 1940s and 1950s. worked in Ireland prior to 1953 and, therefore, made the necessary qualifying contributions. This Mr. Cowen: Some Members of the House who means that of the estimated expenditure this year are contributing to this debate are representatives of \132.7 million under the pension scheme, of parties that had a great deal to say on why I approximately \80 million will go to Irish people should not have established that scheme. A living abroad, the majority of whom live in pragmatic approach was being taken on the basis Britain. This means a great deal to the many of 27,000 emigrants per year from this country. thousands of elderly Irish people living in Britain There were Members in this House who, only a who are benefiting from the change made in 2000. decade ago, refused to acknowledge the fact that It is a significant improvement for them. there was emigration from this country. The 301 Economic Plight of Irish Emigrants: 27 January 2004. Motion 302 attitude was that we should wipe our hands of the best position to direct these resources to them because it was better to do nothing than do where they can have the greatest effect for those something for them when they were going away. who are most in need. The task force estimated It is a fair point. The scheme was unique in that that the annual cost of such an agency would be it was the first in the EU to have job placement in the region of \2 million. Clearly, if it were officials from one EU country operating in possible to secure the \18 million being sought in another EU country. the recommendations, the provision of \2 million The Department of the Environment, Heritage might be regarded as a justifiable expenditure. and Local Government has provided a total of However, few Members of the House would \100,000 in grant-in-aid to the Safe Home thank me if, in the context of a significantly organisation over the past two years. This funding increased budget for support for emigrants of \4 goes towards the general administrative and million this year, the majority of it were to be running costs involved in carrying out Safe expended on administrative structures. Home’s role in the provision of accommodation We need to increase the level of financial for elderly returning emigrants. The then support for front line services as a priority. In the Minister of State, former Deputy Bobby Molloy, meantime, during the course of the year and to also amended the terms of the voluntary housing acknowledge the need for better co-ordination, I capital assistance scheme in November 2001, intend to establish a dedicated unit in the thereby providing that up to 25% of Department of Foreign Affairs to work with the accommodation in new projects undertaken by voluntary agencies at home and abroad to approved voluntary housing bodies throughout maximise the impact of our collective efforts. the country with assistance under the scheme Further consideration can be given to change in should be allocated to elderly emigrants returning administrative structures after we have dealt with to this country who satisfied eligibility criteria the necessary priority work of increasing the level drawn up in connection with the Safe Home of support to front line services. programme. Many emigrants who might want to No Member of the House can claim to have come home were not eligible to go on waiting lists done enough for our emigrants and nobody is for housing accommodation here because they contending that we have. The task force were not resident. The former Minister of State challenges us in the modern context to improve removed that barrier. this level of service and proceed in the structured Unfortunately, even though the scheme has way it has set out. I do not believe we will ever only been in force for a short time, only 153 be able to say we have done enough. However, returned emigrants have been able to be with the task force report and the process of accommodated. The scheme permitted, for the actively implementing it, we have quantifiably first time, applicants for such housing to be changed the nature of our approach. The report assessed abroad rather than, as in the past, being is a template which should not be left gathering required to have returned and be resident here dust on the shelf, as some would contend, but before even being able to apply for such should be implemented in a structured way over accommodation. Clearly, emigrants resident the period ahead. The task is to build on what we elsewhere could not take up possible housing have achieved so far as quickly as possible. I am accommodation under our housing policies for determined to focus on priorities such as building that reason. Greater use should be made of this the capacities of voluntary organisations, working scheme by increasing liaison between local closely with voluntary agencies and host authorities and voluntary housing groups here governments to assist returning emigrants and and front line services in the UK, including Irish those who require special support while they are voluntary agencies, who become aware of the abroad. conditions of eligible emigrants. If we can create When the Anglo-Irish Agreement was signed, this contact and co-ordination, we might be able an excellent report was done under the Anglo- to help many people on a pragmatic basis in that Irish parliamentary body on Irish emigrants. It regard. I hope we can do that as a result of some highlighted that public representatives in both of the new arrangements we will try to put in Parliaments were aware of this problem. It is place. probably a greater problem than we, as One of the recommendations made by the task Parliaments, identified a decade ago because of force is the proposal to establish an agency for the age profile, the difficulties people are the Irish abroad to co-ordinate the provision of experiencing and the difficulties faced by those services for Irish emigrants and Irish communities who are left behind. abroad. I would not exclude the establishment of We now have a way forward. I will implement such an agency in the future. However, the best it and continue to work with the voluntary and most effective way of using scarce funds is agencies. It was not possible to go from a figure through the recognised and experienced of \2.5 million, as those with experience of voluntary agencies in the front line. They are in Government know, to a figure of \18 million. I 303 Economic Plight of Irish Emigrants: 27 January 2004. Motion 304

[Mr. Cowen.] There was also a proposal that emigrants did not tell the task force not to give me its should have a voice in the Seanad, although there optimum position. It did that and was right to do would be difficulties in working out the so as it is committed to this area. We are mechanics. It was proposed that when the beginning to respond in a greater way than in the Taoiseach was nominating his Members, he past. We must improve our efforts, as I have would nominate the emigrant bodies which would acknowledged, and will do so in the years ahead. have to go through a transparent selection We will have a better structure and response as process. That would be an important recognition. a result of the work it has done which was not Those issues should be addressed in the future. in vain. The television programme which many people mentioned to me brought home the reality of life Mr. O’Dowd: I wish to share my time with for emigrants, particularly elderly people and Deputy Deenihan. those who did not have a good education or good health. Surveys in the United Kingdom show that An Leas-Cheann Comhairle: Is that agreed? people of Irish origin tend to have shorter lives Agreed. than those from other emigrant communities. They have many health issues, including those Mr. O’Dowd: I congratulate the Labour Party associated with alcohol and loneliness. Many find on tabling this important motion which goes to themselves locked in a lifestyle which they the heart of how we look after the people who enjoyed many years ago but now they do not have given so much to our society and country have any friends or relatives. Although they are for many years. By going to the United Kingdom only a short boat trip or flight from Ireland, they or America, they supported their families and do not make the effort and we do not reach out made it possible for them to live properly at to help them. While successive Governments home and to be educated. Emigration has been a recognised this problem, they did not invest scourge for generations. People had to leave their enough in the work done by emigrant societies. I homeland to work abroad, particularly in acknowledge the tremendous work done by the America and the United Kingdom. churches, particularly the Roman Catholic We have not given proper and due recognition Church, among emigrants abroad. It is to the work emigrants have done for this country worthwhile and fruitful work which is greatly for generations. One way we could do this would appreciated. be to give them a stake in our electoral process. Many young people who went to America I was a member of one of the Oireachtas before 11 September 2001 cannot come home committees during the last Government which because they are there illegally. The presidential dealt with this issue. It considered the issue of election in America offers a great opportunity in giving emigrants a vote in presidential elections. that regard. President Bush made a significant We must consider this issue in greater detail statement about immigration law and how it may because it would help to recognise the change. While the speculation is that it will contribution first generation Irish people abroad benefit Hispanics and other significant emigrant have made. If they go to the Consulate of their communities in America, there is no reason we choice and produce a valid passport, we should cannot use whatever influence we have with the allow them to exercise their franchise in an Bush Administration and our friends in the other election such as the presidential election. They parties, particularly the Democratic Party, to get would have to register through the proper means a better deal for Irish emigrants. We should tell and the onus would be on them to vote. However, them that the Irish community will support if Americans in Ireland can vote in a presidential whatever party supports such an agenda for election in the United States, Irish people in change. There is no reason it cannot be done. We America should be able to vote in our elections. should drive it forward. The Government should Allowing our emigrants to vote here would make representations in an effort to resolve this give them a stake and an interest in what is issue. happening in this country and would act as an I am sure there is not one Member of this agent for policy change. I acknowledge that House who does not know someone, perhaps a Members are not paying lip service to the member of their family or community, who problems faced by emigrants. However, if they cannot come home when a relative passes away. were stakeholders in our system, they could be a I have received such calls as I am sure others have force for change, particularly as their numbers are also. If the people concerned come home for a large. A majority might vote in an election. We funeral, they will lose everything they have should recognise the responsibility and influence because they will not be able to go back. We must shown by the Irish Diaspora. We take their tackle this. President Bush mentioned temporary money. Therefore, we should allow them to vote work visas and the allocation of more green here. cards. The agenda is there, as the Minister 305 Economic Plight of Irish Emigrants: 27 January 2004. Motion 306 acknowledged, and it was worked on by former The problems of the typical emigrant in members of Congress and the Senate. Bruce London who unfortunately fell on bad times were Morrisson was one of the most important and housing and health. The typical Irish building influential people in that regard. We must get our workers stayed in bed and breakfast act together this year. If we do not seize the accommodation and when they stopped working opportunity this year, it may be gone forever. We had to move on, when they rented basic do not want that to happen. The work our accommodation. However, they could not afford emigrants do and the contribution they make to the increases in rents, especially in London. They American society have always been were not insured and did not receive the benefits acknowledged and welcomed, in spite of the evil that would have been theirs had they been. Most visited on the world on 11 September 2001. We worked with builders who did not pay insurance should use our influence and not leave any for them but they were not too concerned about stone unturned. that at the time. They were happy to receive With increasing regularity I meet people in wages at the end of the week, with no strings their 60s or 70s whose partners are gone, or dead, attached, much of which they sent home to their who return from the United Kingdom to families. They never looked to the rainy day. Drogheda with nothing but who want to live at Many thought about coming home some time but home. They need housing and a few have taken that connection would have been cut because of up the scheme the Minister mentioned. We the death of their parents, their brothers and should be more dynamic and challenge ourselves sisters had aged and their extended family did not have the same concern for them. That happens to meet those people’s needs. We can all agree to regularly, even in charitable families. The this motion which the Labour Party has so problem remains for those emigrants who went properly put before us. to England after the Second World War. Mr. Deenihan: I thank Deputy O’Dowd for The problems of the young Irish who went in the 1980s were different. Some were forced to sharing his time with me. I acknowledge the live in squats and in cardboard settlements in Labour Party’s contribution in putting down this cities and some of those got into drugs and drink motion. It is some time since we had a debate on or did not want to work. Many of the emigration, perhaps not since the late 1980s when organisations with which I was familiar were I was a signatory to a similar motion. Coming based in London and worked hard to establish from County Kerry I have a special interest in the hostels and provide services for the Irish emigrant emigrant question because like so many of the who became destitute and marginalised in various western seaboard counties, Kerry was very much ways in the 1980s. My overall impression of those affected by emigration. I came to know many of services was of many well-meaning people but those who went away in the 1950s and the 1980s, much fragmentation. Groups were established in first through my travels as a student then with the different parts of the United Kingdom and Kerry football team and later as a politician. Most around London, all looking after Irish emigrants of those people would eventually tell one that but not connected. The Federation of Irish they felt they were forgotten when they left Societies tried its best to pull them together but Ireland. While that is an exaggeration, the adage, the groups were not working closely enough. “out of sight out of mind” prevailed, for good There is now an umbrella group. I suggest that reason. This was not a very wealthy country and it the Minister encourage people to work closer found it difficult to look after its own population together and that the substantial funding he besides at times trying to look after the distributes be properly targeted and spent. emigrant population. The United Kingdom is so close to us there is However, the moral support needed by so no reason not to identify those people who would many was missing. More than any other group, like to come home. Local authorities could play the church made an effort to look after emigrants, an important role in this. Each authority should for example, when I was in Australia recently I conduct an audit of those who want to return to was told the Irish missionaries went out there to its area. The Minister mentioned the initiative of look after the Irish emigrants, not to convert the Bobby Molloy, the former Minister of State at the native people. Although the church did its best then Department of the Environment and Local there was never a coherent policy on emigrants. Government. There is no reason why we could A start was made in the 1980s with the not provide respond-type initiatives for emigrants establishment of the DION committee but for who want to come back to Ireland. The many years the funding allocation to it did not development in Ballybunion, in which several increase from £250,000 until it was doubled at the emigrants are interested and want to take up start of the 1990s, when it remained static for accommodation, is very welcome. Were it several years until it was substantially increased replicated around the country some of the most in recent years. vulnerable of our emigrants in London could be 307 Job 27 January 2004. Losses 308

[Mr. Deenihan.] Employment Service, a meeting organised by the housed. I recall going through cardboard city in local Fianna Fa´il Oireachtas Members. I was very London in 1989 where most of the people were disappointed that I was not notified of the Irish and Scottish, with alcohol-related problems, meeting. On local radio the next day I heard a and I met someone from my county. It is a tragic local Fianna Fa´il Senator talk of the meeting. As story for some and I doubt that has changed. a public representative for County Clare with There are young people in America who were genuine concerns for the future of this service, I undocumented for some time. They were am angry that I was not updated on the unfortunate in the various visa lottery schemes intervention by the Minister of State. while many others applied for visas but never I raise the matter this evening because the loss used them, which was very unfair. These people of Clare Local Employment Service will be a knew they would never use the visas but applied tremendous blow to the long-term unemployed and never took them up thus depriving people and those others I have mentioned. Clare Local permanently resident in America of the Employment Service has 450 long-term opportunity to take them. There is currently a unemployed on its register. Some 300 reluctance to take on the three-year working visa volunteered to go on the register in 2003. On 16 announced by President Bush because people January, there were 4,700 people on the live feel that they could be gone after three years. register in County Clare. The first two weeks of That is something the Minister of State might January have seen a 3% increase in people on the consider. live register in the county. That is a very worrying There is room to honour Irish emigrants in this trend. The loss of the service, which is due to country. It has been done in Manchester. A close next Friday, will create fear for the Fianna Fa´il Deputy proposed using the Custom unemployed who desperately want a job in their House. I will speak to the Minister of State later community. about that. Our emigrants and their efforts should There are allegations of bullying by several be recognised in some way in this country. parties, and allegations of confidentiality leaks by board members. Those are not reasons to close Debate adjourned. down a very valuable service. As I said, 16 staff members got notice of redundancy before Adjournment Debate. Christmas, when most people are out enjoying themselves. This is not to mention the effect the ———— closure will have on the weakest members of our society, the unemployed. Job Losses. FA´ S said it has no problem funding the service. Mr.P. Breen: I thank the Chair for the I understood from the meeting with the Fianna opportunity to raise the important issue of Clare Fa´il Oireachtas Members that the Minister of Local Employment Service which is due to cease State was to meet the board chairman. I do not operations on Friday next, 31 January, resulting know if that meeting took place as I have had no in a loss of 16 full-time jobs. The LES has communication from the Minister of State’s provided a very valuable service, particularly for office. He might well contact FA´ S in order to the long-term unemployed, dependent partners, send someone to Clare to sort out the problem. lone parents, people with disabilities and early With the LES due to close next Friday, I ask school leavers. the Minister of State not to close the door in the I am very disappointed with the lack of face of the 16 employees and the unemployed response by the Minister of State’s colleague, people of Clare. I ask him to intervene and Deputy Fahey, the Minister of State with appoint a mediator to talk to both parties and responsibility for labour affairs, to my letters on sort out their differences. Every dispute can be the matter. I first brought the matter to the settled and this one is no different. The Ta´naiste attention of the Ta´naiste before Christmas. She was quoted as saying that she is a big supporter notified me on 23 December that she had passed of local employment services. I ask the Minister on my correspondence to the Minister of State. I of State to contact his colleague. I am again sent correspondence to his office on 5 disappointed he is not here for tonight’s debate. January and telephoned on 6 January, when I As the Minister of State with responsibility for spoke to his private secretary. The only labour affairs he has a duty to the unemployed communication I received from him since was an people of Clare. acknowledgement of my letter from his private secretary on 19 January. I later got a similar letter Minister of State at the Department of Health from the Minister of State. and Children (Mr. Callely): I apologise for the I understand that on 21 January, the day I got Minister of State, Deputy Fahey, who has asked the letter from the Minister of State, Deputy me to come to the House on his behalf as he is Fahey, he met a deputation from Clare Local unable to be here. I am happy to have the 309 Schools 27 January 2004. Refurbishment 310 opportunity to respond to this issue. It is FA´ S, and request that FA´ S immediately important that I put down some parameters so commence an assessment of the labour market that the issue will be clear. needs of the Clare region in the context of the The board of management of Clare Local closure of the LES. FA´ S has agreed to proceed Employment Service, LES, advised FA´ Son15 with this assessment. As part of this exercise, FA´ S December last that it was discontinuing will bring forward proposals on the type and level operations effective from 30 January 2004. I of a dedicated employment service necessary to would be very happy for Deputy Breen if the address the particular needs of marginalized Minister of State, Deputy Fahey, could prevent client groups in the region. The recommendations the closure. He too would be happy. should include proposals for the delivery of the A meeting was held in the Da´il on Wednesday, service including structures, management, staffing 21 January 2004, between the Minister of State and other relevant requirements. Sadly, there can and representatives of Clare Local Employment be no guarantees given to current staff regarding Service staff to discuss the imminent closure of the outcome of the FA´ S assessment. the LES. Also present were a number of other While it is unfortunate that a situation such as Clare public representatives including the this had to arise, I assure Deputy Breen that the Minister of State, Deputy Sı´le de Valera, a union needs and requirements of the particular client representative, two Departmental officials and base being dealt with by the Clare Local two representatives of FA´ S. Employment Service will not suffer. I have no doubt that the outcome and proposals which will Mr. P. Breen: Why was I not informed? hopefully emerge from the FA´ S assessment of the situation will lead to an enhanced, dedicated Mr. Callely: At that meeting the staff and union service for all marginalized unemployed groups representatives expressed their concerns at the in the Clare area. I hope this is helpful, and if I suddenness of the decision by the board to close. can offer any further assistance to Deputy Breen, In their view, the LES was providing a vital and I will be happy to do so. necessary service for the long-term unemployed and other disadvantaged groups in the Clare Schools Refurbishment. region and they stated that recent independent reports confirmed this. In addition, the union Mr. O’Connor: I thank the Chair for his representative felt it was unacceptable that the courtesy. I wish to tell my good friend, the board should take a decision to close the service Minister of State, Deputy Callely, that I was without entering into discussions or consultations contacted tonight by the Minister for Education with the staff about their future. and Science, which I appreciated. The Minister The Minister of State, Deputy Fahey, pointed apologised because of his inability to attend the out to those present that while the board of Clare House because of another function arranged LES is made up of representatives from the before this item was placed on the programme. statutory and voluntary sectors, and the operation It is very important that I make the point with of the service is funded by FA´ S, it is nonetheless regard to this local school in Kingswood Heights a separate legal entity and the Minister of State in Tallaght. This is something I have been has no role or function in relation to the internal involved in since I became a Da´il Deputy. workings of a body of this kind. It should also be As one of their neighbours and a local noted that the full State labour relations councillor for many years, I canvassed the good machinery is available to assist in any people of Kingswood Heights during the general negotiations on this matter, should both sides be election. I was in possession of information which willing to avail of this. Perhaps all the public I accepted in good faith at the time from the representatives might encourage both parties to Department of Education and Science, namely, use that machinery. that work on St. Killian’s national school would be carried out. I will continue to strongly Mr. P. Breen: We were not involved with the campaign for and represent the parents Minister of State’s talks. concerned. I compliment the local school authorities, local parish and local parents’ Mr. Callely: The Minister of State indicated association which do tremendous work, not just further that he was willing to talk to the chairman in representing St. Killian’s national school but of the Clare LES board and to ask him if the also in practical ways such as fund-raising and so board might reconsider its decision to close. He on. The Department should acknowledge that has since done this, but the chairman confirmed this work is being done yearly. that the decision of the board to cease I am sincere in what I am saying about this operations remains. project. I would be very grateful if the Minister Assuming that the decision of the board would of State conveyed to the Minister the strong not be changed, the Minister of State agreed to concerns I have expressed. It is not good enough talk to Roddy Molloy, the director general of that a school which is 20 years old and caters for 311 Schools 27 January 2004. Refurbishment 312

[Mr. O’Connor.] Mr. Callely: I am pleased my colleague and more than 750 young people should have to friend, Deputy O’Connor, has given me the operate under the conditions that a visit to the opportunity to outline to the House the current school in Kingswood Heights will indicate. position of the Department of Education and The local Tallaght newspaper, The Echo, which Science on the provision of improved represents local issues very well and gives Charlie accommodation at St. Killian’s national school. I O’Connor and other public representatives the am aware of the enthusiasm of Deputy O’Connor odd mention stated on Thursday that St. Killian’s in his work as a public representative in the national school would close for roof repairs. The Tallaght area. He is known to have a tremendous article was entitled, “School forced to close for reputation working in a number of spheres in the repairs before roof falls in”. It is an indictment of area, with a particular interest in health, the the system that young people who are worried environment, housing and education. about their education and being brought to With regard to the roof damage at St. Killian’s school each day by their parents who are trying national school, a member of the Department’s to do the best for them should have to deal with technical staff visited the school and reported that these issues. the damaged part of the roof had been repaired. The report in The Echo also pointed out that The school has been advised to complete an the Department of Education and Science had application under the summer works scheme for been considering works on the school since 1999 roof replacement. This new scheme caters for and the campaign had been ongoing. Over works that can be planned and delivered during Christmas the school suffered during the bad the summer holidays. The 2004 programme will weather. Last Tuesday there was a further leak in be updated in early spring to provide details of one classroom which led to a corridor being approved projects under the scheme. Perhaps the flooded. All of the plastic and felt tiles on the Deputy will assist the school to avail of the roof must now be replaced. The report also scheme should it so wish. indicated that the board of management would A consultant working for the health and safety have to spend almost \4,000 of its own funds to unit of the Office of Public Works has also visited repair the damage, a job that will necessitate the the school to prepare a report on the asbestos in the roof. The consultant has advised that the air school closing for a day. tests carried out are clear and the Office of Public Mr. Durkan: We will help out the Deputy. Works will continue to monitor the situation. On a large-scale refurbishment project which Mr. O’Connor: The Minister of State will be will involve works in both the junior and senior aware that Da´il representatives from throughout schools the school is listed under section 8 of the the country have similar issues. This is an 2004 schools building programme which is important one for my community and I will not published on the Department’s website at www.education.ie. rest until the job is done. I will continue to go to the parents and the community in Kingswood Mr. Durkan: It was listed before the last Heights and highlight their concerns. If they are general election. unhappy with and take out their anger on me, they will be correct. This job should have been Mr. Callely: The budget announcement done already. regarding multi-annual capital envelopes will I hope I will have the full support of Fine Gael enable the Minister, Deputy Noel Dempsey, to in this regard. I have not always had its support adopt a multi-annual framework for the schools but hope I will in this case. building programme which will, in turn, give The Minister of State must convey to the greater clarity regarding projects not progressing Minister that this is a serious issue. We should not in this year’s programme. The Department will have a situation whereby 750 young people—— make a further announcement in that regard during the year. Mr. Durkan: It is shameful. I pass on to the Deputy the Minister’s apologies as he was hoping to be in the Chamber. Mr. O’Connor: I will use the words. The Minister for Education and Science must Mr. Durkan: He was not even in the Chamber understand the importance of this project, which after the promises had been made. I believe he does. We need to get the job done. Young people in Kingswood Heights should not Mr. Callely: I am pleased that he has made a have to attend the school in this condition. The personal telephone call to Deputy O’Connor. staff and the community should not tolerate the Should the Minister or I be able to assist the situation. Something must be done. I hope action Deputy to resolve the difficulties at St. Killian’s, will be taken. we will be happy to do so. I thank him for giving 313 Speech Therapy 27 January 2004. Service 314 me the opportunity to outline to the House the give him a chance to realise his full potential in current position. order that he can be understood outside his close family. Currently that is not the case. He speaks too fast and if he is to be understood he will need Speech Therapy Service. training and speech and language therapy, which Dr. Cowley: I thank the Ceann Comhairle for is not available. allowing me to raise this matter on the This boy was born in the United Kingdom and Adjournment. when he and his parents came to Ireland they There are hundreds of children with special found the services here completely different from needs and several hundred in need of special those at home. They found one has to fight for speech and language therapy. There are three everything in this country. The child’s parents do speech and language therapists in the Western not want him to be a forgotten person but they Care Association area, which is not sufficient. fear this will be the case. The father does not The Western Health Board community care begrudge the Government its jet, spike or service does not cater for children with special stadium; all he asks is that the Government gets needs, even though they have very special needs. its priorities right and ensures that his son gets a There appears to be a big turnover of speech chance because it will be too late in a few years. therapists. They do not seem to stay to pass on He is told everything will be satisfactory in ten their valuable experience gained working with years’ time but the window of opportunity will be Down’s syndrome children. I wonder why they closed by then. appear to drift into the private sector. There is The Minister should act now to recruit speech a scarcity of speech therapists. Places have been and language therapists, from abroad if increased to train more of them but the problem necessary. The lad in question deserves no less did not happen today or yesterday. Successive as a citizen of Ireland. He should be valued and Governments are to blame for the deficit. allowed realise his maximum potential. Rationing occurs when resources are scarce. Pre- school is the stage where the speech and language Mr. Callely: The way Deputy Cowley service is concentrated. Whatever is available is presented his case is a little unfair. To achieve a concentrated in that area, which is not sufficient. balance, I wish to address some of the broader It is patchy. The issue of speech therapy has been issues and then deal with the specific issue. I ongoing for a long time. The Government always thank the Deputy for raising it and for giving me had the power to do something but did not the opportunity to outline the position. choose to do so. Since 1997, my Department has allocated I met the father of the child in question. The significant funds across the disability sector, seven year old boy is unable to speak because of which has resulted in significant and the failure of the Department to provide speech unprecedented developments in the quality and and language therapy for him, despite his family quantity of the health related services that are highlighting the issue for the past two and a half being provided to people with disabilities. In July years and the fact that the Western Care 2003, additional revenue and capital funding Association has recognised that the treatment is totalling \50 million was made available to essential since the boy was three years of age. A services for people with disabilities. Included in special assessment was carried out before the boy this figure was additional revenue funding started school and he was deemed suitable for amounting to \20 million in 2003, with a full-year national school. The aim of the last assessment cost in 2004 of \30 million. A sum of \15 million was to assess his progress from infants to high was made available for services for persons with infants on his ability to learn. He has this ability. intellectual disability and those with autism to During his earlier years he received a speech and meet costs associated with emergency residential language therapy service from the Western Care placements during 2003, the provision of day Association for one hour per week for four services, in particular for young adults who have weeks. No service was provided for the next four just left school, and some enhancement of the weeks due to the scarcity of speech and language health related support services for children. In therapists. What a lousy service. addition, in December 2003, a further minor His father was and is still very concerned for capital grant amounting to approximately \10 his son. He hears him speak and realises that he million was allocated by my Department to the needs speech therapy if he is to have a chance to service providers in respect of services to people develop to his full potential as a person. When with intellectual disability or autism. such children reach a certain age, no matter how The provision of the revenue funding, in bad they are, they will no longer receive a speech particular for services to persons with an and language therapy service because of the intellectual disability and those with autism, will scarcity of speech and language therapists. His provide around 175 emergency places and over father would like him to have speech therapy to 600 day places. It will enable the service providers 315 Social Wefare 27 January 2004. Benefits 316

[Mr. Callely.] Mr. Callely: This forms part of the community to address key issues of concern that have been development plan for the child concerned. This identified by the various representative groups. plan has been developed in consultation with the In the budget an additional \18 million was relevant health care professionals. I understand allocated by my colleague, the Minister for that the child’s family has been fully briefed and Finance, to my Department specifically for engaged regarding this plan. Furthermore, it is intellectual disability services. These moneys will the opinion of the relevant health care be used to provide additional emergency professionals that the child is receiving an placements and extra day services, especially for appropriate health care service. school leavers, and to enhance the health related support service for children. Despite this very Dr. Cowley: I would not be here if he was. significant investment, demographic factors are contributing to growing waiting lists for Mr. Callely: If the Deputy’s information differs residential services, in particular, even though the from mine, I would appreciate if he should bring number of people in receipt of services, including it to my attention. I will certainly investigate the full-time residential services, continues to matter and inform the Deputy accordingly. I hope increase. the information I have provided is of some The increased birth rate in the 1960s and 1970s assistance to the Deputy. has resulted in large numbers of adults in their Social Wefare Benefits. late 20s and early 30s requiring full-time residential services. In addition people with an Mr. Durkan: The matter I wish to raise refers intellectual disability are living longer than those to a social welfare query I made earlier. I see that of previous generations, adding to the need for the Minister of State opposite is the Minister for services. This has also been the international everything tonight, from education to health to experience in service provision to this population. social welfare. I do not wish to be disrespectful, One of the major difficulties facing the health but I remind Ministers with responsibilities for services in delivering support services to people particular areas that they should be present at the with disabilities is the shortage of certain Adjournment debate when their areas of professionals such as speech and language responsibility are under discussion. therapists, occupational therapists, The individual whose case I wish to raise was, physiotherapists and psychologists. Significant unfortunately, laid off work before Christmas, progress has been achieved in boosting the although he did not seek to be laid off. It was a number of therapy training places. Last year, the great disappointment because obviously the Minister for Education and Science and the finances suffer as a result. There are greater calls Minister for Health and Children announced 150 on the family finances at Christmas than at any additional therapy training places in speech and other time. language therapy and occupational therapy. The man in question has a wife and three children. Given the nature of his previous There has also been a concerted overseas employment, he was assessed as having means recruitment drive on behalf of all health boards, derived from this employment. This is bizarre the introduction of a fast-track working visa because I believed we had addressed a long time scheme for health and social care professionals ago in the Department of Social and Family and the streamlining of procedures for the Affairs. It is an issue I have taken up before, validation of overseas qualifications. The success although it has raised its ugly head once again in of these measures is reflected in the increases in that the man in question was deemed to be in speech and language therapists and occupational receipt of part of the income he earned last year therapists employed in the public health service when determining his entitlement to a social over the three year period to the end of 2002, welfare payment this year. with a 73% increase in occupational therapists I know money lasts for a long time if one looks and a 33% increases in speech and language after it and I am sure that there is a clear therapists. However, I recognise that there is still recognition of the needs of people in the a shortfall. Department of Social and Family Affairs, but one With regard to the details supplied by the must question why it is expected that a person Deputy. responsibility for the provision of who had an income in the year ending 31 services is a matter for the relevant health board. December 2003 — it was October in the case of From inquiries made by my Department, I the man in question — could be deemed to still understand that the child concerned is being have benefit from that income in January 2004. provided with the necessary therapies on a This matter goes back to the poor law era, monthly basis. when people were deemed to be in good standing financially unless and until they were in penury. Dr. Cowley: They are not adequate. I can anticipate the Minister of State’s reply and, 317 Social Wefare 27 January 2004. Benefits 318 indeed, I could write it. Although he is genuine, investigated by a social welfare inspector on 23 diligent and anxious to pursue issues presented to October 2003. On receipt of documentation and him, there is no excuse for attempting to pretend information which had been requested by the that the individual in question has income derived inspector, a report and assessment were from the income he spent last year. That income completed on 5 December 2003. The legislative is gone, last year was lived, last year’s summer provisions governing the assessment of means holidays are gone, the roses of last year are gone from self-employment for the purpose of and even the snow of last year is gone. Expecting unemployment assistance are contained in Part I the man to live on last year’s income this year is of the Third Schedule to the Social Welfare daft. I will be taking up this issue again if it is not (Consolidation) Act 1993. Under these resolved satisfactorily. provisions, the income of a person, as outlined by I know the Minister of State will state in his Deputy Durkan, in the absence of other means of reply that the applicant was offered an option to ascertaining it, is taken to be the income received appeal, which he was in a half-hearted way. This during the year immediately preceding the date matter should not involve such an option. I also of calculation. know deciding officers are involved. They must I agree with some of the points raised by the decide on the basis of the information available at Deputy, who was once Minister of State at the the time but they make some peculiar decisions. I Department of Social Welfare. remind those who would say that the decisions are always correct of the decision made on Mr. Durkan: That is right, and I challenged equality payments in the 1980s — the issue would that view. have cost £9 million to resolve in the beginning and £20 million a few years later but it eventually Mr. Callely: He had the opportunity to change cost the State \320 million. the regulations. I ask the Minister to examine this genuine case. This man is honest and straightforward. He is not Mr. Durkan: I did it. working and wants to work, but as soon as he finds employment he will be Mr. Callely: Where there is no other way to 9 o’clock removed from the live register. The establish the likely income of a claimant in the Minister should investigate the coming year, the net earnings during the year matter to ensure the nonsense applying at the preceding the date of the claim may be taken, moment does not continue and that his wife and provided the deciding officer is satisfied that three children receive the benefits to which they similar opportunities for self-employment will are entitled. arise in the coming year. It is a difficult call to make. In this case, however, the claimant was Mr. Callely: I will respond to the Deputy on self-employed in construction and allied trades behalf of the Minister for Social and Family for a number of years. From information supplied Affairs, Deputy Coughlan, who is unavoidably by the claimant, his earnings for 2003 were absent on Government business. In response to calculated to be \8,132. Deputy Durkan’s remark, I would not be the first to throw stones about making mistakes. We all Mr. Durkan: The same as last year. do it, although we try not to. The Department of Social and Family Affairs and its officers have a Mr. Callely: This figure was used when difficult and challenging job in making decisions deciding the claim. The inspector was satisfied and usually get it right. that self-employment was likely to continue and As the Deputy is aware, the termination of on that basis he assessed weekly means as being entitlement to unemployment assistance or any \156. social welfare payment is not a function of the Minister for Social and Family Affairs. Under the Mr. Durkan: Based on last year’s income. relevant legislation, these are matters for deciding officers and, in the event of an appeal, for appeals Mr. Callely: Notification of this decision and officers appointed in accordance with the the right to appeal was issued to the claimant on provisions of the Social Welfare Acts. There is a 13 January. The claimant is currently being paid statutory obligation on all claimants for an unemployment assistance at a weekly rate of unemployment payment to satisfy the conditions \118.60, which represents the full rate payable for entitlement to the payment. For less means of \156. unemployment assistance, a claimant must satisfy It is open to the person concerned to appeal a means test, be unemployed, capable of, the decision of the deciding officer to the appeals available for and genuinely seeking work. office but he has not done so to date. It is my In the case referred to by Deputy Durkan, the desire, and that of the Minister and others person concerned applied for unemployment involved, that if the person wants to lodge an assistance on 8 October 2003. His case was appeal and bring his case forward for a decision, 319 The 27 January 2004. Adjournment 320

[Mr. Callely.] claimant to make known in writing the reasons he should do so as quickly as possible. I am or grounds for his appeal. Deputy Durkan will assuming that Deputy Durkan wishes the subject doubtless assist him with that. I assure the matter of this debate to be treated as an appeal. Deputy that the Department will be in contact with the claimant in the near future to process Mr. Durkan: I would love that. I will go down myself to the appeal as well. his appeal. Mr. Callely: The Department will now arrange The Da´il adjourned at 9.05 p.m. until 10.30 a.m. this. It will, however, be necessary for the on Wednesday, 28 January 2004. 321 Questions — 27 January 2004. Written Answers 322

Written Answers The single most important factor for admission to hospital is bed availability. A report called ———— Acute Hospital Bed Capacity — A National Review, carried out by my Department, The following are questions tabled by identified a requirement for an additional 3,000 Members for written response and the ministerial acute beds in acute hospitals by 2011 and this replies received from the Departments requirement is reflected in the Government’s [unrevised]. health strategy, Quality and Fairness- A Health System for You. Some 568 of the 709 beds in the Questions Nos. 1 to 12, inclusive, answered first phase have been commissioned to date of orally. which 253 are in the eastern region. Revenue funding of approximately \40 million has already Questions Nos. 13 to 134, inclusive, resubmitted. been made available to the ERHA for these beds. Funding is available to enable the balance of the Questions Nos. 135 to 142, inclusive, answered 709 beds to be brought into operation this year. orally. Also under the acute bed capacity initiative, I \ Hospital Services. have provided an additional 12.6 million to the ERHA, \8.8 million, and to the Southern Health 143. Mr. Broughan asked the Minister for Board, \3.8 million, to facilitate the discharge of Health and Children the steps being taken to patients from the acute system to a more address the continuing crisis in the acute hospital appropriate setting thereby freeing up acute beds. service, especially in the greater Dublin area; the It allows for funding through the subvention steps he intends to take to deal with the problems system of additional beds in the private nursing of bed blockers; and if he will make a statement home sector and ongoing support in the on the matter. [1885/04] community. Already this funding has resulted in 154. Mr. McCormack asked the Minister for the discharge of a total of 223 patients from acute Health and Children the steps he intends to take hospitals in the eastern region. The ERHA is to deal with the ongoing accident and emergency actively monitoring the situation and working crises whereby patients are continually spending with hospitals and the area health boards to unacceptable lengths of time awaiting ensure that every effort is being made to admission. [1544/04] minimise the number of delayed discharges in acute hospitals. 165. Mr. Sargent asked the Minister for Health I have been informed by the ERHA that it is and Children if he will deal with the serious working closely with the major acute hospitals in overcrowding in hospital accident and emergency Dublin with a view to re-opening beds which have departments which has deteriorated in recent been closed due to staffing difficulties. As part of weeks; and if he will make a statement on the the winter initiative, an additional 20 accident matter. [2035/04] and emergency consultants have been appointed 190. Mr. Eamon Ryan asked the Minister for from the 29 approved. Additional appointments Health and Children his plans to deal with the are being progressed by the health boards and worsening crisis in accident and emergency the ERHA. departments; and if he will make a statement on Reviews of the bed management function and the matter. [2033/04] nurse staffing levels in emergency departments Minister for Health and Children (Mr. Martin): are being progressed by the Health Services I propose to take Questions Nos. 143, 154, 165 Employers Agency in consultation with health and 190 together. service management representatives and the Pressures on the hospital system, particularly in nursing unions. the eastern region, arise from demands on Emergency medicine departments may emergency departments and on difficulties sometimes have to deal with injuries and associated with patients who no longer require conditions which are more appropriate to a acute treatment but are still dependent. There are primary care setting. General practitioner out-of- a number of initiatives under way to deal with hours co-operatives have been established and these pressures. are operating in at least part of all the health Planning for the discharge of patients by acute board areas, with one health board, the North hospitals and the liaison with the community Eastern Health Board, having a region-wide services has been prioritised on an ongoing basis project. A total of \46.5 million has been by the Eastern Regional Health Authority. allocated for the development of out-of-hours co- Initiatives such as Homefirst, Sla´n Abhaile and operatives between 1997 and 2003. home subvention are all contributing to providing A media campaign has been undertaken on alternative care packages for older people so that radio, television, and in the newspapers they can be discharged. highlighting the pressures that exist in emergency 323 Questions — 27 January 2004. Written Answers 324

[Mr. Martin.] and specialist day case activity which are not medicine departments and encouraging people to routinely collected by my Department. attend only if absolutely necessary. This initiative is an attempt to focus on the need for only those Infectious Disease Screening Service. in need of emergency care to attend and for 145. Ms O. Mitchell asked the Minister for others to use the primary care services. Health and Children the percentage take up rate I will continue to work with the various health of health screening by asylum seekers; and if he agencies in looking for short-term and longer has satisfied himself with this scheme and in term solutions to the current difficulties. particular that the follow-up screening is 144. Mr. Penrose asked the Minister for Health operating effectively. [1538/04] and Children the steps he intends to take to provide services for people with neurological Minister for Health and Children (Mr. Martin): disabilities as proposed by the Neurological Screening in respect of specific infectious diseases Alliance of Ireland; and if he will make a has been offered to asylum seekers on a voluntary statement on the matter. [1915/04] and confidential basis, free of charge, shortly after their arrival in this country since May 2000. Minister for Health and Children (Mr. Martin): The purpose of screening is to detect and treat Comhairle na nOspide´al recently published the certain infectious diseases in the interests of the report of a committee to review neurology and asylum seekers themselves and their families as neurophysiology services and I am happy to well as the community in general. endorse its recommendations for a significant Initial screening usually takes place in Dublin enhancement of services, including increases in where asylum seekers may reside following consultant manpower. The report also recognises arrival in this country and continues when they that there are aspects of a number of other are relocated to other health board regions. specialties and services, such as rehabilitation Those who do not receive screening in Dublin are medicine, geriatric medicine and old age offered this service following relocation. The psychiatry, which are related to and overlap with guidelines in relation to infectious disease neurology services. Comhairle has recommended screening recommend screening is provided for that a national multidisciplinary review of the following: TB, hepatitis B, and where rehabilitation services be undertaken to further appropriate for polio and varicella zoster. HIV inform the policy framework in relation to the testing is also offered. development of neurology services. The following table sets out the percentage Consistent with this recommendation, and in uptake of health screening by asylum seekers in line with commitments in the national health the year 2003. strategy, a national action plan for rehabilitation services is being prepared by my Department. Health Board-Authority Percentage of The action plan will set out a programme to meet asylum seekers who accepted existing shortfalls in services and to integrate health specialised facilities with locally based follow-up screening services. The rehabilitation action plan, together with the Comhairle report and the work % undertaken by the Neurological Alliance of Eastern Regional Health Authority 73 Ireland through its own publications will, in my Midland Health Board 72 view, offer a comprehensive policy framework for Mid-Western Health Board 55 the future development of neurology and North Eastern Health Board* neurophysiology services in this country. North Western Health Board* My Department will continue to work closely South Eastern Health Board 51 with the alliance and with the Irish Consultant Southern Health Board 62.5 Neurologists’ Association in relation to the future Western Health Board* development of services. The implementation of *The North Eastern Health Board, the North Western Health the Comhairle recommendations will be Board and the Western Health Board are not in a position to progressed having regard to the evolving policy supply complete details of asylum seekers who accepted framework in this area, competing funding health screening in their regions at this time. This information will be forwarded to the Deputy as soon as it is received. priorities and the report of the national task force on medical staffing. Specialty costing data in respect of hospitals Operational responsibility for the health which provide neurology services indicate that in- screening for asylum seekers lies with the patient costs for this specialty for 2002 were more individual health boards, which have appropriate than \19 million. This figure excludes costs in regional and local management structures in respect of neurology services provided in out- place to manage delivery of the health screening patient and accident and emergency departments programme. 325 Questions — 27 January 2004. Written Answers 326

Consultant Appointments. Medical Report. 146. Mr. Costello asked the Minister for Health 148. Ms Lynch asked the Minister for Health and Children his proposals for the appointment and Children when he expects to receive the of consultants to promote and publicise the Hanly report of the independent review into the report; the likely overall cost of this exercise; if circumstances of the death of a person (details consultants have now been appointed and if so if supplied) on 1 July 2003; and if he will make a he will list each one so appointed and the value statement on the matter. [1898/04] of the contract in each case; the procedures which 211. Mr. Neville asked the Minister for Health were used for the appointment of these and Children when he expects to receive the consultants; and if he will make a statement on report of the independent review into the the matter. [1889/04] circumstances of death of a person (details Minister for Health and Children (Mr. Martin): supplied) in County Limerick; and if he will make : My Department recently invited expressions of a statement on the matter. [2036/04] interest from relevant consultancies to participate Minister for Health and Children (Mr. Martin): in a tendering process for a public relations and I propose to take Questions Nos. 148 and 211 information campaign relating to the report of together. the national task force on medical staffing. In line On 23 July last, I announced that I had with EU procurement guidelines, this invitation convened a review panel to conduct an was placed on the Government procurement independent review of the events surrounding the website in December 2003. On foot of the tragic death of the person concerned. The responses, a number of firms have now been members of the panel are: Mr. David Hanly, invited to submit tenders for the contract. The management consultant, Ms Kay O’Sullivan, total amount to be spent on the contract will director of nursing at Cork University Hospital, depend on the tenders submitted. The contract and Dr. Shakeel A. Qureshi, paediatric specification envisages that the contract will cardiologist at Guy’s and Thomas’s Hospital, involve approximately 100 working days in total. London. My Department anticipates that the contract will The terms of reference of the panel are to be awarded within the next three to four weeks. consider the report of the ERHA in relation to the events of 30 June 2003 at Our Lady’s Hospital Health Awareness. for Sick Children, Dublin, and to make such further enquiries and conduct such interviews as 147. Mr. Stagg asked the Minister for Health the panel considers necessary; address the and Children the steps that are being taken to questions raised by the family; examine protocols address the serious problem of men’s health and procedures relevant to this incident having identified in the recent report of the men’s health regard to prevailing standards of best practice forum in light of the finding that on average men and to examine their application in this case; and die six years younger than women; and if he will report to the Minister and to make such make a statement on the matter. [1912/04] recommendations as it sees fit. Following the Minister for Health and Children (Mr. Martin): review, both reports will be made available. The The health strategy, Quality and Fairness — A work of the review panel is ongoing and I am not in a position to say, at this stage, when the report Health System for You, calls for the development will become available. of a policy for men’s health and health promotion. The National Health Promotion Consultant Appointments. Strategy 2000-2005 also identified the development of a national plan for men’s health 149. Mr. Stagg asked the Minister for Health as an important initiative. In this regard, the and Children the position regarding the health promotion unit of my Department has introduction of a new system of medical supported the appointment of a men’s health insurance for hospital consultants; the steps he is research officer in the South Eastern Health taking to ensure sufficient capacity in our Board. His remit is to research the role of gender maternity hospitals, in view of the threat of the and masculinity on men’s concept of health, their closure of the Mount Carmel maternity unit knowledge, beliefs and attitudes to health and arising from the problems regarding insurance; illness, health behaviours and risk behaviours and and if he will make a statement on the matter. the barriers that men perceive in accessing the [1913/04] health services. Minister for Health and Children (Mr. Martin): The health promotion unit have also From 1 February personal injury claims against commenced a consultation process with all hospital consultants arising from the delivery of relevant stakeholders, including the men’s health clinical care will be covered by the clinical forum, for the development of the men’s health indemnity scheme, CIS. This move will bring policy. The outcome of this consultation process consultants into line with other health service and the findings of the research will inform the staff and their employers who have been covered development of the policy. by the scheme since its inception on 1 July 2002. 327 Questions — 27 January 2004. Written Answers 328

[Mr. Martin.] is insisting that the MDU meets it obligations to In the intervening months extensive negotiations its Irish members. The threat by the MDU to have taken place with the organisations leave some of its members without assistance in representing consultants in an effort to have them meeting the cost of claims has put many doctors covered by the scheme with their agreement. under great stress. The Government has given a Virtually all of their concerns about the scheme commitment to its representatives that it is have been dealt with to their satisfaction. Two prepared, if the need arises, to fund the cost of issues have remained unresolved. These are the legal action against the MDU to ensure that it likely cost of purchasing professional indemnity meets its obligations to its Irish members. I cover for private practice not covered by the believe that it is in the interests of Irish doctors clinical indemnity scheme and the question of and Irish taxpayers that the MDU is persuaded who should cover claims arising from past events. to take responsibility for its own liabilities like The new scheme delivers significant benefits to everybody else. the vast majority of consultants. For those Particular concern has been expressed about employed in public hospitals it means that all of the ability of consultant obstetricians who work in their practice in the public hospital, including the private sector to buy professional indemnity their private practice, is covered by the CIS at no cover at reasonable cost. I have to point out that cost to them. This is a benefit not conferred on the cost of this cover has nothing to do with the consultants in the UK under similar schemes put establishment of the CIS. The particular in place there. Private practice conducted outside difficulties of this specialty have been recognised of public hospitals is not covered by the scheme. for some time. In response the Government However, the Government, in recognition of the established a group in 2002 to examine the complementary roles of the public and private feasibility of introducing “no fault” compensation health care sectors in Ireland, has indicated that for infants who suffer cerebral damage at birth. the State will bear the cost of individual claims The group is expected to produce its report in the against consultants in private practice to the middle of this year. In the meantime the \ extent that they exceed 1 million in respect of Government has put measures in place which, in any single claim. In the case of obstetric claims effect, subsidise the cost of insurance cover for the limit of indemnity which consultants will need the two hospitals which deliver obstetric services \ to purchase will be 500,000. The effect of these and for the consultants who practice in them. As measures is to reduce the cost of indemnity cover a result of the Government’s initiative, consultant for consultants’ private practice by between 25% obstetricians in private practice will pay \100,000 and 30% of what it would otherwise be. This or less for cover rather than the full economic benefit is available to consultants working in the cost of \350,000. These measures ensure that public system who have some off-site private Mount Carmel Hospital in Dublin and the Bon practice as well as to those who work full-time in Secour Hospital in Cork can continue to provide private practice. From indicative rates circulated these services. by one of the two medical defence bodies operating in Ireland it is clear that the vast Health Service Reform. majority of consultants, including those in the private sector, will pay lower rates for their 150. Mr. Durkan asked the Minister for Health indemnity cover after 1 February. and Children the status now accorded to the When the Government decided in December Hanly report with particular reference to the 1999 to introduce the CIS, based on the principle implications for certain areas and sectors in the of enterprise liability, it also decided that the new event of its implementation; and if he will make scheme would not have any retrospective effect. a statement on the matter. [1996/04] The reason for that decision was that hospitals 159. Mr. Broughan asked the Minister for and doctors had already paid insurance premiums Health and Children the progress made with and subscriptions for claims arising from events regard to implementation of the which had occurred before the scheme’s recommendations of the Hanly report; and if he inception. Either directly or indirectly, the will make a statement on the matter. [1886/04] Exchequer had paid for this cover. The Government saw no reason the State should take 167. Mr. Howlin asked the Minister for Health over liabilities for which it had already paid. This and Children when it is expected to appoint position has been accepted by all of the project groups to progress detailed commercial insurance companies which had implementation at local level of the two pilot insured health boards and hospitals up to 1 July areas, the East Coast Area Health Board and the 2002. It has also been accepted by the Medical Mid-Western Health Board, identified in the Protection Society. The only indemnifier Hanly report and the provision of the services disputing the correctness of the Government’s and facilities required; the staffing and financial position is the Medical Defence Union, MDU. requirements involved and the timeframe The MDU believes that the State has some envisaged for the implementation of these pilot responsibility for liabilities which arise from past projects; and if he will make a statement on the events. The Government rejects this position and matter. [1895/04] 329 Questions — 27 January 2004. Written Answers 330

207. Mr. Neville asked the Minister for Health Foster Care. and Children his plans to publish the second 151. Mr. J. O’Keeffe asked the Minister for phase of the Hanly report; and if he will make a Health and Children the position in relation to statement on the matter. [1781/04] foster care; the number of approved foster Minister for Health and Children (Mr. Martin): parents; if this number is adequate; the number I propose to take Questions Nos. 150, 159, 167 of children in residential care awaiting fosterage; and 207 together. and the finances involved and plans for the The Government is committed to future. [1805/04] implementing the Hanly report. It will mean a Minister of State at the Department of Health much better service for patients, with and Children (Mr. B. Lenihan): Foster care is the considerably more consultants, working in teams. main form of alternative care for children who The report also involves reducing the working cannot, for a number of reasons, be looked after hours of non-consultant hospital doctors, which in their own home. There are now approximately will benefit both patients and doctors. In 4,000 children and young people under 18 years addition, Hanly proposes a reorganisation of our of age in the care of approximately 3,146 foster acute hospital services so that patients receive the carers. Health boards continually recruit foster best possible treatment in the location most carers to meet demands for placements and to appropriate to their needs. replace foster carers who cease fostering. We have begun the process of implementing There are more than 91 children in residential the Hanly report. My Department, together with care awaiting a foster care placement. The health health employers, has initiated discussions with boards are actively working towards providing the medical organisations on a new contract for appropriate foster care placements for these consultants which would enable a consultant- children. In 2003, the total funding spent by the provided service to be established nationally. This health boards in the provision of financial support is a key element of the Hanly agenda. to foster carers was approximately \66.83 million. I am also moving to implement the report’s In 2001, the working group report on foster care recommendations on the reorganisation of acute was published. The report contains a wide range hospital services. The Hanly report examined the of recommendations designed to ensure that the organisation of hospital services in two regions, structures and services necessary to meet the those covered by East Coast Area Health Board needs of children in foster care, their families and and the Mid-Western Health Board. I will shortly foster carers be strengthened and further be announcing details of implementation groups developed. The Government is committed to in these areas. Each group will focus on the implementing the recommendations of the report detailed provision of acute hospital services in on a phased basis. future in line with Hanly. This report noted that the foster care allowance The report also proposed that the organisation was not adequate to meet the needs of children of acute hospital services in the rest of the in foster care and it recommended that the country should be examined. Today I announced allowance be increased, alleviating the need for the composition of an acute hospitals review foster parents to apply to health boards for every group, to be chaired by David Hanly, for this extra financial need of their foster children. purpose. It will be asked to prepare a national Before August 2001, the allowance was \90.85 hospitals plan for the interim health services per week for a child under 12 years and \108.88 executive, building on the principles of the Hanly per week for a child of 12 years and over. In line report. The group will be asked to examine the with the report the allowance was increased role and structure of acute hospital services on a substantially and the current rates of payment are national basis. \289.50 and \316.50 per week, respectively. Under the European working time directive, Another important recommendation of the we must reduce the average weekly working working group report was the development of hours of junior doctors to no more than 58 by 1 national standards incorporating planning and August. My Department is working closely with key performance indicators for the foster care the Health Service Employers Agency and other service. A committee was set up in 2001 to health agencies to bring this about. Negotiations formulate these standards, taking into account have commenced on the issue with the Irish the representative views of all bodies and Medical Organisation. individuals involved in foster care, including the Finally, in relation to medical education and children themselves. The national standards for training, I have asked the group that worked foster care, along with a children’s version, were originally as part of the national task force on launched in April 2003. The standards will serve medical staffing to remain in place to complete as a basis for consistently promoting quality of consideration of issues relating to postgraduate care in the foster care services. medical education and training. This will be of The standards include good practice particular concern in the context of a 48 hour procedures relating to the recruitment and working week which must be in place by August retention, support and training of foster carers. I 2009. The group’s final report is expected later am confident that the standards will significantly this year. improve the quality of our foster care services 331 Questions — 27 January 2004. Written Answers 332

[Mr. B. Lenihan.] with hospitals to recruit and retain more nurses and encourage new foster care applicants. It so that closed beds can be re-opened. should also be noted that, in parallel with these The figures for the final six months of 2003 are developments, the health boards undertake local being collected by my Department and will be initiatives on an ongoing basis to recruit foster forwarded to the Deputy as soon as they are carers. These initiatives include prominents available. displays of promotional materials, advertisements in local media and sponsorship of events Drug Abuse. organised in conjunction with the Irish Foster 153. Ms McManus asked the Minister for Care Association. Health and Children the number of opiate related As the Deputy will be aware, foster care deaths in Dublin during the past five years; the placements may not always meet the specific way in which this compares with the number of needs of individual children. A broad spectrum deaths from road traffic accidents; the steps he is of services are required, therefore, to meet the taking to provide a preventative programme to needs of the children in our care, for example, reduce the level of opiate related deaths; and if he family support services, foster care placements, will make a statement on the matter. [1883/04] residential placements and youth advocacy programmes. Minister for Health and Children (Mr. Martin): The Central Statistics Office, CSO, compiles the Hospital Services. general mortality register’s official statistics on direct drug-related deaths each year. The figures 152. Ms Shortall asked the Minister for Health on direct opiate related deaths in Dublin from and Children the total number of bed days which 1997 to 2000 are as follows: 1997, 50; 1998, 50; were lost in the first and second six months of 1999, 70; 2000, 63. 2003 as a result of bed closures and other factors; I am informed by the Department of Transport the steps which are being taken to deal with bed that road accident fatalities in Dublin from 1999 closures to ensure that optimum use is made of to 2002 is as follows: 1999, 57; 2000, 69; 2001, 63; all hospital beds; and if he will make a statement 2002, 49. The breakdown of figures for 2003 is not on the matter. [1911/04] yet available. Minister for Health and Children (Mr. Martin): At present, drug related deaths are recorded My Department routinely collects information on by the general mortality register of the CSO, beds not in use in acute hospitals from health based on the international classification of agencies on a quarterly basis. The most recent diseases, ICD, code system. Other countries have complete figures available to my Department developed dedicated systems for recording drug relate to the first six months of 2003. This data related deaths and it is important, for the shows that 50,584 bed days were lost in the purposes of comparative analysis, that the Irish period, which is equivalent to a daily average of system is capable of generating an equivalent 278 beds out of use representing just more than level of information. It is for this reason that one 2% of the available acute bed stock. The total of the actions contained in the national drugs bed days lost in 2002 as a result of closures is strategy calls for the development of an accurate equivalent to a daily average of 269 beds being mechanism for recording the number of drug closed which represents 2% of the overall related deaths. Overall responsibility for this available capacity. The equivalent percentage for action rests with the coroner’s service and the 2001 was also 2%. Central Statistics Office. Work has commenced It is a feature of all acute hospital systems that on progressing this action and my Department is some beds are out of use for short periods. Bed continuing to co-operate with the relevant closures fluctuate over time and may arise for a agencies to establish a mechanism to record variety of reasons such as ward refurbishment, accurately the position in relation to drug essential ward maintenance, staff leave, seasonal related deaths. closures and infection control measures. Some The overall objective of the National Drugs hospitals, particularly in the Dublin region, Strategy 2001-2008 is to reduce the harm caused temporarily closed some beds during 2003 due to to individuals and society by the misuse of drugs budgetary difficulties and the application of the through a concerted focus on supply reduction, accountability legislation of 1998. These closures prevention, treatment and research with the were in addition to the normal seasonal closures ultimate aim of leading a drug-free lifestyle. The that take place in hospitals around the country health related aspects of the national drugs during holiday periods. strategy focus in particular on education and According to the Eastern Regional Health prevention and treatment and rehabilitation, Authority there are 89 beds closed in the major including substitution treatment under the acute hospitals in Dublin and a small number of methadone protocol. beds are also closed for refurbishment within the The number of methadone treatment places eastern region. There are also a number of non- has expanded considerably in recent years in line acute beds closed partly due to staff shortages. I with the Government’s commitment under the understand that the ERHA is working closely national drugs strategy. At the end of December 333 Questions — 27 January 2004. Written Answers 334

2003 there were 7,029 people receiving indicate that a problem exists within the system. methadone treatment. This compares with a The Comptroller and Auditor General goes on figure of just more than 5,000 at the end of 2000. to say that achieving optimum efficiency in the In the Eastern Regional Health Authority there provision of public services may inevitably result are 59 drug treatment locations. This compares in the creation of waiting lists. with 12 locations in 1997. Outside the ERHA, As the Deputy will be aware, there are two treatment clinics have been established in the streams to hospital activity — emergency and South Eastern Health Board, Mid-Western elective activity. Pressures on the hospital system Health Board, Western Health Board and due to identified capacity constraints hinder its Midland Health Board. General practitioners and ability to provide elective activity in a planned pharmacists also provide treatment services and way because of the urgent and unpredictable their involvement has also increased in recent needs of emergency patients. This is a complex years. The boards aim to address substance area and compounded by difficulties relating to misuse by providing effective and sustainable the availability of long stay beds and other services working in partnership with clients and supports in the community. Patients who require with fellow service providers. All clients entering elective treatment may have to wait because beds, the addiction services are assessed and staff and operating theatres are being used to appropriate treatment plans are identified based treat emergency cases. The balance to be on client needs. Decisions concerning the achieved is to ensure that the available resources appropriate treatment for patients are made in are used efficiently and that treatment can be accordance with best practice guidelines. delivered to patients in a reasonable time. Overdose prevention is an inherent part of the The waiting list data for the period ended 30 comprehensive range of services which the September 2003 showed that there were boards provide, including education and significant reductions in the number of adults and prevention, treatment and rehabilitation, children waiting longest for in-patient treatment. counselling and harm reduction. International The total number of adults waiting more than 12 evidence supports the view that opiate users are months for in-patient treatment in the nine target safer in treatment. Therefore every effort is made specialties has fallen by approximately 42% in the to encourage clients to engage in treatment. period September 2002 to September 2003. The Outreach workers are provided by the three area total number of children waiting more than six health boards of the ERHA and they have a months for in-patient treatment in the same significant role in providing education to opiate specialties and for the same period has decreased misusers who are not currently in treatment on by approximately 39%. the dangers of overdose. Significant progress has been made in many The national advisory committee on drugs, health board areas to achieve the target of no NACD, has recently published a study on the adult waiting longer than 12 months and no child prevalence of opiate misuse in Ireland. The study waiting longer than six months. This has been estimates that 14,452 people were using heroin in achieved through active management of long 2001. Of these 12,456 were in the Dublin area. waiting lists at a local level and the involvement This represents a decrease on a 1996 figure, which of the national treatment purchase fund, NTPF. estimated that 13,461 people were using heroin in Up to the end of December 2003, more than the Greater Dublin area. 9,700 patients had already received treatments through the NTPF, predominantly in private Question No. 154 answered with Question hospitals in Ireland. All health boards outside of No. 143. the eastern region are reporting that, in general, those adults reported to be waiting more than 12 Hospital Waiting Lists. months and those children reported to be waiting 155. Ms B. Moynihan-Cronin asked the more than six months have either been offered Minister for Health and Children his response to treatment under the NTPF or have conditions the hospital waiting lists published in December that are complicated and need to be treated 2003; if he accepts that the latest list shows locally. virtually no improvement over the previous lists; While the rate of progress in achieving the the steps he intends to take to reduce the targets set out in the health strategy has been numbers on the lists and the waiting periods; and slower than anticipated, the targets still remain a if he will make a statement on the matter. goal to be achieved and I will continue to keep [1897/04] the focus on reducing waiting lists and waiting times. Minister for Health and Children (Mr. Martin): In the report of the Comptroller and Auditor Voluntary Health Insurance. General on the waiting list initiative, the Comptroller and Auditor General notes that the 156. Mr. Penrose asked the Minister for Health existence of a waiting list does not, in itself, and Children the Government’s proposals for the 335 Questions — 27 January 2004. Written Answers 336

[Mr. Penrose.] been forwarded to the chief executive officer of future of the VHI; and if he will make a statement each health board and the ERHA who have been on the matter. [1903/04] requested to examine it and to determine 162. Mr. J. O’Keeffe asked the Minister for whether additional precautionary measures are Health and Children his proposals in relation to necessary in health facilities in their functional the corporate status of the VHI; and if and when areas. it will be moved to the position of a public limited My Department has also forwarded the report company. [1804/04] to relevant Departments of State so that they can also determine if additional precautionary 168. Mr. Cuffe asked the Minister for Health measures are necessary in facilities under their and Children when he expects VHI to be control. My Department has also forwarded the privatised; and if he will make a statement on the report to the National Disease Surveillance matter. [2028/04] Centre with a request that it consider whether Minister for Health and Children (Mr. Martin): any changes to its current guidelines on the I propose to take Questions Nos. 156, 162 and management of Legionnaire’s disease are 168 together. necessary in the light of the report’s findings The Government’s decision relating to VHI’s and recommendations. corporate status, as set out in the White Paper on private health insurance, allows for it to be Consultant Appointments. moved to the position of a public limited 158. Dr. Twomey asked the Minister for Health company. Work in that connection is currently in and Children if progress has been made by his train and arrangements are being made to obtain Department relating to the consultants’ contract Government approval for the preparation of and how this will affect implementation of the legislation. The Government has not been European working time directive. [1880/04] presented with proposals, nor has it made any decision, to privatise the VHI. Minister for Health and Children (Mr. Martin): As part of the implementation of the Hanly Hospital Procedures. report and the wider health reform programme, my Department and health service employers 157. Mr. S. Ryan asked the Minister for Health have had preliminary discussions with the Irish and Children the steps he intends to take arising Hospital Consultants Association, IHCA, and the from the report of the inquiry into the death of a Irish Medical Organisation, IMO, in relation to person from Legionnaire’s disease in Waterford arrangement for the negotiation of a new Regional Hospital in April 2003; if it is intended consultants’ contract. to implement the recommendations of the report The management team met with the IMO and in regard to the steps being taken by his IHCA in December 2003 to discuss the selection Department; and if he will make a statement on of an independent chairman, the setting of an the matter. [1907/04] agenda, and the agreement of a timeframe for Minister for Health and Children (Mr. Martin): forthcoming substantive negotiations. It was An independent investigation team established intended that negotiations would get under way by the chief executive officer of the South in February 2004. However, notification has been Eastern Health Board has submitted a detailed received from the IHCA that, due to my decision report into the circumstances of the death of a to proceed with the introduction of the new patient from Legionnnaire’s disease at Waterford clinical indemnity scheme, it is not in a position Regional Hospital in April 2003. to send a delegation to negotiations on a new The report sets out a number of key contract. I regret this decision and I take this recommendations and the South Eastern Health opportunity to invite the IHCA to proceed with Board has taken the following steps. It has these important negotiations. carried out remedial work on the existing water As the Deputy will be aware, the report of the distribution system in Waterford Regional national task force on medical staffing, Hanly Hospital; installed chlorine dioxide treatment in report, recommends that the re-configuration of the water system; established an environmental our acute hospital services and compliance with monitoring committee in Waterford Regional the terms of the European working time Hospital with a proposal to establish a similar directive, EWTD, will require changes in committee in each acute hospital in the region; consultant work practices and the associated and recruited an environmental monitoring creation of a large number of additional officer. consultant posts. This will increase the availability At a national level, it is important to ensure of senior clinical decision-makers in line with the that the findings and recommendations of the reduction of the working hours of non-consultant report will contribute to the development of hospital doctors, NCHDs, to 48 hours a week by improved protocols and procedures in relation to 2009. Delays encountered in the negotiation of Legionnaire’s disease. Copies of the report have the consultants’ contract may have some affect on 337 Questions — 27 January 2004. Written Answers 338 the pace of progress on the implementation of the and for psychiatric hospitals, nursing homes, European working time directive. I am pressing, certain charitable institutions and sleeping therefore, for negotiations on a new consultants’ accommodation in hotels, guest houses and bed contract to commence as soon as possible. and breakfasts. Because of these amendments it However, implementation of other task force was necessary to change the commencement date recommendations can and must proceed for the introduction of the ban. The standstill alongside contractual negotiations. These include period for the amendments notified will end on 4 a study of the structure and organisation of acute February and 16 February 2004. hospital services nationally, national discussions Surveys carried out by the Office of Tobacco on measures to reduce NCHD hours in the Control show widespread support for smoke-free context of the task force’s recommendations, workplaces and the trade union movement are actions throughout the country to meet the strongly in favour of the measure. The owner, requirements of the EWTD and developing ways manager or person in charge of a workplace is of speeding up the recruitment process, legally responsible for ensuring compliance with particularly for consultants. health and safety requirements, including the The Government is committed to putting in prohibition on smoking in the workplace. As part place a consultant-provided service, harnessing of the process of monitoring compliance with the the contribution of all our hospitals; and smoke-free workplace requirement, authorised providing a wider range of appropriate services officers from health boards and the Office of and procedures in local hospitals. Tobacco Control will visit premises. I expect that the vast majority of employers, employees and Question No. 159 answered with Question the public will respect the new measures which No. 150. are primarily to protect people from exposure to toxic environmental tobacco smoke. I will make Smoking Ban. a decision on the new date for commencement 160. Mr. Howlin asked the Minister for Health of the smoke-free workplaces regulations in the and Children when he expects the draft near future. regulations regarding smoking in the workplace will now come into operation; if comments have Hospital Staff. been submitted or objections raised by other EU 161. Mr. Hayes asked the Minister for Health member states; the procedures which will be put and Children the steps he intends to take to deal in place to monitor and ensure compliance with with the high attrition rate of Irish qualified the regulations; the planned start-up date for nurses. [1547/04] implementation of the prohibition on smoking; and if he will make a statement on the matter. 174. Ms Shortall asked the Minister for Health [1896/04] and Children the steps being taken to address the continuing serious shortage of nurses; the further Minister for Health and Children (Mr. Martin): steps being taken to ensure that qualified nurses A report commissioned by the Office of Tobacco remain in the hospital service; and if he will make Control and the Health and Safety Authority on a statement on the matter. [1910/04] the health effects of environmental tobacco smoke in the workplace was published in January Minister for Health and Children (Mr. Martin): 2003. This report was prepared by an I propose to take Questions Nos. 161 and 174 independent scientific working group. together. The conclusions of the expert group are quite The recruitment and retention of adequate blunt on the risks to health from environmental numbers of nursing staff has been a concern of tobacco smoke. Environmental tobacco smoke is the Government for some time. A number of a cause of cancer, heart disease and respiratory substantial measures have been introduced in problems. Employees need to be protected from recent years, some with the specific intention of exposure at work. Current ventilation technology retaining existing staff and encouraging nursing is ineffective at removing the risk to health. staff who have left the profession to return to Legislative measures are required to protect employment. These include an increase of 70% workers from the adverse effects of exposure. in the number of nursing training places from 968 A draft of regulations to prohibit smoking in in 1998 to 1,640 from 2002 onwards; payment of the workplace was notified to the commission in fees to nurses and midwives undertaking part- April 2003, and during the three month standstill time nursing and certain other undergraduate period which allows member states to voice degree courses; an improved scheme of financial opinions on the measure, no objections or support for student paediatric nurses and student reservations were put forward. The commission midwives; the payment of fees and enhanced was notified of two amendments to the draft salary to nurses and midwives undertaking regulations in November 2003 to allow for courses in specialised areas of clinical practice; exemptions for prisons and outdoor work areas the abolition of fees for “back to practice” 339 Questions — 27 January 2004. Written Answers 340

[Mr. Martin.] each year for certain categories of health service courses and payment of salary to nurses and employees wishing to train as nurses; and the midwives undertaking such courses; financial introduction of flexible working options. support to State enrolled nurses, SEN, working The following table illustrates the in the Irish health service wishing to undertake improvements that have taken place in nursing nursing conversion programmes in the United numbers in recent years: Kingdom; 40 sponsorships being made available

1998 1999 2000 2001 2002

Whole-time Equivalents 26,611 27,044 29,173 31,428 33,395

In 1998, there were 26,611 whole-time 2,937. During the same period, the number of equivalent nurses employed in the public health nurses recruited was 4,084. Therefore the excess system. By the end of 2002 this figure had of recruits over retirements and resignations was reached 33,395. This is an increase of almost 6,800 1,147. This clearly demonstrates that the level of during the period or more than 25%. recruitment activity is well ahead of losses The most recent HSEA survey, published in through retirements and resignations. The figure November 2003, showed that 722 vacancies of 33,395 whole-time equivalents translates into existed at 30 September 2003, a decrease from 39,119 individual nurses. Of these, some 28,366 1,017 on 30 September 2002. The vacancy rate work full-time, and 10,753 work job-sharing or now stands at 1.85% nationally, a decrease from other atypical patterns. Thus, more than one the October 2000 figure of 4.3%. These vacancies quarter of the nursing workforce avail of family- are adequately compensated for through the use friendly work patterns. Figures from An Bord of overtime and agency nurses. Altranais indicate that there is a steady stream of In relation to attrition, the same survey found new entrants into the profession. The table below that, in the year ending 30 September 2003, the illustrates the number of applications for number of nurses who resigned or retired was registration between 1998 and November 2003:

Division 1998 1999 2000 2001 2002 2003

General 2,092 2,143 2,518 4,582 3,450 1,970 Mental Handicap 140 163 188 176 153 156 Psychiatric 239 236 248 266 410 365 Total 2,471 2,542 2,954 5,024 4,013 2,491

Foreign recruitment has made a valuable overseas nurses. The total number of foreign contribution to addressing staff shortages in the registrations for the years 1998-2003 is set out nursing area, and An Bord Altranais continues to hereunder:— receive applications for registration from

1998 1999 2000 2001 2002 Nov 2003

Overseas 94 142 631 2,311 1,760 740 EU (excl. Ireland) 1,417 1,521 1,585 1,424 1,194 839 Total (excl. Ireland) 1,511 1,663 2,216 3,735 2,954 1,579

It is clear from these figures that the system that is to be financed from the 2004 recruitment and retention measures I introduced allocation. [1553/04] are proving very effective. Minister for Health and Children (Mr. Martin): This matter is under consideration and will be Question No. 162 answered with Question finalised soon. Priority will be determined in line No. 156. with the Departments policy of “enterprise- wide” systems. Computerisation Programme. Question No. 164 answered with Question 163. Mr. P. McGrath asked the Minister for No. 142. Health and Children the aspect of the Question No. 165 answered with Question information technology and communication No. 143. 341 Questions — 27 January 2004. Written Answers 342

Health Services Executive. appointments to health boards in the period between the local elections in June and the 166. Dr. Twomey asked the Minister for Health establishment of the authorities; and if he will and Children if the new health services executive will be established as a statutory body or an make a statement on the matter. [1888/04] executive like the Eastern Regional Health 192. Mr. O’Shea asked the Minister for Health Authority. [1879/04] and Children the progress made with regard to Minister for Health and Children (Mr. Martin): the implementation of the recommendations of The interim health service executive which has the Brennan report; and if he will make a been established will be given corporate body statement on the matter. [1887/04] status under the Health (Corporate Bodies) Act Minister for Health and Children (Mr. Martin): to allow it to undertake specific set-up tasks and I propose to take Questions Nos. 170, 175 and to ensure the orderly transfer of functions to a 192 together. single delivery system, Health Service Executive, The Government’s decision on the health from 2005. Work on the preparation of the service reform programme is based on the necessary primary legislation to establish the recommendations of the following key reports: Health Service Executive on a full statutory basis the audit of structures and functions in the health by January 2005, is well under way. The Health system from the Prospectus report; the Service Executive will take over responsibility for commission on financial management and control health service delivery at that stage. systems in the health service from the Brennan report; and the report of the national task force Question No. 167 answered with Question on medical staffing in the Hanly report. No. 150. The new structure set out in this reform programme will provide a clear national focus on Question No. 168 answered with Question service delivery and executive management No. 156. through reduced fragmentation and the creation of clear and unambiguous accountability Hospitals Building Programme. throughout the system. Phase one of the 169. Mr. Deenihan asked the Minister for implementation of the reform programme Health and Children if the necessary finance will involved a widespread communications and be provided for an extension to the car park at consultation process and the establishment of 13 Tralee General Hospital, County Kerry; and if he action projects to think through and flesh out will make a statement on the matter. [1053/04] specific aspects of the programme. The action Minister for Health and Children (Mr. Martin): projects concluded as planned at the end of Recently my Department gave approval to the December. A composite document outlining the Southern Health Board to proceed with an main findings is being finalised. Phase two of the extension to the existing car park at Tralee reform programme is focused on transition to the General Hospital. The new facility is a self- new structures. It has commenced at this stage. financing initiative proposed by the board and did Last November I announced the establishment not require the provision of additional funding by of the board of the interim health service my Department. I welcome the introduction of executive and it held its first meeting earlier this this much needed facility at the hospital. month. The interim HSE will be responsible for: recommending the senior management structure Health Service Reform. for the new executive; recommending regional boundaries and location of regional headquarters 170. Ms McManus asked the Minister for for primary, community and continuing care Health and Children the steps he has taken to services and appropriate management structures date to implement the recommendations of the for consideration by the Government; and, within commission on the financial management and approved parameters, the selection and control systems in the health service; when it will appointment of a chief executive officer to the be established; the terms of reference and the HSE and subsequent appointments at senior programme of work for the interim HSE; and if management level. he will make a statement on the matter. The work to be undertaken by the interim HSE [1884/04] is one of four distinct but interrelated strands of 175. Ms Burton asked the Minister for Health activity that will take place under the reform and Children the progress made with regard to programme during 2004. The other three strands implementation of the Prospectus report on are: the legislative, mainstreaming, human health structures; when he expects to introduce resource and industrial relations aspects of the legislation to provide for the establishment of the reform programme for which my Department will four new regional health authorities; the continue to have lead responsibility; the work of provision there will be for democratic the acute hospitals review group chaired by Mr. accountability in regard to these new authorities; David Hanly; and the ongoing management of when he expects that the new authorities will be the health system and internal preparations for operational; the steps he intends to take for the new organisation and governance 343 Questions — 27 January 2004. Written Answers 344

[Mr. Martin.] required to report infectious diseases. These arrangements being led by the CEOs of health changes should enhance the information available board and the health boards executive. in Ireland on the epidemiology of hepatitis C by The Government has also appointed a national improving the comprehensiveness and quality of steering committee to oversee the notified data. implementation of the work programmes of the I understand from the ERHA that drug four strands. It will provide a co-ordinating forum treatment centres in the region have a policy of for actions being led in the respective strands and offering testing for HIV and hepatitis A, B and will ensure overall consistency with the C to patients who present for treatment of their Government’s decision. It will report on a regular addiction. The drug treatment centres’ policy of basis to the Cabinet committee on health viral screening, including hepatitis, forms part of strategy, ensuring that the Government is kept the general medical assessment for those entering informed on all important issues. treatment. It has contributed significantly to the The respective roles of the HSE’s CEO and ongoing education of this high risk group in terms board will be made explicit in the legislation to of prevention and early treatment intervention. be introduced. I will also continue to be I am also informed that, in 1994, the drug accountable to the Oireachtas in respect of my treatment centre board established a dedicated role and responsibilities and the relevant hepatitis C clinic on a sessional basis and these Oireachtas committees. The Oireachtas Joint services were extended in 2000. Attendances at Committee on Health and Children and the the clinic have risen from 960 in 2000 to Committee of Public Accounts will continue to approximately 1,387 in 2002. The dedicated clinic exercise their respective roles. offers assessment, testing, education and support Regional authorities will not be part of the new to persons with hepatitis C and, where structure. I have indicated that I will bring appropriate, referral to a hospital setting for forward proposals for the involvement of public treatment. The service was augmented in 2003 by representatives at local level. I shall build on the the establishment of a pilot programme for the ideas already outlined for consultation at regional level. Proposals are being prepared in my treatment of hepatitis C patients within a drug Department and I have indicated my intention to treatment setting. The early indications suggest discuss the matter with the Association of Health that treatment outcomes are comparable to Boards at a meeting in the near future. hospital based treatment settings. Recently I launched an information booklet, Infectious Disease Screening Service. hepatitis C — Guide for Drug Users and their Families, which was published by the DTCB. The 171. Mr. S. Ryan asked the Minister for Health booklet provides a comprehensive easy to read and Children if his attention has been drawn to guide for individuals and families affected by the concerns expressed in the United Kingdom hepatitis C. It will also be of value to general about the spread of hepatitis C where it is practitioners and other professionals working in estimated that up to 200,000 people may be the area of substance misuse and its associated infected, with many unaware that they are health risks. carrying the virus; the plans he has for a The recipient tracing unit of the Irish Blood programme to identify and treat patients here; Transfusion Service has operated a tracing and if he will make a statement on the matter. programme since 1994 to identify recipients of [1906/04] infectious or potentially infectious blood or blood Minister for Health and Children (Mr. Martin): products. Persons identified as having been I am advised that the figure of 200,000 persons infected by blood or blood products administered in the UK is probably derived from an estimated within the State are provided with a Health national prevalence rate of 0.4% in the Amendment Act card. It entitles them to a range population of 60 million. of free health services. A number of publications The prevalence of HCV infection in the have also been developed for this cohort. I have general population in Ireland is probably quite no plans to carry out hepatitis C screening in the low, lying somewhere between 0.03% and 1.4%. general population in view of the low prevalence Some high risk groups, such as intravenous drug of the disease. users, have extremely high rates of up to 81% to 92% prevalence. The risk of acquiring hepatitis C Hospitals Building Programme. increases with the length of an injecting career. A survey of short-term injectors showed 52% anti- 172. Dr. Upton asked the Minister for Health HCV positive. Other groups with increased risk and Children when it is expected that the new include homeless people at 18% and sex workers five storey facility at James Connolly Memorial at 8%. About 1,600 people are infected within the Hospital, Blanchardstown, which cost more than State by blood and blood products. \96 million to construct and equip, will be Under an amendment to the Infectious brought into service; the steps being taken to Diseases Regulations 1981 introduced on 1 ensure that the facility is commissioned without January, hepatitis C is now a notifiable disease. further delay; and if he will make a statement on In addition, laboratory directors are now also the matter. [1900/04] 345 Questions — 27 January 2004. Written Answers 346

Minister for Health and Children (Mr. Martin): Minister for Health and Children (Mr. Martin): Responsibility for the provision of services at the I am aware of the working paper recently hospital rests with the Eastern Regional Health produced by the ESRI on equity in the utilisation Authority. This major development is being of health care in Ireland, which is part of a funded jointly by the Northern Area Health research programme supported by the Health Board through the sale of surplus lands and my Research Board under the aegis of my Department. The projected full project cost is Department. \101.4 million. That includes \5 million approved As the Deputy is aware, this working paper has last year to facilitate refurbishment works at the not yet been finalised. It is subject to further hospital that are necessary as part of the discussion and further exploration of the data transition process to the new hospital and to involved. It would, therefore, be inappropriate facilitate a land transfer in line with the project for me to comment on it at this stage. development arrangements. My Department is advised that the first phase Accident and Emergency Services. of the transition to the new development at the 177. Mr. Naughten asked the Minister for hospital has been completed. Last September, the Health and Children the future role of the coronary care and cardiac unit, the therapeutic accident and emergency facilities in Ballinasloe psychiatry of old age unit, day hospital and the and Roscommon; and if he will make a statement rheumatology service transferred to the new on the matter. [1782/04] building. At present the further commissioning of this development is being examined by the Minister for Health and Children (Mr. Martin): ERHA and my Department. I presume that the Deputy is referring to the conclusions of the report of the national task Medical Cards. force on medical staffing, the Hanly report. 173. Mr. Wall asked the Minister for Health Today I announced the composition of an acute and Children the total estimated cost of hospitals review group to prepare a national extending medical card eligibility to children hospitals plan for the interim health services under 15 years; and if he will make a statement executive in line with the principles identified in on the matter. [1918/04] the Hanly report. The review group will be asked to examine the Minister for Health and Children (Mr. Martin): role and structure of acute hospital services so My Department has not estimated the cost of that it can provide the best possible service for extending medical card coverage to children patients as we implement the European working under 15 years of age. The health strategy time directive and introduce a consultant- includes a commitment that significant provided service. The hospitals referred to by the improvements will be made in the medical card Deputy will be examined in this context. income guidelines to increase the number of persons on low income who are eligible for it and Medical Inquiries. to give priority to families with children, especially children with a disability. This measure 178. Mr. Gilmore asked the Minister for Health and Children if the terms of reference of the should be viewed in the broader context of the inquiry to be chaired by Judge Maureen Harding- strategy’s emphasis on fairness and its stated Clarke into the activities of the former Drogheda objective of reducing health inequalities in our obstetrician (details supplied) have yet been society. I regret that it is not possible to meet this finalised; when the inquiry will begin; the form it commitment this year due to the prevailing will take; when he expects it to be completed; and budgetary situation. However, the Government if he will make a statement on the matter. remains committed to the introduction of the [1891/04] necessary changes within its lifetime and the matter will be kept under review Minister for Health and Children (Mr. Martin): Arising from the Medical Council’s report of an Question No. 174 answered with Question inquiry into the professional conduct of the No. 161. person in question, Judge Maureen Harding- Clarke has been selected to chair an inquiry into Question No. 175 answered with Question the issues raised. The format of the inquiry and No. 170. its terms of reference are being finalised and I expect to be in a position to bring Health Service Reform. recommendations before Cabinet shortly. I will be meeting with Patient Focus on 29 January 2004 176. Mr. Costello asked the Minister for Health to review progress. and Children if his attention has been drawn to the recent findings of the ESRI report, Equity in the Utilisation of Health Care Services in Ireland; Social Welfare Code. the steps he intends to take to address the issues 179. Mr. Connolly asked the Minister for raised in the report; and if he will make a Health and Children if he will address the statement on the matter. [1890/04] anomaly whereby a cohabiting couple are treated 347 Questions — 27 January 2004. Written Answers 348

[Mr. Connolly.] changes have impacted in that opportunities to as a married couple for the purpose of qualifying participate in physical activity have decreased for social welfare payments, and as two single while the prevalence of foods high in fat and individuals in their work for income tax purposes, sugar have increased in children’s diets. Data medical card applications and so on; and if he will from a recent study compiled from the health make a statement on the matter. [28067/03] behaviour in school children survey indicate that 20% to 21% of boys and girls are overweight in Minister for Health and Children (Mr. Martin): Ireland. Entitlement to health services in Ireland is The results of these surveys reflect a similar primarily based on means. Under the Health Act situation at global level. Developed countries are 1970, determination of eligibility for medical documenting increasing levels of overweight and cards is the responsibility of the chief executive obesity. A position paper prepared by the officer of the appropriate health board other than international obesity task force recommends that for persons aged 70 years and over, who are national obesity task forces be established to automatically eligible for a medical card. Medical develop and implement strategies to counteract cards are issued to persons who, in the opinion of the epidemic of obesity. the chief executive officer, are unable to provide In response to these trends and in line with the general practitioner medical and surgical services EU Health Council conclusions that member for themselves and their dependants without states need to address the issue of obesity using undue hardship. established national structures, I am in the Income guidelines are drawn up to assist in the process of establishing an obesity task force. determination of a person’s eligibility and these In recent years there has been a significant are revised annually in line with the consumer increase in health promotion activities associated price index. However, the guidelines are not with obesity prevention. These will have a long- statutorily binding and, even though a person’s term impact in addressing this issue. National income exceeds the guidelines, a medical card campaigns support the implementation of these may still be awarded if the chief executive officer strategies, the aims of which are to raise considers that his or her medical needs or other awareness of healthy diets and being active for circumstances would justify this. It is open to all health and for weight management. The persons to apply to the chief executive officer of campaign “Let it Go — just for 30 minutes” the appropriate health board if they are unable focused on the message that even minor increases to provide health services for themselves or their in the level of activity can lead to positive health dependants without hardship. I understand from benefits. The national healthy eating campaign my Department that, for the purposes of has concentrated on encouraging people to eat determining eligibility, the income of a cohabiting four or more portions of fruit or vegetables per couple is treated in the same way as the income day. As part of these campaigns health boards of a married couple by health boards. provide regional and local focus in schools, Childhood Obesity. communities and other settings. As a direct result of funding from the 180. Mr. Sargent asked the Minister for Health cardiovascular health strategy there are now 36 and Children his plans to deal with the problem additional community dieticians in post. These of childhood obesity; and if he will make a dieticians have formed partnerships with statement on the matter. [2034/04] community groups to provide nutrition 203. Mr. Sherlock asked the Minister for education, cookery programmes and healthy Health and Children the steps he intends to take eating projects. The majority of boards have been to deal with the threat to health posed by rising resourced to run specific targeted, focused, level of obesity identified in the recent annual sustained programmes aimed in particular at report of the National Nutritional Surveillance those on low income. Physical activity co- Centre; and if he will make a statement on the ordinators have also been appointed in each matter. [1908/04] board, promoting physical activity amongst the population as recommended in the national Minister for Health and Children (Mr. Martin): strategies. I propose to take Questions Nos. 180 and 203 together. Hospital Staff. The Sla´n survey published in 2003 highlights 181. Mr. Durkan asked the Minister for Health that 47% of the Irish population were overweight and Children if he has satisfied himself with the or obese in 2002, compared with 42% in 1998. availability of adequate medical, nursing and In the same period, the reported rates of those consultant staffing levels to meet the overweight have increased from 32% to 34% and requirements of all disciplines in the various obese from 10% to 13%. In addition to this, hospitals throughout the country; and if he will numbers reporting no physical activity have make a statement on the matter. [1995/04] increased among both men — from 21% to 30% — and women — from 20% to 25%. Minister for Health and Children (Mr. Martin): The issue of childhood obesity is a challenge The chief executive officer of each individual that is being addressed. Significant cultural health board has responsibility for the 349 Questions — 27 January 2004. Written Answers 350 management of the workforce, including the term care in Ireland at the joint press conference. appropriate staffing mix and the precise grades Following on from the publication of the O’Shea of staff employed within that board, in line with and Mercer reports, it was agreed that a working service plan priorities, subject to overall group should be established by my Department employment levels remaining within the to review the operation of the nursing home authorised ceiling. The Deputy may wish to note subvention scheme. that there has been an increase in the authorised I wish to advise the Deputy that the inaugural level of employment of 27,985 since 1997, or meeting of the working group took place in early almost 41%. December. One of the items for discussion by the I have already provided a very comprehensive working group at its first meeting was to agree reply to this question raised by the Deputy on 9 terms of reference for the review. However, due October 2003 outlining staffing levels and to the complex nature of the regulations and the measures taken to ensure adequate human variety of stakeholders involved, it was not resource management for the health services. possible to finalise agreement on the terms of Such initiatives continue to be implemented. reference. It was decided that each member would deliberate over the terms and that they Rape Crisis Centres. would be the subject of further discussions. It is 182. Ms B. Moynihan-Cronin asked the therefore not possible at this time to provide Minister for Health and Children the additional them to the Deputy. I will, however, ensure that resources it is intended to provide to the rape the terms of reference are forwarded to the crisis centres to help them cope with the Deputy as soon as they are agreed by the working increasing numbers of victims of sexual crime; group. The timeframe for the review will also be and if he will make a statement on the matter. the subject of discussion by the working group. [28400/03] Hospital Waiting Lists. Minister for Health and Children (Mr. Martin): 184. Mr. Boyle asked the Minister for Health The national steering committee on violence and Children the way in which the treatment against women, NSC, was established following purchase fund will manage the waiting list the report of the task force on violence again initiative; the extra costs involved in this move; women in 1997. Its purpose is to provide a the impact this will have on waiting lists; and if he multidisciplinary, multi-agency and cohesive will make a statement on the matter. [2026/04] response to the problem of violence against women and it is chaired by the Minister of State Minister for Health and Children (Mr. Martin): at the Department of Justice, Equality and Law In light of the commitment given in the health Reform, Deputy O’Dea. strategy to reform the organisation and Funding is provided by the Department of management of waiting lists, I have decided to Health and Children to the health boards for the give a significant lead role to the national provision of services to women victims of treatment purchase fund. Having a single funding domestic violence. Additional funding has been stream through the NTPF to reduce waiting times made available each year since the establishment for patients will ensure an efficient use of of the NSC so that now over \12 million is resources and guarantee good value for money provided annually to the health boards. from the funding being used. My Department is engaged in discussions with the NTPF with regard Nursing Home Subventions. to putting in place the necessary arrangements. 183. Mr. Quinn asked the Minister for Health Water Fluoridation. and Children the terms of reference of the group established by his Department to undertake a 185. Mr. Gogarty asked the Minister for Health review of the nursing home subvention scheme; and Children if his attention has been drawn to when he expects that report to be completed; and the criticisms of the fluoride forum by Dr. Paul if he will make a statement on the matter. Connett who participated in the forum; the [1905/04] reason the forum has not published Mr. Connett’s list of questions despite promising to do so; and Minister of State at the Department of Health if he will make a statement on the matter. and Children (Mr. Callaly): As the Deputy will [2031/04] be aware, an expenditure review of the nursing home subvention scheme has been carried out by Minister for Health and Children (Mr. Martin): Professor Eamon O’Shea, National University of The use of fluoride technology is known to Ireland, Galway. The review was commissioned manifest a positive oral health outcome. Local jointly by the Departments of Health and and national surveys and studies conducted since Children and Finance following on from a the introduction of fluoridation in this country Government decision in 1999. The O’Shea report attest to the reduced dental decay levels of was formally launched on 25 June 2003 at a joint children and teenagers in fluoridated areas press conference with the Minister for Social and compared with those residing in non-fluoridated Family Affairs, Deputy Coughlan. She launched areas. The safety and effectiveness of water the Mercer report on the future financing of long- fluoridation has been endorsed by a number of 351 Questions — 27 January 2004. Written Answers 352

[Mr. Martin.] Smoking Ban. international and reputable bodies such as the 186. Mr. Coveney asked the Minister for World Health Organisation, the Centre for Health and Children the person responsible for Disease Control and Prevention, the United the enforcement of the smoking ban in the States Public Health Service and the United workplace. [1555/04] States Surgeon General. As the Deputy is aware, I established the Minister for Health and Children (Mr. Martin): forum on fluoridation to review the fluoridation The owner, manager or person in charge of a of public piped water supplies in Ireland. The workplace is legally responsible for ensuring forum’s report was launched on 10 September compliance with health and safety requirements, 2002 and its main conclusion was that the including the prohibition on smoking in the fluoridation of public piped water supplies should workplace. As part of the process of monitoring continue as a public health measure. compliance with the smoke-free workplace requirement, authorised officers from the health The forum also concluded the following: water boards and the Office of Tobacco Control will fluoridation has been very effective in improving visit premises. I expect that the vast majority of the oral health of the Irish population, especially employers, employees and the public will respect of children, but also of adults and the elderly; the the new measures, which are primarily to protect best available and most reliable scientific people from exposure to toxic environmental evidence indicates that at the maximum tobacco smoke. permitted level of fluoride in drinking water at one part per million, human health is not Medical Cards. adversely affected; dental fluorosis — a form of discoloration of the tooth enamel — is a well- 187. Mr. M. Higgins asked the Minister for recognised condition and an indicator of overall Health and Children the number of persons who held medical cards in June 2002 and the latest fluoride absorption, whether from natural date for which figures are available; the sources, fluoridated water or from the proportion of the population this represents in inappropriate use of fluoride toothpaste at a respect of each such date; when it is intended to young age. There is evidence that the prevalence implement the commitment to extend eligibility of dental fluorosis is increasing in Ireland. for medical cards so as to bring in more than The forum consisted of people with expert 200,000 extra people; the new guidelines for knowledge spanning the areas of public health, eligibility for medical cards, published this month; biochemistry, dental health, bone health, food the number of additional people he estimates will safety, environmental protection, ethics, water qualify as a result of these changes; and if he will quality, health promotion and representatives make a statement on the matter. [1893/04] from the consumer and environmental areas. This diversity of professional backgrounds and Minister for Health and Children (Mr. Martin): The number of people covered by medical cards representation was reflected in the on the dates requested by the Deputy are as comprehensive way the forum conducted its work follows; and research. Ultimately, the forum took an evidence based approach to its examination of June 2002 December 2003 water fluoridation. The forum’s report emerged from 14 plenary 1,207,096 (30.81% of 1,158,143 (29.57% of meetings, several meetings of sub-groups and oral national population) national population) presentations of material from both proponents and opponents of fluoridation. The forum invited As the Deputy is aware, the health strategy the public to forward its views and examined includes a commitment that significant more than 1,000 submissions. In adopting a improvements will be made in the medical card participatory and evidence based approach, the income guidelines to increase the number of forum strove to ensure balance between persons on low income who are eligible for a participants from both sides of the debate on medical card and to give priority to families with water fluoridation. children and particularly children with a Following the publication of the forum report disability. This should be viewed in the broader members of the forum made presentations context of the strategy’s emphasis on fairness and countrywide to various civic groups and bodies, its stated objective of reducing health inequalities including the Irish Society of Toxicology and the in our society. Due to the prevailing budgetary Institute of Engineers of Ireland. Many issues situation I regret that it is not possible to meet raised by Dr. Connett were covered in the forum this commitment this year but the Government report. It was not considered appropriate to remains committed to the introduction of the respond comprehensively to all of Dr. Connett’s necessary changes within its term of office. questions in the forum report. A more It should be remembered that health board chief comprehensive response to all his questions will executive officers have discretion in the issuing be published in the coming months. of medical cards and also that a range of income sources are excluded by the health boards when 353 Questions — 27 January 2004. Written Answers 354 assessing medical card eligibility. Many scheme. Under this scheme, no individual or allowances such as carer’s allowance, child family unit pays more than \78 per calendar benefit, domiciliary care allowance, family month towards the cost of approved prescribed income supplement and foster care allowance are medicines. all disregarded when determining a person’s The strategy includes a whole series of eligibility. Given these factors and the initiatives to clarify and expand the existing discretionary powers of the CEOs, having an arrangements for eligibility for health services, income that exceeds the guidelines does not mean including recommendations arising from the that a person will not be eligible for a medical review of the medical card scheme carried out by card, and a medical card may still be awarded if the health board CEOs under the PPF, which the chief executive officer considers that a include: streamlining applications and improving the standardisation of the medical card person’s medical needs or other circumstances applications process to ensure better fairness and would justify this. It is open to all persons to transparency; providing clearer information to apply to the CEO of the appropriate health board people about how and where to apply for medical for health services if they are unable to provide cards; and proactively seeking out those who these services for themselves or their dependants should have medical cards to ensure they have without hardship. access to the services that are available. Non-medical card holders, and people with The medical card income guidelines issued by conditions not covered under the long-term the chief executive officers of the health boards illness scheme, can avail of the drugs payment for 2004 are as follows:

Medical Card Income Guidelines — Effective from 1 January 2004

\ Single Person Living Alone Aged up to 65 years 142.50 Aged between 66 and 69 years 156.00 Single Person Living with Family Aged up to 65 years 127.00 Aged between 66 and 69 years 134.00 Married Couple Aged up to 65 years 206.50 Aged between 66 and 69 years 231.00 Aged between 70 and 79 years 462.00 Aged between 80 years and over 486.00 Allowances For child under 16 years 26.00 For dependant over 16 years with no income maintained by applicant 27.00 For outgoings on house (rent, etc.) in excess of 26.00 Reasonable expenses necessarily incurred in travelling to work in excess of 23.00

As the medical card scheme is a demand-led mechanism for complaints to be dealt with; and if scheme and medical cards are issued by the CEOs he will make a statement on the matter. on the basis of medical need to persons who are [1892/04] unable to arrange for their own medical needs Minister for Health and Children (Mr. Martin): without undue hardship, it is not possible to Studies conducted in several developed countries predict accurately the numbers of persons who have established beyond question that medical will qualify for a medical card in 2004. error is a serious issue. These studies suggest that anywhere between 4% and 12% of patients may Medical Negligence. suffer an adverse event while in hospital. Some 188. Mr. Gilmore asked the Minister for Health caution needs to be exercised in interpreting data and Children if his attention has been drawn to from these studies as the definitions and the the serious concern about the disclosure on the methodologies used vary. There are no recent “Prime Time” programme that up to comparable data for Irish hospitals because no 14,000 people may be killed or injured each year such study has been carried out here. The figure as a result of medical negligence and the of 14,000 possible deaths and injuries used in the problems that patients face in securing “Prime Time” programme transmitted in satisfaction when mistakes occur; if he will now December is produced from an extrapolation of expedite the introduction of the medical the findings of the landmark Harvard medical practitioners Bill to provide a more effective malpractice study to Irish hospitals. I have made 355 Questions — 27 January 2004. Written Answers 356

[Mr. Martin.] he will make a statement on the matter. the point that the Harvard study data indicate [30090/03] that medical error is a serious problem that needs Minister for Health and Children (Mr. Martin): to be addressed. My Department’s modernisation action plan was All of the studies undertaken on medical error drawn up and submitted in accordance with the suggest that many of these errors are preventable terms laid down by the Civil Service performance and could be avoided through good risk verification group, CSPVG. These arrangements management. The Government has put are in line with those for all other Departments. significant resources into clinical risk The action plan was accepted by the CSPVG. The management over the past three years. In that \ first progress report was required by 24 October time in excess of 10 million has been allocated 2003 and was duly submitted with additional to health boards and hospitals under this heading. material as requested. Several health boards have developed and The CSPVG has assessed the progress implemented clinical risk management strategies. achieved on the commitments made by my Most acute hospitals have appointed at least one Department and agreed by the partnership clinical risk manager. Risk management has also committee. The assessment was made having been established as a key component of the regard to the progress report submitted, clinical indemnity scheme. All agencies covered additional material requested by the CSPVG and by the scheme are in the course of being supplied the report made by the Secretary General on with a state of the art IT system which will allow public service management and development in them to report and analyse adverse events and the Department of Finance on progress achieved claims. Ireland is the first country to have put across the Civil Service as a whole. Copies of all such a system in place on a national basis. I this material will shortly be made available on the expect that it will make a major contribution to website of the Department of Finance in enhancing patient safety in Irish hospitals. conjunction with the progress reports of all other Officials of my Department are discussing with Departments. On the basis of this assessment, the the health research board how the data generated CSPVG has decided that the progress achieved by the system might be used in appropriate warrants payment of the pay increases due from research projects. 1 January 2004 for all grades of staff in my The Medical Practitioners Act 1978 established Department. the Medical Council as the body responsible for Under Sustaining Progress, the assessment of the registration and regulation of the activities of verified progress for the health sector is the medical practitioners. In point 5 of its document responsibility of the Secretary General of my “Medical Council Statement of Core Policies Department. Following consideration of the 2000”, the council makes adequate indemnity findings of the health service performance insurance a clear requirements for those verification group, the Secretary General has registered. Where doctors working in a private decided that payment of the increases to all staff capacity are concerned, patients are advised to in the health service covered by the public service take additional care to satisfy themselves that a benchmarking body’s pay recommendations, with doctor has satisfactory cover in place at the time effect from 1 January 2004, is warranted. that they are treated. This decision was based on strong evidence of Draft legislative proposals providing for willingness within the health sector to co-operate further, wide-ranging amendments to the 1978 with modernisation and change under each of the Act are in the final stages of preparation in my headings set out in Sustaining Progress. Department following extensive consultation, and draft heads of a Bill are due to be brought to Hospital Staff. Cabinet in the very near future. One of the 191. Mr. Rabbitte asked the Minister for primary concerns of the amending legislation will Health and Children the status of the application be to provide for increased public protection. by AMNCH Hospital, Tallaght, for three paediatric consultant posts; the representations Benchmarking Awards. he has received and the measures he intends to 189. Ms Burton asked the Minister for Health take to expedite sanction for these posts and and Children the progress made to date in regard rapid appointment; and if he will make a to the implementation of the Civil Service action statement on the matter. [1916/04] plan drawn up to meet the requirements of the Minister for Health and Children (Mr. Martin): benchmarking process within his own Responsibility for the funding of services at the Department and within the public service Adelaide and Meath Hospital, incorporating the generally; if the Civil Service performance National Children’s Hospital, Tallaght, rests with verification group has decided that the level of the Eastern Regional Health Authority, ERHA. progress warrants the payment of the general Under an agreement involving the ERHA, the round of the benchmarking award on 1 January National Children’s Hospital at Tallaght, Our 2004; if payments will be withheld in any sector Lady’s Hospital for Sick Children, Crumlin, and due to failure to make adequate progress; and if St James’s Hospital, paediatric haematology and 357 Questions — 27 January 2004. Written Answers 358 haemophilia services were transferred from the identified the need for the preparation of a new National Children’s Hospital to Crumlin. As part national cancer strategy. The National Cancer of the agreement, the ERHA agreed to fund Strategy 2004 is currently being developed by the three new consultant paediatrician posts at the National Cancer Forum in conjunction with my National Children’s Hospital, Tallaght. Department. As part of this work, a sub-group of As the Deputy will be aware, Comhairle na the National Cancer Forum has been established nOspide´al, in addition to its advisory role, is the on generic screening. This multi-disciplinary statutory body whose main executive function is group has reviewed all issues relating to to regulate appointments of consultant medical screening, including examining specific diseases staff in hospitals providing services under the such as prostate and colorectal cancer. On Health Acts. On the three new consultant posts, screening for prostate cancer in particular, the Comhairle na nOspide´al has recommended that group recommended that there is currently a paediatric consultant with a special interest in insufficient evidence to recommend the endocrinology be approved as a joint introduction of a population-based prostate appointment with Our Lady’s Hospital for Sick screening programme in this country. The group Children, Crumlin. My Department is advised recommended that this issue should be reassessed that Comhairle na nOspide´al is in negotiations when the results are available from randomised with the two hospitals and the ERHA with regard trials currently being conducted. The group’s to the sessional split attaching to this post. recommendations will inform the development of I understand that the other two consultant the new national cancer strategy. paediatricians, one with a special interest in I wish to advise the Deputy of European respiratory medicine, the other with a special Commission recommendations on cancer interest in community child health, have been screening which were accepted by the Council approved by Comhairle na nOspide´al. The latter last December. The proposals do not provide for post is to be shared with the South Western Area specific recommendations in respect of screening Health Board. The filling of these posts is now a for prostate cancer. matter for the hospital. I wish to confirm for the The new national cancer strategy will build on Deputy that the necessary funding for these posts the progress that has been made during the is in place. implementation of the first national cancer strategy and set out the key investment areas to be targeted for the development of cancer Question No. 192 answered with Question services over the coming years. It will also make No. 170. recommendations on the organisation and structure of cancer services nationally. National Cancer Strategy. 193. Mr. Naughten asked the Minister for Hospital Accommodation. Health and Children the action he is taking to 194. Mr. Wall asked the Minister for Health address the prevalence, detection and treatment and Children the number of the promised 850 of prostate cancer; and if he will make a hospital beds now available in regard to his statement on the matter. [1385/04] announcement of July 2002; the hospitals in Minister for Health and Children (Mr. Martin): which they are available; the number in each case; As I have previously informed the Deputy, the and if he will make a statement on the matter. most recent report of the National Cancer [1917/04] Registry, Cancer in Ireland, 1994 to 1998: Minister for Health and Children (Mr. Martin): Incidence, Mortality, Treatment and Survival, The 850 additional beds which I announced in finds that rates of prostate cancer in men in all July 2002 were for community nursing units, age groups showed statistically significant CNUs, to be provided under a pilot public private increases. However, mortality rates showed no partnership, PPP, in 17 locations throughout the evidence of an upward or downward time trend. Eastern Regional Health Authority, ERHA, and The report states that the evidence of a Southern Health Board, SHB, areas. divergence between incidence and mortality rates The ERHA proposes to develop nine 50-bed may be due to better case-finding, more CNUs, three in each of the area health boards incidental diagnoses or a genuine increase in in the following locations: Clonskeagh Hospital, survival. The report further states that the Newcastle Hospital, County Wicklow, and Tivoli increase in incidence rates in men under 65 years Road, Du´ n Laoghaire, in the East Coast Area of age appears to be a recent phenomenon and Health Board; St. Joseph’s Hospital, Raheny, St. that it is notable how little mortality rates have Mary’s Hospital, Phoenix Park, and Swords in the changed over this same period of time. The Northern Area Health Board; St. Brigid’s report concludes that it is unclear from the figures Hospital, Crooksling, Bru´ Chaoimhı´n, Cork if mortality trends will change much in the future Street, and Cherry Orchard Hospital in the South but considers that it is unlikely that incidence Western Area Health Board. It is intended that rates will continue their steady climb. 20 to 25 day care places will be provided in each In recognition of the need to further develop location if the site is conducive to accommodating cancer services, the national health strategy the service. 359 Questions — 27 January 2004. Written Answers 360

[Mr. Martin.] 2003. While the review was being considered by The Southern Health Board proposes to officials in my Department, both the Brennan and develop eight 50-bed CNUs in the following Prospectus reports were published. Since the locations; St. Finbarr’s Hospital, Farranlea Road, contents and recommendations of both of these and Ballincollig in the Cork south Lee area; St. reports are relevant to the subject matter of the Stephen’s Hospital, Glanmire, and St. Mary’s GMS review, my Department requested Deloitte Orthopaedic Hospital, Gurranebraher, in the and Touche to update the draft in this light, and Cork north Lee area; Mount Alvernia Hospital, also having regard to the latest financial data Mallow, in the north Cork area; Bantry in the from the General Medical Services (Payments) west Cork area and Ballyard, Tralee, County Board. The final draft of this review has now Kerry. been received by my Department. It is my These additional beds are currently not intention to bring this review to Government as available because the process of providing soon as possible, at which time its publication and services under a PPP arrangement requires the implementation will be discussed. health board/authority to comply with the EU procurement legislation and national guidelines Hospital Accommodation. on PPPs. 197. Mr. Gormley asked the Minister for A draft public sector benchmark, which is a Health and Children the progress made in comprehensive and detailed risk adjusted costing providing more beds in line with the of the project elements using conventional Government’s health strategy; and if he will make procurement over the whole life of the project, a statement on the matter. [2025/04] have been prepared by the ERHA and the SHB. The draft public sector benchmarks have been 771. Mr. Durkan asked the Minister for Health submitted to my Department and are currently and Children the extent to which he proposes to under consideration. The next step will be to seek provide for patients requiring long stay Department of Finance approval for the projects accommodation with a view to maximising the and on approval contract notices will be availability of acute hospital beds; and if he will advertised in the Official Journal of the make a statement on the matter. [2166/04] European Communities. 772. Mr. Durkan asked the Minister for Health Compensation Schemes. and Children the extent to which he proposes to provide adequate medical and surgical beds to 195. Ms O’Sullivan asked the Minister for meet requirements; and if he will make a Health and Children the progress which has been statement on the matter. [2167/04] made by the working group on the development of a no-fault compensation system for birth 782. Mr. Durkan asked the Minister for Health damaged children; when he expects the group to and Children the precise requirement as report; if he will seek to expedite the introduction determined by experts in respect of acute hospital of proposals in this area; and if he will make a beds and long stay beds; if he intends to take statement on the matter. [1902/04] initiatives to ensure adequacy in the future; and if he will make a statement on the matter. Minister for Health and Children (Mr. Martin): [2224/04] The advisory group examining the feasibility of introducing a “no fault” compensation scheme Minister for Health and Children (Mr. Martin): for infants who suffer cerebral damage at, or I propose to take Questions Nos. 197, 771, 772 close to, the time of birth is engaged in the and 782 together. process of drafting its report. I expect that the On foot of the report, Acute Hospital Bed report will be completed and submitted to me by Capacity — A National Review, the Government the middle of this year. decided, in the context of the health strategy, Quality and Fairness: A Health System for You, General Medical Services Scheme. to provide an additional 3,000 beds in acute hospitals by 2011. Commissioning of the first 196. Mr. O’Shea asked the Minister for Health phase of this development, an additional 709 and Children when he intends to publish the acute hospital beds for public patients began in report commissioned from Deloitte & Touche on 2002. Some 568 of these beds have now been the GMS, which he received on 6 February 2003; commissioned and funding has been provided to if the report has been brought to Government; if commission the remainder. it is intended to implement the recommendations The national health strategy asserts the of the report; and if he will make a statement on Department of Health and Children’s the matter. [1899/04] commitment to using public private partnership’s Minister for Health and Children (Mr. Martin): as a means of accelerating the provision of health As I have stated previously in response to a infrastructure in accordance with general similar question, a draft copy of the Deloitte & Government policy. PPP pilots are currently Touche consultancy review of governance and being piloted in the health sector in the area of accountability mechanisms in the GMS schemes community nursing units, CNUs, for older was received by my Department in February people. It is anticipated that 17 new CNUs will 361 Questions — 27 January 2004. Written Answers 362 be created when the initial pilot programme is 600 additional day hospital beds with facilities complete, providing up to a maximum of 850 new encompassing specialist areas such as falls, beds for older people. The services offered in osteoporosis treatment, fracture prevention, these units will include: assessment/rehabilitation, Parkinson’s disease, stroke prevention, heart respite, extended care and convalescence. failure and continence promotion clinics. Furthermore, day centres for the elderly will be Residential care recommendations included: combined with the CNUs in each site to help 5,600 additional extended care/community promote the dignity and independence of older nursing unit places over a seven to ten year people living in the community. period, including provision for people with The Department is also involved with the dementia; and improved staffing levels in Eastern Regional Health Authority and the extended care units. The provision of the above health boards in an ongoing process of designing services is contingent on the necessary resources and developing CNUs for older people through being made available. On performance, national the traditional procurement method rather than standards for community and long-term through the PPP process. A number of such residential care of older people will be prepared. projects are at an advanced stage of planning and Since 1997 over \270 million in additional consist in the main of 50 bed community nursing revenue funding has been provided for the units with associated day care facilities. In some development of services for older people. In instances these new units will replace existing addition, significant capital funding has been unsuitable accommodation while in other cases made available through the national development these developments will increase the number of plan for the provision of additional extended care public long-stay beds available for older people. and associated facilities around the country. These submissions are being considered in Proposals are also being developed for the consultation with the Department of Finance. provision of an extra 850 long-stay beds in the Eastern Regional Health Authority and Southern Health Care Costs. Health Board areas under a public private 198. Mr. Gogarty asked the Minister for Health partnership pilot scheme and the preparation of and Children if he accepts that the ageing business cases is well advanced. population in Ireland and elsewhere will The Deputy will also be aware that in June inevitably mean that health care costs will 2003 my colleague the Minister for Social and increase; the studies his Department has carried Family Affairs published the Study to Examine out on projected increases in costs because of the Future Financing of Long-Term Care in demographic changes; and if he will make a Ireland, undertaken by Mercer Limited. This statement on the matter. [2030/04] study considers possible financing options, including private sector or combined public Minister of State at the Department of Health private sector approaches, use of the PRSI system and Children (Mr. Callely): As the Deputy indicates, the figures from the Central Statistics to finance-fund long-term care or alternatively, Office collated from the results of the census whether the current system of long-term care suggest that the average age of the population is financing, through taxation, should remain the increasing. Projections based on the 1996 census status quo. I understand that the Minister intends indicate that in 1996, 402,000 or 11.5% of the to undertake a wide process of consultation to Irish population were over 65. Forecasts suggest initiate a public debate on the matter before a that by 2031 this figure will have more than decision is made on the best way forward. doubled and that the percentage of the population aged over 65 will be between 18% and Hospitals Building Programme. 21% at that stage. The Government is aware of 199. Dr. Upton asked the Minister for Health this trend and addressed some of the issues and Children when he intends to provide for the arising from it in its health strategy publication, upgrading of facilities at St. Brendan’s mental Quality and Fairness — A Health System for hospital, Dublin; and if he will make a statement You, published in 2001. on the matter. [1914/04] In so far as the development of services to meet an increasing population of older people is Minister for Health and Children (Mr. Martin): concerned the health strategy outlined the need The provision for the upgrading of health for certain developments. Regarding community facilities at the Grangegorman site together with services, the following was recommended: accommodation for the Dublin Institute of recruitment of a multi-disciplinary range of staff Technology will be addressed in the context of to support the development of primary care last year’s Government decision relating to the services such as domicilliary care, and day and overall development of the site. That decision respite services; the provision of 7,000 day centre provides for the establishment of a statutory body places. The following were recommended in to be called the Grangegorman Development respect of hospital services: 1,370 additional Agency. My colleague, the Minister for assessment and rehabilitation beds; associated Education and Science, has been given development of acute geriatric medical services responsibility for drafting the necessary and appointment of additional geriatricians; and legislation to establish the agency. I understand 363 Questions — 27 January 2004. Written Answers 364

[Mr. Martin.] position within that discipline in relation to that the preparation of the Bill is at an assisted human reproduction. Working groups advanced stage. were then formed to examine specific topics and issues that needed to be addressed. The working Smoking Ban. groups meet on a regular basis to discuss their 200. Mr. Eamon Ryan asked the Minister for tasks and to progress the work of the commission. Health and Children if he believes the smoking I have been informed that the work group ban will go ahead as planned; and if he will make structure facilitates close attention to a relatively a statement on the matter. [2032/04] limited range of topics by a highly specialised group. It also facilitates the detailed exploration Minister for Health and Children (Mr. Martin): of a range of ethical and social implications that I will make a decision on the new date for arise from assisted human reproduction. commencement of the smoke-free workplaces The commission organised a one-day regulations in the near future. I believe that the conference in Dublin Castle in September 2001. vast majority of employers, employees and the The conference dealt with the social, ethical and public will comply with the new measure. The legal factors inherent in assisted human primary purpose of making workplaces smoke- reproduction. It provided an opportunity for an free is to protect people from exposure to toxic exchange of views between experts in the various environmental tobacco smoke. fields from Ireland, the UK, France and Germany. Pharmacy Regulations. When the commission was set up, I indicated 201. Mr. Rabbitte asked the Minister for that it would be required to seek submissions Health and Children when the Mortell report will from the public and to consult appropriate be published; his views on the future regulation interests. In order to inform itself on the current of pharmacy services in Ireland; and if he will state of public opinion in Ireland on assisted make a statement on the matter. [1997/04] human reproduction, the commission placed an Minister for Health and Children (Mr. Martin): advertisement in the newspapers inviting I established the pharmacy review group in interested members of the public, professional or November 2001 to examine the pharmacy issues voluntary organisations and other parties who raised in the OECD report on regulatory reform wished to do so to make written submissions in Ireland. The group submitted its report on 31 before Wednesday, 31 October 2001. Over 1,600 January 2003. I have been examining the complex of these were received and examined. legal and other issues surrounding the group’s I understand that the commission has engaged recommendations. Deputies will appreciate that in a number of information gathering exercises it would be not be appropriate for me to that include a survey of assisted human comment on the report’s recommendations reproduction services provided in specialised before completion of this examination. I intend clinics. A survey instrument was drafted by the to publish the report shortly. commission with a view to establishing the extent of the provision of assisted human reproduction Assisted Human Reproduction. services in Ireland. The commission issued a survey instrument to a random sample to 50% of 202. Mr. Sherlock asked the Minister for Health and Children the progress made by the GPs in all health board areas. I understand that Commission On Assisted Human Reproduction a high proportion of those surveyed responded. which was established in March 2000; when he The commission also issued a survey instrument expects to receive the report of the commission; to obstetricians and gynaecologists to elicit and if he will make a statement on the matter. information on their level of involvement in [1909/04] assisted human reproduction services. The commission has also surveyed public attitudes Minister for Health and Children (Mr. Martin): and opinions on a range of questions related to The Commission On Assisted Human assisted human reproduction. I understand that Reproduction was established in March 2000 with the commission will complete its report shortly. the following terms of reference: to prepare a Its recommendations will provide the basis for report on the possible approaches to the informed public debate before the finalisation of regulation of all areas of assisted human any policy proposals. reproduction and the social, ethical and legal factors to be taken into account in determining Question No. 203 answered with Question public policy in this area. No. 180. The commission has met on 21 occasions to date. The first meeting was held on 26 July 2000 Genetically Modified Organisms. and the most recent on 11 November 2003. I understand that the commission has adopted an 204. Mr. Timmins asked the Minister for interdisciplinary approach to its work. Initially, Health and Children his policy with respect to each discipline — medical, legal, scientific and GM foods; and if he will make a statement on the social — prepared a report outlining the current matter. [29248/03] 365 Questions — 27 January 2004. Written Answers 366

Minister of State at the Department of Health approach to service delivery. My Department will and Children (Mr. T. O’Malley): The EU now has also work with the East Coast Area Health Board one of the most rigorous regimes for the pre- and the Mid-Western Health Board on the marketing assessment of GMOs as well as food development of primary care services in their and feed derived from GMOs. Under current EU regions as an essential component of the hospitals laws and new EU legislation to come into force in reform programme being undertaken in April 2004, only GM foods that satisfy the highest accordance with the recommendations of the standards of safety will be allowed on the market. national task force on medical staffing. In the event of a problem being identified with a Work will also be undertaken by the health GM food provisions allow for its temporary or boards to further develop the ten primary care long-term removal from the marketplace. implementation projects — one in each health Ireland applies EU legislation on genetically board area — which I have approved. These modified, GM, foods and, at present, has no projects are building on the services and additional national legislation. Under EU rules, resources already in place in the locations only authorised GM foods or ingredients can be involved so as to develop a primary care team in placed on the market and these foods must be line with the multi-disciplinary model described labelled appropriately to allow consumers to in the strategy. The necessary revenue funding to choose. The Food Safety Authority of Ireland, enable the appointment of the required FSAI, is the competent authority in Ireland for additional personnel has been provided in each the enforcement of legislation governing GM case. These projects are currently at different food and carries out regular checks of the stages of development, with a number already marketplace to ensure compliance with GM providing new or enhanced primary care services food legislation. to their target populations. Under new legislation the safety assessment of The primary care strategy indicated that a all GM products will be carried out by the significant component of the development of European Food Safety Authority, EFSA, a new primary care teams, in the short to medium term, independent agency set up specifically for this would involve the reorientation of existing staff purpose. Once a GM food is authorised new and resources. My Department has therefore legislation on traceability and labelling will asked the health boards to develop initiatives to ensure full traceability of GMOs throughout the give effect to multi-disciplinary team-working on chain from farm to table providing consumers a more widespread basis. This will include with comprehensive information by labelling all reorganisation of current resources within food and feed consisting of, containing, or primary care and community services and the produced from, a GMO. development of collaborative initiatives between Consumer safety and consumer choice are the providers of primary care services and with paramount in the approach taken to GM foods as providers and users within the wider health reflected in the extent of the legislation system. In addition, the health boards have also developed to deal with this sensitive area. No been asked to complete a mapping exercise to credible evidence has yet been provided to show plan the locations for future primary care teams that GM foods pose a risk to human health; in and networks within their respective regions. addition, measures to allow post-release My Department is at present developing a monitoring of GM foods are provided for in the policy document which is intended to expand legislation. upon the key principles in the strategy to assist I am satisfied that appropriate arrangements in informing the process of forming primary care are in place to ensure the safety of authorised teams and networks on a system-wide basis. This GM foods, or foods containing GM ingredients document will be published in the course of 2004. placed on the market in Ireland. Work has been undertaken by the individual health boards on a high-level needs assessment Health Service Reform. and, once completed, this will be followed by the development of appropriate templates to enable 205. Ms O. Mitchell asked the Minister for more detailed assessments to be undertaken at a Health and Children the aspects of the primary local level. The future human resource care strategy that will be put in place in 2004. requirements for the overall implementation of [1537/04] primary care policy will be informed by this needs Minister for Health and Children (Mr. Martin): assessment process and by the mapping exercises In 2004 my Department, working in partnership being conducted by each health board. with a range of interests, will continue to drive the implementation of the primary care strategy Hospital Waiting Lists. and to develop policy in this regard. The 206. Mr. Boyle asked the Minister for Health implementation process is being overseen by the and Children the reason his Department does not national primary care steering group, which is support the idea of a single waiting list; and if he representative of a wide range of stakeholders. will make a statement on the matter. [2027/04] The detailed planning for implementation of the health services reform programme will allow Minister for Health and Children (Mr. Martin): the development of service delivery and I assume the Deputy is referring to a single administrative structures which best facilitate the waiting list for public and private patients who implementation of the interdisciplinary model of are waiting for treatment at a public hospital. primary care as an integral part of a whole-system Under the terms of the consultants’ common 367 Questions — 27 January 2004. Written Answers 368

[Mr. Martin.] boards and highlights the many improvements contract, consultants are entitled to engage in which have taken place in the care of the private practice within the hospital or hospitals in mentally ill over recent years. which they are employed. Placement of patients The inspector has welcomed the establishment on a waiting list for private treatment is of the Mental Health Commission in April 2002. essentially, in the first instance, a matter for the The commission will be the main vehicle for the consultant concerned. Information on private waiting lists is not routinely collected by public implementation of the provisions of the new hospitals. Issues concerning private practice will Mental Health Act 2001 and its independent be pursued in the context of the negotiations on status will be crucial in driving the agenda for the new consultant’s contract. change and modernisation in the mental health services in the coming years. Question No. 207 answered with Question An expert group on mental health policy, No. 150. which I established in 2003 is preparing a new national policy framework for the mental health Mental Health Services. services, updating the 1984 policy document, 208. Mr. Quinn asked the Minister for Health Planning for the Future. As part of the process and Children the steps he intends to take to the expert group is now examining written address the seriously inadequate conditions in submissions on the matter. our mental hospitals highlighted in the recent I assure the Deputy that, while I am pleased report of the Inspector of Mental Hospitals; and with the scale of the progress being made in many if he will make a statement on the matter. of the services, I accept that much remains to be [1904/04] done in providing a service which will enhance Minister of State at the Department of Health the quality of life of those suffering from mental and Children (Mr. T. O’Malley): The report of illness. It is my intention to facilitate the service the Inspector of Mental Hospitals for the year providers in bringing about the improvements ending 31 December 2002 was published on 10 and developments identified by the inspector as September 2003. I welcome the publication of this quickly as possible and I am fully committed to report and acknowledge the important role that ensuring that the recommendations made in the the Inspector plays in providing an accurate and inspector’s report for 2002 are followed up as detailed account of services in the mental health soon as possible. sector throughout the country. In his 2002 report, the Inspector of Mental Hospitals notes the continuing decline in the 209. Mr. Cuffe asked the Minister for Health number of patients in psychiatric in-patient and Children the reason for the difference in facilities, from 4,256 at the end of 2001 to 3,966 performance between hospitals under the at the end of 2002. Approximately 11%, 2,723, of casemix scheme; if he accepts that accident and all admissions to psychiatric hospitals and units in emergency admissions have a major bearing on 2002 were involuntary admissions. Ireland has a results; and if he will make a statement on the significantly higher rate of involuntary admission matter. [2029/04] than other European countries. However, it is anticipated that the full implementation of the Mental Health Act 2001 with its more stringent Minister for Health and Children (Mr. Martin): procedures for involuntary detention, will The rationale for the use of casemix systems as significantly reduce the number of involuntary part of the budgetary process is the wish to base admissions, bringing practice in this country more funding on measured costs and activity, rather into line with the rest of Europe. than on less objective systems of resource In his report, the inspector refers to the allocation, and to fund hospitals based on their ongoing replacement of old institutional mental hospitals with acute psychiatric units attached to “mix” of cases. In other words a hospital should general hospitals. He expresses disappointment at be funded for the patients they actually treat. the failure of the newly constructed psychiatric The reason hospitals fare differently under the units at Portlaoise General Hospital and programme is that each hospital’s cost per case is Castlebar Regional Hospital to open as planned compared with that of its peers, for example, the in 2002. However, I am pleased to inform the cost of a tonsillectomy in one teaching hospital Deputy that the unit in Castlebar opened in versus another. The peer group sets the mean for December 2003 and that the Portlaoise unit is each type of case treated, not my Department. expected to open shortly. The opening of three Those whose cost per case is higher than the more units is pending. mean have some of their funding redistributed to The inspector welcomed the considerable those whose cost per case is lower. reinforcement of various sub-specialties within psychiatry, with the appointment of additional The programme is operated in an open and consultants in later-life psychiatry, child and transparent fashion, and full details of the clinical adolescent psychiatry, forensic psychiatry, and financial information on which casemix rehabilitation psychiatry and liaison psychiatry in budget adjustments are based is provided to all general hospitals and he is complimentary of the participating hospitals. developments in mental health care in all health 369 Questions — 27 January 2004. Written Answers 370

Admissions through accident and emergency 228. Mr. R. Bruton asked the Taoiseach if do not have a bearing on results as the complexity assessments are under way in his Department on of cases admitted as emergencies is fully taken the activities proposed for decentralisation; the into account. Issues such as excessive length of impact on the operations of the Department; the stay and severe complexity are all considered. risks to the organisation attendant on this move; Hospitals are not given a profile of patients that the measures that will be put in place to minimise they must treat but rather they are judged on disruption; and if these reports will be presented their relative efficiency in treating their cases to him at an early date for consideration. versus their peers. [1971/04] Casemix is an internationally accepted 231. Mr. Kenny asked the Taoiseach if a survey management system for the monitoring and of staff in his Department has been conducted to evaluation of health services which allows for the ascertain the number willing to take part in the collection, categorisation and interpretation of Government decentralisation plans; if he will hospital patient data related to the types of cases detail the results of any such survey and the treated, in the hope that it would assist hospitals number of staff who wish to decentralise; and if to define their products, measure their he will make a statement on the matter. productivity, and assess quality. [2232/04] The key benefit of casemix measurement is the extent to which it provides a common language The Taoiseach: I propose to take Questions for service planning, management and Nos. 212, 228 and 231 together. development that is meaningful to both clinicians My Department is not included in the and managers, and facilitates cost comparison, decentralisation proposals announced by the clinical audit, strategic services planning and the Minister for Finance in the budget, although I am collection of meaningful epidemiological data. It conscious that some members of staff may wish is the only model capable of dealing with the to avail of the opportunity to decentralise. An complexities of resource allocation within the implementation committee has been appointed hospital service. I am committed to the expansion by the Minister for Finance to drive the process of the programme as a central pillar in the forward and this committee has been asked to budgetary process. prepare and submit an overall implementation A comprehensive review of the entire national plan to the Minister by end-March. There are no casemix programme has been carried out by the plans to conduct a survey in advance of the casemix unit of my Department. This review has preparation of this plan. taken place in an open, inclusive manner and included consultation with all the stakeholders in Departmental Staff. the process, including hospital managers and 213. Mr. J. O’Keeffe asked the Taoiseach the clinicians. steps which have been made towards The intention of the review was to ensure that implementing the recommendations contained in the system is fair and accurate, and robust enough a report by the Office of the Parliamentary to incorporate all the strategic developments Counsel entitled “Explanatory Memoranda: An being proposed in the medium-term. A report on OPC Perspective”, which has been submitted to the matter is presently being prepared which will the Chief Whip; and if he will make a statement make recommendations for the enhancement of on the matter. [1054/04] the model. This will result in Ireland having one of the most advanced casemix systems in the 214. Mr. J. O’Keeffe asked the Taoiseach the world, while still being an “Irish” system for length of time it takes to fully train a Irish patients. draftsperson. [1055/04] 215. Mr. J. O’Keeffe asked the Taoiseach the Question No. 210 answered with Question system of formal structured training which has No. 142. been put in place for the recently recruited parliamentary counsel. [1056/04] Question No. 211 answered with Question No. 148. 216. Mr. J. O’Keeffe asked the Taoiseach the measures which have been put in place to ensure Decentralisation Programme. that members of the Office of the Parliamentary Counsel take cognisance of the decisions of the 212. Ms O. Mitchell asked the Taoiseach if a superior courts involving statutory interpretation survey of staff to determine interest in and the constitutionality of legislation. [1057/04] participating in the decentralisation programme has been undertaken in his Department; when it 217. Mr. J. O’Keeffe asked the Taoiseach the will be completed; and if the results will be reasons the drafting manual relating to the Acts published or otherwise made available to and the drafting manual relating to secondary Deputies. [2324/04] legislation has not been published. [1058/04] 371 Questions — 27 January 2004. Written Answers 372

218. Mr. J. O’Keeffe asked the Taoiseach the Library in September 2003. These documents reason the fully resourced and staffed Office of were not published as they were prepared for the Parliamentary Counsel has failed to discharge officials involved in drafting statutory instruments its functions in the transposition of secondary and for parliamentary counsel and are subject to legislation to such an extent that a precedent has review. been set by engaging outside counsel. [1059/04] The primary function of the Office of the 219. Mr. J. O’Keeffe asked the Taoiseach the Parliamentary Counsel to the Government is to plans he has in conjunction with decentralisation draft Bills and Government orders. It is a matter to dissolve the Office of the Parliamentary for Departments and offices to submit statutory Counsel in order to allocate at least one instruments to the office for settling or drafting. parliamentary counsel to each Government The engagement of outside counsel did not arise Department. [1060/04] from any failure in the service provided by the 220. Mr. J. O’Keeffe asked the Taoiseach if, as office but rather by a desire to enable a direct result of benchmarking, there is likely to Departments to tackle within a short period of be an increase in the number of Bills being time a backlog of EU measures which awaited produced by the Office of the Parliamentary transposition. In that context, the initiative was Counsel. [1061/04] very successful and the European Commission last week complimented Ireland when figures The Taoiseach: I propose to take Questions were released showing us as meeting the 1.5% Nos. 213 to 220, inclusive, together. target for implementation of the EU Internal The document entitled Explanatory Market laws. The Office of the Parliamentary Memoranda: An OPC Perspective, was prepared Counsel produced 17 Bills during the period in the Office of the Parliamentary Counsel to the Government in response to the Law Reform commencing the last parliamentary session and Commission report, Statutory Drafting and the commencement of this session. Interpretation: Plain Language and the Law. The The Office of the Parliamentary Counsel, paper examined explanatory memoranda to Bills which forms part of the Office of the Attorney and contained a set of draft guidelines to assist General and is organised into three groups each Departments in the preparation of explanatory servicing a number of Departments, is very memoranda. effective. It would not be efficient to have it It has always been recognised that it takes a dispersed among Departments. Parliamentary considerable period of time to train new counsel work in close co-operation with advisory parliamentary counsel but in recent years the counsel in the Office of the Attorney General in period has been much reduced. To further aid the the preparation of legislation. The Attorney process, the office put in place in December 2002 General advises the Government on the a training plan which is being implemented in constitutionality of legislation and in relation to respect of the five drafters recruited since August other legal issues that arise. 2002. The plan is comprehensive covering competencies, training topics, guidelines for on- The number of Bills enacted in recent years has the-job training, checklist for reviewing drafts, increased dramatically as is evidenced by the induction checklist, relationship between following table. advisory counsel and parliamentary counsel on drafting files, training log and on-line legislative Primary Legislation drafting resources. The office, in conjunction with the Office of the Year No. of Acts Pages Chief State Solicitor, has put in place a knowledge management strategy, an element of 1984 27 300 which ensures that parliamentary counsel are 1989 23 588 informed on a range of issues, including 1994 34 815 European Union law, European Convention on 1999 35 1,166 Human Rights, international law and decisions of 2000 42 1,531 the Supreme Court in respect of statutory 2001 57 2,269 interpretation and the constitutionality of legislation. 2002 34 991 Copies of “Statutory Instruments: Drafting 2003 46 1,824 Checklist and Guidelines”, prepared in the Office of the Parliamentary Counsel to the Government, were issued to Government Departments and This involves both advisory and drafting staff offices in March 2003. A copy of the drafting in relation to the preparation of Bills but also in manual containing guidelines and precedents to the preparation of amendments which can be assist drafters was placed in the Oireachtas considerable, complex and time-consuming. 373 Questions — 27 January 2004. Written Answers 374

Freedom of Information. I will elaborate further on the statistics when 221. Mr. Kenny asked the Taoiseach the total answering oral parliamentary questions on the number of requests for information under the matter in the next few weeks. Freedom of Information Acts received by his Department in 2003; the number of requests Unemployment Levels. received per month for 2003; the number of 222. Mr. Crowe asked the Taoiseach the requests received per month for 2002; and if he number of people who were signing for will make a statement on the matter. [1062/04] unemployment assistance at the Tallaght social welfare office for each of the past 12 months. The Taoiseach: The number of requests [1499/04] received in my Department in 2002 and 2003 are as follows: Minister of State at the Department of the Taoiseach (Ms Hanafin): The live register series 2002 2003 gives a monthly breakdown of the number of people claiming unemployment assistance, January 20 21 unemployment benefit and other claimants February 12 29 registered with the Department of Social and March 14 30 Family Affairs. Figures are published for each county and each local social welfare office. The April 10 10 most recent information available is for May 10 11 December 2003. It should be noted that the live June 9 7 register is not a definitive measure of July 10 13 unemployment as it includes part-time workers August 8 6 and seasonal and casual workers entitled to September 7 4 unemployment assistance or benefit. Statistics on October 13 2 unemployment are measured at regional level by November 15 6 the quarterly national household survey. December 18 3 The number of persons registered for Total 146 142 unemployment assistance over the last 12 months, as requested by the Deputy are set out in the following table:

Persons signing on the live register at Tallaght local office

Month Year Unemployment Benefit Unemployment Assistance Others Total

December 2003 1,715 1,571 115 3,401 November 2003 1,612 1,528 104 3,244 October 2003 1,681 1,503 112 3,296 September 2003 1,869 1,559 106 3,534 August 2003 2,082 1,609 124 3,815 July 2003 2,110 1,584 110 3,804 June 2003 1,933 1,575 91 3,599 May 2003 1,754 1,443 78 3,275 April 2003 1,845 1,457 84 3,386 March 2003 1,798 1,457 77 3,332 February 2003 1,852 1,459 84 3,395 January 2003 1,809 1,465 73 3,347

The second report of the Government’s Computerisation Programme. information society action plan, New 223. Mr. Broughan asked the Taoiseach if he Connections, will be published at the end of this will report on the targets and achievements under month. The report demonstrates that the new connection strategy for e-Government in considerable progress has been achieved in 2003. [1684/04] positioning Ireland as a leading location for knowledge-based economic activity and 224. Mr. Broughan asked the Taoiseach if he highlights the significance of the information will report on the targets for development of e- society agenda in the overall context of the Government during 2004; and the reason the 2005 economy, both from an Irish and international EU e-Government target is not being perspective, and also its strong potential to achieved. [1685/04] promote a socially inclusive society. Minister of State at the Department of the At the end of 2003, the Cabinet Committee on Taoiseach (Ms Hanafin): I propose to take the Information Society agreed the services to be Questions Nos. 223 and 224 together. prioritised for e-enablement, having regard to 375 Questions — 27 January 2004. Written Answers 376

[Ms Hanafin.] my Department and the Department of Finance their potential user base and value in terms of in consultation with other relevant Departments. efficiency and effectiveness or as flagship projects. The report lists those services that are Dublin-Monaghan Bombings. prioritised for on-line delivery by 2005 and 225. Mr. P. McGrath asked the Taoiseach if he includes detailed information about services that will give a breakdown of the expenditure on the are currently available on-line. Barron report into the Dublin and Monaghan A more complex view of e-Government has bombings. [1921/04] evolved since the last progress report was published in February 2003. The Information 226. Mr. P. McGrath asked the Taoiseach if, in Society Commission report on e-Government, the context of the establishment of the enquiry published in November last year, warned of the into the Dublin and Monaghan bombings, he will danger of putting services on-line purely for the give details of commitments given to the victims sake of putting them on-line and recommended or families of victims concerning the that only services that had a tangible benefit and establishment of any compensation fund. made economic sense in terms of return on [1922/04] investment should be made available on-line. 227. Mr. P. McGrath asked the Taoiseach the Against this background, the Government’s funds paid to cover the legal costs of the victims objective in making services available on-line is or families of victims groups of the Dublin and to focus on common or more frequently used Monaghan bombings; and if there are ongoing services where technology can have an impact in discussions on this matter. [1923/04] terms of convenience to the user and can 229. Mr. B. Smith asked the Taoiseach when demonstrate tangible efficiencies. Indeed, the Barron inquiry into the Belturbet bombing of internationally, while there was an initial push for December 1972 will be published; and if he will both Government and commercial organisations make a statement on the matter. [2037/04] to establish a web presence, the emphasis is now increasingly towards getting maximum value by The Taoiseach: I propose to take Questions improving background business processes. Nos. 225 to 227, inclusive, and 229 together. Also, the advances that are being made in I welcome the publication of the report by the mobile phone technologies and the high former Supreme Court judge, Henry Barron, into penetration rate that these devices have achieved the 1974 Dublin and Monaghan bombings. The mean that service providers have to look at this bombings were terrible outrages, which left 34 channel as a potentially viable means of delivery people dead and more than 240 injured. Many because it is a relatively low cost technology and people never recovered and for many others, the it is ubiquitous. In other words, it may be more legacy of pain and suffering remains and some cost efficient and more service effective to put still suffer from their injuries to this day. Like government “on-the-line” rather than on-line. everyone else who watched the proceedings of One aspect being examined, for example, is the the sub-committee considering the Barron report use of contact centres where citizens can conduct last week, I found the accounts of the victims and enquiries and transactions over the telephone. families about the events of that day and their terrible suffering profoundly moving. There is also an increasing realisation globally I was very glad to have had the opportunity, of the real benefits to be gained from the prudent together with Mr. Justice Barron, to meet with exploitation of technologies in the internal representatives of Justice for the Forgotten at mechanisms of government, particularly as a their request on Wednesday, 10 December, driver of public service modernisation. Taking a before the publication of the report on what was wider perspective on “service” means that public a very important day, especially for the families. service organisations also consider the manner in At that meeting, I thanked Mr. Justice Barron which they use public resources on behalf of and his team for their work in bringing that phase those who do not necessarily use “over the of their work to a conclusion and I paid tribute counter” services or are in receipt of State to Justice for the Forgotten for its assistance to assistance, but who pay their taxes and have an the inquiry and for its dedication and tenacity in expectation that they are being used to best pursuing its campaign for the truth. I also paid effect. The challenge is to exploit technology tribute to the earlier work of the former Chief where it can add value in a modernised public Justice, the late Liam Hamilton. service. The Oireachtas Joint Committee on Justice, The recent announcement on decentralisation Equality, Defence and Women’s Rights is now has added a new dimension to the modernisation considering, including in public session, the process and will require a new perspective on the report of the independent commission and it will deployment of information and communications report back to the Da´il and Seanad in March with technologies (ICTs) to support the work of a its findings on whether the report addresses all of more geographically disparate organisation that the issues covered in the terms of reference of the must operate in a more connected or joined up inquiry; the lessons to be drawn and any actions way. This issue is currently being considered by to be taken in the light of the report, its findings 377 Questions — 27 January 2004. Written Answers 378 and conclusions; and, whether, having regard to commission will be in a position to invite the report’s findings, and, following consultations applications for funding shortly. with the inquiry, a further public inquiry into any aspect of the report would be required or fruitful. Question No. 228 answered with Question The committee may also accept, including in No. 212. public session, submissions on the report from interested persons and bodies. Question No. 229 answered with Question The Secretary of State for Northern Ireland, No. 225. Paul Murphy, has said that the British Government will consider the report with great Computerisation Programme. care and he has said that the British Government, 230. Mr. Eamon Ryan asked the Taoiseach the from Prime Minister Blair down, has been amount his Department spent in the year 2003 on committed to helping the inquiry as fully as IT software licences and the amount of that possible. He also said after the meeting of the budget which was spent on products from a British-Irish Intergovernmental Conference in company (details supplied); if his Department Farmleigh last week that the British Government uses a product (details supplied) similar to open wanted to be as helpful as possible. I am aware source software; and if it has a policy position that the Secretary of State, as well as some of with regard to the promotion and use of such his predecessors, have been invited by the sub- open source software, in the interests of cost committee to assist it in its work and I would savings or the development of a more transparent hope that the assistance already referred to also software industry. [2038/04] extends to the work of the sub-committee. At my The Taoiseach: In 2003, my Department spent most recent meeting with Prime Minister Blair on \ Monday, 19 January I asked for the fullest co- 75,800.84 on new software licences and \140,071.63 on software licence renewals, a total operation from the British Government with the \ \ Oireachtas sub-committee. of 215,872.47. Of this figure, 68,688.21 was I understand that Mr. Justice Barron will report spent on renewals of existing software licences to early in the coming months on the Dublin the company in question under my Department’s bombings of 1972 and 1973 and following that enterprise agreement. report, on the other cases referred to him, My Department does not, at present, use including the Se´amus Ludlow case, the Dundalk products of the kind in question. Any software bombing of 1975 and in the context of these proposed as part of a solution is examined on its technical merits, as well as cost. My Department reports he will report on the Belturbet bombing. does not have a specific policy with regard to The total cost of the Barron inquiry to date is open source software. It is considered on a case approximately \2,541,000. This includes an by case basis and may well be used in the future. amount of approximately \693,000 for the legal The e-Cabinet application will be based on expenses of the Justice for the Forgotten group XML code, which is open source software. The and \167,000 for the administrative expenses of above figures do not include a licence fee of the group. Currently, the administrative costs of \118,000 (excluding VAT) paid by my the group, as well as the services to victims Department on foot of an enterprise agreement provided by the group, are also being paid for which enables this software to be used by the Department of Justice, Equality and Law \ throughout all Departments. No payment was Reform. In this regard, approximately 0.5 made from this amount to the company the million has been paid to date. In addition, offers Deputy referred to in his question. have been made to the legal representatives of the relatives in connection with the inquests of Question No. 231 answered with Question the those killed in the Dublin and Monaghan No. 212. bombings. The members of the Remembrance Fund Arms Trade. Commission were appointed by the Minister for Justice, Equality and Law Reform in December 232. Mr. F. McGrath asked the Ta´naiste and 2003. A sum of \9 million has been allocated to Minister for Enterprise, Trade and Employment the commission for victims of the conflict in if her attention has been drawn to Irish arms Northern Ireland for dispersal over the next deals that are fuelling the conflict in the Congo; three years. and if she will make a statement on the The fund was established following on from the matter. [1616/04] report of the former Ta´naiste, John Wilson, the Minister of State at the Department of sole member of the Victims Commission. The Enterprise, Trade and Employment (Mr. M. report made a number of recommendations, Ahern): In the context of the launch by Amnesty including regarding acknowledgement payments International of its report, Human Rights Begin to those who were bereaved as a result of the at Home: Recommendations to Ireland’s EU conflict and also relating to the ongoing medical Presidency, on 13 January 2004, a representative expenses of victims who are still suffering as a of the organisation commented that arms result of their injuries. It is expected that the brokering deals made on Irish soil are killing 379 Questions — 27 January 2004. Written Answers 380

[Mr. M. Ahern.] Board area; and if she will make a statement on civilians in the Democratic Republic of the the matter. [1661/04] Congo and elsewhere. However, the specific basis for these allegations is unclear and I am not Minister of State at the Department of aware of any such activities taking place in Enterprise, Trade and Employment (Mr. Fahey): Ireland. Indeed, one newspaper report of the I propose to take Questions Nos. 233, 234, 242, allegations stated that, despite claims by Amnesty 244 and 245 together. International that there was plenty of anecdotal In accordance with the Government’s decision evidence, a spokeswoman for the organisation in 1999 to restructure community employment, could not name one such deal that had been participation levels have gradually been reduced brokered in Ireland or say what parties had in line with a strategic shift in policy in favour of been involved. training and other more appropriate supports. While Ireland, along with some other EU Year-end participation levels on community member states, does not currently have employment for the last seven years are as legislation on arms brokering, we are committed follows: to introducing legislation in line with the EU Common Position on arms brokering that was Year Year-end places adopted last June. A review of Ireland’s export control rules and 1997 39,039 procedures for dual-use and military goods is 1998 39,520 nearing completion. The review, which will cover 1999 36,579 a wide range of issue, including arms brokering, 2000 33,549 will recommend how best we can modernise and 2001 30,809 strengthen them to ensure full compliance with our international obligations. 2002 24,991 2003 19,848 (provisional) Community Employment Schemes. 233. Mr. Connaughton asked the Ta´naiste and As provided for in the PPF, consideration has Minister for Enterprise, Trade and Employment been given to the mainstreaming of certain if she will implement a promise given by her essential services provided through community Government to mainstream the jobs of workers employment. In this regard, approximately 4,500 employed under the various FA´ S schemes for the community employment places in schools have Irish Wheelchair Association and other service been mainstreamed over the past number of providers; and if she will make a statement on the years. This involved the appropriate degree of matter. [1942/04] funding being transferred to the Department of Education and Science for the provision of 234. Mr. Connaughton asked the Ta´naiste and relevant services in schools. In addition, in the Minister for Enterprise, Trade and Employment region of 2,300 places have peen provided on the if she will implement a promise given by her social economy programme. Government to mainstream the jobs of workers Detailed discussions took place during 2002 employed under the various FA´ S schemes for the involving the Department of Health and Irish Wheelchair Association and other service ´ providers; and if she will make a statement on the Children, health boards, FAS and sponsor matter. [1963/04] groups, including the Irish Wheelchair Association, with regard to the possible 242. Mr. Ring asked the Ta´naiste and Minister mainstreaming of health sector places. However, for Enterprise, Trade and Employment when the due to the amount of additional funding required promises made to mainstream community by the Department of Health and Children to employment positions, under the programme for mainstream these positions, and having regard to Government, will be honoured; and if she will other major demands on the health budget, it was make a statement on the matter. [1430/04] not possible to proceed with mainstreaming. 244. Mr. Crowe asked the Ta´naiste and The total funding allocation for employment Minister for Enterprise, Trade and Employment schemes in 2004 has been fixed at \351 million, the number of places on community employment which will support up to 25,000 places across the schemes that have been cut since she was three employment schemes, community appointed. [1624/04] employment, job initiative and social economy. FA´ S is being given some flexibility in the 245. Mr. Connaughton asked the Ta´naiste and management of this financial allocation to Minister for Enterprise, Trade and Employment maximise progression to the labour market while the reasons the commitment given in the at the same time facilitating the support of programme for Government concerning the community services. This allocation, \351 million, mainstreaming of community employment is similar to the budgeted amount provided in positions in 2003 has not been delivered in so far 2003. Accordingly, there will be no reduction in as the Irish Wheelchair Association are the total level of provision for the three schemes concerned, particularly in the Western Health or in the combined participation levels in 2004. 381 Questions — 27 January 2004. Written Answers 382

Closed Circuit Television. and its regions. The agency, through its project divisions and network of overseas offices, is 235. Mr. Naughten asked the Ta´naiste and actively marketing County Kerry to overseas Minister for Enterprise, Trade and Employment if she will provide Roscommon Chamber of investors as a potential location for foreign direct Commerce with the specification for the investment. However, the current economic installation of closed circuit television cameras; slowdown has meant that fewer companies are and if she will make a statement on the actively seeking to invest overseas. Ultimately matter. [1107/04] decisions regarding where to locate a project, including what areas to visit as potential locations Minister of State at the Department of are taken by overseas investors. In 2003 five Enterprise, Trade and Employment (Mr. M. overseas investors visited Kerry, including two Ahern): The National Standards Authority of who visited north Kerry. Ireland, under the aegis of my Department, has In addition to targeting potential new projects, responsibility for the development, publication IDA Ireland is also working with the existing and distribution of Irish and European standards. base of companies in the county with a view to The authority adopted a standard, ISEN 50132-7: supporting such companies with potential 1998 Alarm Systems — CCTV Surveillance expansions and diversification of activities. There Systems, for use in security appliances. is a diverse range of companies located in Kerry, Copies of this standard are available from the representing a number of industry sectors, NSAI through its Standards Sales Office, NSAI, including manufacturing, international services, Ballymun Road, Glasnevin, Dublin 9. engineering, pharmaceuticals and consumer products. IDA Ireland believes that a number of Radon Gas Emissions. these have the potential to expand and or take on 236. Mr. Howlin asked the Ta´naiste and additional responsibilities or activities. Minister for Enterprise, Trade and Employment To continue to enhance the attractiveness of the number of tests for radon conducted in the Kerry as a location for inward investment, IDA past year by the Health and Safety Authority; if commenced site development works in 2002 on the Health and Safety Authority has taken action its business and technology park at Tiernaboul in to ensure that workers’ health is not endangered Killarney. This site development work, which is by radon; the nature of such action; and if she will now complete, involved significant landscaping, make a statement on the matter. [1130/04] access development and site clearance work, all of which has resulted in the upgrading of the Minister of State at the Department of overall appeal of the location. Enterprise, Trade and Employment (Mr. Fahey): In addition, a local group of business people, Conducting tests for radon is not a function of have completed a new building of 14,716 square the Health and Safety Authority. This function feet on a site acquired from IDA on the business the responsibility of the Radiological Protection Institute of Ireland (RPII) which is the and technology park and IDA Ireland is actively designated competent national authority for this marketing this facility as an alternative property purpose. solution to present to potential investors. The relevant Irish legislation is the IDA Ireland believes that these investments, Radiological Protection Act 1991 (Ionising together with other available facilities such as Radiation) Order 2000 (S.I. No. 125 of 2000). Kerry technology park in Tralee, will put Kerry Under the Safety, Health and Welfare at Work in a position to compete more competitively for Act 1989, employers are required to identify inward investment in the manufacturing, ICT, hazards arising in the workplace, assess the risks software and international services sectors. The arising from those hazards and put in place designation of both Tralee and Killarney as hub measures to eliminate or control the risk towns under the Government’s national spatial measures. The authority, through seminars, etc., strategy will also add to the attractiveness of the has reminded employers located in areas likely county for overseas investment. to exceed the threshold limit value set out in the IDA Ireland believes that regions need statutory instrument of their obligations under magnets of attraction, some compelling business the 1989 Act if the limit value is exceeded. reason or unique selling proposition, that will attract investors. The challenge of achieving high Job Creation. value FDI into regional locations is considerable; nevertheless, progress is being made. Each region 237. Mr. Deenihan asked the Ta´naiste and needs a hub of attraction around which, for Minister for Enterprise, Trade and Employment approximately 40 or 50 kilometres in every the reasons the IDA failed to create any new jobs direction, the region can grow through attracting in Kerry in 2003; and if she will make a statement a wide range of enterprises, both local and on the matter. [1182/04] international, which emerge because of the Ta´naiste and Minister for Enterprise, Trade integrated competitive strengths of that region. and Employment (Ms Harney): IDA Ireland is I am confident that the strategies and policies the agency with statutory responsibility for the being pursued by IDA in Kerry, together with the attraction of foreign direct investment to Ireland ongoing commitment of Government to regional 383 Questions — 27 January 2004. Written Answers 384

[Ms Harney.] takes the lead role, to the Employment and Social development will bear fruit in terms of overseas Policy Committee of the European Parliament on investment and jobs for the people of Kerry. 22 January. The Lisbon agenda of economic, social and Work Permits. environmental renewal of the EU is a key 238. Mr. C. Lenihan asked the Ta´naiste and overarching priority for the Irish Presidency. Minister for Enterprise, Trade and Employment Progress on the achievement of the agenda and the plans she has regarding the work permit measures to give renewed impetus to advancing regime that she will apply to new accession states economic reform, enhancing competitiveness and that will join the EU from May, during the Irish stimulating employment in Europe will be the Presidency. [1202/04] focus of the spring European Council on 25-26 March 2004. Ta´naiste and Minister for Enterprise, Trade I will chair two formal meetings of the and Employment (Ms Harney): The Employment Competitiveness Council of Ministers, which are Permits Act 2003, which came into force in April scheduled to take place in Brussels on 11 March 2003, provides for the freedom of movement, for and 17-18 May 2004. Particular stress will be laid purposes of work, of nationals of the ten EU by Ireland on the need for the Competitiveness accession states after accession. This means that Council to focus on and develop its horizontal after EU enlargement on 1 May 2004, employers remit in line with the Seville European Council will no longer require work permits to employ in June 2002 and the Presidency conclusions of nationals of these states. Accordingly, a very the 2003 spring summit. It is important that there significant source of potential labour will become is attention at the highest political level on issues available to Irish employers outside the work affecting the competitiveness of enterprise and I permit system, which should be of considerable see the role of the Competitiveness Council as benefit to employers who have not been able to central to achieving this. The Council will also find appropriate staff within the existing Irish or discuss a range of issues in areas such as wider EEA labour markets. enterprise, research and innovation policies and the completion and effective operation of the EU Presidency. internal market, particularly with regard to the 239. Mr. O’Connor asked the Ta´naiste and services sector. Specific dossiers on issues relating Minister for Enterprise, Trade and Employment to intellectual property, including the proposal to report on her Department’s activities in for a community patent, company law and respect of Ireland’s EU Presidency; if she will consumer policy will also feature on the Council’s outline her plans for the next few months; and if agenda. I will also chair an informal meeting of she will make a statement on the matter. EU and accession Ministers responsible for [1209/04] competitiveness, which is scheduled to take place at Dromoland Castle, County Clare on 26-27 Ta´naiste and Minister for Enterprise, Trade April. The meeting will focus on industrial and Employment ( Ms Harney): The strategy and innovation. Government and the European Commission met in Dublin Castle on 6 January for an in depth The Minister of State, Deputy Fahey, will chair discussion of Ireland’s EU Presidency priorities. the sessions of the Employment, Social Policy, On that occasion, I had very useful discussions Health and Consumer Affairs (ESPHCA) with the Commissioners who have responsibility Council dealing with items on which my for Competitiveness Council dossiers. Department takes the lead such as the European I have published a priorities paper for the employment strategy and other relevant Competitiveness Council of Ministers, which I individual dossiers. The ESPHCA Council is will chair during the Presidency. The programme scheduled to meet in formal session on 4-5 March for the Competitiveness Council is firmly rooted and 1-2 June 2004. The March Council will be in the ten-year strategy for growth, economic used to focus attention on the key issues arising reform and job creation agreed by the Lisbon from the employment task force report. The main European Council in 2000. The priorities paper is employment issue at the June Council will be to available in English, Irish and French and is also finalise the employment package for the June posted on the official Irish Presidency website at European Council. The Irish Presidency will seek www.eu2004.ie. to promote closer co-operation with the two sides On 21 January, I presented the of industry in facilitating change and helping in Competitiveness Council work programme and the effective transformation of the European priorities to two European Parliament economy. To this end it will convene a tripartite Committees, the Industry, Trade, Research and social summit with the EU level social partners in Energy Committee, and the Legal Affairs and advance of the 2004 spring European Council. Internal Market Committee. The Minister of The Irish Presidency is working with the State, Deputy Fahey, presented the relevant Commission and the European social partners aspects of the programme of the Employment, with a view to adopting “A European Partnership Social Policy, Health and Consumer Affairs for Change” as an overall theme for this summit Council of Ministers, for which my Department and identifying all of the actors involved with 385 Questions — 27 January 2004. Written Answers 386 advancing the economic, social and company or a joint subsidiary or by the merger environmental goals of the Lisbon agenda. of companies located in at least two member On 16 January, the Minister of State, Deputy states or by the conversion of an existing Fahey, co-chaired, along with the Minister for company set up under national law which has a Social and Family Affairs, an informal meeting subsidiary in another member state. The of Ministers for employment and social policy in European company statute therefore provides Galway. The meeting focused on the theme of existing companies with the option of “Making Work Pay”, which is a key priority for restructuring on the basis of their being one legal the member states of the European Union and a entity (European company) with branches core objective in the EU level process to support throughout the EU rather than having the modernisation of social protection systems. subsidiaries under the national laws of each On the previous day the Irish Presidency member state in which they operate. convened a Council troika meeting with the social The regulation contains other requirements partners and the social platform of NGOs, at relating, for example, to the manner of control which a fruitful discussion was held on the issues and management, and where no specific of “Adaptability and Change” and “Making requirements are stipulated, the national law Work Pay”. relating to public limited companies will apply. Both the Competitiveness and ESPHCA It is envisaged that the European company Councils will make significant contributions statute will be attractive for companies seeking an towards the preparation of the spring European efficient structure to operate on a pan-European Council meeting next March. basis and that it will enable companies to expand My Department will also be responsible for EU and restructure their cross-border operations Council work on European common commercial without the costly and time-consuming complex policy matters during the Irish Presidency. This network of subsidiaries governed by different will involve the organisation and chairing of national laws. It is seen as a step forward in Council meetings at ministerial and official level efforts to make the internal market a practical in Dublin, Brussels, Geneva, Paris and elsewhere. reality for business, and to encourage more Among the substantive issues to be dealt with will companies to exploit cross-border opportunities. be the World Trade Organisation negotiations My Department is currently engaged in and the European Union’s trade relations with consultations with interested parties regarding various countries and regions. the necessary legislative arrangements to provide In addition to the formal Presidency agenda, for the operation of the European company my Department is organising a number of further statute. Presidency-related meetings in Ireland. The calendar of such events, across all policy areas, Community Employment Schemes. has been deposited in the Oireachtas Library by 241. Mr. Ring asked the Ta´naiste and Minister the Minister for Foreign Affairs. for Enterprise, Trade and Employment the changes if any which have been made to the FA´ S EU Directives. criteria for people over the age of 55 years. 240. Mr. G. Mitchell asked the Ta´naiste and [1366/04] Minister for Enterprise, Trade and Employment Minister of State at the Department of if she will make a statement on the proposals for Enterprise, Trade and Employment (Mr. Fahey): a European company (details supplied). As part of the Government’s decision in 1999 to [1298/04] restructure community employment, future Minister of State at the Department of participation in community employment by an Enterprise, Trade and Employment (Mr. M. individual was capped at three years, effective Ahern): On 8 October 2001 Regulation EC No. from April 2000. This change was introduced to 2157/2001 to establish a European company discourage repeated participation in community statute (Societas Europaea) and a related employment and to encourage unemployed Directive 2001/86/EC concerning worker persons to avail of training and education involvement in European companies was adopted options, where possible, which are shown to have by the European Council. The European more successful progression outcomes for company statute is a new legal instrument that individuals. gives companies with commercial interests in The three year cap was amended in August more than one member state the option of 2001 to allow particularly disadvantaged persons forming a European company (SE), the objective to remain on the programme for a further period. of which is to make it easier for such companies In the case of people aged over 50 years, the to operate across the EU. three-year cap on participation has been removed The regulation, which has direct application in where people in this age group, having spent member states, and the directive, which will have three years on the programme, continue to to be transposed into law in all member states, experience difficulties in getting employment. will enter into force on 8 October 2004. Participants are considered for an extension if, on Under the European company statute, an SE reaching the end of their normal entitlements on can be set up by the creation of a holding community employment, they are likely to 387 Questions — 27 January 2004. Written Answers 388

[Mr. Fahey.] Ta´naiste and Minister for Enterprise, Trade experience difficulty in getting employment due and Employment (Ms Harney): I no longer have to their age, literacy or numeracy problems or a responsibility for insurance undertakings. From 1 lack of suitable jobs available locally. FA´ S May 2003, the Irish Financial Services Regulatory currently has discretion to offer up to 20% of the Authority, IFSRA, is responsible for practically total number of community employment all of the financial services industry, including the participants a further period on the programme registration and supervision of insurance on a case-by-case basis. undertakings and the services by them. I do, The community employment programme is however, retain responsibility for the insurance currently under review. A decision on the future reform programme. eligibility criteria for participants on community I am aware of serious difficulties being employment will be taken when the current experienced by businesses due to the high cost of review process has been brought to a conclusion. insurance. The insurance reform programme that I announced on the 25th of October 2002 is Question No. 242 answered with Question progressing well. This programme comprises a No. 233. comprehensive set of interrelated measures designed to improve the functioning of the Irish National Archives. insurance market. The key measures include the implementation of the recommendations in the 243. Mr. Morgan asked the Ta´naiste and Motor Insurance Advisory Board action plan Minister for Enterprise, Trade and Employment within a target timeframe. To date, 32 of the the number of files in her Department released recommendations have been fully implemented, to the National Archives under the 30-year rule; three partially implemented and work is in the number withheld; the subject matter of the progress on the implementation of the other files withheld; and if she will make a statement recommendations. The measures provide for the on the matter. [1582/04] establishment of the Personal Injuries Ta´naiste and Minister for Enterprise, Trade Assessment Board. The Personal Injuries and Employment (Ms Harney): My Department’s Assessment Board Bill 2003 completed its records show that 3,222 files were transferred to passage through the Houses of the Oireachtas on the National Archives for release under the 30- 19 December 2003 and was signed into law on 28 year rule. A further 40 files relating to policy, December 2003. The Act will be commenced in general administration and operation of both the early 2004 providing for the establishment of the Employment Appeals Tribunal and the Personal Injuries Assessment Board on a redundancy payments section of the Department statutory basis and allowing the board to deal were retained under section 8(2) of the National with cases. Archives Act 1986 because they are in regular use My Department and the Competition in the Department and their transfer to the Authority are to conduct a joint study into the National Archives would seriously interfere with insurance market. The study will identify and the administration of the Department. analyse barriers to entry and limitations on Since the establishment of the Employment rivalry in the insurance marketplace. A significant Appeals Tribunal in 1967, a large number of files amount of the work was completed in 2003 and a relating to individual cases under various pieces report will be produced in the near future. of legislation have been withheld under section I chair a ministerial committee established to 8(4) of the National Archives Act 1986. Under drive the co-ordinated implementation of the the same section, files have also been retained by reform programme across the relevant the redundancy payments section as they Government Departments and other bodies contained information in respect of redundancy concerned. Substantial progress is being made on lump sums and rebate information in respect of a range of measures that will radically overhaul individuals and/or the recovery of money owed to the functioning of the insurance market and help the social insurance fund. tackle the high cost of insurance. These include measures to reduce the number of accidents, to Questions Nos. 244 and 245 answered with tackle fraudulent and exaggerated claims and streamline the law in relation to personal injury Question No. 233. claims. Insurance Industry. The pricing and underwriting of insurance is a matter for individual insurance companies and 246. Ms Shortall asked the Ta´naiste and EU law prevents Governments from intervening Minister for Enterprise, Trade and Employment in relation to the matter of premium levels or in the action she is taking to address professional respect of what risks they are prepared to indemnity costs to business in this particular underwrite. Insurers generally make decisions sector of the insurance industry; the action she is about whether they are prepared to quote for a taking to encourage other insurers to enter this particular risk, and if so, at what premium level, market; and if she is taking other measures to based on their underwriting experience or encourage competition in this market. [1711/04] assessment of that risk in the market. 389 Questions — 27 January 2004. Written Answers 390

Governments are free to take action, which Employment Support Services. affects the operation of the insurance market. 247. Ms O’Sullivan asked the Ta´naiste and The insurance reform programme has impacted Minister for Enterprise, Trade and Employment favourably on the insurance market. the steps she has taken to ensure the continuation There is an onus on the insurance industry to of services provided by the Clare Local ensure that the measures the Government is Employment Service; and if she will make a putting in place to reform the Irish insurance statement on the matter. [1729/04] market will have the effect of significantly reducing the cost of premiums to consumers and Minister of State at the Department of businesses. It is heartening to report that a Enterprise, Trade and Employment (Mr. Fahey): number of insurers have already announced The board of management of Clare LES advised reductions of 15% to 20% in motor and more FA´ S on 15 December last that they were recently public liability premiums. As discontinuing operations effective from 30 implementation of the reform programme January 2004. A decision of this nature is a matter continues, I expect reductions to occur in all solely for the board. A meeting was held in the forms of insurance. I am confident that these Da´il on Wednesday, 21 January 2004, between measures will attract new players into the market myself and representatives of Clare Local and lead to further downward pressure on Employment Service staff to discuss the premiums. imminent closure of the Clare LES. Also present I am keen to encourage other insurers to enter were a number of other Clare public this market. Improvements in the functioning of representatives including the Minister of State at the Irish insurance market make it more the Department of Education and Science, a union representative, two departmental officials attractive to firms that do not have a presence in ´ Ireland. Over the coming months, I intend to and two representatives of FAS. meet representatives of potential new entrants to It was pointed out that while the board of Clare the market. LES is made up of representatives from the statutory and voluntary sectors, and the operation Many of the measures contained in the MIAB ´ recommendations will have the effect of of the service is funded by FAS, it is nonetheless encouraging competition, including those relating a separate legal entity and I have no function in relation to the internal workings of a body of this to transparency and the provision of information ´ to consumers. Examples of recommendations kind. I did, however, agree to ask FASto immediately commence an assessment of the that have been implemented which are promoting labour market data and needs of the Clare region competition include the provision of 15 days in the context of the closure of the LES. This notice at renewal time for motor insurance assessment will include the type and level of a policies, which give consumers the opportunity to dedicated employment service necessary to shop around; regulations that prescribe that no- address the needs of marginalised client groups claims bonus documentation be provided with in the region, including structures, management, renewal notices to assists consumers who wish to staffing and other relevant requirements of any shop around; the provision of comparative tables such service. I have asked FA´ S to come back to of insurance quotes which IFSRA now publishes me with proposals in relation to an enhanced on its website on a three monthly basis; the dedicated service for Clare as soon as possible. incorporation of the principle of “acting against the public interest” in the Competition Act 2002; Insurance Industry. codes of practice in the insurance industry now require insurers who refuse to quote for any 248. Mr. O’Shea asked the Ta´naiste and particular risk to state their reason in writing Minister for Enterprise, Trade and Employment upon request; the Irish Insurance Federation in her plans for reducing the cost of car insurance its code of practice has agreed a code of conduct for males under 24 years of age (details supplied); with its member companies on anti-competitive and if she will make a statement on the behaviour, subject to more formalised measures, matter. [1749/04] which may be adopted by IFSRA under Ta´naiste and Minister for Enterprise, Trade competition law; and the Competition Authority and Employment (Ms Harney): I am concerned has a duty to review all further insurance mergers about the difficulties that are being caused by in the interests of the Irish economy with high insurance premiums, especially in relation to appropriate reference to IFSRA, and the process young drivers. The insurance reform programme of consultation seeks to protect the interests of that I announced on the 25 of October 2002 specific policyholder groups since the effects of comprises a comprehensive set of inter-related mergers may warrant consideration about issues measures designed to improve the functioning of of the market as a whole. the Irish insurance market. The key measures The joint study by the Competition Authority include the implementation of the and the Department of Enterprise, Trade and recommendations in the Motor Insurance Employment into insurance will produce a report Advisory Board action plan within a target in the near future. Recommendations resulting timeframe. To date 32 of the recommendations from that report will be implemented. have been fully implemented, three partially 391 Questions — 27 January 2004. Written Answers 392

[Ms Harney.] IFSRA published its first set of comparative implemented and work is in progress on the tables of motor insurance quotations on its implementation of the other recommendations. website, www.ifsra.ie. The motor insurance cost The Personal Injuries Assessment Board Bill survey is based on eight driver profiles and is 2003 completed its passage through the Houses designed to show the range of quotes available of the Oireachtas on 19 December 2003 and was for specific drivers in Ireland. Regular surveys signed into law on 28 December 2003. The Act will be published on the IFSRA website at three will be commenced in early 2004 providing for monthly intervals. This may be of particular the establishment of the Personal Injuries interest to young drivers and demonstrates the Assessment Board on a statutory basis and advantages of shopping around. allowing the board to deal with cases. While EU law prohibits the imposition of price My Department and the Competition control on insurance there is an onus on the Authority have undertaken a joint study into the insurance industry to ensure that the reforms insurance market. The study will identify and being undertaken will have the effect of analyse barriers to entry and limitations on significantly reducing the cost of premiums to rivalry in the insurance marketplace. A significant consumers and businesses. A number of insurers amount of the work was completed in 2003 and a have announced reductions in motor insurance report will be produced in the near future. premiums and the CSO has noted a significant I chair a ministerial committee established to contribution from insurance to the recent drive the co-ordinated implementation of the reduction in inflation. As implementation of the reform programme across the relevant reform programme continues, I expect further Government Departments and other bodies reductions to occur. concerned. Substantial progress is being made on IDA Lands. a range of measures that will radically overhaul the functioning of the insurance market and help 249. Mr. Ring asked the Ta´naiste and Minister tackle the high cost of insurance. These include for Enterprise, Trade and Employment the measures to reduce the number of accidents, to landbanks in County Mayo held by the IDA; and tackle fraudulent and exaggerated claims and the location, size and ownership of each streamline the law in relation to personal injury landbank. [1750/04] claims. Ta´naiste and Minister for Enterprise, Trade The MIAB recommendations that the Irish and Employment (Ms Harney): The management Financial Services Regulatory Authority, IFSRA, of IDA Ireland’s industrial property portfolio, is charged with progressing, deal with issues including decisions regarding location and size of relating to public information, promotion of land owned by IDA, are day-to-day operational competition, transparency and consumer matters for the agency and not matters in which protection. One such recommendation relates to I have a function. gathering of statistics on motor insurance and The following table outlines IDA’s land claims costs by IFSRA. On 10 December 2003, portfolio in the Mayo region:

Location Hectares Acres

Ballina 1.9595 4.84 Ballinrobe 0.0891 0.22 Bangor Erris 0.3237 0.80 Castlebar 7.4283 18.36 Foxford 0.6798 1.68 Killala 1.0926 2.70 Westport 15.19 37.54 Swinford .0081 0.02 TOTAL 26.77 66.15

if she will provide a list of all the invitees to the EU Presidency. dinner function including name and title, and any other details; if she will provide details of the cost 250. Mr. Ring asked the Ta´naiste and Minister of the event in Galway for the two days; if for Enterprise, Trade and Employment the accommodation was paid for by the State, giving location in Galway at which the meeting of the details of the persons who occupied the EU Employment and Social Affairs Ministers on accommodation including name and title; if she 15-16 January 2004, took place; if meals and will provide details of entertainment costs and the accommodation were provided for the people persons who provided the entertainment; if she who attended this meeting; the hotel used for will provide details of any MC costs and the same and the cost; if a dinner function was held; 393 Questions — 27 January 2004. Written Answers 394 identity of the persons who performed these Restrictive Practices. duties; the breakdown of all associated costs for 251. Mr. B. Smith asked the Ta´naiste and the two day event; and if she will make a Minister for Enterprise, Trade and Employment statement on the matter. [1758/04] the proposals she has to eliminate restrictive Minister of State at the Department of practices in relation to the medical, legal and Enterprise, Trade and Employment (Mr. Fahey): construction professions; and if she will make a An informal meeting of Ministers of Employment statement on the matter. [1820/04] and Social Policy was held in Galway on 16 January. Ministers and their officials attended Ta´naiste and Minister for Enterprise, Trade from the 15 EU member states, the 10 accession and Employment (Ms Harney): Activities which states, the three applicant states and Norway. In restrict competition in trade in any goods or addition, representatives from the European services in the State are in general subject to the Commission, the European Parliament and the provisions of the Competition Act 2002. Council secretariat attended. The meeting During the period since its establishment in focused on the theme, “Making Work Pay”, 1991, the Competition Authority has carried out which is a key priority for the member states of investigative and enforcement work as regards the European Union and a core objective in the various professions. The main focus of the EU level process to support the modernisation of authority in this area at present is a social protection systems. comprehensive study under the Competition Act The meeting was preceded by a Council troika 2002 of eight individual professions, including meeting on 15 January, attended by Ministers medical practitioners, barristers, solicitors, from the Netherlands and Luxembourg together engineers and architects. I look forward to with representatives of the EU Commission, the receiving the final reports of the individual European Parliament, the Council secretariat, the studies as they become available during this year social partners and the social platform of NGOs. and to considering what action by Government There was a fruitful discussion on the issues of may be necessary or desirable on foot of the “Adaptability and Change” and “Making Work reports. Pay.” My Department is also currently consulting The informal and troika meetings were held in with representatives of the medical and dental the Corrib Great Southern Hotel and both were professions on measures to promote greater price co-chaired by the Minister for Social and Family awareness by patients of these services. Affairs, Deputy Coughlan, and me. The Presidency papers which provided the basis for ´ the discussion at the meetings and the conclusions FAS Training Programmes. from the meetings are posted on the official Irish 252. Mr. Naughten asked the Ta´naiste and Presidency website at www.eu2004.ie. Minister for Enterprise, Trade and Employment The delegations and their supporting staff were if her Department has provided FA´ S with an accommodated in the following hotels: Great additional budget in 2004 to cover the cost of the Southern, Eyre Square, Corrib Great Southern, registration charge placed on apprentices Flannery’s Hotel and the Westwood House attending institutes of technology; and if she will Hotel. As joint presidents of the Employment, make a statement on the matter. [1869/04] Social Policy, Health and Consumer Affairs Council, and in line with established practice, the Minister of State at the Department of Minister for Social and Family Affairs and I co- Enterprise, Trade and Employment (Mr. Fahey): hosted a dinner for the delegations and guests on I am aware that the Minister for Education and 15 and 16 January in the Ardilaun House Hotel Science has approved the introduction of a and the Radisson Hotel respectively. Lunch was registration charge for apprentices attending provided in the Corrib Great Southern Hotel. institutes of technology. The administration of Evening entertainment was provided by Con the charge is a matter for the institutes of Tempo, the Inisbofin Ceilidh Band, Macnas, technology. No additional funds have been Kathleen Loughnane, Celtic Legends and provided to FA´ S arising from these new Eleanor Shanley. Norita Ni Chartu´ ir compered arrangements. the entertainment programme on 16 January. Sponsorship for the bulk of the entertainment 253. Mr. Wall asked the Ta´naiste and Minister programme was provided by Galway Chamber of for Enterprise, Trade and Employment the Commerce, Galway City Council, Galway County position regarding the securing of a tenant for the Council, Tourism West and the Radisson Hotel. IDA advance factory in Athy, in view of the fact The budget for the informal and troika that it was indicated in previous Da´il replies that meetings was \670,000 to be funded jointly by the they expected a decision on a possible tenant for Department of Social and Family Affairs and my the factory by mid 2003, and this week another own Department. As all invoices have not yet factory in Athy (details supplied) has announced been received I am not in a position to give that it is to close in February 2004 with the loss definitive costs for the event but I expect it to be of 24 jobs; and if she will make a statement on within budget. the matter. [1875/04] 395 Questions — 27 January 2004. Written Answers 396

Ta´naiste and Minister for Enterprise, Trade of attracting additional sustainable overseas and Employment (Ms Harney): IDA Ireland is investment and jobs for Athy. the agency with statutory responsibility for the attraction of foreign direct investment to Ireland Consumer Affairs. and its regions. The agency, through its project 254. Mr. J. Bruton asked the Ta´naiste and divisions and network of overseas offices, is Minister for Enterprise, Trade and Employment actively marketing its factory in Athy to overseas the initiatives that her Department are investors as a potential location for foreign undertaking to ensure that the price of mineral direct investment. water sold in public houses is vetted in view of A profile of the facility has been circulated to the fact that occasions have been noted where a IDA Ireland’s overseas offices informing them of glass of tap water has been sold in a public house its competitive rental rate in comparison to for an exorbitant price, stating that it was still locations like Dublin. Ultimately decisions mineral water; and if she will make a statement regarding where to locate a project, including on the matter. [1970/04] what areas to visit as potential locations are taken Tanaiste and Minister for Enterprise, Trade by overseas investors. ´ and Employment (Ms Harney): I understand that There have been four site visits to the factory most establishments do not charge for serving tap over the past 12 months. Feedback from IDA water and this practice is to be encouraged. In clients suggests that the facility is attractive as a the cases referred to by the Deputy, these would potential location for foreign direct investment. appear to raise issues relating to the making of A possible tenant who expressed interest in the false or misleading statements and may be advance factory in 2003 has been in amenable to enforcement action under the communication with IDA Ireland again in early Consumer Information Act 1978. January 2004 regarding plans to set up in Ireland. The Deputy may wish to forward details of the The project is slow to get to fruition as cases concerned to the Director of Consumer negotiations are still taking place between the Affairs for appropriate action. company and a locally based multinational to secure a contractual supply agreement. Decentralisation Programme. As regards the other named company, 255. Mr. R. Bruton asked the Ta´naiste and Shuttleworth, I am told it made a commercial Minister for Enterprise, Trade and Employment decision that it was not sustainable to continue its if assessments are under way in her Department business in Ireland. Over the past five years the on the activities proposed for decentralisation; overall challenges for IDA supported companies the impact on the operations of the Department; have been difficult and involve a period of the risks to the organisation attendant on this transition from dependence on the more cost move; the measures that will be put in place to competitive sectors into the higher value added minimise disruption; and if these reports will be activities. Part of this transition has involved job presented to her at an early date for reductions and losses in long established consideration. [1972/04] companies and reinforces the importance and urgency of attracting the more modern industrial Ta´naiste and Minister for Enterprise, Trade and higher value added activities. and Employment (Ms Harney): Upon the The success of our economy during the 1990s announcement of the decentralisation and into this decade means that Ireland is now programme in budget 2004, my Department’s much less competitive as a location for low wage management board and I considered what manufacturing projects. As such Ireland, must options were available to put into effect the decision to relocate 250 staff to Carlow. I was now gear itself towards attracting a different type anxious that every effort should be made to of investor. The focus for the future must be to preserve the coherence of the Department’s attract investment requiring high skill levels, that policy development and legislative role by is, as far as possible, innovation rather than retaining an effective policy advisory and production orientated, and that links in to an legislative function in Dublin. I was, of course, increasingly sophisticated business environment. ´ also keen to ensure coherence in the activities FAS, the national training and placement being decentralised. authority, which also operates under the aegis of In this regard, I have decided that staff of the my Department, is making available its full range Companies Registration Office, the Office of the of support services including skills analysis, jobs Registrar of Friendly Societies, the Office of the placement, guidance and counselling interviews, Director of Consumer Affairs, the work permits, identification of training needs and suitable labour inspectorate, redundancy and insolvency training courses to assist those made redundant and employment rights sections of my to find suitable alternative employment. Department should relocate to Carlow. This is a I am confident that the strategies and policies coherent and synergistic set of activities being pursued by IDA Ireland and FA´ S, together concentrating on services to business, consumers with the ongoing commitment of Government to and employees. It will provide a grade structure regional development, will yield results in terms that will allow for full career development for 397 Questions — 27 January 2004. Written Answers 398 those officers electing to move, will minimise the staff of my Department will decentralise to potential loss of intellectual capital and corporate Carlow, a survey was conducted within the memory, and will ensure that my Department’s Department with a view to establishing the abilities in these roles will not be diminished in numbers of staff interested in decentralising to any way. locations outside Dublin. A total of 503 staff The Deputy will be aware that the Department responded to the survey, 69 of whom indicated of Finance and the Office of Public Works have that they would be prepared to transfer to Carlow established an implementation committee to and 160 of whom indicated a willingness to prepare and submit an overall implementation decentralise to other locations outside Dublin. plan to a new Cabinet sub-committee by the end of March 2004. My Department is represented on EU Presidency. this implementation committee. I expect this committee and the new Cabinet sub-committee 258. Mr. O’Connor asked the Minister for to agree a plan for decentralisation that will Defence to report on his Department’s activities maximise the effectiveness of decentralisation, in respect of Ireland’s EU Presidency; if he will and minimise any disruptions and inefficiencies, outline his plans for the next few months; and if which may occur within the programme. he will make a statement on the matter. My Department has also established a [1210/04] decentralisation committee to oversee the Minister for Defence (Mr. M. Smith): The programme within the Department and those of military aspects of crisis management which arise its agencies selected for relocation. This under the European security and defence policy, committee will work to ensure that we continue ESDP, are the areas of primary concern to my to deliver a quality service to our customers and Department. In this regard, great progress has that the needs of those within the Department been achieved by successive EU Presidencies who may be affected by decentralisation continue towards developing the EU’s capabilities to carry to be addressed. out Petersberg Tasks operations such as Officials of my Department are keeping me peacekeeping, humanitarian and peace support apprised of developments with regard to the operations. implementation of the programme, which In 2003, the operational capability of the presents considerable challenges to us all. European Union was demonstrated through the launching of four ESDP operations. These were Industrial Development. the EU police mission, EUPM, in Bosnia- 256. Mr. Stagg asked the Ta´naiste and Minister Herzegovina, Operation Concordia in the former for Enterprise, Trade and Employment if interest Yugoslav Republic of Macedonia, FYROM, has been expressed in relation to the IDA’s Operation Artemis in Bunia, the Democratic marketing of a plant (details supplied) in County Republic of Congo, and the police mission, Kildare; and if she will make a statement on the Proxima, in FYROM which followed the matter. [2212/04 successful completion of Operation Concordia. These operations have made significant Ta´naiste and Minister for Enterprise, Trade contributions to peace and stability in their and Employment (Ms Harney): IDA Ireland, in respective areas of operations. A work conjunction with Schneider, has been actively programme to progress ESDP by the incoming marketing the Celbridge facility with a view to attracting a replacement project but without Irish Presidency was endorsed by the European success to-date. Council held in Brussels at the end of the Italian It is understood that some interest has been Presidency. The programme covers the full expressed in acquiring the facility for non- spectrum of ESDP issues including conflict manufacturing purposes, but agreement has not prevention and the civilian and military aspects yet been reached. of crisis management. My Department will progress this work Decentralisation Programme. programme at EU level using the established practice of formal and informal meetings up to 257. Mr. Kenny asked the Ta´naiste and and including ministerial level. An informal Minister for Enterprise, Trade and Employment meeting of Defence Ministers of EU member if a survey of staff in her Department has been states and accession countries is scheduled to take conducted to ascertain the number willing to take place in Brussels on 5 and 6 April 2004, while part in the Government decentralisation plans; if Defence Ministers will also meet in Brussels on she will detail the results of any such survey and 17 May in the framework of the General Affairs the number of staff who wish to decentralise; and and External Relations Council. Meetings at if she will make a statement on the matter. official level will be held as and when required. [2233/04] The Government intends that the same Ta´naiste and Minister for Enterprise, Trade business-like professional approach, which and Employment (Ms Harney): Following the characterised our previous EU Presidencies, will announcement of the Government’s again be the hallmark of the conduct of the decentralisation programme, under which 250 Presidency during the first half of 2004. 399 Questions — 27 January 2004. Written Answers 400

Defence Forces Escorts. not complete their degree prior to this age; and if he will make a statement on the matter. 259. Mr. McGuinness asked the Minister for [1346/04] Defence the number of Garda/Army escorts provided in each of the past five years to financial Minister for Defence (Mr. M. Smith): The institutions for the transport of money upper age limit for candidates applying for throughout the State; the cost of each; the cadetships in the Defence Forces who are serving contribution made to the Department in each members of the Permanent Defence Force, case; the terms of the agreement between the holders of a third level degree, or, in the case of institutions and the State regarding the cost; the Naval Service applicants who are holders of a proposals if any by the Department to recoup the diploma as specified in the cadetship information full costs from the institutions; and if he will make booklet, has been raised to under 27 years of age a statement on the matter. [1340/04] on 1 October in the competition year. Minister for Defence (Mr. M. Smith): The roles This revised upper age limit is applicable to the of the Defence Forces as assigned by 2004 cadetship competition, the advertisement of Government are set out in the White Paper on which is due to take place between Thursday 22, Defence which was published in February 2000. January 2004 and Thursday 12, February 2004. To aid the civil power — meaning in practice to assist, when requested, the Garda Sı´ocha´na which Defence Forces Property. has the primary responsibility for law and order, 261. Mr. Sherlock asked the Minister for including the protection of the internal security Defence his plans to build a new unit to replace of the State — is among the assigned roles. The the old FCA building at Fair Street, Mallow in Defence Forces, pursuant to their role of County Cork. [1770/04] rendering aid to the civil power, assist the Garda as required in duties which include the escorts of Minister for Defence (Mr. M. Smith): The cash in transit. Each cash escort would include question of replacing or refurbishing the building deliveries to banks, post offices and other in question is under consideration. Pending the institutions. outcome of this examination essential Statistical records compiled by my Department maintenance work will continue to be carried out do not differentiate between banks, post offices as required to keep the building functional. and other institutions. The number of requests for cash escorts Decentralisation Programme. received by the military authorities from the 262. Mr. R. Bruton asked the Minister for Garda Sı´ocha´na for the years 1999 to 2003 was as Defence if assessments are underway in his follows: 1999, 2,161; 2000, 2,285; 2001, 2,488; 2002, Department on the activities proposed for 2,516; 2003, 2,298. decentralisation; the impact on the operations of The total cost in respect of the provision by the the Department; the risks to the organisation Defence Forces of assistance to the Garda attendant on this move; the measures that will be Sı´ocha´na in protecting movements of cash for the put in place to minimise disruption; and if these years 1999 to 2002 — the 2003 costs have not yet reports will be presented to him at an early date been finalised — including pay, allowances, for consideration. [1973/04] transport, aerial surveillance and administration charge, was as follows: 1999, \5.68m; 2000, Minister for Defence (Mr. M. Smith): The \5.99m; 2001, \6.58; 2002, \6.87m. Government decision on decentralisation Part of these costs is recouped from the banks announced by the Minister for Finance in his through an annual contribution. A sum of \2.86 budget statement provides for the transfer of my million has been refunded by the banks to my Department’s Dublin based Civil Service staff to Newbridge, County Kildare. The Deputy will be Department each year since 1995. The aware that the finance branch of my Department contribution from the banks is designed to part was decentralised to Galway in 1989 and that, in cover the total costs to the State of providing cash the context of the White Paper on Defence, the escorts. An annual contribution is also made to Government decided to decentralise the civil the Department of Justice, Equality and Law defence branch of my Department to Roscrea, Reform in respect of the Garda Sı´ocha´na. County Tipperary. All other functions of my However, in the case of the Defence Forces, the Department are comprehended by the contribution by the banks has generally covered decentralisation decision. the non-pay costs of providing such escorts. The The Government decision on decentralisation matter is reviewed on an ongoing basis in my also provides for the transfer of Defence Forces Department. headquarters staff to the Curragh, County Kildare. The Deputy will be aware that the Defence Forces Recruitment. directorate of military police and the directorate 260. Mr. Durkan asked the Minister for of reserve forces have already decentralised to Defence if he will consider raising the age limit Clonmel, County Tipperary. for qualified people to enter the cadet Civil/military working groups have been set up programme in view of the fact that persons may to consider the practical aspects of the transfer of 401 Questions — 27 January 2004. Written Answers 402 staff to Newbridge and the Curragh. In that ambulance was on site and the injured party was regard, appropriate measures will be put in place immediately treated by a qualified emergency to ensure that there is no adverse impact on the medical technician before being transferred to operations of the Department and of Defence Tallaght General Hospital and, subsequently, to Forces headquarters. St. James’s Hospital, where he underwent treatment. Military police were immediately Defence Forces Property. called to the scene and carried out a full 263. Mr. O’Dowd asked the Minister for investigation. Defence his plans for the future of Gormanstown Arising from the military police investigation, Military Camp having regard to a previous charges were preferred under section 168 of the decision to allocate land at this camp for housing; Defence Act 1954, against four members of the the progress on this decision and on the sale or Defence Forces, an officer, two NCOs and a otherwise of this property; if military activity will private, who were involved in the planning and continue in this camp or on the adjacent Mosney execution of the military exercise during which open range; and if he will make a statement on the incident occurred. I am advised by the the matter. [2053/04] military authorities that the matter was dealt with summarily in accordance with military law, which Minister for Defence (Mr. M. Smith): On 1 July provides for due and fair process. All four were 2003 the Government agreed that Gormanston found guilty. Three were punished by way of a Camp, County Meath, would be among the State severe reprimand and one was given a warning. lands released to the Department of the Where an incident involves injury to a member Environment, Heritage and Local Government of the Defence Forces, a formal court of inquiry for inclusion in the Sustaining Progress affordable is convened to take evidence and to make housing initiative. recommendations as regards the matters referred The intention is that this initiative will be to it. In this case, the court of inquiry has not targeted at those who in the past would have been convened as the incident is currently the expected to purchase a house from their own subject of a civil action in the courts. I am advised resources but find that they are unable to do so that, once the matter has been disposed of by the in the current market. The release of State lands courts, a court of inquiry will be convened. under this initiative is a critical first step in ensuring early delivery of affordable housing Decentralisation Programme. units. 267. Mr. Kenny asked the Minister for The modalities of the transfer of the property Defence if a survey of staff in his Department has to the Department of the Environment, Heritage been conducted to ascertain the number willing and Local Government and the quantity of land to take part in the Government decentralisation involved are under active consideration. plans; if he will detail the results of any such survey and the number of staff who wish to Defence Forces Inquiry. decentralise; and if he will make a statement on 264. Ms Enright asked the Minister for Defence the matter. [2234/04] if he has satisfied himself with the outcome of an Minister for Defence (Mr. M. Smith): No inquiry in relation to an incident in the Glen of survey of the type described by the Deputy has Imal on 27 November 2001; and if he will make been conducted in my Department. a statement on the matter. [2067/04] 265. Ms Enright asked the Minister for Defence Defence Forces Property. if he has satisfied himself that every soldier and 268. Mr. O´ Fearghaı´l asked the Minister for officer involved in an incident in the Glen of Imal Defence the details of all instances in which his on the night of 27 November 2001 were treated Department has provided for local community fairly in subsequent inquiries; and if he will make gain, following the closure and sale of Army a statement on the matter. [2068/04] barracks, including the nature and extent of that 266. Ms Enright asked the Minister for gain. [2281/04] Defence if he established the person responsible Minister for Defence (Mr. M. Smith): The for the failure to carry out proper procedures that Government, on 15 July 1998, approved a led to an incident in the Glen of Imal on the night programme of evacuation and sale of six barracks of 27 November 2001; and if he will make a considered surplus to military requirements. The statement on the matter. [2069/04] barracks in question are located at Ballincollig, Minister for Defence (Mr. M. Smith): I propose Fermoy, Castleblayney, Naas, Kildare and Clancy to take Questions Nos. 264 to 266, inclusive, Barracks, Dublin. together. The sale of approximately 91 acres comprising During the course of an exercise on the night Lot 1, Murphy Barracks, Ballincollig, to O’Flynn of 27 November 2001, a number of live rounds of Construction for \41 million has been completed. ammunition were accidentally discharged and a In addition, the sale of Lot 2 to the sitting tenant member of the Defence Forces received bullet for \1.05 million — my Department’s wounds to his arm and chest. A military reversionary interest in approximately 6.2 acres 403 Questions — 27 January 2004. Written Answers 404

[Mr. M. Smith.] A preliminary survey conducted in my of the barrack lands — has also been completed. Department indicates that currently some 42 staff A further area comprising more than 27 acres at in Dublin would be interested in moving to Murphy Barracks will be handed over to Cork Portlaoise. Another 57 staff located outside of County Council for community use. Dublin indicated that they would move to Some 19.218 acres at the former Fitzgerald Portlaoise. I should add that my Department Camp, Fermoy, were sold to Cork County already has 246 staff located in Portlaoise. Council in 2001 for \973,889 for development in A survey of staff in respect of the Macroom conjunction with the IDA. Castleblayney military office indicates that 42 staff would move from post, Monaghan, comprising approximately ten their present locations in Cork to Macroom. A acres, was sold to the North Eastern Health further 22 staff located in other parts of the Board for \761,843. country would also decentralise to Macroom. Seven acres at Devoy Barracks, Naas, County Kildare, were ceded free of charge to Naas Urban 270. Mr. Murphy asked the Minister for District Council, while a further 14 acres were Agriculture and Food if he is supporting the calls sold to that authority for \8,888,167. The balance from the farming organisations for a flock tag to of the barracks lands — one acre — was sold to be introduced for sheep; and if he will make a Kildare County Council for \380,921. statement on the matter. [1128/04] Magee Barracks, Kildare, comprises an area of Minister for Agriculture and Food (Mr. 65 acres. At present approximately 15 acres of Walsh): In the wake of the FMD crisis of 2001, the property are being used by the reception and and against a backdrop of earlier unsuccessful integration agency of the Department of Justice, efforts in this regard, I introduced a Equality and Law Reform to accommodate comprehensive individual sheep identification asylum seekers and a further site comprising one system — the national sheep identification acre approximately is being used by Kildare system, NSIS, which provides full individual County Council as a temporary halting site for identification and traceability of sheep from farm twenty persons. The Government on 1 July, 2003 of origin to carcass and which is designed to be decided to release this property to the multi-functional, facilitating aspects such as flock Department of the Environment, Heritage and management, consumer assurance and disease Local Government for inclusion in a new monitoring and control. In the latter regard, the affordable housing initiative agreed under the FMD crisis underscored the potential damage to national partnership agreement, Sustaining which our economy and the agriculture sector is Progress. exposed in the event of serious disease outbreaks My Department has accepted an offer from if shortcomings in animal identification and Florence Properties Limited, for the sale of traceability were not addressed. Based on Clancy Barracks, Dublin, comprising 13.65 acres monitoring of NSIS and feedback to my approximately. A contract of sale has recently Department from various quarters since 2001, I been completed. am satisfied that all elements of NSIS are now firmly bedded in across the sheep sector and Decentralisation Programme. working well. I have however made it clear 269. Ms O. Mitchell asked the Minister for consistently that I am always willing to enhance Agriculture and Food if a survey of staff to NSIS and to address any operational difficulties determine interest in participating in the which might arise, while maintaining its key decentralisation programme has been undertaken components. in his Department; when it will be completed; and A new harmonised system of identification for if the results will be published or otherwise made the whole of the European Union was agreed at available to Deputies. [2327/04] the December Council of Ministers. The system provides that there will be electronic individual 288. Mr. Kenny asked the Minister for identification of sheep from January 2008, Agriculture and Food if a survey of staff in his together with a central movement database Department has been conducted to ascertain the recording movements on a batch basis. The number willing to take part in the Government implementation date is subject to review decentralisation plans; if he will detail the results following a Commission report in 2006. For the of any such survey and the number of staff who interim period all sheep are to be double tagged wish to decentralise; and if he will make a and identified individually, but all recording statement on the matter. [2235/04] would be on a flock basis. Minister for Agriculture and Food (Mr. The regime agreed by the December Council Walsh): I propose to take Questions Nos. 269 and affords member states which already have 288 together. systems in place offering a higher level of The Deputy will be aware that it is proposed traceability than would be the case under the to decentralise the headquarters of my interim period system, the option of retaining Department to Portlaoise and the local office their own systems until the advent of electronic located at present in Cork city to Macroom. identification in a few years from now. 405 Questions — 27 January 2004. Written Answers 406

I support the broad principle which underlies before the Houses of the Oireachtas on 18 the agreed system. I have always been in favour December 2003. The specific objectives I have of making use of new and efficient technologies identified for our Presidency are: to facilitate the to achieve this end, subject of course to application of the CAP to the new member states; practicalities and cost-effectiveness and I would to continue the process of simplification of the be very anxious that Ireland and other member CAP initiated by the mid-term review decisions states would be in a position to move at the of June 2003; and to enhance food safety earliest possible date to an electronic system. In standards the interim, however, I believe that the system Progress in advancing the Presidency work now in place and operating throughout the Irish programme has been satisfactory. sheep sector will continue to afford Ireland the level of protection and assurance in relation to Grant Payments. both identification and traceability which I 273. Mr. Hayes asked the Minister for believe is strategically appropriate to this country. Agriculture and Food when payment of the The package agreed by the December Council suckler ten month and 22 month premia, along envisages the retention of systems such as NSIS, with any other payments due for 2003, will issue albeit with some minor adjustment, over the to a herdowner (details supplied) in County period leading up to EU-wide introduction of Tipperary. [1255/04] electronic individual identification. I have no plans to dismantle NSIS and roll back the Minister for Agriculture and Food (Mr. progress which has been made in this area since Walsh): The person named included a land parcel 2001, only to see Irish sheep farmers, marts, meat on his 2003 area aid application, which processors, etc., being asked a few short years overlapped with a land parcel on another from now to once again re-instate and herdowner’s application. Both parties were accommodate individual identification and written to on this matter. It has now been traceability. However, I am willing to examine determined that the person named was not and address aspects relating to the operation of entitled to claim area aid on this parcel. The NSIS in so far as these are addressed within the person named claimed 62.04 hectares of forage EU system now agreed. but was only entitled to claim 57.09 hectares. Under the relevant EU regulation a penalty of Installation Aid Scheme. double this difference was applied, as the difference was greater than 3%, which reduced 271. Mr. N. O’Keeffe asked the Minister for the area determined for payment purposes to Agriculture and Food the position regarding an 47.19 hectares. appeal in relation to the installation aid scheme The person named submitted two applications by a person (details supplied) in County Cork; under the 2003 special beef premium scheme in and if his attention has been drawn to the special respect of 60 animals. Both applications have circumstances (details supplied). [1173/04] been processed by my Department and 80% Minister for Agriculture and Food (Mr. advance payment will issue very shortly. Walsh): The agriculture appeals office received The person named had 58 animals slaughtered this appeal on 15 December 2003. The case has under the 2003 slaughter premium scheme, and been assigned to an appeals officer for has been paid advance payment on 33 animals. examination and determination. The appeals Advance payment in respect of the remaining 25 office will contact the appellant shortly. It is not animals will issue shortly. expected that there will be any undue delay in The person named applied for premium on 22 dealing with this case. animals under the 2003 suckler cow premium scheme. According to the terms and conditions of EU Presidency. the scheme a producer may be paid premium on up to 1.8 reckonable livestock units only per 272. Mr. O’Connor asked the Minister for hectare of the forage area of his or her holding Agriculture and Food to report on his as established from the producer’s 2003 area aid Department’s activities in respect of Ireland’s EU application and any cattle submitted for 2003 Presidency; if he will outline his plans for the next suckler cow premium and special beef premium few months; and if he will make a statement on over and above that 1.8 reckonable livestock the matter. [1211/04] units limit shall not be paid such premium. The Minister for Agriculture and Food (Mr. livestock units are calculated taking into account Walsh): To date, 18 meetings of EU committees male cattle on which the producer applies for and working groups relating to my Department’s special beef premium, ewes submitted for 2003 area of responsibility have been chaired by my ewe premium, notional dairy cows needed to officials. In addition, I am today meeting both the produce any milk quota held and suckler cows or Agriculture and Rural Development Committee heifers for which suckler cow premium has been and the Environment, Public Health and requested. The area aid record for the person Consumer Policy Committee of the European named shows 47.19 hectares of forage area, which Parliament in Brussels to set out my programme would allow payment on a maximum of 84.94 of work for the Irish Presidency and to have an livestock units. The herdowner holds a milk exchange of views. That programme is included quota of 131,681 litres and divided by the average in the published programme of the Irish yield of 3,982 litres would require 33.06 notional Presidency of the European Union which was laid dairy cows to produce this. Applications from the 407 Questions — 27 January 2004. Written Answers 408

[Mr. Walsh.] the country having regard to moneys available to herdowner for ewe premium on 4.35 livestock me from within the Department’s vote at end- units and beef premium for 36 livestock units year. In December 2003 grants totalling \850,000 have been processed leaving 11.53 livestock units were awarded to 80 organisations to assist them due for payment under the suckler cow scheme. in their activities in 2004. A copy of the press Payment of his 80% advance instalment for release which details the organisations that \2,282.74 was made in respect of 12.73 animals. received funding is attached. that is three heifers less than two years old, 1.80 The organisations concerned had approached livestock units and 9.73 cows. This payment the Department during 2003 seeking financial issued on 9 January 2004. assistance. My Department has no record of the North Wexford Society for the Prevention of Milk Quota. Cruelty to Animals having made such an approach. 274. Mr. Neville asked the Minister for I note all requests received and at the Agriculture and Food when an extra quota will appropriate time will consider any request be granted to a person (details supplied) in received from the North Wexford Society for the County Limerick whose herd is locked up due to Prevention of Cruelty to Animals, having regard animal disease. [1326/04] to the availability of funding and to any Minister for Agriculture and Food (Mr. competing claims for grant assistance submitted Walsh): The milk quota appeals tribunal by other animal welfare bodies. considered an application for additional quota from the person in question at its meeting on 17 Grant Payments. December 2003 and an allocation was recommended. The person named has been 278. Mr. Ring asked the Minister for notified of the outcome of his application. Agriculture and Food when a person (details supplied) in County Mayo will be paid slaughter Grant Payments. premium 2002, the balance of a special beef premium 2001, and all of their entitlement to 275. Mr. Ring asked the Minister for special beef premium for 2002. [1516/04] Agriculture and Food the funding provided from his Department towards the landslide in north Minister for Agriculture and Food (Mr. Mayo. [1369/04] Walsh): The person named submitted four applications under the 2001 special beef premium Minister for Agriculture and Food (Mr. scheme in respect of 56 animals, and three Walsh): Funding was provided by the applications under the 2002 special beef premium Government through the Red Cross to alleviate scheme, in respect of 51 animals. One animal was hardship. This funding was provided by the found eligible under the 2001 slaughter premium Office of Public Works. scheme and two animals found eligible under the 2002 slaughter premium scheme. Departmental Correspondence. The applications of the person named were 276. Mr. Kehoe asked the Minister for under review by my Department. This review is Agriculture and Food when he will respond to a now complete and appropriate payments will letter of 8 December 2003 from a person (details issue shortly. supplied) in County Wexford; and if he will make a statement on the matter. [1400/04] Milk Quota. Minister for Agriculture and Food (Mr. 279. Mr. Neville asked the Minister for Walsh): I assume the Deputy is referring to a Agriculture and Food the position with regard to letter addressed to Deputy Liam Aylward, the provision of a milk quota from the national Minister of State at my Department, I understand reserve to a person (details supplied) in County that a reply to that letter issued on 7 January Limerick on the grounds of hardship. [1568/04] 2004. Minister for Agriculture and Food (Mr. Walsh): The milk quota appeals tribunal Grants Payments. considered an application for additional quota 277. Mr. Kehoe asked the Minister for from the person in question at its meeting on 29 Agriculture and Food the reason a group (details October 2003 and an allocation was supplied) in County Wexford was not successful recommended. The person named has been under the grants made to animal welfare bodies; notified of the outcome of his application. if there is further funding available for this group; and if he will make a statement on the matter. Animal Vaccines. [1435/04] 280. Dr. Cowley asked the Minister for Minister for Agriculture and Food (Mr. Agriculture and Food the reason consideration is Walsh): My Department does not operate any being given to changing the availability of specific schemes of financial assistance for animal vaccines for cattle and sheep that have been welfare bodies. In recent years however I have available through licensed merchants for in made ex gratia funding available to a number of excess of 30 years; the benefit he foresees by appropriate bodies involved in the direct delivery changing this; and if he will make a statement on of animal care and welfare services throughout the matter. [1587/04] 409 Questions — 27 January 2004. Written Answers 410

Minister for Agriculture and Food (Mr. autumn 2004. As the criteria under which Walsh): As licences in respect of animal vaccines, national reserve entitlements are to be allocated which had been granted under the Therapeutic has not yet been established, it is not possible to Substances Act 1932, no longer meet current say at this stage what their positions would be. scientific or EU legislative requirements, not least because a mandatory supply route was not Forest Certification Scheme. specified, it was necessary to review all such licences on an individual basis. Under the review, 282. Mr. Connaughton asked the Minister for which has been ongoing since 1999, the Irish Agriculture and Food if he has satisfied himself Medicines Board has been progressively carrying that the certification of forestry standards by the out the detailed examination of application Soil Association is flawed; and if he will make a dossiers submitted by sponsoring companies. On statement on the matter. [1946/04] this basis, the board makes a recommendation to Minister for Agriculture and Food (Mr. my Department, as competent authority, for a Walsh): I understand that the Soil Association is final decision on the grant or otherwise of a an internationally recognised standard licence and on the conditions, including route of certification body which has been accredited by supply, accompanying such licence. the Forest Stewardship Council, FSC, to carry out In terms of designating routes of supply for independent third party certification of forests to individual vaccines, my Department does not the FSC standard. The Deputy will be aware that have a general approach which would as a matter the Forest Stewardship Council is an independent of policy necessarily exclude any of the outlets non-governmental organisation which operates a provided for under the Animal Remedies voluntary forest certification scheme for forest Regulations 1996. Rather, the decision is taken owners. Terms and conditions for compliance on the basis of the characteristics of each with the certification process are a matter for the individual product taking account of the relevant FSC. I have no role in this voluntary process. recommendation of the Irish Medicines Board and the objective criteria laid down in Regulation Grant Payments. 13 of the Animal Remedies Regulations 1996. In this context, I should point out that my 283. Mr. Durkan asked the Minister for Department has concluded a review of the Agriculture and Food when a single farm existing legislation governing regulation of the payment will be awarded in the case of a person Irish market in veterinary vaccines and other (details supplied) in County Kildare; and if he veterinary medicines taking account of will make a statement on the matter. [1947/04] experience of their operation for almost a decade, Minister for Agriculture and Food (Mr. of various developments over that period and Walsh): Following my decision that all direct likely developments in the future. Arising from payments under the livestock premia and arable this, my Department is preparing to brief aid schemes will be decoupled from production stakeholders within the next few weeks on the with effect from 1 January 2005 and be replaced direction of the proposed changes to the existing by the single payment scheme, I decided that regime, following which consultations with the farmers who feel that their farming enterprise animal remedies consultative committee will was adversely affected by force majeure — take place. exceptional circumstances could apply to my Grant Payments. Department to have their case considered. Advertisements to this effect appeared in the 281. Mr. Penrose asked the Minister for national and farming press during the week Agriculture and Food the position of a person ending 13 December 2003. who requires a significant area of land and wishes An application, received from the person to commence farming, in particular where this named on 21 January 2004, is currently under land has not been farmed within the previous consideration and the person named will be three years; and the position whereby a person notified of my Department’s decision in due who has acquired 110 acres in June 2002, and let course. same for six months, and in 2003 took silage off it and commenced reclamation and improvement Decentralisation Programme. works, would fare in the context of the decoupling proposals; and if he will make a 284. Mr. R. Bruton asked the Minister for statement on the matter. [1734/04] Agriculture and Food if assessments are under way in his Department on the activities proposed Minister for Agriculture and Food (Mr. for decentralisation; the impact on the operations Walsh): Under the mid-term review of Agenda of the Department; the risks to the organisation 2000, entitlements will be established for farmers attendant on this move; the measures that will be who actively farmed during the three reference put in place to minimise disruption; and if these years, 2000, 2001 and 2002. In both instances reports will be presented to him at an early date outlined in the question, the farmers concerned for consideration. [1974/04] were not actively farming during the reference period and consequently they will not have any Minister for Agriculture and Food (Mr. entitlements established for them. They may, Walsh): The Government has established an however, be able to apply for entitlements from implementation committee chaired by Mr. Philip the national reserve when it is established in Flynn to oversee the decentralisation programme 411 Questions — 27 January 2004. Written Answers 412

[Mr. Walsh.] software version upgrades and annual announced by the Minister for Finance in the maintenance and support. Budget Statement in December 2003. The product referred to is currently used in my My Department has set up an internal Department to facilitate data transfer to and from committee to implement the programme in so far an external partner. It is also used in a number of as my Department is concerned to deal with the test areas. Other open-source products have been issues mentioned by the Deputy. This committee used where appropriate to enhance application is chaired by a senior official in my Department functionality. Another open-source product is and the heads of accommodation, personnel, incorporated into the applications server software management services and information systems package that underpins the Department’s new divisions will also be members of the committee. online business applications. The heads of the divisions which deal with Bord My Department’s procurement approach Bia, Bord Glas and Teagasc will also be members. facilitates open competition, best value for money The committee will liaise with the central and best fit to the requirements. Evaluation of implementation committee and other relevant tenders received by my Department takes bodies, for example, the Office of Public Works, account of these factors. If a tender is based on all aspects of the decentralisation programme. partly or fully on open-source software, it is I will receive regular progress on all aspects of evaluated in the same way. However, the use of the decentralisation programme. open-source software does not always lead to cost savings. My Department continues to monitor the Departmental Expenditure. emerging IT industry standards including opportunities arising from open-source 285. Mr. Eamon Ryan asked the Minister for arrangements. Agriculture and Food the amount his Department spent in the year 2003 on IT software Grant Payments. licences and the amount of that budget which was 286. Mr. Crawford asked the Minister for spent on products from a company (details Agriculture and Food the amount of money supplied); if his Department uses a product farmers received as payment by his Department (details supplied) similar to open source software; in each of the past ten years for the control of and if it has a policy position with regard to the farmyard pollution, dairy hygiene grants and promotion and use of such open source software, other farm building grants; if he has satisfied in the interests of cost savings or the development himself that sufficient funds will be available over of a more transparent software industry. the next number of years to support farmers in [2039/04] the provision of the extra slurry accommodation Minister for Agriculture and Food (Mr. to meet this Government’s proposed action plan; Walsh): The total amount spent on IT software and if he will make a statement on the matter. licences by my Department in 2003 was [2076/04] \4,365,503.53, of which \468,410.00 was spent on Minister for Agriculture and Food (Mr. products from the named company. This is the Walsh): The details requested by the Deputy are overall total for expenditure on new licences, as follows:

Year Farm Pollution Dairy Hygiene Other

(\m) (\m) (\m) 1995 28.790 1.919 31.537 1996 47.109 9.387 24.030 1997 59.708 14.422 16.289 1998 23.729 10.046 10.088 1999 12.949 5.857 7.251 2000 6.289 5.779 8.008 2001 14.073 0.328 0.058 2002 14.895 2.448 0.512 2003 22.266 2.499 0.815 2004 (to date) 1.459 0.129 0.056

Total 231.267 52.814 98.644

As part of the Sustaining Progress agreement, investments. I am satisfied that the significant the farm waste management scheme was revised increase in the financial allocation for 2004 will with effect from 1 January 2004 by increasing the be sufficient to meet the likely increased uptake income units, IUs, for eligibility under the scheme by farmers in 2004 under the scheme which may from 200 IUs to 450 IUs; increasing the arise as a result of these changes. \ \ investment ceiling from 50,790 to 75,000; and 287. Ms Enright asked the Minister for introducing a standard grant rate of 40% for most Agriculture and Food if the REP scheme 413 Questions — 27 January 2004. Written Answers 414 payment will be increased this year; the amount Grant Payments. it will be increased by; the people who will qualify 290. Mr. Timmins asked the Minister for for it; from when it will be operative; and if he Agriculture and Food further to Parliamentary will make a statement on the matter. [2085/04] Questions Nos. 153 and 162 of 18 November 2003, the situation with regard to a case (details Minister for Agriculture and Food (Mr. supplied); and if he will make a statement on the Walsh): Changes to payment rates and other matter. [2284/04] aspects of the rural environment protection scheme will require an amendment to the CAP Minister for Agriculture and Food (Mr. rural development plan and I have submitted the Walsh): The position of the person concerned necessary proposals to the European remains unchanged from that outlined in my reply to Parliamentary Questions Nos. 153 and Commission. These proposals provide for 162 of 18 November 2003. increased payment rates, in line with the Government commitment in Sustaining Progress, Disabled Drivers. as follows: Up to 20ha: \200/ha; 20ha — 40ha: \175/ha; 40ha — 55ha: \70/ha. 291. Mr. Kehoe asked the Minister for Finance Participation in REPS requires farmers to farm the criteria a person must meet to be eligible for a to a standard that goes beyond normal good primary medical; the criteria there are for persons farming practice. The scheme is open to all with multiple sclerosis to be eligible; and if he will farmers who are prepared to assume such make a statement on the matter. [1437/04] undertakings. Minister for Finance (Mr. McCreevy): I assume Discussions on the proposals have already the Deputy is referring to the primary medical taken place between the Commission and certificate that is required for application to the officials of my Department. While the formal disabled drivers and disabled passengers (tax procedures of the Commission will to some concessions) scheme. The medical criteria for the extent determine how long it takes to secure purposes of the tax concession under this scheme approval for the changes, I will do everything are set out in the Disabled Drivers and Disabled possible to expedite matters and I will introduce Passengers (Tax Concessions) Regulations 1994. the new scheme without delay once I have Six different types of disablement are listed under secured the Commission’s approval. the regulations and a qualifying person must satisfy one or more of them. The six types of Question No. 288 answered with Question disablement are as follows: persons who are No. 269. wholly or almost wholly without the use of both legs; persons who are wholly without the use of one of their legs and almost wholly without the Carcase Classification. use of the other leg such that they are severely 289. Mr. O´ Fearghaı´l asked the Minister for restricted as to movement of their lower limbs; Agriculture and Food the success to date of the persons without both hands or without both arms; training that his Department has offered to meat persons without one or both legs; persons wholly plant operatives in carcase classification; the or almost wholly without the use of both hands uptake of this training; and when his or arms and wholly or almost wholly without the Department’s officials will have fully withdrawn use of one leg; and persons having the medical from the grading process. [2280/04] condition of dwarfism and who have serious difficulties of movement of the lower limbs. Minister for Agriculture and Food (Mr. It is regrettable that the Revenue Walsh): The availability of suitably trained Commissioners are unable to consider an classifiers within the industry is an essential application for the relief without the issue of a feature of the operation of mechanical grading of valid primary medical certificate. The medical carcases. By way of preparation, my Department criteria listed above applies to all applicants has been engaged in the training and licensing of wishing to gain access to the scheme, including classifiers for this purpose. Training has been those with multiple sclerosis. extremely successful and a total of 33 meat plant 292. Ms Enright asked the Minister for Finance employees based at 16 slaughter plants have the reason the grant for the disabled drivers successfully completed the programme. A limited scheme can only be applied to new forms of extension of the training programme, where transport; if his attention has been drawn to the required, is under discussion with the industry as fact that this excludes many people from this part of the final preparations being made for the scheme; and if he will make a statement on the commencement of mechanical grading. matter. [2090/04] The testing and approval of grading machines is now complete. Arrangements are being made Minister for Finance (Mr. McCreevy): Iam for their installation in slaughter plants within the informed by the Revenue Commissioners that the coming months and the withdrawal of repayment of VRT is made on second hand Department classifiers from these duties. vehicles as well as new ones. An individual who 415 Questions — 27 January 2004. Written Answers 416

[Mr. McCreevy.] for an exemption from income tax in respect of qualifies for the reliefs available under the the first \5,079 of annual leasing income where disabled drivers’ and disabled passengers’ tax the leasing is for a period of not less than five concessions scheme is issued with a primary years and in respect of \7,618 where the leasing medical certificate. Possession of a primary is for a period of not less than seven years. The medical certificate provides for remission or exemptions are available to lessors of agricultural repayment of vehicle registration tax, VRT, plus land aged 55 years or over or to those who are a repayment of value added tax, VAT, on the permanently incapacitated by mental or physical purchase of the vehicle, plus a repayment of VAT infirmity from carrying on farming. on the cost of adaptation of that vehicle. In budget 2004, I announced that this 55 age Repayment of the excise duty on fuel used in the limit is to be lowered to 40 with effect from 1 motor vehicle and exemption from payment of January 2004 and the amount of exempt income annual road tax to local authorities are also for leases of between five and seven years is to provided for. be increased from \5,079 to \7,500 per annum An interdepartmental group was established to and from \7,618 to \10,000 for leases of seven or review the disabled drivers and disabled more years. passengers (tax concessions) scheme. The group These tax exemptions apply only in respect of examined all aspects of the scheme. I have leases to qualifying lessees. In this context, received the report of the review group and it is “qualifying lessee” specifically excludes from the currently being considered. Any scope of the relief any leases made between recommendations contained in this report will closely connected relatives. A person is receive full consideration. connected with an individual if that person is the Any consideration of a change to the scheme individual’s husband or wife, or is a relative, or will, among other factors, have to take account of the husband or wife of a relative of the individual any cost implications. The substantial tax benefits or of the individual’s husband or wife. A relative of the disabled drivers’ and disabled passengers’ in this context is defined as meaning brother, scheme make for considerable interest in, and desire to be admitted to, the scheme. sister, ancestor or lineal descendant. This The cost of reliefs, excluding annual road tax restriction covering leasing to closely connected costs, is estimated to be in the region of \34 relatives is a standard anti-avoidance measure million in 2002, as compared to \5.1 million in without which the relief would be open to 1994. manipulation with spurious arrangements being set up, such as the passing back to the lessee of Architectural Heritage. rent on which tax relief had been claimed by both. 293. Mr. Stagg asked the Minister for Finance I should also point out that there are already if he has received the revised schedule of works very generous stamp duty and capital acquisitions needed to implement the development plan for tax reliefs available in the case of permanent Lucan Demesne; the total cost involved; if transfers of land between family members, such sanction has issued in respect of same; and if he as by gift or sale. For these reasons, I do not will make a statement on the matter. [2218/04] propose to provide an exemption from income Minister of State at the Department of Finance tax from a farm land lease entered into between (Mr. Parlon): I understand that the three relevant related persons. local authorities have made considerable progress in agreeing a revised schedule of works and that Decentralisation Programme. it is hoped they will soon be in a position to 295. Ms O. Mitchell asked the Minister for submit the completed schedule to my Finance if a survey of staff to determine interest Department. in participating in the decentralisation As has already been stated in response to programme has been undertaken in his earlier questions, sanction has been received in Department; when it will be completed; and if the principle for a rescheduling of the total funding of \4.7 million approved in respect of the results will be published or otherwise made implementation of the management plan. The available to Deputies. [2328/04] precise annual allocations will be determined by 349. Mr. Kenny asked the Minister for Finance the agreed schedule of works and obviously if a survey of staff in his Department has been availability of funding each year. conducted to ascertain the number willing to take part in the Government decentralisation plans; if Tax Code. he will detail the results of any such survey and 294. Mr. O´ Fearghaı´l asked the Minister for the number of staff who wish to decentralise; and Finance the reasons tax relief may not be availed if he will make a statement on the matter. of in instances where the lessee of land for [2236/04] farming is related to the landowner. [2279/04] Minister for Finance (Mr. McCreevy): I Minister for Finance (Mr. McCreevy): Section propose to take Questions Nos. 295 and 349 664 of the Taxes Consolidation Act 1997 provides together. 417 Questions — 27 January 2004. Written Answers 418

As the Deputy is aware, I have appointed an Ground Rents. implementation committee to prepare and submit 296. Mr. Morgan asked the Minister for an overall implementation plan by the end of Finance if the State pays ground rent on the March 2004. The implementation plan will National Museum, Kildare Street; if so, the address issues such as sequencing of various amount per year; and when that ground rent lease moves, acquisition/financing of new offices, is due to expire. [1095/04] associated rationalisation of Government property, scope for pooling common services Minister of State at the Department of Finance between Departments and the major human (Mr. Parlon): Three ground rents, totalling \25 resource issues that will need to be addressed. per annum, are payable in respect of the area Pending completion of the plan, it has been formerly known as Shelbourne Place. This area decided not to conduct a survey of the staff of the now forms part of the National Museum. The Department in relation to decentralisation. amounts payable and expiry dates are as follows

LSE0649 Shelbourne Place \16.99 per annum Expiry date currently being researched. *

LSE0650 Shelbourne Place \ 4.50 per annum. Payable forever. LSE0651 Shelbourne Place \3.52 per annum. Expires 25 March 2753. *As soon as this is established, it will be forwarded to the Deputy.

297. Mr. Morgan asked the Minister for 302. Mr. Morgan asked the Minister for Finance if the State pays ground rent on the Finance if the State pays ground rent on the Museum of Natural History, Merrion Street; if so, Custom House; if so, the amount per year; and the amount per year; and when that ground rent when that ground rent lease is due to expire. lease is due to expire. [1096/04] [1101/04] 298. Mr. Morgan asked the Minister for Minister of State at the Department of Finance Finance if the State pays ground rent on the (Mr. Parlon): I propose to take Questions Nos. Royal Hospital, Kilmainham; if so, the amount 297 to 302, inclusive, together. per year; and when that ground rent lease is due The National History Museum, Merrion Street, to expire. [1097/04] the Royal Hospital, Kilmainham, Kilmainham Gaol, the National Gallery, Merrion Street, 299. Mr. Morgan asked the Minister for Collins Barracks and the Custom House, Dublin, Finance if the State pays ground rent on are State-owned and no ground rent is paid on Kilmainham Gaol; if so, the amount per year; and these properties. when that ground rent lease is due to expire. [1098/04] 303. Mr. Morgan asked the Minister for Finance the buildings housing Departments on 300. Mr. Morgan asked the Minister for which the State pays ground rent; the amount per Finance if the State pays ground rent on the year paid on each; and when each ground rent National Gallery, Merrion Street; if so, the lease is due to expire. [1102/04] amount per year; and when that ground rent lease is due to expire. [1099/04] Minister of State at the Department of Finance (Mr. Parlon): From our records it is not possible 301. Mr. Morgan asked the Minister for to distinguish between fee farm grants and Finance if the State pays ground rent on Collins ground rents without a disproportionate amount Barracks; if so, the amount per year; and of time being spent on it. Following, therefore, is when that ground rent lease is due to expire. an inclusive list of ground rents and fee farm [1100/04] grants for offices occupied by Departments.

Name Rent per year (\) Expiry date

Carlow Agriculture Office 6.98 30/04/2072 CorkC&EParnell Place 66.03 31/10/2060 Cumberland St SWO 6.98 24/03/2764 14-15 Upper O’Connell St, Dublin 176.98 28/09/2738 Cumberland St SWO 38.09 28/02/2086 Malborough Street Ed HQ 63.55 24/03/2642 Malborough Street Ed HQ 76.18 29/07/2647 Government Buildings 3.52 25/03/2753 Government Buildings 4.49 31/12/2999 Kildare Street 4-5 Library 14.44 31/12/2999 419 Questions — 27 January 2004. Written Answers 420

Name Rent per year (\) Expiry date

St Stephens Gr 50-51 OPW HQ 258.14 28/09/2829 St Stephens Gr 78-81 Iveagh House 165.07 24/03/2879 St Stephens Gr 78-81 Iveagh House 257.76 30/04/2112 Fitzwilliam Pl 31 Linguistic Institute 19.68 31/12/2999 Pembroke Row OPW BMS 88.88 28/09/2096 Merrion Sq 5 Inst/Advan St 69.84 28/09/2059 Merrion Sq 16 Red Cross 69.84 28/09/2039 Merrion Row 7-9 87.03 25/12/3000 St Stephen Gr 78/81 Iveagh House 0.55 31/12/2999 Infirmary Rd Def HQ East 29.29 29/09/3806 Galway OPW Office 38.09 30/04/2897 Tralee SWO — Godfrey Place 76.18 28/02/2945 Limerick Gov Off Sarsfield House 140.64 31/12/2794 Drogheda Government Offices 29.29 28/09/2755 Dundalk SWO- Barrack Street 6.09 31/10/2895 Waterford Gov Off Catherine St 13.97 24/03/2024 Waterford OPW Office 12.70 09/08/2359 Glasnevin Meteorological Office 31.74 31/12/2396 Cork Customs House 574.32 25/12/2999 Cork Customs House 468.83 25/12/2999 Dublin Castle 1.00 25/12/2999 Dublin Castle 21.33 25/12/2999 Dublin Castle 1.00 25/12/2999 Dublin Castle 28.38 25/12/2999 Dublin Castle 7.33 31/12/2050 Four Courts 220.27 25/12/2999 Galway Gov Off Custom House 70.32 25/12/2999 Infirmary Rd Def HQ East 61.84 31/12/2050 Kildare St 1-3 37.46 25/12/2954 Kildare St 23-28 7.29 25/12/2999 Kildare St 23-28 47.04 25/12/2020 Kildare St 23-28 18.2 25/12/2999 Kildare St 23-28 7.62 25/12/2999 Kildare St 4-5 Library 13.42 25/12/2999 Limerick Henry/ Cecil/Glenworth 68.77 31/12/2050 Limerick Henry/ Cecil/Glenworth 64.12 31/12/2050 Limerick Henry/ Cecil/Glenworth 64.52 31/12/2050 Limerick OPW Regional Office 33.48 25/12/2923 7-9 Merrion Row 63.49 25/09/3000 14-16 Merrion St Upper 116.42 25/12/2999 11-13 O’Connell Street Upper 63.69 25/12/2077 11-13 O’Connell Street Upper 230.20 25/12/2999 44 O’Connell Street Upper 76.18 25/12/2999 45 O’Connell Street Upper 15.12 25/12/2999 22 Parnell Sq Municipal Art Gallery 38.09 25/12/2999 24-28 Parnell Sq Colaiste Mhuire 11.72 25/12/2999 24-28 Parnell Sq Colaiste Mhuire 11.28 25/12/2999 SligoC&E 20.00 25/12/2999 St Stephens Gr 50-51 OPW 161.42 25/12/2999 Waterford Gov Off — Customs House 12.23 31/12/2050 Werburgh Street SWO 23.44 25/12/2999 Wexford Gov Off — Anne St 181.23 25/12/2999

304. Mr. Morgan asked the Minister for Minister of State at the Department of Finance (Mr. Parlon): Five fee farm rents, which are Finance if the State pays ground rent on the \ Dublin Castle; if so, the amount per year; and similar to ground rents, totalling 59.04 per year, when that ground rent lease is due to expire. are payable in perpetuity in respect of Dublin [1103/04] Castle. 421 Questions — 27 January 2004. Written Answers 422

Departmental Staff. Minister of State at the Department of Finance (Mr. Parlon): Agreement has been reached with 305. Mr. Boyle asked the Minister for Finance Dublin City Council for the acquisition of a site if the regulations that apply to civil servants being at The Coombe-St. Luke’s Avenue for the further prohibited from contesting local elections should development of St. Brigid’s national school. apply to those working with agencies such as the Meteorological Service and the Central Statistics Question No. 307 withdrawn. Office; and the plans he has to alter these regulations. [1104/04] Decentralisation Programme. Minister for Finance (Mr. McCreevy): 308. Mr. B. Smith asked the Minister for Department of Finance Circular 7/99: Civil Finance if consideration will be given to Servants as Candidates for Local Authority Monaghan town as a centre for decentralisation Elections sets out the rules governing civil in the event of other Government offices or servants who wish to consider standing for agencies being decentralised; and if he will make election to local authorities. The Minister for a decision on the matter. [1293/04] Finance is responsible for the terms and conditions of employment of civil servants, Minister for Finance (Mr. McCreevy): In including the rules on seeking election to local advance of the announcement of details of the authorities and on involvement in politics decentralisation programme in budget 2004, I generally by civil servants. received submissions on behalf of over 130 The Meteorological Office and the Central centres throughout the State. Some 53 locations, Statistics Office are an integral part of the Civil including Monaghan, have been designated for Service. The staff who work in these two the relocation of approximately 9,000 posts. Government offices are civil servants and as such, Locations for a further 1,300 or so jobs will be the rules regarding civil servants standing as identified at a later stage. As I said in my budget candidates in local authority elections, as stated speech, I believe that the total number of posts in Circular 7/99, apply to them as they do to civil to be relocated should be closer to 12,000 and I servants in Departments-offices generally. will examine further options in this regard once The Deputy will note that staff in some grades the programme is well under way. in the Civil Service can stand in local elections. The case for Monaghan receiving a second Under the terms of Circular 7/99 the position as decentralised office can be given due regards the candidature of civil servants for consideration in the decision making process election to local authorities is as follows: State leading to the identification of locations for the industrial employees and civil servants in remaining posts. manipulative, sub-clerical and manual grades may stand for election to local authorities; civil Disabled Drivers. servants in clerical grades and in non- 309. Mr. Connaughton asked the Minister for manipulative and sub-professional grades in Finance when he proposes to publish the results similar salary ranges may stand as candidates at of a review of the disabled drivers and disabled local elections, subject to the condition that the passengers, tax concessions scheme; and if his Minister for Finance may, on the attention has been drawn to the annoyance of recommendation of the Minister in charge of a many disabled people and others who have been particular Department, declare that officers waiting for this report for a long time; and if he engaged in a particular category of work may not will make a statement on the matter. [1344/04] so stand; and all other civil servants remain completely barred from standing for election. Minister for Finance (Mr. McCreevy): As I However, this rule does not apply to a civil have indicated in replies to previous questions on servant who holds a position which, after 17 May this issue, the interdepartmental report of the 1974, has been upgraded through the general review group on the disabled drivers’ and restructuring of his or her grade and as a result disabled passengers tax concessions scheme is of which carries a salary maximum above that of under consideration in my Department. I am clerical officer. aware that there is an interest in the findings of These rules do not apply to personal assistants this report but, as the report is a substantive one, and special advisers in Minister’s offices. The it needs to be studied carefully. On completion of Minister has no plans to amend Circular 7/99 this process, I envisage that the report will be regarding civil servants as candidates for local made available publicly. authority elections. Mayo Landslide. Departmental Properties. 310. Mr. Ring asked the Minister for Finance 306. Mr. G. Mitchell asked the Minister for the funding provided from his Department Finance if the Office of Public Works has towards the landslide in north Mayo. [1370/04] purchased a site (details supplied); and if not Minister of State at the Department of Finance when the arrangements will be concluded. (Mr. Parlon): The Deputy will be aware that [1165/04] following a Government decision and approval 423 Questions — 27 January 2004. Written Answers 424

[Mr. Parlon.] treatment of separated persons. While, in general, by the Minister for Finance, a humanitarian aid separated couples are treated for tax purposes as scheme was initiated and has been implemented if unmarried, they may, where a legally binding by the Irish Red Cross Society on behalf of the maintenance arrangement is in place, elect to be Office of Public Works, OPW. The scheme treated for tax purposes as if the separation had provided for aid to relieve hardship experienced not taken place. However, the election to be by householders, and an amount of \300,000 was treated for tax purposes as if married is not a provided by OPW to fund the scheme. right of one spouse but rather is a joint election The Deputy will also be aware that OPW of both spouses. provided assistance to Mayo County Council in The general position in the case of legally the form of personnel and machinery in the enforceable maintenance agreements is that immediate aftermath of the landslide and expects where the couple are treated for tax purposes as to continue providing this assistance until the end if unmarried, a tax deduction for maintenance of March 2004. The cost of providing this payments for the benefit of his or her spouse is assistance in 2003 was approximately \33,000 and granted to the paying spouse but the payments the cost in 2004 is expected to be in the region are taxed in the hands of the receiving spouse. of \40,000. However, if the couple jointly elect to be treated for tax purposes as if the separation had not Tobacco Industry. taken place, then the payer does not receive a tax 311. Mr. F. McGrath asked the Minister for deduction for the maintenance payments and the Finance if any public money is invested in the receiving spouse is not taxable on them. tobacco industry; and if he will make a statement On the other hand, non-legally binding on the matter. [1384/04] maintenance payments are not taxable in the hands of the receiving spouse but the paying Minister for Finance (Mr. McCreevy): The spouse cannot claim a tax deduction for them. National Pensions Reserve Fund was established Maintenance payments in respect of children are under the National Pensions Reserve Fund Act not taxable in the hands of the children or the 2000 to partially pre-fund the increased costs of receiving spouse. The effect of this is that the social welfare and public service pensions from payments are treated the same way as if the 2025 onwards, when those costs are projected to taxpayer was providing for the child out of his or increase significantly due to the ageing of the her after-tax income. This is in line with the tax population. A full list of the fund’s holdings as of treatment of all other parents, where the cost of 31 December 2002 was published in the annual maintaining their children is not tax deductible. report 2002 of the National Pensions Reserve As regards pension splitting, the facts and Fund Commission, which manages the fund. The circumstances of any particular case would have list included holdings in firms in the tobacco to be examined to determine whether part of one sector. A list of the fund’s holdings as of 31 spouse’s pension payable to the other spouse is a December 2003 will be published next July in the legally binding or non-legally binding commission’s annual report 2003. maintenance payment for the benefit of that The commission is independent of the other spouse. Government. It operates the fund under a In relation to the Murphy case to which the commercial investment mandate set out in Deputy refers in the details supplied, the section 19 of the National Pensions Reserve Fund Supreme Court held that it was unconstitutional Act 2000, which requires the commission to to treat a married two earner couple less obtain the optimal financial return subject to favourably for tax purposes than two single prudent risk management. persons living together and on identical incomes to the married couple. In my view, the tax Tax Code. arrangements relating to separated spouses do 312. Mr. R. Bruton asked the Minister for not breach the principle established in the Finance if separate income to spouses arising Murphy case. from maintenance payments or from pension 313. Ms O. Mitchell asked the Minister for splitting in a separation, attract more favourable Finance if tax relief is available to family tax treatment than if these incomes remained in members for the cost of providing both the hands of a one-earner couple; and his views maintenance and treatment in a nursing home of on whether this breaches the principle established elderly parents or relatives or family members; in a case (details supplied). [1426/04] and at what rate this relief is available. [1444/04] Minister for Finance (Mr. McCreevy): The tax treatment of separated spouses relative to that Minister for Finance (Mr. McCreevy): Tax which would apply in the case of a married one- relief, under the heading of health expenses, is earner couple who remain married depends on available to family members in respect of the cost the circumstances which apply in each case and it of providing maintenance and treatment in a is not possible to generalise in the abstract. nursing home of elderly parents or relatives or However, it may be useful to set out in broad family members provided that the nursing home terms the position with regard to the tax is an approved home for the purposes of the 425 Questions — 27 January 2004. Written Answers 426 relief. A full list of nursing homes approved for I have no plans to amend the scheme at this these purposes is available on the Revenue stage. Commissioners website, www.revenue.ie, as is a full explanatory leaflet on the tax relief relating Benchmarking Awards. to health expenses. 315. Mr. R. Bruton asked the Minister for The tax relief in respect of unreimbursed Finance if workers in the postal service have been health expenses is granted at an individual’s included within the framework of benchmarking marginal, or highest, rate of tax. Tax relief cannot \ awards, and if not, the reasons those in the postal be claimed for the first 125 of the health service who retained their civil service status at expenses incurred in any tax year where the claim the time of transfer to An Post, are not entitled to relates to an individual. If relief is claimed in be included within the benchmarking framework; respect of more than one person, relief cannot be and if he will make a statement on the matter. \ claimed on the first 250 of the health expenses [1467/04] incurred. I might point out to the Deputy that over the Minister for Finance (Mr. McCreevy): The last several years I considerably widened the benchmarking body was established under the scope of medical expenses relief and I removed a terms of the PPF to undertake a fundamental number of the restrictions that applied. For examination of public service pay and jobs vis-a- example, in the Finance Act 2001, I simplified the vis the private sector. The awards recommended relief by removing the requirement that the by the body applied to the public service grades taxpayer must be in receipt of the dependent examined and to those agreed grades which had relative allowance, now a credit, to claim relief in a corresponding link. respect of their dependent relative. In addition, As a commercial State company, An Post is not in the Finance Act 2002, I extended the list of comprehended within the terms of the qualifying dependants beyond immediate family. benchmarking process and consequently its staff The relief can now be claimed in respect of a is not entitled to benefit from the awards range of other relatives, persons aged 65 or over recommended by the body. The Postal and whether relatives or not, and persons of any age Telecommunications Services Act 1983 states that who are permanently incapacitated. conditions applying to staff would be no less favourable than those which applied prior to their 314. Mr. Andrews asked the Minister for transfer. This was to ensure there was no Finance if his attention has been drawn to the fact worsening of conditions for existing staff due to that many senior citizens on the lower tax band the transfer. However, it did not confer Civil are receiving a lesser tax rebate in respect of their Service status in perpetuity to all An Post staff. waste charges than taxpayers on the higher rate As a commercial State company pay and and consequently paying higher waste charges; conditions are set by agreement between and if he will consider a different approach to management and unions as happens in other correct this anomaly on behalf of senior commercial enterprises. There have been a citizens. [1466/04] number of collective agreements since 1983. The application of pay increases in commercial State Minister for Finance (Mr. McCreevy): The companies is primarily a matter for the company current tax relief for waste service charges is itself and I have no function in this matter. provided by granting a relief to taxpayers based on the charges they have paid to local authorities Tax Code. and private operators in the previous year, provided of course that they have actually paid 316. Mr. P. McGrath asked the Minister for Finance the number of persons per year who have the relevant amount and on time. Where an been found to be in breach of the terms of the annual charge applies, the full payment is subject Waiver of Certain Tax, Interest and Penalties Act to tax relief at the standard rate, regardless of the 1993 tax amnesty. [1472/04] taxpayer’s marginal tax rate. Where charges for refuse collection are based on a “tag” system, a 317. Mr. P. McGrath asked the Minister for flat rate charge of \195 per annum is assumed Finance the number of persons who were found and tax relief is granted on that basis at the to have been in breach of section 9(1)(a) of the standard rate. Waiver of Certain Tax, Interest and Penalties Act I understand that a local authority may, on the 1993. [1473/04] grounds of personal hardship, waive all or a 318. Mr. P. McGrath asked the Minister for portion of a charge made by it for the collection Finance the number of persons who were found of household waste or, where the collection of to have been in breach of section 9(1)(b)ofthe such waste is undertaken by the private sector, Waiver of Certain Tax, Interest and Penalties Act may subsidise the fee payable. The collection of 1993. [1475/04] household waste, and the imposition of refuse charges and appropriate exercise of statutory 319. Mr. P. McGrath asked the Minister for waiver provision in this regard, are matters for Finance the number of persons who were found each local authority. to have been in breach of section 9(2)(a) of the 427 Questions — 27 January 2004. Written Answers 428

[Mr. P. McGrath.] for Finance the number of files for 1973 in his Waiver of Certain Tax, Interest and Penalties Act Department released to the National Archives 1993. [1476/04] under the 30 year rule; the number withheld; and the subject matter of the files withheld. [1585/04] 320. Mr. P. McGrath asked the Minister for Finance the number of persons who were found Minister for Finance (Mr. McCreevy): During to have been in breach of section 9(2)(b)ofthe 2003, my Department transferred, under the 30 Waiver of Certain Tax, Interest and Penalties Act year rule, some 1,500 files or part files to the 1993. [1477/04] National Archives for release to public inspection. Some 26 files deemed eligible for 321. Mr. P. McGrath asked the Minister for release were withheld from public inspection. The Finance the number of persons who were found files withheld relate mainly to information of a to have been in breach of section 9(2)(c) of the personal nature which, if released, might cause Waiver of Certain Tax, Interest and Penalties Act distress to living persons, or to legal or security 1993. [1478/04] matters. 322. Mr. P. McGrath asked the Minister for Finance the number of persons who were found Flood Relief. to have been in breach of section 9(2)(d)ofthe 325. Mr. McGuinness asked the Minister for Waiver of Certain Tax, Interest and Penalties Act Finance the progress in resolving the safety issues 1993. [1479/04] arising from the completion of the River Nore 323. Mr. P. McGrath asked the Minister for flood relief scheme; if a resolution has been found Finance the number of persons who were found to the issues raised by the canoe club and the to have been in breach of section 9(2)(e) of the work to be undertaken; his views on the lead Waiver of Certain Tax, Interest and Penalties Act article of a newspaper (details supplied) of 16 1993. [1480/04] January, 2004; the action he intends to take; and if he will make a statement on the matter. Minister for Finance (Mr. McCreevy): I [1657/04] propose to take Questions Nos. 316 to 323, inclusive, together. 327. Mr. Hogan asked the Minister for Finance There are two ways in which a taxpayer may if he will carry out a safety audit in respect of the have been in breach of the amnesty. First, by flood relief scheme in Kilkenny in view of recent making a declaration in which he or she did not accidents that could have resulted in a fatality; if comply with the terms or, second, where a he will give the necessary insurance to Kilkenny declaration was not made but was required to Water Safety Committee that additional be made. measures will be put in place to ensure a proper The amnesty legislation, Waiver of Certain level of water safety; and if he will make a Tax, Interest and Penalties Act 1993 prohibits statement on the matter. [1719/04] access by revenue auditors or investigators to the Minister of State at the Department of Finance declarations made by taxpayers, consequently it (Mr. Parlon): I propose to take Questions Nos. is not possible to examine the declarations to 325 and 327 together. establish whether they are in breach of the terms of the amnesty. Persons who made an incorrect Discussions to determine the safety features to declaration to the chief special collector would be included in the flood relief scheme have been normally only be discovered during the course of taking place with the local authorities and a revenue audit or investigation, if the amnesty representatives of the various local water safety declaration is produced to the auditor or and water based sporting groups. Arising out of investigator. these discussions a comprehensive report itemising the safety measures was produced by The amnesty legislation also provides that a OPW’s engineering consultants in July 2003 and revenue officer requires the consent of the appeal a copy was forwarded in the same month to the commissioners to make further inquiries into a water safety — water-based group’s case where it is suspected that the declaration is representative. It is expected that the final incorrect. Approximately 20 such applications observations of the water safety and water based have been made to the appeal commissioners and interest groups on the safety report will be consent has been given in about one third of confirmed and clarified in the immediate future. these cases to date. Some cases have been A meeting of all relevant parties has been investigated with the agreement of the taxpayers. arranged for Tuesday, 27 January 2004 in No convictions have been secured in court in Kilkenny. Instructions can then be given to the the categories set out in section 9(1)(b)(ii)(I) and contractor to put in place a work programme to (II). I understand, however, that in one case there implement the necessary measures as quickly as is a prosecution before the courts under amnesty possible. I wish to assure the Deputies that this legislation on behalf of the Criminal Assets work programme will include the appropriate Bureau. safety provisions to counteract all the potential Departmental Records. dangers to safety that have been identified. One item which has presented some difficulty 324. Caoimhghı´nO´ Caola´in asked the Minister is the proposed location of a slipway at the Peace 429 Questions — 27 January 2004. Written Answers 430

Park to meet the needs of the boating clubs and Drainage Schemes. also the emergency services. Various 328. Mr. Perry asked the Minister for Finance complicating factors including the possible costly if he will meet a deputation from County Sligo disruption of numerous public utilities, local regarding drainage of the Owenmore River, authority proposals for a footbridge across the County Sligo; when it will be scheduled; and if he Nore at this point and various existing outfalls will make a statement on the matter. [1736/04] which empty into the river at this area have all combined to present difficulties. Various Minister of State at the Department of Finance alternative sites for a slipway were identified by (Mr. Parlon): I am pleased to inform the Deputy OPW’s consulting engineers but were not that I have arranged to meet a deputation from acceptable to the local groups. OPW has, County Sligo on 28 January in regard to drainage however, instructed the consultants to re-examine of the Owenmore River. the proposal for the provision of a slipway at the Peace Park and the consultants’ report is Departmental Staff. expected very shortly. 329. Mr. Ring asked the Minister for Finance The unfortunate incident reported in the the reason people employed to replace newspaper article was not brought to OPW’s Oireachtas secretarial assistants for maternity attention prior to publication. The flood relief leave periods are paid at a lower rate than the construction site in Kilkenny is a secure one but, person they are replacing; and if he will make a nevertheless, it is virtually impossible to prevent statement on the matter. [1751/04] someone gaining access to the river, if they are Minister for Finance (Mr. McCreevy): determined to do so, either from the bridges or Secretarial assistants in the Houses of the by scaling the existing barriers. While the river Oireachtas are employed on an incremental pay levels have been artificially lowered during the scale starting on an annual salary of \18,741 per construction works, the levels and current can still annum and progressing to a maximum of \36,160 rise quickly in adverse conditions and will always per annum. The rates quoted are with effect from constitute a potentially dangerous environment. 1 January 2004. Progression through the The scheme is still under construction and the incremental scale is based on length of service installation of safety features such as ladders, and satisfactory performance in the grade. In line grab chains, rings etc. will be commenced in the with normal Civil Service practice, temporary near future as part of the programme of ongoing staff recruited to cover for secretarial assistants phased works. absent on maternity leave are employed at the When completed by the end of 2004, the minimum point of the scale. Kilkenny flood relief scheme will have a significant positive impact on the city through Tax Code. reducing or eliminating adverse flooding impacts 330. Mr. Penrose asked the Minister for and this will result in very real benefits for Finance his views on the way in which the Kilkenny. At the same time, the finished scheme Revenue Commissioners treat unemployability will include all the appropriate provisions for supplement, in relation to the taxation code, in safety deemed necessary. In accordance with the particular the way in which they deal with the Safety Health and Welfare (Construction) element of unemployability supplement which Regulations, a health and safety file will also be relates to child dependants; and if he will make a completed for the works and copies passed to statement on the matter. [1752/04] OPW and Kilkenny County Council. The health Minister for Finance (Mr. McCreevy): and safety file will identify operational and Unemployability supplement is an addition to maintenance requirements and limitations or disablement pension where a person is restrictions that are imposed. considered to be incapable of work as a result of an occupational accident or disease. The Decentralisation Programme. disablement pension is chargeable to tax, under 326. Mr. McHugh asked the Minister for schedule E of the income tax code, including any Finance the centres in County Galway that increases in respect of unemployability and child applied for decentralisation; and if he will make dependents. a statement on the matter. [1671/04] Any increases of unemployability supplement payable in respect of child dependents are treated Minister for Finance (Mr. McCreevy): Since for tax purposes in accordance with the 1998 my announcement in December 1999 of the Supreme Court judgement in the case of O´ Government’s intention to proceed with a new Sı´ocha´in v Neenan. In that case, the Supreme programme of decentralisation, I have received Court held that the widow’s pension paid by the submissions and representations on behalf of Department of Social and Family Affairs, eight centres in County Galway. They are: including the additional amount for children, was Ahascragh, Athenry, Ballinasloe, Cliften, Gort, the beneficial entitlement of the widow and that Loughrea, Tuam and Portumna. she was assessable to tax on the full amount.

Question No. 327 and answered with Question Decentralisation Programme. No. 325. 331. Mr. Sherlock asked the Minister for 431 Questions — 27 January 2004. Written Answers 432

[Mr. Sherlock.] lighting; and socially-monitored alarm systems, Finance if he has received offers of sites in the such as pendant alarms, which are operated via Mallow and Mitchelstown areas in respect of the telephone and are worn around the neck or Fa´ilte Ireland and Bus E´ ireann in respect of the wrist. proposed decentralisation programme; if he will Annual monitoring fees or maintenance fees identify the areas in Mallow and Mitchelstown at associated with socially-monitored alarm systems which the proposed sites are; and if he will make are not provided for under the scheme. As these a statement on the matter. [1769/04] fees are levied by private service providers, I understand that the Department of Community, Minister of State at the Department of Finance Rural and Gaeltacht Affairs has no role in (Mr. Parlon): The Office of Public Works has setting, abolishing, waiving or reducing such fees. received 19 proposals in respect of Mallow and nine proposals in respect of Mitchelstown in 333. Mr. J. O’Keeffe asked the Minister for regard to the proposed decentralisation Finance if he accepts the case made by the Irish programme. These proposals, which include both Charities Tax Reform Group in relation to the offers of sites and buildings are currently being \18 million VAT bill payable by charities on their analysed. Full details of these proposals will not inputs, which cannot be reclaimed because of be available until this analysis has been their exempted status; if he will consider a completed. mechanism for refund; if he will reduce the minimum donation threshold for tax purposes to Tax Code. \100, and widen the definition of relevant donations to cover gifts of assets as well as 332. Mr. R. Bruton asked the Minister for cash. [1813/04] Finance if his attention has been drawn to the fact that pendant alarm systems provided for persons Minister for Finance (Mr. McCreevy): I should who are incapacitated or in ill-health, are charged firstly explain that charities and non-profit groups to VAT at 21%; if he will consider changing the are exempt from VAT under the EU Sixth VAT tax status of these systems which are solely used Directive. This means that they do not charge by elderly incapacitated people, or alternatively VAT on their services and cannot recover VAT making arrangements for refunds to pensioners incurred on goods and services that they affected; and if he will make a statement on the purchase. Essentially, only VAT registered matter. [1802/04] businesses which charge VAT are able to recover Minister for Finance (Mr. McCreevy): The VAT. I am aware of the recent report purchase of a pendant alarm system and its commissioned by the Irish Charities Tax Reform monitoring, are subject to the standard rate of Group which indicates that charities incur a VAT 21%. The installation of such a system, where it bill of \18 million on their inputs. includes the purchase of such an alarm, is I have no plans to provide a mechanism for a generally subject to the reduced rate of 13.5%. refund of such VAT. The cost of such a refund The VAT rating of goods and services is largely would be expensive, especially as there would be subject to the requirements of EU VAT law with pressure to extend such a scheme to charities not which Irish VAT law must comply. While we can represented by the ICTRG and to other non- maintain the zero rating on those goods and profit organisations. Indeed, such a system could services which were zero-rated before 1 January encourage registration as charities by other 1991, the purchase, installation or monitoring organisations to benefit from such funding. In services for such alarms do not fall within this addition, I would point out that Government category. Since we cannot introduce any new zero subventions to affected organisations cover a rate of VAT, we cannot therefore relieve such significant element of the VAT incurred. services as referred to by the Deputy. As the Deputy may be aware, in the Finance I would add that under the Value Added Tax Act 2001, I introduced a new section and (Refund of Tax)(No. 15) Order 1981, it is possible schedule into the Taxes Consolidation Act 1997 to obtain a VAT refund in respect of the to provide for a uniform scheme of tax relief for purchase of a pendant alarm system, as it is donations which, as well as introducing new considered a medical device for the purpose of reliefs for donations to domestic charities and this refund order. Applicants should contact the educational institutions, merged almost all of the Revenue Commissioners, VAT repayments existing reliefs under the umbrella of a single (unregistered section), Kilrush Road, Ennis, scheme. This initiative was widely welcomed by County Clare. the charitable sector. I understand that a scheme of community Given the very generous nature of the relief, support for older people is operated by the which was only introduced in 2001, as well as the Department of Community, Rural and Gaeltacht fact that donations can be cumulative, as little as Affairs. The purpose of this scheme is to provide approximately \5 per week over the course of a funding for initiatives to improve the security and year, I consider that it would be premature to social support of vulnerable older people. Under make any change to the minimum donation the terms of the scheme, grant aid is available threshold of \250 now. towards the once off cost of purchase and Under existing legislation, donations must be installation of small-scale physical security in the form of money in order to attract tax relief. equipment such as strengthening of doors and However, where an asset is donated to an eligible windows, window locks, door chains and security charity, the donation for capital gains tax 433 Questions — 27 January 2004. Written Answers 434 purposes is deemed to be such that neither a gain difference in pre-tax margins; and if he will make not a loss accrues to the donor on the disposal. a statement on the matter. [1856/04] Therefore, no tax charge arises in respect of such a donation and any gain on a subsequent disposal Minister for Finance (Mr. McCreevy): The of the asset by the charity shall not be a most recent price comparisons that have been chargeable gain provided it is for charitable carried out by the Revenue Commissioners are purposes only. Thus, I believe there are already contained in the cross Border price survey of generous reliefs in this area for charities. November 2003. This report provides a snapshot of the average retail prices of the main excisable commodities observed in the Dublin and Newry Disabled Drivers. areas on 5th November 2003. The report provides 334. Mr. J. O’Keeffe asked the Minister for a breakdown of the prices and tax on each Finance the position in relation to the report of product in the survey. I enclose a copy of the the group established in April 1998 to review the relevant table for your information. disabled drivers and passengers regulations. [1814/04] Tax Code. Minister for Finance (Mr. McCreevy): As I 337. Mr. R. Bruton asked the Minister for have said in a reply to a previous parliamentary Finance if he will consider introducing question, the interdepartmental report of the concessions to older persons who wish to move review group on the disabled drivers’ and to smaller accommodation; if he will consider disabled passengers’ (tax concessions) scheme is introducing a stamp duty concession to such under consideration in my Department. The persons; if he will consider an exemption from report is a substantative one and needs to be capital gains tax where a house has been used as studied carefully. On completion of this process, a principle private residence for at least ten years I envisage that the report will be made available prior to its sale by the person concerned; and if he publicly. will make a statement on the matter. [1857/04] Minister for Finance (Mr. McCreevy): If tax Pension Entitlements. concessions were introduced for older persons 335. Mr. R. Bruton asked the Minister for wishing to trade down, it would have the effect of Finance his plans to open negotiations with the increasing the supply of larger — and generally representatives of employees in the public service more expensive — houses relative to demand. who are affected by the new proposals for This would be of benefit to people at the top end pension entitlements of new entrants; when these of the market. However, the demand for property negotiations will commence; the procedures for relative to supply at the lower end of the market arbitration which will be used in the event of would increase and this would adversely affect issues being unresolved in the course of direct first-time buyers, in particular, who would have negotiation; and if he will make a statement on to compete for such houses with a larger number the matter. [1855/04] of people consequently. Persons trading down normally have the cash upfront to pay for smaller Minister for Finance (Mr. McCreevy): I houses and would have no stamp duty liability on understand that the Deputy is referring to the a new house or a small liability on a second announcement in budget 2004 of the Government hand property. decision that the minimum pension age should be It should also be noted that people trading increased to 65 years for most new entrants to the down can already avail of the principal private public service from 1 April 2004. residence relief which is a substantial exemption In announcing the Government’s decision on from capital gains tax. If the house has been pension age, and also on the intended abolition of occupied for the full period of ownership, full compulsory retirement age for most new entrant exemption applies. Otherwise, the relief granted public servants from 1 April 2004, I stated that is in proportion to the period of occupation over the public service unions would be fully informed the entire period of ownership. This relief, about the implementation of these particular combined with the capital sum received on the changes in advance of their introduction with sale, means that most older people with large effect from 1 April 2004. I can confirm to the homes already have sufficient financial incentive Deputy that this process of information provision to trade down. has commenced. I consider these reliefs to be sufficiently Given that the Government has already taken generous and appropriate and accordingly, I have its decision in relation to these changes affecting no plans to introduce further concessions for any new entrants, the issues of negotiation and category of individual wishing to trade down. arbitration do not arise. Decentralisation Programme. Price Inflation. 338. Mr. Crowe asked the Minister for Finance 336. Mr. R. Bruton asked the Minister for the proposals he has to decentralise any Civil Finance the most recent price comparisons which Service jobs to the Tallaght area. [1962/04] he has carried out North and South breaking down the price differences into the part made up Minister for Finance (Mr. McCreevy): I do not by tax difference and the part made up by consider that the transfer of public service jobs 435 Questions — 27 January 2004. Written Answers 436

[Mr. McCreevy.] total number of such posts filled in the past five to any County Dublin location could be regarded years. [1965/04] as decentralisation. Minister for Finance (Mr. McCreevy): The number of middle management posts covers the Departmental Staff. grades of administrative officer, higher executive officer, assistant principal and principal officer. 339. Mr. R. Bruton asked the Minister for The scheme in existence for filling vacancies in Finance the proportion of the Civil Service and these grades within the civil service is an of the wider public service who are aged under interdepartmental competition using a one in 30 and the proportion aged 55 to 59 and 60 and three ratio. Under this scheme, every third 65. [1964/04] vacancy falling to be filled is referred to the Civil Service Commissioners to be filled from the Civil Minister for Finance (Mr. McCreevy): The Service-wide interdepartmental competitions. most recent available information for non- The other two vacancies are filled from within the industrial civil servants indicates that around 17% Department. A candidate who is successful in an are under the age of 30, about 7% are between interdepartmental competition may fill a vacancy the ages of 55 and 59 and just under 3.5% are in his or her own department. between the ages of 60 to 65. Excluded from In addition, all new principal officer posts are these figures are certain numbers serving in the filled from the interdepartmental panel and also Irish Prison Service, Garda civilian staff and local those posts that arise as a consequence of the recruits working abroad for the Department of former occupant of the post taking up Foreign Affairs. Similar information in regard to appointment at assistant secretary level or higher the wider public sector is not centrally in a department other than his/her parent maintained. department. Table 1 sets out the position regarding the Departmental Appointments. number of middle management posts in the civil service which have been filled by candidates in 340. Mr. R. Bruton asked the Minister for these interdepartmental competitions. No Finance the number of middle management posts vacancies have been filled by candidates outside in the Civil Service which have been filled by the civil service in the grades of higher executive candidates from outside the Department with the officer, HEO, assistant principal, AP and vacancy, from outside the Civil Service, and the principal officer, PO.

Table 1: Number of posts filled from interdepartmental competitions at HEO, AP and PO level

Year HEO AP PO

1999 95 142 0 2000 200 85 41 2001 172 172 40 2002 194 135 7 2003 82 39 5

Total: 743 573 93

In the case of administrative officer positions, filled by both open and interdepartmental means all vacancies arising have been filled by means of — see table 2. open competition until 2003 when vacancies were

Table 2: Number of posts at administrative officer level which were filled from open and confined competitions

Year Administrative Officer — Open Administrative Officer — Confined

1999 52 2000 95 2001 125 2002 55 2003 15 9

Total: 342 9

In keeping with the commitment to open completed at end of year. To date, no recruitment as outlined in Sustaining Progress, appointments have been made from either of open competitions at both higher executive these competitions. officer and assistant principal level were 341. Mr. R. Bruton asked the Minister for advertised in 2003 and the selection process was Finance the number of posts which have been 437 Questions — 27 January 2004. Written Answers 438 filled by TLAC in the past five years and the timelines for the sequencing of all the various number of these which have been filled by moves would be of limited value. candidates from inside and outside the More generally, I believe that the very scale of Department with the vacancy; the number which the programme, including as it does a wide mix have been filled by persons from outside the Civil of locations all around the country, should help to Service; and the number filled by persons from attract volunteers. There are thousands of public outside the wider public service. [1966/04] servants commuting daily to Dublin, some from the immediate neighbouring counties of Wicklow, Minister for Finance (Mr. McCreevy): A total Kildare and Meath but many others from even of 75 TLAC competitions were run over the last further away. The decentralisation programme five years between 1999 and 2003. Some 62 of the offers these people the prospect of a significantly successful candidates were from inside the improved quality of life by providing work much department or office in which the vacancy closer to home. In these cases people can simply occurred. Some 13 of the successful candidates change their commuting habits by engaging in were from outside the department or office in reverse commuting and reducing their time on which the vacancy occurred. Just one post was the roads each morning and evening. filled by a person from outside the Civil Service, For many others, there is the opportunity to although the person was from within the wider relocate away from Dublin altogether and to start public service. No post was filled by a person a new life outside the capital. Those who doubt from outside the public service. that there will be sufficient interest often refer to difficulties experienced in attracting sufficient Departmental Estimates. numbers to particular locations previously. My view is that the single biggest impediment to 342. Mr. R. Bruton asked the Minister for encouraging sufficient numbers to relocate Finance the extent to which responsibility for the previously was the prospect of not being able to pay bill is delegated to line Departments within fulfil their career prospects. This impediment has the Civil Service. [1967/04] now been removed. I believe that every Minister for Finance (Mr. McCreevy): individual who joins the civil service is entitled to Spending allocations, including provision for pay, aspire to becoming Secretary General one day. is set within the context of the annual estimates The new programme means this can become a process and published in the Revised Estimates real aspiration for staff serving outside Dublin Volume each year. Spending on pay is allocated on the basis of the Estimate needs in each Departmental Staff. Department and office. Departments and offices 344. Mr. Durkan asked the Minister for have discretion on the configuration of their Finance the bank holiday entitlements of civil staffing and associated spending subject to servants who have suffered an illness or who were compliance with numbers and expenditure off work due to an accident in the previous tax policies and the respective terms of their year; if his attention has been drawn to the administrative budget framework agreement with changes in this area; and if he will make a the Department of Finance. statement on the matter. [1969/04]

Departmental Decentralisation. Minister for Finance (Mr. McCreevy): The public holiday entitlement of all employees, 343. Mr. R. Bruton asked the Minister for including civil servants, is stated in section 21 of Finance if he has carried out a survey of civil the Organisation of Working Time Act 1997. servants in each of the grades represented by the Section 21(1) states that: CPSSA, the CPSEU, and the AHCPS, to ascertain the numbers in each grade who wish to Subject to the provisions of this section, an decentralise to each of the proposed locations; if employee shall, in respect of a public holiday, he will state the number in each grade who have be entitled to whichever one of the following confirmed their wish to do so; and if no such his or her employer determines, namely survey has yet been carried out if he will indicate (a) a paid day off on that day, the arrangements in place to do so and the date by which the survey will be complete. [1968/04] (b) a paid day off within a month of that day, Minister for Finance (Mr. McCreevy): I have (c) an additional day of annual leave, not undertaken a survey of civil servants in the grades referred to by the Deputy to ascertain the (d) an additional day’s pay. numbers who wish to transfer to each of the Employees (including civil servants) absent from locations included in the decentralisation work immediately before the public holiday will programme. This is something which, no doubt, not be entitled to benefit from the public holiday the implementation committee chaired by Mr. in the following circumstances: Flynn will be considering in drawing up its proposed implentation plan. My own view is that (i) an absence in excess of 52 weeks by conducting such a survey in advance of clearer reason of an occupational injury, 439 Questions — 27 January 2004. Written Answers 440

[Mr. McCreevy.] disabilities has been completed; and when he will (ii) an absence in excess of 26 weeks by publish this report. [2214/04] reason of illness or injury, Minister for Finance (Mr. McCreevy): I have (iii) an absence in excess of 13 weeks by received the report of the interdepartmental reason not already mentioned in (i) and (ii) but review group on the disabled drivers’ and being an absence authorised by the employer, disabled passengers’ (tax concessions) scheme including lay-off, and it is under consideration in my Department. (iv) an absence by reason of a strike. On completion of this process, I envisage that the report will be made available publicly. These public holiday provisions of the Organisation of Working Time Act were 348. Mr. Deasy asked the Minister for Finance communicated to all Civil Service Departments his plans to ease the conditions of the disabled and offices by means of a letter from my drivers and disabled passengers tax concessions; Department, addressed to all personnel officers if a review has been carried out on this scheme; on 18 April 2001, entitled Sick Leave — if his attention has been drawn to the difficulties entitlement in respect of public holidays. caused as a result of the severe restrictions required to obtain a primary medical certificate; Decentralisation Programme. and if he will make a statement on the matter. [2215/04] 345. Mr. R. Bruton asked the Minister for Finance if assessments are underway in his Minister for Finance (Mr. McCreevy): An Department on the activities proposed for interdepartmental group was established to decentralisation; the impact on the operations of review the disabled drivers’ and disabled the Department; the risks to the organisation passengers’ (tax concessions) scheme. The group attendant on this move; the measures that will be examined all aspects of the scheme including the put in place to minimise disruption; and if these qualifying medical criteria. reports will be presented to him at an early date I have received the report of the for consideration. [1975/04] interdepartmental review group on the disabled Minister for Finance (Mr. McCreevy): A drivers’ and disabled passengers’ (tax special Cabinet sub-committee has been put in concessions) scheme and it is currently being place to oversee implementation of the considered. Any recommendations contained in decentralisation programme. I have also this report in relation to the medical criteria and appointed an implementation committee, chaired other conditions of the scheme will receive full by Mr. Phil Flynn. This committee has to prepare consideration. and submit an overall implementation plan by the The medical criteria for the purposes of the tax end of March 2004. The implementation plan will concession under this scheme are set out in the address issues such as sequencing of various Disabled Drivers and Disabled Passengers (Tax moves; acquisition/financing of new offices; Concessions) Regulations 1994. Some six associated rationalisation of government different types of disablement are listed under the property; scope for pooling common services regulations and a qualifying person must satisfy between Departments; and the major human one or more of them. The six types of resource issues that will need to be addressed. disablement are as follows: a) persons who are wholly or almost wholly Garda Stations. without the use of both legs; 346. Mr. Stagg asked the Minister for Finance b) persons who are wholly without the use of if a revised sketch scheme has been prepared by one leg and almost wholly without the use of the Office of Public Works in relation to the new the other leg such that the applicant is severely Garda station for Leixlip, County Kildare; and if restricted as to movement of the lower limbs; he will make a statement on the matter. [2213/04] c) persons without both hands or without both arms; Minister of State at the Department of Finance (Mr. Parlon): A revised brief for Leixlip Garda d) persons without one or both legs; station remains under consideration by the e) persons wholly or almost wholly without Department of Justice, Equality and Law the use of both hands or arms and wholly or Reform. The Office of Public Works is not in a almost wholly without the use of one leg; and position to finalise a sketch scheme until a revised brief has been received. f) persons having the medical condition of dwarfism and has serious difficulties of Disabled Drivers. movement of the lower limbs. 347. Mr. P. McGrath asked the Minister for An individual who qualifies under the medical Finance if he will confirm that the report of the criteria as set out above is issued with a primary interdepartmental review group on the issue of medical certificate. Possession of a primary primary medical certificates for persons with medical certificate provides for remission or 441 Questions — 27 January 2004. Written Answers 442 repayment of vehicle registration tax — VRT — Irish Language. plus a repayment of value added tax — VAT — 351. Mr. F. McGrath asked the Minister for on the purchase of the vehicle, plus a repayment Foreign Affairs if he will ensure Irish is included of VAT on the cost of adaptation of that vehicle. in the official languages list in the EU as a Repayment of the excise duty on fuel used in the priority. [1170/04] motor vehicle, and exemption from payment of annual road tax to local authorities are also 353. Mr. Haughey asked the Minister for provided for. Foreign Affairs if he will ensure Irish is included as an official EU language; and if he will make a Any consideration of a change to the scheme, statement on the matter. [1163/04] will among other factors, have to take account of any cost implications. I have been informed there Minister for Foreign Affairs (Mr. Cowen): I are up to 360,000 persons in Ireland who could propose to take Questions Nos. 351 and 353 be regarded as disabled to some degree or other. together. These include both persons with medical The Irish language has the status of a “Treaty conditions other than those covered by the language” in the European Union. This derives scheme, and those with medical conditions from the fact that the treaties are in Irish and that covered by the scheme. The substantial tax Irish is listed as one of the languages in which the benefits of the disabled drivers’ and disabled text is authentic. Each successive treaty is passengers’ scheme make for considerable published in Irish as well as in the eleven other languages, with the texts in Irish being equally interest in and desire to be admitted to the authentic and having equal status with those in scheme. all other languages. The draft constitutional The cost of reliefs excluding annual road tax treaty under consideration at the \ costs is estimated to be in the region of 34 Intergovernmental Conference would fully \ million in 2002, as compared to 5.1 million in maintain this position. 1994. Irish is not one of the official and working languages of the institutions of the Union as Question No. 349 answered with Question provided for in Article 1 of Regulation 1/1958. No. 295. However, the Government continues to monitor developments with a view to availing of any Decentralisation Programme. appropriate opportunity which may arise to 350. Mr. Kenny asked the Minister for Finance enhance the status of Irish in relation to the EU. For instance, under revised staff regulations, if any union made recommendations or submitted which are due to be agreed shortly, and as a result a report to his Department concerning the of an initiative by Ireland, a new requirement for decentralisation plans of the Government; if such officials to demonstrate before their first recommendations were made or reports promotion the ability to work in a third language submitted, if he will detail the principal extends not only to official and working recommendations or findings made by the union; languages but also to Irish. In this regard, Irish is and if he will make a statement on the matter. the only language that is not an official and [2285/04] working language which will be taken into Minister for Finance (Mr. McCreevy): account. The Government remains fully willing to build Following the initial announcement in budget on the advances made and to take further 2000 that the Government intended to proceed practical steps as appropriate. To this end, there with a new programme of decentralisation, one are ongoing discussions between my Department major public service union, the Civil and Public and the Department of Community, Rural and Services Union, provided advice on the Gaeltacht Affairs. I very much hope these development of criteria for the programme. The discussions will result in the identification of CPSU suggested that selection criteria should additional opportunities to enhance the status of take account of factors such as the following: Irish in the EU. socio-economic considerations; known staff preferences; availability of education and hospital Support for Irish Emigrants. facilities; the need to build sustainable 352. Mr. B. Smith asked the Minister for promotional structures at a regional level but also Foreign Affairs if his Department will co- avoid a detrimental impact on promotion ordinate a programme of support for Irish opportunities for staff remaining in Dublin; the emigrants to Britain and the United States, inclusion of senior level posts; the advantages of particularly elderly emigrants, who are in difficult including locations in the vicinity of Dublin; and financial circumstances and living in totally the need to maintain service to the public. I was inadequate housing accommodation; if the appreciative of the submission made by the relevant supports will be provided for those who CPSU at that time and I consider that the may wish to return home and live in Ireland; and programme announced in budget 2004 takes full if he will make a statement on the matter. account of the points raised in the submission. [2253/04] 443 Questions — 27 January 2004. Written Answers 444

Minister for Foreign Affairs (Mr. Cowen): The template for addressing the needs of the Irish Government has been providing assistance to abroad in the future. Irish emigrants in Britain and the United States I was pleased to announce before Christmas for many years. In response to concerns about the that I secured an additional provision of \1 situation of Irish emigrants in Britain, the million in the Estimates for my Department for Government established the Dı´on committee in this year for services to emigrants. I intend that 1984. The Dı´on fund, which is administered by the additional funds will be concentrated on the embassy in London through the Dı´on improving services for the more vulnerable committee, has almost trebled over the past four among our emigrants in the UK, US and years — from \592,300 in 1999 to \ 2,573,000 last Australia who require special assistance and year. A further \150,000 was allocated to the support. I also intend that priority will be given Federation of Irish Societies in London from to services for elderly people, including those savings in last year’s budget. This brings the total who wish to return to live in Ireland. allocation to emigrant services in the UK to \2,723,000 in 2003. The total amount allocated by Question No. 353 answered with Question No. 351. the Dı´on committee since 1984 is almost \18 million. Human Rights Issues. The Government also gives grants, through the Vote for Foreign Affairs, to voluntary 354. Mr. F. McGrath asked the Minister for organisations in the US who provide advocacy Foreign Affairs if he will raise the case of a and support to Irish immigrants. Priority is given person (details supplied) with the Chinese to the provision of information, advice and authorities in Tibet; and if he will support a outreach services for Irish immigrants. The grants proposal for a special EU representative for are used for funding the administration of such Tibet. [1164/04] services. My Department provided a total of Minister for Foreign Affairs (Mr. Cowen): The \300,000 in 2003, which represents a substantial case referred to by the Deputy has been raised increase over previous years. with the Chinese authorities. In a declaration I am particularly conscious of the difficulties issued in January 2003, the European Union faced by elderly Irish emigrants and they are one expressed its concern regarding this case, urged of the priority groups for assistance from the the Chinese authorities to review it and expressed funds provided by my Department. The its expectation that the death sentence would not Government also recognises that many emigrants be upheld. would like to return to live in Ireland but that In addition, the case has been raised with the some of them, particularly elderly people, require Chinese authorities in the context of the EU- special assistance to do so. For the past three China human rights dialogue and is subject to years, the Dı´on committee has funded the salaries ongoing discussions with the Chinese authorities of workers in two organisations which provide in the framework of this dialogue. The dialogue advice and assistance to elderly Irish people in was established in 1996 in order to provide a Britain who wish to return to live in Ireland — platform for engagement with China on human “Aisling” Return to Ireland project in Camden rights issues, allowing the EU to channel human and the “Safe Home” programme in Mulranny, rights concerns, including individual cases, County Mayo. directly to the Chinese authorities. The next In addition, the terms of the voluntary housing session of the dialogue will take place next capital assistance scheme administered by the month. The individual to whom the Deputy refers Department of the Environment, Heritage and will remain on the EU’s list of individual cases, which will be presented to the Chinese authorities Local Government, provide that up to 25% of for discussion at the February dialogue session. accommodation in new projects undertaken by Regarding the question of the appointment of voluntary bodies throughout the country, assisted an EU special representative for Tibet, I refer the under the scheme, may be allocated to elderly Deputy to my previous replies of 6 November, 2 emigrants returning to this country. December and 6 December 2003 and to Irish emigrants have made an enormous exchanges in the House on 11 December 2003. contribution to the development of this country These replies stated that in March 2002, the Dalai and it was in recognition of this contribution that Lama wrote to the Foreign Ministers of EU the Government agreed with the social partners, member states, including myself, asking that an in the context of the Programme for Prosperity EU special representative for Tibet be appointed. and Fairness, to establish the task force on policy In a joint response at that time, EU Ministers regarding emigrants. The focus of the task force were unanimously of the view that nominating an and of their report was directed towards EU special representative would not contribute protecting and supporting those Irish emigrants positively to the situation. abroad who are particularly marginalised or at This position was reconsidered at the end of greatest risk of exclusion. I welcomed the task last year and it was decided the position had not force’s report, which sets the issue of emigration changed. It remains the common view of EU in a forward looking context and provides a partners therefore that, in present circumstances, 445 Questions — 27 January 2004. Written Answers 446 the most effective means of influencing the communicating Europe in Wicklow on 7-8 April Chinese Government’s position on Tibet is 2004. The Department of Foreign Affairs is through direct contact. responsible for the organisation and management of these meetings. EU Presidency. In addition, I will participate in ministerial 355. Mr. O’Connor asked the Minister for troika meetings with, among others, the US, Foreign Affairs to report on his Department’s Canada, Russia, Ukraine, China, Japan, India, activities in respect of Ireland’s EU Presidency; if Pakistan, Afghanistan, Turkey, Croatia, Albania, he will outline his plans for the next few months; Serbia and Montenegro, New Zealand, the and if he will make a statement on the matter. African Union and ECOWAS. I have had a [1213/04] successful meeting in Ireland with the Foreign Minister of Australia. I recently visited the Minister for Foreign Affairs (Mr. Cowen): The Middle East and held discussions on the Middle Department has been working closely with other East peace process in Israel and in Egypt. I Departments to develop, co-ordinate and carry attended the inauguration of the new President out the programme for Ireland’s EU Presidency. of Georgia, Mikhila Saakashvili, in Tbilisi last The Presidency programme was laid before the weekend. Houses of the Oireachtas last December and was Work on the Presidency programme is being debated in the House on 20 January. The advanced through these meetings as well as priorities for the Irish Presidency are to take through a wide range of bilateral contacts forward work on the draft constitutional treaty; between Ministers and officials with their to ensure a smooth transition to a Union of 25 counterparts in the member states and other member states on 1 May and carry forward work countries and with the EU institutions. on the wider enlargement process; to give In addition to the work at the Department’s renewed impetus to the Union’s programme of headquarters and the permanent representation economic, social and environmental reform; to in Brussels, our other missions abroad also have advance the area of freedom, justice and security; important Presidency responsibilities. Our and to carry out effectively the Union’s missions in third countries, for example, will chair international obligations, including in regard to meetings of the EU member state representatives development issues. The Department of Foreign in their countries of accreditation and will act on Affairs is also actively involved in planning and behalf of the EU in relations with their host logistical arrangements for the meetings that will Governments. take place in Ireland and elsewhere, as well as the organisation of sponsorship and management of the Presidency website. Passport Applications. During the Presidency Irish officials, including 356. Mr. O’Connor asked the Minister for many from the Department of Foreign Affairs, Foreign Affairs his views on the significant will be called on to chair approximately 3,000 increase in the number of passports being issued; meetings in Brussels, Ireland and elsewhere. The and if he has satisfied himself that arrangements majority of these meetings are working groups at are in place to deal with this business. [1237/04] official level which meet in order to progress the Union’s agenda across the range of its activities. Minister for Foreign Affairs (Mr. Cowen): The calendar of Council meetings, which I and There has been a very substantial increase in the other Government colleagues will chair, has been number of passports issued in recent years. The deposited in the Oireachtas Library, as has the passport offices in Dublin and Cork issued calendar of high level meetings which are being 467,653 passports last year which is more than held in Ireland. double the number issued as recently as 1996. A I will host an informal EU Foreign Ministers number of factors have given rise to the increase meeting in Tullamore on 16-17 April 2004. I will in passport demand over recent years. These also host a meeting of the ASEM Foreign include an increase in the population in the State, Ministers, which brings together EU Ministers a substantial rise in the number of people and their Asian counterparts in April in Ireland travelling abroad, due to higher disposable and an informal euromed foreign ministerial, incomes and cheaper airfares, and a rise in the which provides an opportunity for dialogue number of children being issued with individual between EU Foreign Ministers and their passports. Mediterranean counterparts on 6-7 May 2004 in Almost 90% of passports are issued within ten Dublin Castle. The Minister of State at the working days which compares very favourably Department of Foreign Affairs, Deputy Kitt, will with the level of service available internationally. host an international conference on HIV-AIDS I am satisfied with the level of staff resources in Europe in Dublin Castle on 23-25 February available in my Department to meet the demand 2004 and a development co-operation ministerial for passports. The Passport Office currently meeting in Dublin on 1 June 2004. The Minister employs almost 200 permanent staff at its offices of State at the Department of Foreign Affairs, in Dublin and Cork. These are supplemented by Deputy Roche, will host a conference of temporary staff on a seasonal basis as required. Ministers for European Affairs on Overall staffing numbers have been increased in 447 Questions — 27 January 2004. Written Answers 448

[Mr. Cowen.] to the committee that he arrange a meeting with recent years and are continually kept under Ireland as the state party. review. In response to a request from Mr. Ando, an The technical systems for processing passport officer of the permanent mission of Ireland to the applications have, however, reached the limits of UN in Geneva met with Mr. Ando on 4 their capacity and are urgently in need of November 2003. At the meeting, Mr. Ando replacement. The passport office is currently recalled the background to the case and asked the engaged in a major project to modernise the representative of Ireland if Ireland had any passport issuing service. The project will additional information on the case. In response streamline the process of issuing passports and the representative of Ireland stated that he had enable a more efficient service to be provided to no additional information on the case. It was the public. A new, more secure passport booklet noted, inter alia, that the findings of the HRC in will be introduced when the new system is the case had been considered by the committee implemented later this year. When completed, to review the operation of the Offences against Ireland will have one of the most advanced the State Acts and related matters. Mr. Ando will passport issuing systems in the world. report on his meeting with the representative of Ireland to the next meeting of the human rights Human Rights Issues. committee at its 80th session, which is scheduled from 15 March to 2 April 2004 in New York. 357. Mr. Gormley asked the Minister for Foreign Affairs if a representative of the United Biometric Passports. Nations human rights committee recently requested a meeting with a representative of 358. Mr. O’Connor asked the Minister for Ireland to discuss the Government’s response to Foreign Affairs his plans to introduce biometric the findings by the human rights committee that passports, detailing the schedule being followed Ireland had violated the rights of a person (details and arrangements being made; and if he will supplied) under the International Covenant on make a statement on the matter. [1402/04] Civil and Political Rights; if such a meeting took Minister for Foreign Affairs (Mr. Cowen): place in Geneva during the last session of the Ireland is one of the 27 countries that participate human rights committee in October-November in the US visa waiver programme, which enables 2003, what was discussed at the meeting and the citizens of those countries to travel to the US for outcome of the meeting; and if he will make a up to 90 days without a visa for business or tourist statement on the matter. [1240/04] purposes. The US Enhanced Border Security Act, enacted after the terrorist attacks of 11 Minister for Foreign Affairs (Mr. Cowen): The September 2001, requires each country that human rights committee, composed of 18 participates in the visa waiver programme to independent experts of recognised competence in introduce, or have in place a programme to the field of human rights, monitors the introduce, biometric passports by 26 October implementation of the International Covenant on 2004. Otherwise, citizens of these countries will Civil and Political Rights. The committee was have to obtain a visa from an American Embassy established when the covenant entered into force for travel to the US. This, however, will only in 1976. The first optional protocol, which apply to passports issued on or after 26 October entered into force together with the covenant, 2004; holders of passports issued before that date authorises the committee to consider also will continue to be able to enter the US under the allegations from individuals concerning violations visa waiver programme without a visa, provided of their civil and political rights. Ireland ratified their passports are machine-readable, that is, the both the covenant and optional protocol on 8 personal information is printed and not December 1989 and it entered into force in handwritten. All Irish passports issued in Dublin, Ireland shortly thereafter. Cork and London are machine-readable. In response to a petition under the first Given the numbers of Irish travellers to the US optional protocol in April 2001, the committee and the importance of our economic and wider found Ireland had violated the rights of the relationship with that country, it is highly person concerned. Ireland responded to the desirable that Ireland should remain a participant views-findings of the committee in August 2001. in the visa waiver programme. I am Ireland informed the committee that, in recommending to the Government, therefore, acknowledgement of the views of the committee that Ireland should introduce passports and its obligations under the covenant, it containing biometric information subject to the proposed to pay £1,000 to the author of the conduct of a feasibility study of the detailed petition. arrangements for implementing this. The special rapporteur of the human rights My Department is developing a new Irish committee on views, Mr. Nisuke Ando, presented passport which will be introduced later this year. a report for information to the committee on The new passport will contain a polycarbonate, follow up to cases where a violation of the plastic, datapage which will be capable of Covenant on Civil and Political Rights has been incorporating a microchip on which biometric found. In his report on this case he recommended data can be inserted. It will, accordingly, be 449 Questions — 27 January 2004. Written Answers 450 possible to move relatively quickly to the stage of senior military and political figures; if he has producing biometric passports if a final decision satisfied himself that the trial judge Senor Acosta to this effect is taken by the Government. should be given every assistance and sufficient space to allow him to make a just and considered Illegal Immigrants. decision, free from political and military interference; and if he will agree to inform the 359. Mr. Ring asked the Minister for Foreign relevant Colombian authorities of his views on Affairs if his Department have received this important matter. [1519/04] information on the recent immigration reform announcement by President Bush; if the Minister for Foreign Affairs (Mr. Cowen): The Government had discussions with the US judgment in the trial of the three Irishmen has Government regarding Irish illegal immigrants; not yet been delivered and it would be quite the way in which the recent announcement will inappropriate for me, therefore, to make any affect them; and if he will make a statement on comment on the case. I assure the Deputy, the matter. [1414/04] however, that both I and my Department have repeatedly emphasised to the Colombian Minister for Foreign Affairs (Mr. Cowen): On authorities the importance of ensuring that the 7 January 2004, the President of the United States men receive a fair trial. We have also conveyed announced a new immigration initiative, entitled to them, while respecting the independence of the fair and secure immigration reform. Under the Colombian judiciary, our strong desire to see the initiative, the President is proposing the creation case concluded as soon as possible. of a new form of temporary work permit which would be available to both undocumented foreign EU Presidency. nationals currently in the US and those seeking to enter with a job arranged. 361. Mr. P. Breen asked the Minister for The temporary work permit would give such Foreign Affairs if a major EU-US summit is people legal status in the US for three years, with planned for County Clare during Ireland’s six- the possibility of renewal. Recipients of these month Presidency of the European Union; if he permits would be able to apply for permanent can confirm that President George Bush will be residence in the US but would not get preference visiting the country during the Presidency; and if over other green card applicants. Workers who he will make a statement on the matter. did not qualify for permanent residency status [1521/04] when their temporary work permits expired Minister for Foreign Affairs (Mr. Cowen): The would have to return to their country of origin. consultative mechanisms of the EU-US While the proposal does not ensure permanent relationship include the provision for an EU-US legal status for the undocumented in the US, it summit. The summit meeting is scheduled to take does offer the possibility of a temporary status place during the first half of this year. We are which will enable them to work, with the working closely with the US authorities on the accompanying employment rights and social preparation of this important meeting, including benefits. Importantly, it gives these workers the the exact date and location. As a matter of right to leave the US during the period of the course, summit meetings are held at Head of temporary work permit, and return again. State or Government level. It is anticipated, The President’s proposals will have to be therefore, that the Taoiseach and President Bush approved by the US Congress and it is too early will attend any EU-US summit during the Irish to say what amendments may be made in the Presidency. course of their passage through the congress. Nevertheless, I welcome this initiative which Foreign Conflicts. represents an important first step in addressing the situation of undocumented foreign workers in 362. Mr. F. McGrath asked the Minister for a pragmatic and compassionate way. Foreign Affairs if he will challenge a new ruling I assure the Deputy that the embassy in by the Israeli Government regarding entry into Washington DC will follow closely the the Palestinian Authority controlled areas where development of the President’s initiative and the all foreign visitors must now apply for a permit consideration given to it in the US Congress. It from the Israeli army in advance of their trip; and will, in particular, continuously assess the if he will raise this issue at UN and EU potential of the proposals to regulate the status meetings. [1647/04] of Irish citizens in the US who remain Minister for Foreign Affairs (Mr. Cowen): The undocumented. matter has been raised with the Israeli authorities in our European Union Presidency capacity. We Colombian Trial. have asked for clarification of the legal basis for 360. Mr. Crowe asked the Minister for Foreign the new procedures and identification of the Affairs if, in view of the lengthy and unwarranted issuing and enforcing authority. The practical interference, including prejudicial statements, effects of the new ruling are being closely made in the run up to and during the trial process monitored and will, as necessary, be the subject of the three Irishmen arrested in Colombia by of further contacts with the Israeli authorities. 451 Questions — 27 January 2004. Written Answers 452

Northern Ireland Issues. occasions last year. Falun Gong was banned by the Chinese authorities in July 1999 and the 363. Cecilia Keaveney asked the Minister for Chinese government continues to regard it as an Foreign Affairs further to parliamentary “evil cult”. However, the Government takes questions tabled on 11 March 1999, 3 October seriously concerns about human rights in China, 2000, 5 December 2000, 22 March 2000 and 3 July including those of Falun Gong members. 2001, his views on the recently issued report by This issue has been raised both bilaterally and the ombudsman in Northern Ireland in regard to through European Union channels, notably a person (details supplied) in County Derry; and through the formal framework of the EU-China if he will make a statement on the matter. human rights dialogue, which was established in [1753/04] 1996. Through the dialogue, the EU continues to Minister for Foreign Affairs (Mr. Cowen): The share with China its experience in the field of family of Sea´n Brown lodged its complaints with human rights protection and promotion, and to the Police Ombudsman for Northern Ireland in urge China to take clear steps to improve the March 2001 about the police investigation into his human rights situation generally, and more murder. Her report was published on 19 January specifically with respect to the freedoms of 2004 and it identified a number of serious faults expression, religion and belief, which have a about the manner in which the police handled the particular impact on individual practitioners of investigation and responded to her own inquiry. Falun Gong. The next session of the EU-China Mrs. O’Loan has upheld two complaints from Mr. human rights dialogue will take place next month. Brown’s family — that the investigation into his Human rights are a constant and important death had not been efficiently carried out and issue of dialogue and discussion with the Chinese that no earnest effort was made to identify those authorities, at both national and European Union who carried out his murder. level. In this regard, I welcome the confirmation On the basis of her findings that the RUC of continued commitment to the human rights investigation was incomplete and inadequate, she dialogue in China’s first ever policy paper on the has recommended that a full independent review EU, which was published in September 2003, and should be carried out into the murder. The PSNI the reiteration by both sides, at the most recent has agreed to a re-investigation of the case and EU-China Summit in Beijing on 30 October 2003, to keep the Brown family fully informed of all of their continued commitment to work towards developments. achieving more meaningful and positive results As the Deputy will be aware, I have taken a on the ground. personal interest in the family’s efforts and have The specific cases to which the Deputy refers raised this issue on several occasions with the involve Chinese citizens. They are subject to British Government. In pursuit of this, I raised Chinese law while in that country. As they are not the disturbing findings of the Ombudsman’s Irish citizens, Ireland has no consular function in report and my support for her key this matter. recommendation of a full independent review into the murder with the Secretary of State for EU Presidency. Northern Ireland, Mr. Paul Murphy, and with the 365. Mr. J. Higgins asked the Minister for PSNI Chief Constable, Hugh Orde, at the British- Foreign Affairs the details of the sponsorship Irish Intergovernmental Conference in Farmleigh from business interests or individuals supplied for House last Thursday. the Irish EU Presidency; and if he will give an The re-investigation of the Brown murder will individual breakdown of the money involved in be closely watched not only by the family but also each sponsorship. [1861/04] by the public and the ombudsman herself. Sea´n Brown was an upstanding member of his Minister for Foreign Affairs (Mr. Cowen): community and a victim of sectarian evil. I share Conscious of the success of the sponsorship the family’s hope that the new investigation will arrangements in recent Presidencies, and that this provide evidence to convict those responsible for has very much become the usual practice, the the murder of their father and husband. Government took the view that the Presidency offers a valuable and important opportunity for Human Rights Issues. Irish business to promote what is best about Ireland, in particular in the economic, trade and 364. Mr. J. O’Keeffe asked the Minister for tourism areas. Foreign Affairs if his attention has been drawn The main role of the Presidency is to advance to the continuing repression and denial of human the agenda of the European Union but it is also rights in China of Falun Dafa practitioners; and accepted that each Presidency takes the if he will bring pressure to bear on the authorities opportunity to promote its own country widely. in China on the human rights issue generally and It would be remiss of the Government if it did two students (details supplied) in particular. not maximise the exposure that Ireland will gain [1816/04] from hosting the Presidency, which may well be Minister for Foreign Affairs (Mr. Cowen): I set the last of its kind. Sponsorship will help develop out the Government’s position with regard to the a wider ownership in, and involvement with, the Falun Gong organisation on a number of Presidency. 453 Questions — 27 January 2004. Written Answers 454

We have, in particular, modelled our approach the President of the European Council on this on that applied by the very successful Danish matter; the initiatives that Ireland proposes to Presidency by inviting offers of sponsorship from take in respect of the development of the peace companies. All sponsorship will be in the form of road map; and if he will make a statement on the goods and services — no cash sponsorship will matter. [1877/04] be considered. Minister for Foreign Affairs (Mr. Cowen): A number of categories lend themselves to a Ireland’s position on the building of the sponsorship arrangement — transportation, separation barrier by the Israelis was set out in catering and the provision of IT- Resolution A/RES/ES-10/13 of the UN General telecommunications equipment. Similar Assembly adopted on 21 October last. This categories have been sponsored during previous resolution was sponsored by Ireland and our Presidencies. In this context, my Department partners in the European Union and demands contacted the various umbrella groups for that Israel stop and reverse the construction of business in Ireland, such as the Irish Business and the wall in the occupied Palestinian territories, Employers Confederation, the Chambers of including in and around east Jerusalem, which is Commerce of Ireland, the Irish Tourism Industry in departure of the armistice line of 1949 and is Confederation, the Irish Hotels Federation and in contradiction to relevant provisions of the Society of the Irish Motor Industry to outline international law. the sponsorship possibilities. I visited Israel and Egypt for discussions on 14- I am happy that the following companies have 18 January and intend visiting the region again agreed to become sponsors of the Presidency: later in the Presidency. As European Union Eircom, Audi, Tipperary Natural Spring Water representative in the international quartet, and Kerrygold. Eircom and Audi between them Ireland will attach a high priority to advancing will supply goods and services worth \ the road map. During my talks in Israel, I approximately 5 million. Tipperary Natural suggested that small, concrete and visible steps Spring Water will supply its product free of should be taken by both sides to restore trust and charge at all ministerial level meetings in Ireland revive the peace process. I also raised the and for the two summits in Brussels, while question of the separation barrier. I reiterated Kerrygold will supply its products free of charge our concern about the building of such a structure for every Presidency lunch and dinner in Ireland in the occupied Palestinian territories and made and in Brussels. It is difficult, at this stage, to give the point also to Israeli interlocutors that it did an indication of the precise value of these not serve Israel’s long-term security interests. sponsorships. Such is the interest in sponsoring the Human Rights Issues. Presidency that negotiations are still ongoing with several similar high calibre companies. I am also 367. Mr. Andrews asked the Minister for encouraged by the inquiries from smaller regional Foreign Affairs if his attention has been drawn companies and organisations who are interested to the repatriation of members of the People’s in sponsoring events in their respective localities. Mojahedin of Iran from Iraq to Iran by order of This shows the Presidency touches many parts of the governing council; and if he has concerns for the country. their safety. [1878/04] I am confident that, when negotiations are Minister for Foreign Affairs (Mr. Cowen): Iam complete, not only will the cost of hosting the aware that the Iraqi authorities have indicated Presidency be significantly reduced but there will that members of the Mujahedin-e-Khalq are no be a framework in place which will maximise the longer welcome in their country. This exposure of Irish companies and products to a organisation is on the EU list of designated wider European and international audience. This terrorist organisations and, under the regime of can only be of benefit to the country. Prior to Saddam Hussein, is alleged to have used Iraq as entering these sponsorship agreements, all offers a base of operations from which to carry out its of sponsorship were, and continue to be, terrorist activities. presented to the interdepartmental Presidency It is not yet clear if these individuals will be planning group, under the chairmanship of my forcibly repatriated to Iran against their wishes. Department, for consideration. The US has vetoed a decision by the Iraqi Governing Council to hand over 3,800 members Middle East Peace Process. of the People’s Mojahedin to Iran. It is likely that 366. Mr. Kenny asked the Minister for Foreign many may get asylum in third countries. We will Affairs if he will indicate the view of the continue to monitor the situation closely and seek Government and of his Presidency of the to ensure the human rights of the individuals European Council on the building of a dividing involved are protected. wall by the Israeli Government on the basis of Decentralisation Programme. prevention of Palestinian terrorism; his views on the fact that such construction will exasperate the 368. Mr. R. Bruton asked the Minister for situation; the action and initiative the proposes to Foreign Affairs if assessments are underway in take both as Minister for Foreign Affairs and as his Department on the activities proposed for 455 Questions — 27 January 2004. Written Answers 456

[Mr. R. Bruton.] Measures to minimise potential risks to efficiency decentralisation; the impact on the operations of and effectiveness in the period leading up to, the Department; the risks to the organisation during and following the decentralisation to attendant on this move; the measures that will be Limerick will be planned and overseen by the put in place to minimise disruption; and if these departmental decentralisation committee. reports will be presented to him at an early date for consideration. [1976/04] Human Rights Issues. 373. Mr. Kenny asked the Minister for Foreign 369. Mr. G. Mitchell asked the Minister for Affairs if a survey of staff in his Department has Foreign Affairs if he will make a statement on been conducted to ascertain the number willing the human rights situation in Ciudad Juarez and to take part in the Government decentralisation the reports that more than 370 women have been plans; if he will detail the results of any such murdered since 1993. [2045/04] survey and the number of staff who wish to decentralise; and if he will make a statement on Minister for Foreign Affairs (Mr. Cowen): the matter. [2237/04] Amnesty International and other human rights organisations have long expressed serious Minister for Foreign Affairs (Mr. Cowen): I concern about widespread human rights abuses in propose to take Questions Nos. 368 and 373 Mexico, including disappearances, killings, together. torture by police, arbitrary detentions, death Under the Government’s recently announced threats and ill-treatment by prison and military decentralisation programme, the development co- authorities. operation directorate of the Department of While the exact number of victims is not Foreign Affairs is scheduled for decentralisation known, Amnesty International estimates 370 to Limerick. This will involve the relocation to women have been murdered in the border city of Limerick of 130 posts. Ciudad Juarez in the state of Chihuahua over the A decentralisation committee has been set up past 11 years. The Mexican Government has within the Department to liaise with the estimated the figure to be 326 while the Mexican Government decentralisation committee, to plan National Human Rights Commission’s estimate is and implement the decentralisation programme 263. In addition, there are reports of a large and to assess the impact of the move on the work number of disappearances of young women in of the Department. A number of important this region. questions relating to decentralisation remain to Ciudad Juarez is a city that experiences serious be clarified. The timing of the move will be a violence and criminality. Its proximity to the central issue, in particular. In this context we wish border with the United States and the availability to give staff as much information as possible on of work in its assembly plants attract a highly these aspects prior to asking them to indicate transient population, complicating the whether they wish to decentralise to Limerick or compilation of accurate data. It has become a to the other 52 centres. The content of the central major centre for drug trafficking and organised implementation plan report, to be prepared by crime. Motives have not been established for the implementation committee for the Cabinet many of the murders in Ciudad Juarez, although sub-committee on decentralisation by the end of some share common characteristics. The Mexican March, will be of particular relevance in this authorities estimate that approximately one third regard. I anticipate the Department of Foreign of the victims were sexually assaulted prior to Affairs will conduct a decentralisation survey their deaths, with the remaining having been shortly after the presentation of this report. The victims of intrafamilial or other violence. results of the survey will, when available, be made Mexican and international NGOs have known to the Department of Finance, unions expressed concern about the necessity to protect and staff. the women of Ciudad Juarez and to investigate The Deputy will be aware that, in addition to a the murders, stating that the authorities in passport office in Cork and a new passport facility Chihuahua and at a federal level have failed to being established in Balbriggan, this Department recognise the extent of the pattern of violence also has 67 resident diplomatic and consular against women and to implement effective missions abroad, with which Dublin-based staff policies for dealing with it. International liaise on a daily basis, by e-mail, fax and observers such as representatives of the United telephone and video conference facility. The Nations and the Inter-American Commission on decision to relocate the development co- Human Rights have also visited Chihuahua and operation directorate to Limerick does not, expressed serious concerns about the therefore, pose an insurmountable problem for investigations to date. the efficient and effective operation of the The question of the respective competencies Department in general or the directorate itself in between the federal and the local level has particular. It will pose certain managerial and complicated matters. While steps aimed at coherence challenges. I am confident that, with improving efficiency had been taken by the local careful planning, these challenges will be met. authorities, concerned observers had argued for 457 Questions — 27 January 2004. Written Answers 458 some time that there was a need for the federal Foreign Conflicts. authorities to take a greater direct role in the 370. Mr. Gormley asked the Minister for matter. Federal authorities have become more Foreign Affairs if he has received reports on the engaged in the past year, having established Israeli incursion into the city of Nablus from 26 grounds for federal intervention on the basis that December 2003 to 6 January 2004; if his attention some of the crimes may be federal offences. has been drawn to allegations of human rights The Interior Ministry announced a 40 point abuses during this incursion; if he has made or plan in June 2003 to improve public security, proposes to make representations on the matter criminal investigations, social advancement and to the Israeli authorities; and if he will make a women’s rights in Ciudad Juarez. This approach statement on the matter. [2057/04] involves various Government agencies. On 11 August 2003 the Government announced the Minister for Foreign Affairs (Mr. Cowen): Iam familiar with the report to which the Deputy creation of a joint investigating and prosecuting refers. Our diplomatic missions in Tel Aviv and agency made up of the office of the attorney Ramallah closely monitor incursions of this kind general and the Chihuahua state prosecutor’s and our opposition to such actions is well known office. to the Israeli authorities. During my recent visit The secretary general of Amnesty to Israel, I stressed to my Israeli interlocutors the International, Ms Irene Khan, visited Mexico in need to ease the living conditions of the August 2003 to present the Amnesty population of the occupied Palestinian territories International report on the Ciudad Juarez by easing restrictions and closures and by killings, and she met President Fox. President Fox avoiding incursions into Palestinian population made a commitment to ensuring that the federal centres. Government played its full role in endeavouring to put a stop to the murders and abductions. On 371. Mr. Gormley asked the Minister for 17 October 2003 he announced the appointment Foreign Affairs if he considers that the Israeli of Ms Guadalupe Morfin Otero as federal authorities should not be held responsible for the commissioner for the cases in Ciudad Juarez. Her destruction of Palestinian public infrastructure the provision of which was funded by the role involves co-ordinating the activities of the European Union; if he raised the matter during interagency committee established to facilitate an meetings with Israeli leaders in the course of his integrated approach to the full range of the recent visit to Israel; and if he will make a problems which impact negatively on women in statement on the matter. [2058/04] the state of Chihuahua. Ms Morfin has a distinguished record as a defender and promoter Minister for Foreign Affairs (Mr. Cowen): of human rights. Destruction of public or private infrastructure by Ireland and its EU partners hold regular Israeli occupation forces is to be deplored and has dialogue with Mexico on matters of mutual been the subject of statements and demarches by interest, including human rights. In November the European Union. The question of destruction 2003, the question of human rights and the of infrastructure funded by the European Union specific situation of violence against women in has been the subject of a letter from the Spanish Ciudad Juarez was raised at a meeting in Brussels Presidency to the then Israeli Foreign Minister of the EU-Mexico joint committee. The Mexican and has been raised with Israel at the EU-Israel representative acknowledged that the rule of law Association Council. The European Commission had malfunctioned over a period of time in that has reserved its position on the question of frontier area and outlined the measures being compensation for such destruction by the Israeli adopted by the Mexican federal and state authorities. The matter did not arise during my authorities to strengthen the institutions of law recent visit to Israel. and order with a view to putting an end to what he described as this “cancerous phenomenon.” Irms Trade. The Mexican National Human Rights 372. Mr. Gormley asked the Minister for Commission has welcomed not only the Foreign Affairs if he will support the formulation appointment of Ms Morfin as federal of an international arms trade treaty; and if he commissioner, but also the decision in January will take to opportunity of the Irish Presidency of 2004 by the federal attorney general to appoint a the EU to pursue this issue. [2059/04] special prosecutor to deal with those Ciudad Minister for Foreign Affairs (Mr. Cowen): Iam Juarez killings which have a federal dimension. aware of a process led by a number of non- As part of the EU’s ongoing human rights governmental organisations, including Amnesty dialogue with the Mexican authorities, earlier this International and Oxfam, aimed at the month the Irish ambassador in Mexico City development of an international arms trade arranged for Ms Morfin to meet with EU heads treaty which is intended to be a legally binding of mission. This dialogue will continue during the agreement with core principles and mechanisms remainder of the Irish Presidency and beyond. relating to international transfers of arms. While 459 Questions — 27 January 2004. Written Answers 460

[Mr. Cowen.] of participants and the allowance paid towards work on drafting the text is still ongoing, it is a the individual cost; and to state if he is committed promising initiative and I commend the NGOs to making proper provision for child care costs of concerned for their efforts. My Department will these disadvantaged participants. [1642/04] continue to be associated with the process and will closely monitor developments. 478. Mr. O’Shea asked the Minister for I support the principle of having legally binding Education and Science the proposals he has in international agreements on export controls with regard to the concerns of County Waterford as wide a participation as possible. This is Vocational Education Committee (details particularly important with respect to small arms supplied) on child care funding; and if he will and light weapons. Ireland is committed to make a statement on the matter. [1700/04] working with others to ensure the illicit 481. Ms O’Sullivan asked the Minister for trafficking of such weapons is dealt with Education and Science the extra money allocated effectively by the international community. to each VEC which has contacted his Department A welcome aspect of the draft treaty is it has with regard to shortfalls in funding for child care the objective of setting out states’ existing for persons on the vocational training international legal obligations in the area of opportunities scheme, Youthreach and senior international transfers of arms. In addition, once Traveller’s schemes; and if he will make a ratified, the draft framework treaty would enable statement on the matter. [1725/04] the international community to move forward incrementally, by means of subsequent more Minister for Education and Science (Mr. N. specific instruments. Dempsey): I propose to take Questions Nos. 374, An official of my Department participated in 430, 469, 478 and 481 together. a conference held last November at Cambridge My Department provides funding to VECs to University in England, the purpose of which was assist towards the child care expenses of to examine from a legal perspective the text of participants in VTOS, Youthreach and senior the draft treaty. The NGOs involved in the Traveller centre programmes. The financial promotion of the draft treaty will meet next provision nationally in 2002 for child care month in Costa Rica to decide on how this assistance to participants on these programme process can be further advanced. The proposed was \3,019,000. The corresponding provision for international arms trade treaty is under 2003 was \2,984,204. discussion within the EU. Discussions have taken The estimate by VECs of their needs for child place at working group level, most recently care funding in 2002 exceeded the amount earlier this month, and will continue during available. Additional funds became available Ireland’s Presidency of the EU. towards the end of 2002, which allowed the Question No. 373 answered with Question Department to allocate supplementary grants in No. 368. respect of child care assistance. Payout to VECs for 2002 was \4,736,831. In 2003, 27 VECs, Child Care Services. including those serving the City of Dublin, County Kerry and County Waterford, requested 374. Mr. Cuffe asked the Minister for special assistance by way of additional funding for Education and Science the reason for the 37% their child care services. These VECs were asked drop in the budget allocated to vocational to indicate their minimal requirements to education committees for the provision of child maintain the service. Following a review of care for persons on vocational training budgetary provision across the range of further opportunities schemes, Youthreach and senior education programmes and supports, it was found Traveller schemes. [1201/04] possible to redesignate certain elements of 430. Mr. Deenihan asked the Minister for funding to enable supplementary grants to be Education and Science if he will grant additional allocated for child care. Payout to VECs for 2003 funding to Kerry Education Services to provide was \4,821,759.00. child care for students on the vocational training The administration of grants to participants in overseas scheme programme, at the Adult VTOS, Youthreach and senior Traveller Education Centre, Moyderwell, Tralee, County programmes is a matter for individual VECs. A Kerry; and if he will make a statement on the working group comprising representatives of my matter. [1315/04] Department and the Irish Vocational Education 469. Mr. Gregory asked the Minister for Association has been established to review the Education and Science the amounts paid to VECs criteria for the allocation of grants for child care to cover child care costs for participants on for 2004 and into the future with a view to making Youthreach, VTOS and Traveller training in 2002 more efficient use of the funds available in the and 2003; the supplementary amounts paid in light of increasing demand. Grants to VECs to 2003 following the cuts of July 2003 and any assist towards child care expenses of participants shortfall involved; the individual child care costs in VTOS, Youthreach and senior Traveller 461 Questions — 27 January 2004. Written Answers 462 programmes in 2004 will be considered in the of additional institutions will be brought before light of the provision in the revised Estimates. both Houses of the Oireachtas in the near future.

Youth Services. School Curriculum. 375. Mr. Crowe asked the Minister for 378. Mr. Crowe asked the Minister for Education and Science if he will report on the Education and Science if the report of the progress of the national youth work advisory working group set up to examine all aspects of committee in finalising a proposal for North- the syllabus and examination for the Scru´ du´ le South validation of youth work training; if the hAghaidh Cailı´ochta sa Ghaelige has been proposal has been submitted to his Department; finalised and presented to his Department; and if if the proposal will be made available to the not, when he expects to receive a copy. [1076/04] public; and if he will make a statement on the 379. Mr. Crowe asked the Minister for matter. [1072/04] Education and Science if he will make publicly Minister for Education and Science (Mr. N. available the report of the working group set up Dempsey): The National Youth Work Advisory to examine all aspects of the syllabus and Committee, NYMAC, and the Youth Council for examination for the Scru´ du´ le hAghaidh Northern Ireland are in the process of finalising Cailı´ochta sa Ghaeilge. [1077/04] a joint proposal for criteria for the professional Minister for Education and Science (Mr. N. endorsement of youth work training in Ireland. Dempsey): I propose to take Questions Nos. 378 The NYWAC is seeking the views of the Higher and 379 together. Education and Training Awards Council and the I have received the report of the working group Further Education and Training Awards Council on the Scru´ du´ le hAghaidh Cailı´ochta sa on their draft proposals. When these views have Ghaeilge. The report is being considered. I intend been received, the proposal will be submitted for to publish the report shortly. my consideration. School Staffing. School Accommodation. 380. Mr. Crowe asked the Minister for 376. Mr. S. Ryan asked the Minister for Education and Science if he will establish a forum Education and Science when he proposes to on teacher supply, as promised by the previous approve the application for two additional Minister for Education and Science; and if he will prefabricated classrooms for September 2004 as make a statement on the matter. [1078/04] an interim measure in respect of St. Mologa’s national school, Bremore, Balbriggan, County Minister for Education and Science (Mr. N. Dublin; and if a six classroom extension to meet Dempsey): I have no proposals to establish a the expanding population of Balbriggan will be forum on teacher supply. The suggestion for such processed. [1073/04] a forum was made by my predecessor in the context of issues which arose in relation to the Minister for Education and Science (Mr. N. supply of suitably qualified teachers in certain Dempsey): Officials within my Department are sectors of the second level system. A detailed assessing and prioritising all applications for study of supply and demand issues in the second temporary accommodation. I intend to shortly level sector, which has been carried out by the publish details of all temporary accommodation Higher Education Authority in conjunction with projects that will proceed in 2004. My my Department, has identified a range of subject Department has not received an application from areas where supply and demand issues arise. The the management authority of St. Mologa’s outcome of this study is currently being national school for capital funding for a six considered by my Department with a view to classroom extension. determining the measures which need to be put in place to address these issues. Residential Institutions Redress Board. 377. Mr. Crowe asked the Minister for School Accommodation. Education and Science further to Parliamentary 381. Mr. Kehoe asked the Minister for Question No. 313 of 16 December 2003, when he Education and Science when a school (details expects the verification process he refers to will supplied) in County Wexford will be supplied be completed. [1075/04] with a temporary classroom taking into account the school’s contribution was made on 11 Minister for Education and Science (Mr. N. September 2003; and if he will make a statement Dempsey): Officials from my Department are in on the matter. [1079/04] constant contact with other relevant Departments that may have provided a regulatory function in Minister for Education and Science (Mr. N. the operation of these facilities in order to Dempsey): Officials within my Department are ascertain whether these additional institutions are currently assessing and prioritising all eligible for inclusion. It is my intention that a list applications for temporary accommodation. I 463 Questions — 27 January 2004. Written Answers 464

[Mr. N. Dempsey.] the redress board and its remit. In this regard, intend to shortly publish details of all temporary the board commenced an advertising campaign in accommodation projects that will proceed in Ireland in December 2002 and the board has 2004. indicated that a targeted advertisement campaign in the United Kingdom will commence in early Schools Building Projects. 2004. In addition, the Government, in devising its 382. Mr. Naughten asked the Minister for policies in the redress area, was conscious that a Education and Science if he will approve funding significant number of former residents of to the Abbey Boys national school, Roscommon institutions had emigrated to the United town; the total cost of the extension; if he will Kingdom particularly in the late 1940s, 1950s and include the school on the contingency list; and if 1960s. Five outreach officers were appointed to he will make a statement on the matter. existing Irish centres in the UK to apprise and [1106/04] advise former residents that reside in the UK of Minister for Education and Science (Mr. N. developments regarding the Commission to Dempsey): When publishing the 2004 school Inquire into Child Abuse and the Residential building programme, I outlined that my strategy Institutions Redress Board as well as other going forward will be grounded in capital relevant matters. The outreach services are investment based on multiannual allocations. My funded by my Department and continue to officials are reviewing all projects that were not operate and provide appropriate advice. Funding authorised to proceed to construction as part of for a post of development worker to co-ordinate the 2004 school building programme with a view and develop the outreach service has also been to including them as part of a multiannual school provided. building programme from 2005 and I expect to make further announcements on this matter Schools Building Projects. during the year. The Abbey Boys national school 384. Ms Lynch asked the Minister for project will be considered in this regard. Education and Science when work will commence on the extension at Riverstown Residential Institutions Redress Board. national school, Glanmire, Cork; and if he will 383. Mr. Crowe asked the Minister for make a statement on the matter. [1127/04] Education and Science if he has received Minister for Education and Science (Mr. N. correspondence from the London Irish Women Dempsey): The proposed large scale building Survivors Group regarding the functioning of the project for Riverstown national school is listed in redress board and the work of his Department in section 8 of the 2004 school building programme, raising awareness of the functions and which is published on my Department’s website responsibilities of the redress board; and if he will at www.education.ie. This proposed project is at make a statement on the matter. [1109/04] stage 3 — developed sketch scheme — of Minister for Education and Science (Mr. N. architectural planning. It has been assigned a Dempsey): The group has raised two issues band 2 rating by my Department in accordance regarding the redress scheme to which a reply has with the published criteria for prioritising large issued. The first of these issues is a request that scale projects. The proposed project will be additional institutions be added to the Schedule authorised to progress to advanced architectural to the Residential Institutions Redress Act 2002. planning during 2004. Indicative timescales have A total of 128 institutions are listed on the been included for large scale projects proceeding Schedule to the Act. Section 4 enables additional to tender in 2004. The budget announcement institutions that are identified as reformatory regarding multiannual capital envelopes will schools, industrial schools, orphanages, children’s enable me to adopt a multiannual framework for homes and special schools, in respect of which a the school building programme, which, in turn, public body had a regulatory or inspection will give greater clarity regarding projects that are function, to be added to the Schedule. It is my not progressing in this year’s programme. I will intention that a list of additional institutions will make a further announcement in that regard be brought before both Houses of the Oireachtas during the year. as soon as the verification process is completed. 385. Mr. Howlin asked the Minister for The second issue relates to the groups who Education and Science the position regarding the wish that full information on the operation of the building project for Bridgetown Vocational redress board be made available to all former College, County Wexford; and if he will make a residents. Section 5 (b) of the Act provides that statement on the matter. [1131/04] the board shall make all reasonable efforts, through public advertisement, direct Minister for Education and Science (Mr. N. correspondence with persons who were residents Dempsey): The proposed large-scale building of an institution, and otherwise, to ensure persons project for Bridgetown Vocational School is who were residents of an institution are aware of listed in section 8 of the 2004 school building 465 Questions — 27 January 2004. Written Answers 466 programme which is published on my were received. Priority was given to cases Department’s website at www.education.ie. This involving children starting school last September proposed project is at an advanced stage of and all these cases were responded to at or before architectural planning, i.e. bill of quantities. It has the commencement of the current school year. been assigned a ’band 2’ rating by my The balance of more than 4,000 applications Department in accordance with the published has been reviewed by a dedicated team criteria for prioritising large-scale projects. comprising members of my Department’s Indicative timescales have been included in the inspectorate and the National Educational school building programme for large-scale Psychological Service, NEPS. These applications projects proceeding to tender in 2004. The budget are being further considered in the context of the announcement regarding multi-annual capital outcome of surveys of SER provision conducted envelopes will enable me to adopt a multi-annual over the past year or so. Account is also being framework for the school building programme taken of the data submitted by schools as part of which in turn will give greater clarity regarding the recent nationwide census of SER provision. projects that are not progressing in this year’s The processing of the applications is a complex programme. and time-consuming operation. However, my I will make a further announcement in that Department is endeavouring to have this regard during the year. completed as quickly as possible and my officials will then respond to all applicant schools. Teaching Qualifications. Pending a response, schools are advised to refer 386. Mr. Carey asked the Minister for to Circular 24/03, which issued in September, Education and Science if he will examine the 2003. This circular contains practical advice on qualifications of a person (details supplied) with how to achieve the most effective deployment of a view to establishing their eligibility to teach at resources already allocated for special second level as a PE teacher; and if he will make educational needs within the school. a statement on the matter. [1134/04] 388. Mr. G. Mitchell asked the Minister for Minister for Education and Science (Mr. N. Education and Science if he will sanction an Dempsey): The qualifications held by the person application to set up a CABAS school in south in question have already been assessed by my Dublin to cater for children with autism (details Department for the purposes of teaching physical supplied). [1136/04] education at second level and were found to be 416. Ms O. Mitchell asked the Minister for unsuitable. This decision was conveyed to the Education and Science if a response to the person’s employer, City of Dublin VEC, in July request for funding for a CABAS school in 2002. Shankill to cater for south side children will be expedited. [1247/04] Special Educational Needs. 387. Cecilia Keaveney asked the Minister for 422. Mr. Gilmore asked the Minister for Education and Science the position regarding the Education and Science if he will provide the provision of a classroom assistant for a person funding necessary to establish a CABAS school (details supplied) in County Donegal; and if he in south Dublin for children who are affected by will make a statement on the matter. [1135/04] autism; and if he will make a statement on the matter. [1307/04] 494. Cecilia Keaveney asked the Minister for Education and Science the reason three autistic 447. Mr. Quinn asked the Minister for children (details supplied) in County Donegal Education and Science if his Department has were left without special needs assistants since received an application from a group of parents September 2003; and if he will make a statement that wish to establish a CABAS school in on the matter. [1748/04] Shankill, County Dublin, to cater for children with special educational needs; if the application Minister for Education and Science (Mr. N. is being examined, researched and worked on; if Dempsey): I propose to take Questions Nos. 387 his Department regards the operation of similar and 494 together. schools in Cork, Dublin — Kilbarrack — and I can confirm that my Department has received Drogheda as successful; if, on the basis of that applications for special educational needs experience and the details of the parents’ supports, SEN, from the school, including the submission, he will make the funds available for applications for the pupils referred to by the those children and their parents who wish to have Deputy. The school currently has the services of such a school established in the south Dublin 18 full-time special needs assistants, SNA, one area; and if he will make a statement on the part-time SNA and one job-sharing SNA post. matter. [1416/04] SER applications received between 15 February and 31 August 2003, including the one 500. Mr. Andrews asked the Minister for made by this school, are being considered at Education and Science if he will support the present. In all, more than 5,000 such applications provision of a school in south Dublin for autistic 467 Questions — 27 January 2004. Written Answers 468

[Mr. Andrews.] learning the Irish language; and if he will make a children; and if he will make a statement on the statement on the matter. [1232/04] matter. [1788/04] Minister for Education and Science (Mr. N. 525. Mr. J. Higgins asked the Minister for Dempsey): I propose to take Questions Nos. 389 Education and Science if his Department will and 411 together. immediately sanction the expansion of a school I established a working group to review all (details supplied) in County Kildare to provide an aspects of the syllabus and examination for the appropriate educational environment for autistic scru´ du´ le haghaidh ca´ilı´ochta sa Ghaeilge in 2001. children on waiting lists. [1961/04] The report of the working group was recently 532. Mr. Timmins asked the Minister for submitted to me. Issues dealt with in the report Education and Science the position in relation to include the content and format of the an application from CABAS in south Dublin; examination modules, the standard of the when sanction will be given; and if he will make examinations and the period of provisional a statement on the matter. [2051/04] recognition granted to applicants within which they are expected to pass the SCG. The report 577. Ms O. Mitchell asked the Minister for is currently under consideration and decisions in Education and Science if he will give an early and relation to the recommendations contained in it positive response to the request for funding for a will be taken in due course. CABAS school to cater for children in south The review group has drafted an interim County Dublin. [2247/04] syllabus. The redrafted syllabus was circulated to all schools in December 2002 and the SCG Minister for Education and Science (Mr. N. examinations held on 29, 30 and 31 October 2003 Dempsey): I propose to take Questions Nos. 388, were the first series of SCG examinations to be 416, 422, 447, 500, 525, 532 and 577 together. based on this syllabus. I am most anxious that all children, including The review group has also drafted a handbook children with autistic spectrum disorders, receive for the examination. The handbook will contain education appropriate to their needs. My detailed information on the SCG and will provide Department is actively considering applications answers to a wide range of questions raised by from CABAS, Dublin and Saplings, Kildare, for candidates. It is also planned to produce a autistic provision in south County Dublin. My textbook of relevant prose and poetry for future officials are liaising with my Department’s examinations. inspectorate and the national educational Courses of study aimed specifically at psychological service in this regard. A response candidates for the SCG examination are run by a will issue to the applicants as quickly as possible. number of education centres throughout the Teaching Qualifications. country. The level at which courses are provided is dependent on the demand. Copies of past 389. Ms O. Mitchell asked the Minister for examination papers, including tapes of the aural Education and Science if he will review the SCG examinations, are available on request from exam to ensure that it is of a realistic standard, is primary administration section 1 of my based on Irish which is actually required in the Department in Athlone. In addition, the interim primary classroom and that a clear syllabus is syllabus for the SCG examinations which was provided for those who have to undertake the circulated to all schools in December, 2002 exam. [1137/04] included a reading list of prose and poetry to be 411. Mr. Penrose asked the Minister for studied for the examinations. Education and Science the position regarding teachers who were trained outside the Republic Schools Building Projects. of Ireland that apply for recognition from his 390. Mr. G. Mitchell asked the Minister for Department and are then granted a five year Education and Science the time-scale for the temporary status, within which time they are building of a school (details supplied) in Dublin required to successfully pass the SCG exams; if in 8; and if he will make a statement on the this context his attention has been drawn to the matter. [1138/04] difficulties and problems that such teachers encounter, in particular where no courses or Minister for Education and Science (Mr. N. classes are provided by his Department to cater Dempsey): The large-scale building project for for people who have no Irish language knowledge the school referred to by the Deputy is listed in and no clear syllabus is set out for such teachers section 8 of the 2004 school building programme to follow when studying for exams and therefor which is published on my Department’s website if in view of same a clear syllabus would be at www.education.ie. This project has been developed which teachers could follow when assigned a band 2 rating by my Department in studying for the exam and if courses could be accordance with the published criteria for provided which would cater for beginners prioritising large-scale projects. It will be 469 Questions — 27 January 2004. Written Answers 470 authorised to progress to advanced architectural Minister for Education and Science (Mr. N. planning during 2004. Dempsey): I propose to take Questions Nos. 392 The budget announcement regarding multi- and 444 together. annual capital envelopes will enable me to adopt The area referred to by the Deputy is currently a multi-annual framework for the school building served by two visiting teachers who cover the programme which in turn will give greater clarity Galway-Mayo region, one of whom operates in a regarding projects that are not progressing in this temporary capacity. year’s programme. I will make a further It is expected that this post will be vacated in announcement in that regard during the year. the near future. The vacancy, when confirmed, will initially be offered to visiting teachers from 391. Mr. F. McGrath asked the Minister for other areas who may wish to transfer to the Education and Science the position in regard to Galway-Mayo region. If no other visiting teacher funding for building improvements at Howth expresses an interest in the position, it will then Road national school, Clontarf Dublin 3 and the be advertised nationally. need to ensure that they get the maximum assistance in 2004 for further improvement. School Placement. [1139/04] 393. Mr. F. McGrath asked the Minister for Education and Science if he will work closely with Minister for Education and Science (Mr. N. the parents and school of a pupil (details Dempsey): A large-scale building project for supplied) to ensure that he gets a place in Howth Road mixed national school is listed in September 2004. [1141/04] section 9 of the 2004 school building programme Minister for Education and Science (Mr. N. which is published on my Department’s website Dempsey): An official from my Department has at www.education.ie. This project is at early been in contact with the parents of the child stages of architectural planning. It has been referred to by the Deputy and has advised them assigned a band 3 rating by my Department in on their rights under section 29 of the Education accordance with the published criteria for Act 1998 to appeal a refusal to enrol. prioritising large-scale projects. Section 29 of the Education Act 1998 provides My Department will be holding consultations for an appeal by a parent or guardian to the with the education partners early in 2004 in Secretary General of my Department where a relation to the prioritisation criteria to ensure board of management of a school or a person that the have the optimum precision and are fully acting on behalf of the board refuses to enrol a tuned to meeting the priority accommodation student in the school. The Education (Welfare) needs of the primary and post-primary sectors. Act 2000 established the National Educational The budget announcement regarding multi- Welfare Board as the single national agency with annual capital envelopes will enable me to adopt responsibility for school attendance. The a multi-annual framework for the school building principal function of the board is to ensure that programme which in turn will give greater clarity every child in the State attends a recognised regarding projects that are not progressing in this school or otherwise receives an appropriate year’s programme. I will make a further minimum education. The parents of the child in announcement in that regard during the year. question have been advised to contact the board to obtain its advice and assistance in securing a The Deputy will also note that I have put in place for their child. place a new devolved summer works scheme. This caters for necessary small scale works that Schools Recognition. can be planned and delivered during the summer holidays. The 2004 programme will be updated in 394. Dr. Upton asked the Minister for early spring to provide details of approved Education and Science , further to his reply to projects under the scheme. Parliamentary Question No. 176 of 10 December, if Irish students who wish to further their ballet studies will be entitled to grants or fees if they School Staffing. pursue their studies in colleges in the United 392. Dr. Cowley asked the Minister for Kingdom, due to the fact that no such facilities Education and Science when a position for a are on offer here. [1142/04] visiting teacher for the visually impaired for 398. Mr. Deenihan asked the Minister for schools in County Mayo will be advertised; and if Education and Science if he will approve the he will make a statement on the matter. colleges and institutions (details supplied) for [1140/04] grant assistance to allow Irish students of dance 444. Mr. Ring asked the Minister for Education to train abroad; and if he will make a statement and Science when the post of visiting teacher for on the matter. [1176/04] the visually impaired for County Mayo will be 401. Dr. Upton asked the Minister for advertised and filled. [1409/04] Education and Science further to Parliamentary 471 Questions — 27 January 2004. Written Answers 472

[Dr. Upton.] assigned a band 2 rating by my Department in Question No. 176 of 10 December 2003, if Irish accordance with the published criteria for students who wish to further their ballet studies prioritising large-scale projects. It will be will be entitled to grants or fees if they pursue authorised to progress to advanced architectural their studies in colleges in the United planning during 2004. Kingdom. [1207/04] The budget announcement regarding multi- Minister for Education and Science (Mr. N. annual capital envelopes will enable me to adopt Dempsey): I propose to take Questions Nos. 394, a multi-annual framework for the school building 398 and 401 together. programme which in turn will give greater clarity In relation to support available for students regarding projects that are not progressing in this studying abroad, my Department’s student year’s programme. I will make a further maintenance grant schemes provide maintenance announcement in that regard during the year. grants to undergraduate students pursuing approved third level courses in other EU Departmental Properties. member states. 396. Mr. O’Connor asked the Minister for In general, an approved undergraduate course Education and Science if his Department has in this context is defined as a full-time completed consideration of the issue of lands at undergraduate course of not less than two years Kingswood Heights which are in the duration pursued in a university or third level Department’s ownership and remain unused; will institution, which is maintained or assisted by he confirm any plans for the use or disposal of recurrent grants from public funds in another EU these lands; and if he will make a statement on member state, with the exception of the the matter. [1145/04] following: courses in colleges of further and higher education, other than courses which are at Minister for Education and Science (Mr. N. higher national diploma level or higher; courses Dempsey): A number of proposals concerning provided in a college which are offered in private the future use of lands at Kingswood Heights are commercial third level colleges in the state and being considered within my Department. which are validated by that college and; courses However, no final decision has been taken in in colleges akin to private commercial colleges this matter. in Ireland. Where a grant application is made in respect of School Staffing. a course being pursued in a third level institution 397. Mr. N. O’Keeffe asked the Minister for abroad, such as a dance or ballet school, it is a Education and Science when an application for a matter for the awarding body, such as a local resource teacher by a school (details supplied) in authority or VEC, to satisfy itself regarding the County Cork will be approved. [1174/04] status of the institution and as to whether the course and institution meet the terms of the Minister for Education and Science (Mr. N. relevant scheme. There are no plans, at present, Dempsey): The school referred to by the Deputy to expand the provisions in the grant schemes in currently has the services of a full-time and part- relation to study abroad. time resource teacher together with a shared In relation to tuition fees, there is provision for learning support teacher. My Department has tax relief at the standard rate in respect of received a further application for special approved courses at approved colleges of higher educational resources, SER, from this school. education, including approved undergraduate SER applications received between 15 February and postgraduate courses in other EU member and 31 August 2003, including the one made by states. Further details and conditions in relation this school, are being considered at present. In all, to this relief are available from the Revenue more than 5,000 such applications were received. Commissioners. Priority was given to cases involving children starting school last September and all these cases Schools Building Projects. were responded to at or before the commencement of the current school year. 395. Ms Enright asked the Minister for The balance of more than 4,000 applications Education and Science the position regarding has been reviewed by a dedicated team funding for a new school at Coralstown national comprising members of my Department’s school, Mullingar; the possible starting date for inspectorate and the national educational this important school project; and if he will make psychological service. These applications are a statement on the matter. [1143/04] being further considered in the context of the Minister for Education and Science (Mr. N. outcome of surveys of SER provision conducted Dempsey): The large-scale building project for over the past year or so. Account is also being the school referred to by the Deputy is listed in taken of the data submitted by schools as part of section 8 of the 2004 school building programme the recent nationwide census of SER provision. which is published on my Department’s website The processing of the applications is a complex at www.education.ie. This project has been and time-consuming operation. However, my 473 Questions — 27 January 2004. Written Answers 474

Department is endeavouring to have this Education and Science to report on his completed as quickly as possible and my officials Department’s activities in respect of Ireland’s EU will then respond to all applicant schools. Presidency; if he will outline his plans for the next Pending a response, schools are advised to refer few months; and if he will make a statement on to Circular 24/03, which issued in September, the matter. [1214/04] 2003. This circular contains practical advice on Minister for Education and Science (Mr. N. how to achieve the most effective deployment of Dempsey): The Department of Education and resources already allocated for SEN within the Science will host a number of ministerial level school. and official level meetings in Ireland during the Question No. 398 answered with Question Presidency. The first of these, the European No. 394. launch of the European Year of Education Through Sport 2004 will take place in Dublin on Schools Building Projects. 29/30 January. A brochure containing information on the education and youth 399. Mr. Deenihan asked the Minister for Presidency programme has been lodged with the Education and Science the timescale for the Oireachtas Library for the information of all building of an extension to Curranes national Members. school, Castleisland, County Kerry; and if work will commence on this in 2004; and if he will make Schools Building Projects. a statement on the matter. [1177/04] 403. Mr. O’Connor asked the Minister for Minister for Education and Science (Mr. N. Education and Science the status of the school Dempsey): I am pleased to inform the Deputy building project at St. Kevin’s girls’ school, that the proposed large-scale building project at Kilnamanagh, Tallaght, Dublin 24; if his attention Curranes national school is listed in section 1 of has been drawn to the anxiety of the local the 2004 school building programme which is community that this important project be published on my Department’s website at progressed to construction; and if he will make a www.education.ie. Projects listed in section 1 will statement on the matter. [1223/04] proceed to tender and construction in 2004. The indicative timescale to tender for Curranes Minister for Education and Science (Mr. N. national school is the second quarter of 2004. Dempsey): A proposed large-scale building project for St. Kevin’s girls’ school is listed in Special Educational Needs. section 9 of the 2004 school building programme which is published on my Department’s website 400. Mr. F. McGrath asked the Minister for at www.education.ie. This proposed project is at Education and Science the position regarding the early stages of architectural planning. It has been Drogheda CABAS, applied behaviour analysis assigned a band 3 rating by my Department in for autistic children, school, to ensure that it accordance with the published criteria for remains open as a valuable school, and to give prioritising large-scale projects. it the maximum support and assistance in 2004 My Department will be holding consultations (details supplied). [1178/04] with the education partners early in 2004 in Minister for Education and Science (Mr. N. relation to the prioritisation criteria to ensure Dempsey): I would like to assure the Deputy that that the have the optimum precision and are fully my Department intends to take a measured tuned to meeting the priority accommodation approach to considering the future of the three needs of the primary and post-primary sectors. CABAS facilities in Dublin, Cork and Drogheda. The budget announcement regarding multi- My approach will be to ensure continuity of annual capital envelopes will enable me to adopt provision for the pupils in question. My a multi-annual framework for the school building Department appreciates the concerns of parents programme which in turn will give greater clarity for greater certainty and in this regard, I wish to regarding projects that are not progressing in this confirm that my Department is prepared to year’s programme. I will make a further continue to provide funding for three CABAS announcement in that regard during the year. facilities for the next school year 2004-05. The Deputy will also note that I have put in My Department will in due course consider the place a new devolved summer works scheme. reports of the inspectorate on autism specific This caters for necessary small scale works that provisions and any issues arising therefrom will can be planned and delivered during the summer be raised directly with the relevant managements. holidays. The 2004 programme will be updated in early spring to provide details of approved Question No. 401 answered with Question projects under the scheme. No. 394. 404. Mr. O’Connor asked the Minister for Education and Science the status of the school EU Presidency. building project at St. Aongus school, Balrothery, 402. Mr. O’Connor asked the Minister for Dublin 24; if his attention has been drawn to the 475 Questions — 27 January 2004. Written Answers 476

[Mr. O’Connor.] 406. Mr. O’Connor asked the Minister for anxiety of the local community that this Education and Science to give an update on the important project be progressed to construction; status of the school building project at scoil and if he will make a statement on the matter. Santa´in, Tallaght, Dublin 24; if his attention has [1224/04] been drawn to the anxiety of the local community that this important project be progressed to Minister for Education and Science (Mr. N. construction; and if he will make a statement on Dempsey): A large-scale building project for St. the matter. [1226/04] Aongus’ national school is listed in section 9 of the 2004 school building programme which is Minister for Education and Science (Mr. N. published on my Department’s website at Dempsey): The large-scale building project for www.education.ie. This project is at early stages the scoil Santa´in is listed in section 8 of the 2004 of architectural planning. It has been assigned a school building programme which is published on band 3 rating by my Department in accordance my Department’s website at www.education.ie.It with the published criteria for prioritising large- is at early stages of architectural planning. scale projects. It has been assigned a band 2 rating by my My Department will be holding consultations Department in accordance with the published with the education partners early in 2004 in criteria for prioritising large-scale projects and relation to the prioritisation criteria to ensure will be authorised to progress to advanced that the have the optimum precision and are fully architectural planning during 2004. Indicative tuned to meeting the priority accommodation timescales have been included for large-scale needs of the primary and post-primary sectors. projects proceeding in 2004. The budget announcement regarding multi- The budget announcement regarding multi- annual capital envelopes will enable me to adopt annual capital envelopes will enable me to adopt a multi-annual framework for the school building a multi-annual framework for the school building programme which in turn will give greater clarity programme which in turn will give greater clarity regarding projects that are not progressing in this regarding projects that are not progressing in this year’s programme. I will make a further year’s programme. I will make a further announcement in that regard during the year. announcement in that regard during the year. The Deputy will also note that I have put in The Deputy will note that I have put in place place a new devolved summer works scheme. a new devolved summer works scheme. This This caters for necessary small scale works that caters for necessary small-scale works that can be can be planned and delivered during the summer holidays. The 2004 programme will be updated in planned and delivered during the summer early spring to provide details of approved holidays. The 2004 programme will be updated in projects under the scheme. early spring to provide details of projects approved under this scheme. 405. Mr. O’Connor asked the Minister for Education and Science the status of the school 407. Mr. O’Connor asked the Minister for building project at Knockmore national school, Education and Science the status of the school Killinarden Parish, Tallaght, Dublin 24; if his building project at St. Aidan’s school, Brookfield, attention has been drawn to the anxiety of the Tallaght, Dublin 24; if his attention has been local community that this important project be drawn to the anxiety of the local community that progressed to construction; and if he will make a this important project be progressed to statement on the matter. [1225/04] construction; and if he will make a statement on the matter. [1227/04] Minister for Education and Science (Mr. N. Dempsey): The proposed building project for Minister for Education and Science (Mr. N. Knockmore national school, Tallaght, is listed in Dempsey): A proposed large scale-building section 9 of the 2004 school building programme, project for St. Aidan’s national school is listed in which is published on my Department’s website section 9 of the 2004 school building programme at www.education.ie. This proposed project is at which is published on my Department’s website stage 3 of the architectural planning process. It at www.education.ie. This proposed project is at has been assigned a band 3 rating by my early stages of architectural planning. It has been Department in accordance with published criteria assigned a band 3 rating by my Department in for prioritising large-scale projects. accordance with the published criteria for The budget announcement regarding multi- prioritising large-scale projects. annual capital envelopes will enable me to adopt My Department will be holding consultations a multi-annual framework for the school building with the education partners early in 2004 in programme which in turn will give greater clarity relation to the prioritisation criteria to ensure regarding projects that are not progressing in this that the have the optimum precision and are fully year’s programme. I will make a further tuned to meeting the priority accommodation announcement in that regard during the year. needs of the primary and post-primary sectors. 477 Questions — 27 January 2004. Written Answers 478

The budget announcement regarding multi- community school will be proceeding to annual capital envelopes will enable me to adopt construction as part of the 2004 school building a multi-annual framework for the school building programme. This is one of a number of projects programme which in turn will give greater clarity that are included in the programme as part of a regarding projects that are not progressing in this joint initiative to develop community sports year’s programme. I will make a further facilities in drugs task force areas. My announcement in that regard during the year. Department will be in contact with the school The Deputy will also note that I have put in shortly regarding the commencement of the place a new devolved summer works scheme. tendering process for the project. This caters for necessary small scale works that 410. Mr. O’Connor asked the Minister for can be planned and delivered during the summer Education and Science the status of the school holidays. The 2004 programme will be updated in building project at St. Kevin’s boys’ school, early spring to provide details of projects Kilnamanagh, Tallaght, Dublin 24; if his attention approved under the scheme. has been drawn to the anxiety of the local 408. Mr. O’Connor asked the Minister for community that this important project be Education and Science the status of the school progressed to construction; and if he will make a building project at Ballycragh national school, statement on the matter. [1231/04] Tallaght, Dublin 24; if his attention has been drawn to the anxiety of the local community that Minister for Education and Science (Mr. N. this important project be progressed to Dempsey): A proposed large scale project for St. construction; and if he will make a statement on Kevin’s boys’ national school is listed in section 9 the matter. [1228/04] of the 2004 school building programme which is published on my Department’s website at Minister for Education and Science (Mr. N. www.education.ie. This proposed project is at Dempsey): The large-scale building project for early stages of architectural planning. It has been Ballycragh national school is listed in section 9 assigned a band 3 rating by my Department in of the 2004 school building programme which is accordance with the published criteria for published on my Department’s website at prioritising large-scale projects. www.education.ie. This project is at early stages My Department will be holding consultations of architectural planning. It has been assigned a with the education partners early in 2004 in band 2 rating by my Department in accordance relation to the prioritisation criteria to ensure with the published criteria for prioritising large- that the have the optimum precision and are fully scale projects. It will be authorised to progress to tuned to meeting the priority accommodation the next stage of architectural planning during needs of the primary and post-primary sectors. 2004. The budget announcement regarding multi- The budget announcement regarding multi- annual capital envelopes will enable me to adopt annual capital envelopes will enable me to adopt a multi-annual framework for the school building a multi-annual framework for the school building programme which in turn will give greater clarity programme which in turn will give greater clarity regarding projects that are not progressing in this regarding projects that are not progressing in this year’s programme. I will make a further year’s programme. I will make a further announcement in that regard during the year. announcement in that regard during the year. The Deputy will also note that I have put in The Deputy will also note that I have put in place a new devolved summer works scheme. place a new devolved summer works scheme. This caters for necessary small scale works that This caters for necessary small scale works that can be planned and delivered during the summer can be planned and delivered during the summer holidays. The 2004 programme will be updated in holidays. The 2004 programme will be updated in early spring to provide details of projects early spring to provide details of projects approved under the scheme. approved under this scheme. Question No. 411 answered with Question 409. Mr. O’Connor asked the Minister for No. 389. Education and Science the status of the school building project at Killinarden community school, Special Educational Needs. Tallaght, Dublin 24; if his attention has been 412. Mr. F. McGrath asked the Minister for drawn to the anxiety of the local community that Education and Science if he will give Scoil this important project be progressed to Mhuire primary school, Griffith Avenue, Dublin construction; and if he will make a statement on 9, the maximum support and assistance in the matter. [1229/04] 2004. [1242/04] Minister for Education and Science (Mr. N. Minister for Education and Science (Mr. N. Dempsey): I am pleased to inform the Deputy Dempsey): Any application for special that the project to provide ancillary educational needs, SEN, supports received in my accommodation for the sports hall at Killinarden Department will be considered in the context of 479 Questions — 27 January 2004. Written Answers 480

[Mr. N. Dempsey.] 417. Ms O. Mitchell asked the Minister for the criteria outlined in the relevant Department Education and Science if his attention has been circulars and the existing level of SEN resources drawn to the fact that parents of children already available in the school. attending CABAS schools must now begin to 413. Mr. F. McGrath asked the Minister for make plans for September if the decision on the Education and Science if he will give maximum pilot schemes is not favourable; if the uncertainty support and assistance to St. Malachi’s primary created by the reply in the current school year is school, Edenmore, Dublin 5, in 2004. [1243/04] causing huge stress; and if he would aim for an early decision and indicate when that might Minister for Education and Science (Mr. N. be. [1248/04] Dempsey): Any application for special educational needs, SEN, supports received in my Minister for Education and Science (Mr. N. Department will be considered in the context of Dempsey): My Department intends to take a the criteria outlined in the relevant Department measured approach to considering the future of circulars and the existing level of SEN resources the three CABAS facilities in Dublin, Cork and already available in the school. Drogheda. My approach will be to ensure continuity of provision for the pupils in question. 414. Mr. F. McGrath asked the Minister for My Department appreciates the concerns of Education and Science the current position parents for greater certainty and in this regard, I regarding back-up services for children with wish to confirm that my Department is prepared disabilities at St. Fiachra’s junior school, to continue to provide funding for three CABAS Beaumont, Dublin 9; and if he will give the facilities for the next school year 2004/2005. maximum support and assistance in 2004. I hope this clarification will ease parents’ [1244/04] concerns. My Department will in due course consider the reports of the Inspectorate on autism Minister for Education and Science (Mr. N. specific provisions and any issues arising Dempsey): I understand that the Deputy’s therefrom will be raised directly with the question relates to an application for special relevant managements. needs assistant support for a junior infant pupil attending St. Fiachra’s junior school, Beaumont, 418. Mr. Howlin asked the Minister for Dublin 9. My officials will contact the school in Education and Science if additional learning question concerning the matter. support can be provided for Barntown and Glynn Any application for special educational needs, national schools, County Wexford, where overall SEN, supports received in my Department will be enrolment has increased by 40% since 1993 when considered in the context of the criteria outlined they were allocated the services of a learning in the relevant Department circulars and the support teacher on a shared basis; and if he will existing level of SEN resources available in the make a statement on the matter. [1249/04] school. Minister for Education and Science (Mr. N. 415. Mr. F. McGrath asked the Minister for Dempsey): The schools referred to by the Deputy Education and Science if he will give the currently have the services of a full-time shared maximum support and assistance to Virgin learning support teacher. The number of learning Mary’s boys’ school, Ballymun, Dublin 9, in support teachers now stands at 1,531, enabling a 2004. [1245/04] learning support service to be accessed by every primary school pupil in the country. While it is Minister for Education and Science (Mr. N. not my intention to allocate further such posts at Dempsey): Two large-scale projects have recently this time, my Department will continue to review been completed at Virgin Mary’s boys’ and girls’ the allocation of resources for special needs. schools, Ballymun. Grant aid in the amount of \1,019,561 was sanctioned in 2002 for the works, 419. Mr. Stagg asked the Minister for which included mechanical and electrical Education and Science if he will give a upgrades and refurbishment of both school commitment that the evaluation of the CABAS buildings. facilities for teaching autistic children currently If additional works are required in the school, being carried out by his Department’s the Deputy will note that I have put in place a inspectorate will be concluded at an early date; new devolved summer works scheme. This caters and if he will make a statement on the matter. for necessary small scale works that can be [1254/04] planned and delivered during the summer holidays. The 2004 programme will be updated in Minister for Education and Science (Mr. N. early spring to provide details of approved Dempsey): I would like to assure the Deputy that projects under the scheme. my Department intends to take a measured approach to considering the future of the three Question No. 416 answered with Question CABAS facilities in Dublin, Cork and Drogheda. No. 388. My approach will be to ensure continuity of 481 Questions — 27 January 2004. Written Answers 482 provision for the pupils in question. My would be made for the payment to them of the Department appreciates the concerns of parents appropriate allowance, this has not happened for greater certainty and in this regard, I wish to despite his answer 12 months ago. [1306/04] confirm that my Department is prepared to Minister for Education and Science (Mr. N. continue to provide funding for three CABAS Dempsey): While the matters in question took facilities for the next school year 2004/2005. longer than originally anticipated to resolve, I can I hope this clarification will ease parents’ assure the Deputy that my Department’s concerns. My Department will in due course consideration of these matters is now nearing consider the reports of the Inspectorate on autism completion. I expect that a decision on the levels specific provisions and any issues arising at which the qualification allowances in question therefrom will be raised directly with the are awarded will be made in the very near future. relevant managements. I will advise the Deputy of the outcome at that time. Standardised School Year. 420. Mr. Naughten asked the Minister for Question No. 422 answered with Question Education and Science further to Parliamentary No. 388. Question No. 182 of 17 December 2003 the cost savings of the standardised school year; if this Schools Building Projects. forms part of the review; and if he will make a 423. Mr. Deenihan asked the Minister for statement on the matter. [1264/04] Education and Science his position regarding the Minister for Education and Science (Mr. N. provision of an extension to Kilconley national Dempsey): The review relates to the school school, Ballybunion, County Kerry; and if he will transport scheme. While the specific issue relating make a statement on the matter. [1308/04] to the standardised school year is not part of that Minister for Education and Science (Mr. N. review, expenditure under the terms of the Dempsey): My Department has received an scheme is constantly monitored to ensure that the application for improved accommodation at most efficient and cost effective service is Kilconley national school, Ballybunion, County provided including the co-ordination of school Kerry. transport services as appropriate. Progress on this application will depend on the The main objective of the commitment to development plan for the north Kerry area standardise the mid-term breaks and holiday resulting from the new model for school planning, periods at Christmas and Easter as provided by which I announced earlier this year. The new Sustaining Progress is to provide certainty to school planning model will be piloted in five families on school closure times. areas, one of which includes Ballybunion, over Prior to the introduction of the agreed the remainder of the school year, with arrangements for the school year 2003-04 schools development plans being drawn up for these were free to decide on holiday periods and mid- areas. My main objective is to ensure that all term breaks on an individual basis. This led to relevant parties have a say and that the process is variation in the closure times of schools, which open and public. caused problems to parents with children The Commission on School Accommodation attending different schools. I am satisfied that the will conduct the public engagement and all new arrangements provide real benefits to submissions made to the commission by parents. interested parties will be published. The commission will then draw up a draft Teaching Qualifications. development plan for the area, against which, 421. Mr. Allen asked the Minister for following acceptance by the Minister, the Education and Science the reason his planning and building unit will assess all Department is now refusing to give the honours applications for capital investment. allowance to those teachers who have been A decision on the application from Kilconley teaching art for some considerable time and who national school will be made in the context of the completed a course in the National College of Art development plan for the north Kerry area. and Design organised by his Department in The provision of essential mainstream conjunction with the National University of classroom accommodation, over and above the Ireland and received a diploma in art teaching at current complement of mainstream permanent honours level; the reason, despite saying in his classrooms, takes priority in the publication of response dated 29 January 2003, that the matter the 2004 school building programme. All projects of the appropriate level of qualification allowance that are not going to construction as part of the to be paid to teachers who successfully completed 2004 school building programme are being this course, was under consideration by his reviewed with a view to including them as part Department and that, when a decision would be of a multi-annual building programme from 2005 reached, his Department would communicate onwards. I expect to be in a position to make a with the teachers concerned and arrangements further announcement on this matter during 2004. 483 Questions — 27 January 2004. Written Answers 484

424. Mr. Deenihan asked the Minister for Following examination of the application it is Education and Science his position regarding the agreed that accommodation should be provided provision of an extension to Nano Nagle Special for a principal plus twelve mainstream teachers School, Listowel, County Kerry; and if he will with scope for the provision of four additional make a statement on the matter. [1309/04] classrooms if, required as a result of planned housing developments. The site requirements to Minister for Education and Science (Mr. N. facilitate this development will shortly be Dempsey): The proposed large-scale building finalised and my officials will be in contact with project for Nano Nagle national school is listed in the board of management in this regard. Section 8 of the 2004 school building programme 427. Mr. Deenihan asked the Minister for which is published on my Department’s website Education and Science his position regarding the at www.education.ie. This proposed project is at provision of a new primary school at Ballybunion, stage 2-3, outline sketch scheme-developed County Kerry; and if he will make a statement on sketch scheme of architectural planning. It has the matter. [1312/04] been assigned a “band 1” rating by my Department in accordance with the published Minister for Education and Science (Mr. N. criteria for prioritising large-scale projects. Dempsey): I take it that the Deputy is referring The proposed project will be authorised to to a new school to accommodate the proposed progress to advanced architectural planning amalgamation of St. Joseph’s primary school and during 2004. Indicative timescales have been Ballybunion boys’ national school. included for large-scale projects proceeding to Agreement has been reached to amalgamate tender in 2004. The budget announcement St. Joseph’s primary school and Ballybunion regarding multi-annual capital envelopes will boys’ national school. It is considered that the enable me to adopt a multi-annual framework for long-term accommodation needs of the the school building programme which in turn will amalgamated school will be for eight mainstream give greater clarity regarding projects that are not classes and ancillary accommodation. Under the progressing in this year’s programme. I will make 2004 school building programme, projects, which a further announcement in that regard during involve the provision of accommodation, which is the year. absolutely necessary to facilitate agreed 425. Mr. Deenihan asked the Minister for amalgamations, are accorded a band 1 rating. Education and Science his position regarding the Progress on this project will depend on the provision of a new school at Blennerville, Tralee, development plan for the north Kerry area County Kerry; and if he will make a statement on resulting from the new model for school planning, the matter. [1310/04] which I announced earlier this year. The new school planning model will be piloted in five Minister for Education and Science (Mr. N. areas, one of which includes Ballybunion, over Dempsey): The board of management of the remainder of the school year, with Blennerville national school applied to my development plans being drawn up for these Department for a new school in 1999. Following areas. My main objective is to ensure that all examination of the application it was agreed that relevant parties have a say and that the process accommodation should be provided for a six- is open and public. The Commission on School teacher school. Accommodation will conduct the public A subsequent technical inspection of the engagement and all submissions made to the existing school and site was carried out and a commission by interested parties will be recommendation was made that a new school on published. The commission will then draw up a a green field site should be provided. The Office draft development plan for the area, against of Public Works, which acts on behalf of my which, following acceptance by the Minister, the Department in the procurement of sites is planning and building unit will assess all actively engaged in this matter and I am sure that applications for capital investment. A decision on the Deputy will appreciate that due to the new school project for Ballybunion will be commercial sensitivity I am unable to give further made in the context of the development plan for information on the site purchase at this time. the north Kerry area. 426. Mr. Deenihan asked the Minister for 428. Mr. Deenihan asked the Minister for Education and Science his position regarding the Education and Science his position regarding the provision of a new school, at Listellick, Tralee, provision of an extension to Ballybunion Convent County Kerry; and if he will make a statement on secondary school, County Kerry; and if he will the matter. [1311/04] make a statement on the matter. [1313/04]

Minister for Education and Science (Mr. N. Minister for Education and Science (Mr. N. Dempsey): The board of management of Dempsey): I take it that the Deputy is referring Listellick national school has applied to my to St. Joseph’s secondary school, Ballybunion. Department for additional accommodation. Progress on this project will depend on the 485 Questions — 27 January 2004. Written Answers 486 development plan for the north Kerry area and if he will make a statement on the matter. resulting from the new model for school planning, [1333/04] which I announced earlier this year. The new school planning model will be piloted in five Minister for Education and Science (Mr. N. areas, one of which includes Ballybunion, over Dempsey): An application for grant aid towards the remainder of the school year, with improvement works has been received from the development plans being drawn up for these management authority of the Christian Brothers areas. My main objective is to ensure that all primary school, New Ross. The application is relevant parties have a say and that the process currently being examined in the school planning is open and public. The Commission on School section of my Department. As soon as this Accommodation will conduct the public examination is completed, a decision on the engagement and all submissions made to the matter will issue to the school authority together commission by interested parties will be with an indicative timeframe for the delivery of published. The commission will then draw up a any identified accommodation deficits. draft development plan for the area, against which, following acceptance by the Minister, the School Placement. planning and building unit will assess all 432. Mr. McGuinness asked the Minister for applications for capital investment. A decision on Education and Science if he will expedite an the application from St. Joseph’s secondary appeal in the name of a person (details supplied) school will be made in the context of the in County Kilkenny to have a child (details development plan for the north Kerry area. supplied) enrolled at Loreto School, Kilkenny. 429. Mr. Deenihan asked the Minister for [1334/04] Education and Science his position regarding the 433. Mr. McGuinness asked the Minister for provision of additional accommodation at Education and Science the timeframe for Dromclough national school, Listowel, County considering an appeal in the name of persons Kerry; and if he will make a statement on the (details supplied) in County Kilkenny to have matter. [1314/04] their child (details supplied) placed as a student at Loreto School, Kilkenny; and if he will Minister for Education and Science (Mr. N. expedite the application and issue a favourable Dempsey): An application for additional response. [1335/04] accommodation at Dromclough National School was received in my Department in January 2003. Minister for Education and Science (Mr. N. Progress on this application will depend on the Dempsey): I propose to take Questions Nos. 432 development plan for the north Kerry area and 433 together. resulting from the new model for school planning, My Department recently admitted two appeals which I announced earlier this year. The new under section 29 of the Education Act, 1998 school planning model will be piloted in five regarding the children referred to by the Deputy. areas, one of which includes Listowel, over the Under the Act, an appeal must be dealt with remainder of the school year, with development within 30 days of its receipt, except where, on the plans being drawn up for these areas. My main application of the appeals committee, the objective is to ensure that all relevant parties Secretary General of my Department consents to have a say and that the process is open and an extension of the period by not more than 14 public. The Commission on School days. Accommodation will conduct the public I am pleased to inform the Deputy that during engagement and all submissions made to the the course of the appeals the children were commission by interested parties will be offered places in the school in question and both published. The commission will then draw up a appeals were consequently withdrawn by the draft development plan for the area, against parents. which, following acceptance by the Minister, the planning and building unit will assess all Special Educational Needs. applications for capital investment. A decision on 434. Mr. McGuinness asked the Minister for the application from Dromclough national school Education and Science if his Department will will be made in the context of the development issue a comprehensive response to a person plan for the north Kerry area. (details supplied) in County Kilkenny regarding the educational and medical care entitlements of Question No. 430 answered with Question their child who has autism. [1342/04] No. 374. Minister for Education and Science (Mr. N. 431. Mr. Howlin asked the Minister for Dempsey): I am aware of the case referred to by Education and Science the position on the the Deputy. My Department is currently building project for Christian Brothers primary providing funding towards home tuition for the school, New Ross, County Wexford, in particular children in question. My officials are arranging to a timeframe for the various stages of this project; liaise with the appropriate professionals 487 Questions — 27 January 2004. Written Answers 488

[Mr. N. Dempsey.] Department of Social and Family Affairs refusing regarding the long-term educational needs of the to pay child benefit for this student. [1350/04] children and further contact will be made with Minister for Education and Science (Mr. N. the parents in this regard. Dempsey): Registration of candidates for the The issue of the medical care entitlements of leaving certificate in 2005 will take place early in the children is a matter for the Department of the 2004-05 school year. Applications from Health and Children through the local health board. external candidates are accepted as a normal part of this process, and it is suggested that contact Teaching Qualifications. should be made with the State Examinations Commission for this purpose in early September 435. Mr. Ring asked the Minister for Education 2004. and Science the position on the drafting of a My Department has been in touch with the circular pertaining to unqualified resource issues; Department of Social and Family Affairs and I and when the circular will be finalised and issued understand that that Department will be in to schools. [1347/04] contact very shortly with the family concerned Minister for Education and Science (Mr. N. regarding payment of child benefit. Dempsey): Work on drafting the circular in question is at an advanced stage. It is hoped to Special Educational Needs. have it finalised and issued to schools in the 439. Mr. Ring asked the Minister for Education near future. and Science when a special needs teacher will be appointed to a school in County Mayo so that a Special Educational Needs. pupil (details supplied) can get the help that she 436. Mr. Ring asked the Minister for Education has been assessed as needing. [1351/04] and Science if there is any age barrier to Minister for Education and Science (Mr. N. qualification for home tuition. [1348/04] Dempsey): I am pleased to inform the Deputy 437. Mr. Ring asked the Minister for Education that my Department has approved an additional and Science if he will arrange a reassessment of a allocation of five hours per week resource person (details supplied) in County Mayo for teaching support to County Mayo VEC in respect home tuition purposes. [1349/04] of the student in question. 540. Mr. Ring asked the Minister for Education State Examinations. and Science if a person (details supplied) in 440. Ms Shortall asked the Minister for County Mayo with special needs can receive Education and Science the justification for the financial assistance towards the cost of their 183% rise in fees when students opt to repeat special needs teaching at home; the reason they their leaving certificate exam; and if he will make were refused this help; if they qualify for a statement on the matter. [1382/04] assistance from his Department in this regard. [2080/04] Minister for Education and Science (Mr. N. Dempsey): Examination entry fees are in Minister for Education and Science (Mr. N. existence in order to defray in part the costs of Dempsey): I propose to take Questions Nos. 436, running the certificate examinations. 437 and 540 together. Examination entry fees cover only part of the The home tuition scheme is intended to costs involved. A special entry fee of \225 is provide compensatory instruction for pupils of payable in respect of a candidate who remains in school-going age with a medical ailment that is school with a view to repeating the leaving likely to cause major disruption to their certificate examination. This represents an attendance at school on a continuing basis. The increase of approximately 13% on the 2003 figure young adults referred to by the Deputy are over of \199. A course fee of \126.97 is also payable 18 years of age and do not fall within the remit to my Department in respect of such candidates. of the home tuition scheme. I understand that the Special fees for repeat candidates were persons in question are currently accessing adult introduced in 1987 on the basis that it is not services in their local area. unreasonable to expect those who have already benefited from the normal course of post-primary State Examinations. education, and who wish to take an extra year, to 438. Mr. Ring asked the Minister for Education make a contribution towards the cost of providing and Science the reason that his Department is the necessary resources. refusing to accept the registration of a pupil Candidates who hold a current medical card or (details supplied) in County Mayo who is being are dependent on a parent or guardian who is the privately tutored in view of the fact that she will holder of a current medical card are not liable be doing her leaving certificate in 2005 and the for either examination fees or for payment of the knock-on effect of this refusal resulting in the repeat course fee. Medical cards will be accepted 489 Questions — 27 January 2004. Written Answers 490 only if valid on 1 February 2004, the due date 446. Mr. Ring asked the Minister for Education for payment. and Science if a decision has been made on the catchment area for the proposed new vocational Schools Building Projects. school in Newport, County Mayo. [1411/04] 441. Mr. Naughten asked the Minister for Minister for Education and Science (Mr. N. Education and Science the action he is taking to Dempsey): I propose to take Questions Nos. 445 upgrade post-primary schools in County and 446 together. Roscommon; and if he will make a statement on As previously indicated to the Deputy no the matter. [1387/04] decisions have been taken on progressing the Minister for Education and Science (Mr. N. proposed new second level school for Newport. Dempsey): The published 2004 school building A final decision on this matter will be taken in programme sets out the progress envisaged for the context of a development plan for the individual projects in the current year on larger Newport and Westport areas resulting from the scale projects at post primary level. new model for school planning which I The Deputy will note that I have put in place announced earlier this year. The new school a new devolved summer works scheme, which planning model will be piloted in five areas, one caters for necessary small-scale works that can be of which covers the Newport and Westport areas, planned and delivered during the summer over the remainder of the school year with holidays. The 2004 programme will be updated development plans being drawn up for these in early spring to provide details of schools with areas. My main objective is to ensure that all approved projects under this scheme. This relevant parties have a say and that the process programme is accessible on my Department’s is open and public. The Commission on School website at www.education.ie. Accommodation will conduct the public engagement and all submissions made to the Teaching Qualifications. commission by interested parties will be published. The commission will then draw up a 442. Mr. F. McGrath asked the Minister for draft development plan for the area, against Education and Science if he will provide which, following acceptance by the Minister, the information on a person (details supplied) in planning and building unit will assess all Dublin 9; the reasons for this person’s departure applications for capital investment. from a college (details supplied); if there were A decision on whether to progress with the allegations against this person; and if he will school proposed for Newport will be made in the make a statement on the matter. [1397/04] context of the development plan for the Newport Minister for Education and Science (Mr. N. and Westport area of County Mayo. Dempsey): The information requested by the Deputy relates to personal information and my Question No. 447 answered with Question Department does not release information of this No. 388. nature. Higher Education Grants. Departmental Correspondence. 448. Mr. Penrose asked the Minister for 443. Mr. Naughten asked the Minister for Education and Science the reason a person Education and Science when a reply will be (details supplied) in County Westmeath who has issued to correspondence (details supplied); the been in contact with his Department, has been refused for a higher education grant; and if he reason for the delay in issuing same; and if he will will make a statement on the matter. [1417/04] make a statement on the matter. [1398/04] Minister for Education and Science (Mr. N. Minister for Education and Science (Mr. N. Dempsey): Under the terms of my Department’s Dempsey): My Department expects to be in a higher education grant schemes students who position to respond to the correspondence already hold an undergraduate degree are not referred to by the Deputy shortly. generally eligible for grant assistance in respect of further study at undergraduate level. There is, Question No. 444 answered with Question however, provision under the terms of the No. 392. schemes for students who already hold a pass or general degree and are progressing to complete Schools Building Projects. an honours degree in one year. In such cases it 445. Mr. Ring asked the Minister for Education must be established that successful completion of and Science if the proposed new vocational the year in question may only result in an school for Newport, County Mayo, will go ahead; honours degree and that there is no possibility of and the proposals his Department has on this a second award at the same level, that is another matter. [1410/04] pass or general degree. 491 Questions — 27 January 2004. Written Answers 492

[Mr. N. Dempsey.] identify the specific sites to be acquired. My Department understands that the duration However, this information will be placed on my of the course, referred to by the Deputy, is 18 Department’s website when the relevant months and that successful completion of the acquisitions have been completed. course may lead to an award at either honours or pass degree level. As the student in question Services for People with Disabilities. already holds a general degree and the course 451. Mr. F. McGrath asked the Minister for does not comply with the provisions of the Education and Science if he will investigate the schemes, she is ineligible for grant assistance in potential for a third level college in order to respect of the course. The terms of the schemes facilitate people with disabilities, with a campus are of general application and accordingly it is not built in one of the existing colleges, for example, open to me or my Department to depart from the Maynooth, UCD, DCU or the Marino Institute terms in individual cases. of Education. [1436/04] Special Educational Needs. Minister for Education and Science (Mr. N. Dempsey): Current Government policy on the 449. Mr. Durkan asked the Minister for provision of services to people with disabilities Education and Science when a classroom places emphasis on the importance of assistant will be offered to a person (details mainstreaming. The provision of a third level supplied) attending St. Wolstan’s school, campus to facilitate people with disabilities would Celbridge, County Kildare; and if he will make a not be consistent with the objective of ensuring statement on the matter. [1418/04] services for people with disabilities are provided Minister for Education and Science (Mr. N. on an inclusive and integrated basis in line with Dempsey): My Department allocates resource services to the general public. teaching support and special needs assistant Among the measures my Department is taking support to second level schools and vocational to assist students with disabilities to access third educational committees to cater for students with level education is the fund for students with special educational needs. Applications for such disabilities. This fund, which is ESF-aided, was support are made to my Department by the introduced in 1994. It provides funding to relevant school authorities. Each application is students with disabilities attending courses in considered on the basis of the assessed needs of third level institutions and, since 1998, in post- the pupil(s) involved and the nature and level of leaving certificate centres. support provided is determined on the advice of The purpose of the fund is to provide students the psychological service. with serious physical and-or sensory disabilities St. Wolstan’s community school has been with grant assistance towards the cost of special allocated resource teacher and special needs equipment, special materials and technological assistant support to address the needs of the aids, targeted transport services, personal student in question and a number of other assistants and sign language interpreters. students with special educational needs attending Under the social inclusion measures in the the school. Government’s national development plan, there is provision for a third level access fund totalling Schools Building Projects. almost \121 million, over the period 2000 to 2006, 450. Mr. R. Bruton asked the Minister for aimed at tackling under-representation by a Education and Science if the school building number of target groups including students with programme for 2004 includes site-acquisition for a disability. The report of the Action Group on the construction of a school for Gaelscoil Access to Third Level Education, which was Cholmcille, to be acquired from Dublin City established to advise on the development of a co- Council; and if he will make a statement on the ordinated strategy to increase participation by the matter. [1419/04] target groups, was published in 2001. Provision for the fund for students with Minister for Education and Science (Mr. N. disabilities has increased from \101,579 in 1994 to Dempsey): My Department is considering a gross level of \5.3 million in the 2003-04 options to address the long-term accommodation academic year. In addition to the fund, between needs of Gaelscoil Cholmcille including the 1996 and 2003, as part of its targeted initiative option to acquire a site for the school. In this funding programme, the Higher Education regard, the property management section of the Authority has allocated more than \7 million OPW is acting on behalf of my Department on towards activities focused on supporting site acquisitions generally and is currently increased access for students with a disability. exploring the possibility of acquiring a site for the Among the activities funded have been the school in question. employment of specialist staff; the training of Due to commercial sensitivities of site academic and non-academic staff; the acquisitions, it is not proposed at this stage to establishment of units for provision of assistive 493 Questions — 27 January 2004. Written Answers 494 technology training and support for students and competence in Gaeilge for degree-holders who staff; careers support for students with a are taking up the conversion course to primary disability; pre-entry outreach and taster teaching; and if a person who has honours in programmes; and post-entry orientation and leaving certificate Irish would automatically meet support. the entry criteria and be able to pick up the My Department is committed to supporting required teaching competence in Gaeilge during initiatives in the area of universal access and the course of the 18-month conversion course. funding has been provided in recent years to [1471/04] address physical access problems in existing Minister for Education and Science (Mr. N. buildings in the third level sector. Furthermore, Dempsey): As part of the minimum academic all new buildings are required to comply with entry requirements specified by my Department building regulations governing access. New for the postgraduate diploma in primary teaching, buildings must incorporate standard design all candidates must have a minimum of a grade C features necessary to facilitate universal access in at higher level in Irish in the leaving certificate or compliance with part M of the building an approved equivalent. This requirement regulations. embodies both the written and oral element of Special Educational Needs. a student’s proficiency in Irish. My Department considers it to be the minimum standard in Irish 452. Mr. R. Bruton asked the Minister for necessary for students entering a teacher training Education and Science the impact of the closure course which will equip them to teach Irish to of St. Mary’s School for the Blind on the pupils at all levels in primary schools. availability of suitable education placements for such children; the services he has put in place to Decentralisation Programme. make up for this loss; and his plans to open the 454. Mr. Naughten asked the Minister for proposed national education centre for the Education and Science the discussions he has had visually impaired. [1460/04] with officials in the Higher Education Authority Minister for Education and Science (Mr. N. regarding decentralisation; and if he will make a Dempsey): Arising from the report of a planning statement on the matter. [1511/04] group, which was established to consider Minister for Education and Science (Mr. N. proposals for the development of a national Dempsey): No formal discussions have taken centre for the visually impaired, my Department place with the Higher Education Authority engaged a project team to consider an overall regarding decentralisation. However, development strategy for the implementation of mechanisms have been put in place by my the planning group’s report. The report of the Department to ensure that the Higher Education project team was presented to my Department Authority and other relevant bodies under the towards the end of 2002. aegis of my Department are kept fully informed Having given careful consideration to the as the process develops. matter, I decided in April 2003 that the national The HEA has also been asked to provide centre as proposed should not proceed, having information to the Department relating to its regard to the low and declining pupil numbers in accommodation requirements in the the schools for the visually impaired and the decentralised location. development costs, estimated to be in excess of \ 30 million. Third Level Education. St. Joseph’s Special School for Visually Impaired, Drumcondra, provides a co- 455. Mr. Naughten asked the Minister for educational service for pupils at primary level and Education and Science the number of people includes some pupils who have transferred from from counties Roscommon and Leitrim St. Mary’s School for the Blind. Parents may also respectively attending institutes of technology, chose to enrol their children in mainstream universities and PLC courses; the numbers in school settings with the support of the resource each category in receipt of higher education teacher, special needs assistant and visiting grants; and if he will make a statement on the teacher service. Pobal Scoil Rosmini provides a matter. [1513/04] co-educational service for pupils at second level. Minister for Education and Science (Mr. N. My Department proposes to explore with the Dempsey): The 2002-03 academic year is the most school authorities concerned how aspects of the recent year in respect of which comprehensive proposed centre could be developed, in the statistics are available to my Department. Details context of available resources. of the numbers of students from counties Roscommon and Leitrim attending full-time Teaching Qualifications. courses in universities and institutes of 453. Mr. R. Bruton asked the Minister for technology are outlined in the attached table. The Education and Science the criteria on number of students attending PLC courses in 495 Questions — 27 January 2004. Written Answers 496

[Mr. N. Dempsey.] administered by the vocational education those counties is also included; data on the county committees. of origin of these PLC students is not, however, Under the third level maintenance grants available. The available data in respect of the scheme for trainees, the institutes of technology numbers of students in receipt of grant assistance pay the maintenance grants to the students under all four maintenance grant schemes is also concerned and recoup the moneys directly from outlined, for the Deputy’s information, in the my Department. The total number of grant following table. holders in 2002-03 was 13,401. County-specific My Department funds three student support information is not available at present in respect schemes for students attending third level of the third level maintenance grant scheme for education: the higher education grants scheme, trainees. which generally applies to all university degree Under the terms of the maintenance grants courses and is administered by local authorities; scheme for students attending post-leaving third level maintenance grants scheme for certificate, PLC, courses, grant applicants are trainees, which applies to most certificate and assessed by the VEC in whose administrative diploma courses in institutes of technology and is area they reside. However, eligible students are administered by the vocational education subsequently paid their grants by the VEC in committees and the institutes of technology; and whose administrative area the PLC centre they the vocational education committees’ scholarship are attending is situated. Accordingly, separate scheme, which generally applies to add-on figures are available to my Department in respect courses where students have already pursued of: the numbers of students attending PLC certificate or diploma level courses and to certain centres in counties Roscommon and Leitrim and courses in Northern Ireland and which is the numbers of students from each county administered by the vocational education approved for grant assistance by their respective committees. My Department funds one student VECs under the PLC scheme. The Deputy should support scheme in respect of post-leaving note that the higher number of students in receipt certificate courses, namely, the maintenance of assistance is accounted for by the attendance grants scheme for students attending post-leaving of students from Roscommon at centres outside certificate, PLC, courses. This scheme is of their county of origin.

Table 1: Numbers of Students Attending Courses in 2002-03

Sector of Study Universities Institutes of Technology PLC Courses Total

Roscommon 1,060 1,097 73 2,230 Leitrim 414 533 113 1,060

Table 2: Numbers of Students in Receipt of Grant Assistance in 2002-03

County Roscommon County Leitrim

HEG Scheme 477 233 VEC Scholarship Scheme 186 82 TLT Scheme N/A N/A PLC Scheme (Nos. Approved for Grant 101 78 Assistance)

post-primary schools is based on agreements Teachers’ Remuneration. reached with the teacher unions representing both sectors in the context of the Programme for 456. Mr. P. McGrath asked the Minister for Competitiveness and Work. Education and Science if he will compare the scale of allowances paid to principal teachers in 457. Cecilia Keaveney asked the Minister for primary and post-primary schools given that both Education and Science if a matter has been of those scales are based on the number of resolved for a person (details supplied) in County teachers in each type of school; and the reason Donegal; and if he will make a statement on the that there are different allowances paid to the matter. [1518/04] principals of similar size schools in different categories. [1517/04] Minister for Education and Science (Mr. N. Dempsey): The matter referred to by the Deputy Minister for Education and Science (Mr. N. has been resolved and the payment due has Dempsey): The scale of allowances payable to recently been issued to the person in question. principals and deputy principals in primary and 497 Questions — 27 January 2004. Written Answers 498

Psychological Service. Schools Refurbishment. 458. Mr. R. Bruton asked the Minister for 462. Mr. McGuinness asked the Minister for Education and Science if his Department will Education and Science the position regarding make funds available to parents where there is plans for extending and improving Grennan a deficit in the psychological service available to College, Thomastown, County Kilkenny; if the children locally; and if he will make a statement project can be expedited; and if he will make a on the matter. [1525/04] statement on the matter. [1566/04] Minister for Education and Science (Mr. N. Minister for Education and Science (Mr. N. Dempsey): Pending the full roll-out of the Dempsey): The refurbishment project at national educational psychological service, NEPS, Grennan College is listed in section 8 of the 2004 my Department established the scheme for the school building programme, which is published commissioning of psychological assessments, on my Department’s website at www.education.ie. SCPA. Under this scheme, schools without a This project is at an advanced stage of NEP service can commission psychological architectural planning. It has been assigned a assessments from an approved panel of private band 2 rating in accordance with the published practitioners. The scheme is continuing to criteria for prioritising large-scale projects. operate in the current school year. The budget announcement regarding multi- annual capital envelopes will enable me to adopt School Accommodation. a multi-annual framework for the school building programme which in turn will give greater clarity 459. Mr. Ring asked the Minister for Education regarding projects that are not progressing in this and Science if his Department will make a formal year’s programme. I will make a further response in relation to the offer of convent announcement in that regard during the year. buildings to a school (details supplied) in County Mayo. [1526/04] The Deputy will also note that I have put in place a new devolved summer works scheme. Minister for Education and Science (Mr. N. This caters for necessary small scale works that Dempsey): Officials in the planning and building can be planned and delivered during the summer unit of my Department are in contact with the holidays. The 2004 programme will be updated in authorities of the school to which the Deputy early spring to provide details of approved refers and will correspond directly with them projects under the scheme. regarding development of the school. School Transport. 460. Mr. McGuinness asked the Minister for Education and Science further to Parliamentary 463. Mr. Neville asked the Minister for Question No. 108 of 6 March 2003 the progress Education and Science when a review will be that has been made; if the analysis of post- done of the school transport system regarding primary provision at this location is complete; and catchment areas. [1569/04] the action he plans to take; and if he will make a Minister for Education and Science (Mr. N. statement on the matter. [1557/04] Dempsey): For the purposes of the post-primary education provision, the country is divided into Minister for Education and Science (Mr. N. catchment areas, each of which has its own post- Dempsey): My Department’s analysis of post- primary education centre. These areas were primary provision in the Callan area has not yet drawn up in the late 1960s in the context of the been concluded. The post-primary educational free education scheme. The catchment landscape in the area is less than straightforward boundaries were determined following with the result that a number of issues require to consultation with local educational interests and be comprehensively explored before final the intention was that certain primary schools decisions are reached. This exploration cum would feed exclusively into each centre. A analysis is ongoing. relatively small number of primary schools are shared between two of more centres. The revision School Transport. of catchment areas is addressed by my 461. Mr. McGuinness asked the Minister for Department as the need arises. It is the practice Education and Science if he will provide school in my Department to consult local educational transport for two children (details supplied) in interests, where any such adjustments are being County Kilkenny who attend St. Lachtains contemplated. national school, Freshford, County Kilkenny; and if he will expedite a decision in their case. National Archives. [1558/04] 464. Mr. Crowe asked the Minister for Minister for Education and Science (Mr. N. Education and Science the number of files in his Dempsey): A report on this case has been Department for 1973 released to the National requested from Bus E´ ireann. The family will be Archives under the 30 year rule; the number advised of the position as soon as the report has withheld; and the subject matter of the files been received and assessed. withheld. [1591/04] 499 Questions — 27 January 2004. Written Answers 500

Minister for Education and Science (Mr. N. pick-up points along the main route. Home pick- Dempsey): During 2003 my Department met ups were never envisaged as being part of the representatives of the National Archives and school transport scheme as the cost involved on transferred the following files: 19th century a countrywide level would be prohibitive. building files; school administration files 1880- The student in question resides 0.5 miles from 1921; and training college files 1883-1921. the route of service. As this is well within range Inactive files are held in off-site storage and of the existing service, it would not be open to officials in my Department are in ongoing my Department to extend the service as discussions with the National Archives office to requested. There is provision for parents to pay determine what files are of national interest and for extensions of bus services where feasible, should be transferred to the archives office. having regard to time schedules and avoidance of major disruption to other pupils using the service. Education for Persons with Disabilities Bill. Bus E´ ireann has advised my Department that an 465. Mr. F. McGrath asked the Minister for extension of the bus service could be Education and Science to investigate definitions implemented under this provision in this case. If (details supplied) in the Education of Persons the family is interested in meeting the cost of with Disabilities Bill 2003; and if he will make a extending the service, it should contact school statement on the matter. [1596/04] transport section of my Department in Tullamore. Minister for Education and Science (Mr. N. Dempsey): I moved an amendment to the Special Educational Needs. definition of disability in the Education for Persons with Disabilities Bill 2003 on Committee 467. Mr. Wall asked the Minister for Education Stage on 5 January. At that time, I stated why I and Science the position regarding the felt that the definition now in the Bill is the most application of a person (details supplied) in practical. I also said that, in light of our County Kildare for a special needs assistant in discussions on Committee Stage, I would view of the fact that the pupil has been diagnosed reconsider the definition of disability to see if it with autistic spectrum disorder; and if he will could be improved upon. However, I am of the make a statement on the matter. [1598/04] view that to accept the Deputy’s suggestion Minister for Education and Science (Mr. N. would be to extend the definition of disability Dempsey): I am pleased to advise the Deputy unduly and I believe that would be counter- that my Department has approved five hours productive. resource teaching support together with special The provision of education services for the needs assistant support for the pupil in question. majority of children in our primary and post- A letter to this effect issued to the pupil’s school primary schools is governed by the Education Act on 22 January 2004. 1998. This Bill is intended to benefit those who most need assistance in accessing education 468. Mr. Wall asked the Minister for Education services and I have no wish to dilute the attention and Science when a special needs assistant will due to them by attempting to cater to needs be provided for a student enrolled at Scoil Mhicil beyond those caused by a disability. It is essential Naofa, Athy, County Kildare, in view of the need that the conditions which attract the benefits of for such assistance due to the child’s medical the Bill are enduring so as the ensure that vital background; and if he will make a statement on resources are used for those who really need the matter. [1600/04] them. The remainder of the definition in the Bill as it stands provides a sensible base from which Minister for Education and Science (Mr. N. to determine who has a disability for the purposes Dempsey): My Department has received a of the Bill and more importantly who will benefit number of applications for special educational from the very focused and specialised educational resources, SER, from the school referred to by provision which will be made as a result of it. the Deputy, including an application for the pupil in question. SER applications received between School Transport. 15 February and 31 August 2003, including the one made by this school, are being considered at 466. Mr. Wall asked the Minister for Education present. In all, more than 5,000 such applications and Science if he will investigate the application were received. Priority was given to cases for school transport for a student (details involving children starting school last September supplied); and if he will make a statement on the and all these cases were responded to at or before matter. [1597/04] the commencement of the current school year. Minister for Education and Science (Mr. N. The balance of more than 4,000 applications Dempsey): As a rule primary school transport has been reviewed by a dedicated team routes are planned so that, as far as possible, no comprising members of my Department’s eligible pupil will have more than 1.5 miles to Inspectorate and the national educational travel to a pick-up point. Pupils living off the psychological service, NEPS. These applications main route of service are generally expected to are being further considered in the context of the make their own way or be brought to convenient outcome of surveys of SER provision conducted 501 Questions — 27 January 2004. Written Answers 502 during past year or so. Account is also being which the partnerships operate, administers the taken of the data submitted by schools as part of fund on behalf of my Department. the recent nationwide census of SER provision. An allocation of \1.27 million per year was The processing of the applications is a complex recommended for the millennium partnership and time-consuming operation. However, my fund for the duration of the national development Department is endeavouring to have this programme to 2006. The recommendation was completed as quickly as possible and my officials implemented when the fund was introduced with will then respond to all applicant schools. effect from the 2001-02 academic year. However, Pending a response, schools are advised to refer for the 2002-03 academic year, I significantly to Circular 24/03, which issued in September, increased the allocation to \2 million. A provision 2003. This circular contains practical advice on of \2 million was also made in respect of the how to achieve the most effective deployment of millennium partnership fund for 2003. resources already allocated for special Northside Partnership received funding to the educational needs within the school. amount of \120,000 in the 2002-03 academic period from ADM under the millennium Question No. 469 answered with Question partnership fund for disadvantage, 2002-03. No. 374. Previously the partnership had been in receipt of direct funding from my Department. I understand Physical Education Facilities. that in order to facilitate ten new applicant groups to the 2003-04 fund, ADM decided to 470. Mr. McGuinness asked the Minister for make reductions in the budgets of partnerships Education and Science the progress in approving and community groups across the board. plans for a new gym at a school (details supplied) In the current academic year, 2003-04, in County Kilkenny; if a standard or common \ plan for such gyms has now been established; and Northside Partnership has a budget of 114,475, if he will make a statement on the matter. which includes a carryover from the previous [1659/04] round of the fund. Apart from the Cork Consortium; covering both Cork city and county, Minister for Education and Science (Mr. N. which received \145,000 for the current academic Dempsey): It has been agreed in principle to year, Northside Partnership received the highest provide a PE hall of 806 sq. m. for CBS secondary allocation of funding under the fund, significantly school, James Street, Kilkenny. The planning and more than other Dublin based partnerships. This building unit of my Department has prepared PE was also the situation in 2002-03. There are hall templates that will standardise the currently 59 groups implementing the millennium construction of PE halls at second level schools partnership fund at a local level vis-œ-vis 35 and will be used to plan the provision of PE halls groups which were involved in managing the fund nationally. The PE hall templates are being since its inception in 2001. piloted in a number of locations this year. The Two other key recommendations in the report matter of providing a PE hall at the school to of the action group on access to third level which the Deputy refers will be considered when education were the introduction of special rates the pilot programme has been completed and of maintenance or top-up grants and the evaluated and in line with available resources and establishment of a national office of equity of priorities arising. access to higher education. Following a review of the special rates of maintenance grant in 2002, it Educational Disadvantage. was expected that the number of students 471. Mr. R. Bruton asked the Minister for qualifying for the top-up grant in 2002-03 would Education and Science if his attention has been double to 7,000. This target was exceeded with drawn to the fact that the allocation from the approximately 8,000 students receiving the top-up grant in 2002-03. millennium fund to the Northside Partnership In addition, last May I announced a package of Company has been cut, despite the fact that the \ number of students in need of this support within measures costing 42 million in a full year to the catchment has increased by over 15%; and if address the problem of disadvantage in third level he will make arrangements to ensure that funding education. The main provisions are: an increase is restored. [1669/04] of 15% in the maintenance grant, to give a maximum grant of \2,885, this compares with Minister for Education and Science (Mr. N. \2,510 in 2002-03; significant increases in the Dempsey): The millennium partnership fund for reckonable income limits for purposes of the disadvantage is one of a number of access ordinary and special rates of grant; the measures recommended in the 2001 report of the introduction of a revised income limit scheme, to action group on access to third level education. include the following threshold levels, namely. a The fund provides assistance to partnership new part maintenance, 75% and full fees, an companies and community groups to develop upgrading of the full fees only income limit to their support schemes for students from become a part maintenance, 25%, and full fees disadvantaged families. Area Development entitlement; the top income limit has been Management — ADM Limited under the aegis of increased from \36,897 to \40,000, ensuring that 503 Questions — 27 January 2004. Written Answers 504

[Mr. N. Dempsey.] framework to promote access. The third level a significantly higher number of students from access fund comprises the following households with moderate incomes will not have funds/measures: special rates of maintenance to pay the student service charge; and the higher, grants for disadvantaged students; the ESF-aided non-adjacent rate of the special rate of student assistance fund; the ESF-aided fund for maintenance grant has been increased to \4,495 students with disabilities; and the ESF-aided an amount equal to the maximum personal rate millennium partnership fund for disadvantage of social welfare unemployment assistance and Since 1997 spending on third level access the adjacent rate has been increased to \1,800. measures funded directly by the Department of These increases represent top-ups on the Education and Science has increased from ordinary grant of \1,610 and \645, respectively. \500,000 to \26 million in 2003. By any standards, Following my approval for the establishment of this represents a quantum leap in the the national office for equity of access to higher commitment of resources. The provision for 2003 education, within the Higher Education is \27 million. This brings the total allocation on Authority, a number of senior staff have been these access measures, including the 2004 recruited and the office is now operational. I provision, since the commencement of the anticipate that the national office will facilitate national development plan in 2000, to \96.7 the aim of increasing third level access by the million. three target groups, in partnership with my The Deputy will also be aware that last May I Department, the third level institutions and other announced a new package of measures costing stakeholders and agencies. \42 million in a full year to further address and ameliorate the problems facing students from low 472. Mr. R. Bruton asked the Minister for to moderate income households in accessing third Education and Science his plans for the provision level education. This package combines of special access funds targeted at disadvantaged substantial improvements in the level and pupils in each of the Dublin colleges; if these coverage of the maintenance grants for those on access funds are proving incapable of meeting the low to moderate incomes, with increases in the demand being placed on them; and his views on level of top-up grant for those who are most reported cutbacks in a number of colleges in disadvantaged. I believe that this substantial respect of support from these funds. [1670/04] package of measures will provide the opportunity, in an unprecedented manner, for Minister for Education and Science (Mr. N. students from disadvantaged backgrounds to Dempsey): Since my appointment as Minister for achieve their full potential in the education Education and Science I have made it clear that system. addressing educational disadvantage is my top The Higher Education Authority has for a priority. It is my intention to ensure that available number of years provided dedicated funding to educational resources are targeted at the most the universities and other HEA designated disadvantaged people in the education system at institutions to support new developments in areas all levels. My objective is to ensure that all young of strategic importance in higher education. One people leave the education system with a high particular priority area is that of broadening quality education and related qualifications to access to the universities and HEA institutions support their full participation in society and in for students from traditionally under-represented the economy. groups. These include students from My overall approach to tackling educational disadvantaged backgrounds, mature students and disadvantage is set in the context of the travellers. In 2002, the HEA provided over \6 Government’s national action plan against million to support institutions in initiatives aimed poverty and social exclusion, 2003-05, NAPSincl, at providing for such broadened access. For 2003, and the latest partnership agreement, Sustaining this provision increased to \7.4 million. In Progress, which contains a special initiative addition, in the technological sector, there is focused on literacy, numeracy and early school provision, from within the charge for student leavers. In addition to the ordinary maintenance services, registration and examinations, for access grant schemes and the free fees initiative, my funding amounting to approximately \500,000. Department has responsibility for promoting access and participation opportunities for Schools Building Projects. students in higher education and on PLC courses. Under the social inclusion measures in the 473. Mr. Connaughton asked the Minister for national development plan, there was provision Education and Science the reason Briarfield for a third level access fund totalling \121 million, national school, Ballinasloe, County Galway, has during the period 2000 to 2006, aimed at tackling not been given an opportunity to take part in the under-representation by three target groups: schools building scheme devolved fund in view of students from disadvantaged backgrounds; the fact that they have raised a considerable mature students; and students with disabilities. amount of local money and would now be in the The report of the action group on access to position to fast-track the building of the school, if third level education, published in 2001, set out a the Department gave them a reasonable injection blueprint for the development of a co-ordinated of capital. [1687/04] 505 Questions — 27 January 2004. Written Answers 506

Minister for Education and Science (Mr. N. current position on each proposal is outlined as Dempsey): When publishing the 2004 school follows. building programme, I outlined that my strategy Construction of new community college in going forward will be grounded in capital Athy, Ke-Athy-001. The proposed large-scale investment based on multi-annual allocations. My building project for Athy community college is officials are reviewing all projects which were not listed in section 9 of the 2004 school building authorised to proceed to construction as part of programme, which is now published on my the 2004 school building programme, with a view Department’s website at www.education.ie. The to including them as part of a multi-annual school new school project is at an early stage of building programme from 2005 and I expect to be architectural planning. It has been assigned a in a position to make further announcements on band 3 rating by my Department in accordance this matter in the course of the year. Briarfield with the published criteria for prioritising large- national school, Ballinasloe, County Galway, will scale projects. be considered in this regard. Home-school liaison for Scoil Mhichil Naofa primary school — St. Patrick’s CBS, Ke-Athy- Schools Building Projects. 002. The home-school-community liaison scheme 474. Mr. Connaughton asked the Minister for was last expanded in September 1999. This Education and Science the reason Ardeevin expansion included any remaining schools national school, Glenamaddy, County Galway, designated as disadvantaged that did not have a has not been given an opportunity to take part in home-school-community liaison service. There the schools building scheme devolved fund, in are no plans at present to expand this scheme but view of the fact that they have raised a in the event of any future expansion of the home- considerable amount of local money and will now school-community liaison scheme, I assure the be in the position to fast track the building of the Deputy that the needs of Scoil Mhichil Naofa and school, if the Department gave them a reasonable St. Patrick’s CBS will be fully considered. injection of capital. [1688/04] Early start programme for Scoil Mhichil Naofa primary school, Ke-Athy-003. This proposal Minister for Education and Science (Mr. N. relates to the early start pre-school pilot project. Dempsey): When publishing the 2004 school The early start project, which was launched in building programme, I outlined that my strategy 1994, is currently in place in 40 selected schools going forward will be grounded in capital in disadvantaged areas. It is aimed at children, investment based on multi-annual allocations. My aged between three and four years who are officials are reviewing all projects which were not considered to be most at risk of not reaching their authorised to proceed to construction as part of potential. It provides young children with an the 2004 school building programme, with a view educational programme that will enhance their to including them as part of a multi-annual school overall development and lay a foundation for building programme from 2005 and I expect to be successful educational attainment in future years in a position to make further announcements on The question of developing and funding this matter in the course of the year. Ardeevin particular pre-school initiatives or the extension national school, Glenamaddy, County Galway of the early start project to additional schools will will be considered in this regard. be considered by the centre for early childhood development and education. This centre was Departmental Programmes. established in 2001 to co-ordinate developments 475. Mr. Wall asked the Minister for Education in the early education sector on behalf of my and Science if he has satisfied himself with the Department on foot of the White Paper on Early level of importance and priority given by all Childhood Education, Ready to Learn. The Departments and in particular the Department of centre will also develop targeted interventions on a pilot basis for children from disadvantaged Education and Science to projects identified backgrounds and children with disabilities, locally in Athy, County Kildare, under the building on the experience of existing RAPID programme; and the steps he intends to programmes. This RAPID proposal has been sent take to ensure that the RAPID programme is to the centre for their consideration in this taken seriously. [1690/04] context. Minister for Education and Science (Mr. N. Expand Kildare youth service activity for Athy Dempsey): The RAPID programme is designed youth, Ke-Athy-012. The Athy youth project to harness the opportunities and resources of the received an allocation of \70,174 in 2003 under national development plan, NDP, through the the special projects for youth scheme. The level frontloading and prioritisation of investment to of support for the Athy youth project in 2004 will the 45 most deprived communities in the country be considered in the context of available — 25 urban areas and 20 provincial towns. This resources. does not involve additional funding to that being Application for the inclusion of Athy in the provided under the NDP. The area school completion programme, Ke-Athy-017. The implementation team in Athy has submitted five school completion programme, SCP, which was proposals under the RAPID programme. The launched in 2002, incorporates the learning 507 Questions — 27 January 2004. Written Answers 508

[Mr. N. Dempsey.] The processing of the applications is a complex experience and best practice derived from and time-consuming operation. However, my previous early school leaving initiatives and Department is endeavouring to have this assimilates the existing eight to 15 early school completed as quickly as possible and my officials leaver initiative, ESLI, and the stay-in-school will then respond to all applicant schools. retention initiative at second level, SSRI. Athy Pending a response, schools are advised to refer community college, which is one of the schools in to circular 24/03, which issued in September, Athy seeking admission to SCP, is already in the 2003. This circular contains practical advice on SSRI. The objective of the school completion how to achieve the most effective deployment of programme is to provide a range of interventions resources already allocated for special in areas of disadvantage that support the educational needs within the school. retention of young people in education. Eligible 477. Ms B. Moynihan-Cronin asked the schools were selected on the basis of their Minister for Education and Science the number retention rates from the Department’s post- of pupils in national schools and secondary primary pupil database. The inclusion of further schools in County Kerry that are awaiting the schools in the project strand of the school services of an occupational therapist and a speech completion programme is under consideration at therapist; and if he will make a statement on the present. matter. [1693/04] In accordance with the aims of the RAPID programme, my Department has endeavoured, Minister for Education and Science (Mr. N. where possible, to frontload resources to support Dempsey): Responsibility for the delivery of the proposals submitted from RAPID areas, therapy services referred to by the Deputy rests including those from Athy. My Department is with the relevant health authorities who are currently in the process of establishing ten allocated funding for this purpose. My regional offices throughout the country. These Department does not hold the statistical offices, including an office in Naas which will information requested by the Deputy and she serve counties Kildare and Wicklow, will further may wish to pursue the matter with the health strengthen my Department’s commitment and board concerned. contribution to local and regional developments such as the RAPID initiative. Question No. 478 answered with Question No. 374. Special Educational Needs. 479. Mr. Morgan asked the Minister for 476. Mr. Wall asked the Minister for Education and Science the level of cut-back to Education and Science the reason a child (details funding for resource teaching support by his supplied) who was granted resource teaching Department in the year to December 2003; the hours in their previous school has not had the level of cut-back anticipated in 2004; if his hours allocated granted in their new school; and attention has been drawn to the consequences of if he will make a statement on the matter. these cutbacks on schools such as Ardee [1692/04] community school, County Louth; and if he will Minister for Education and Science (Mr. N. make a statement on the matter. [1715/04] Dempsey): My Department has received a number of applications for special educational Minister for Education and Science (Mr. N. needs, SEN, supports from the school referred to Dempsey): The level of resource teacher support by the Deputy, including the application for the being made available to students with special pupil in question. educational needs in the second level system has SER applications received between 15 been increased by approximately 300 whole-time February and 31 August 2003, including the one equivalent teacher posts for the current school made by this school, are being considered at year. present. In all, more than 5,000 such applications The school to which the Deputy refers has been were received. Priority was given to cases allocated 2.08 whole-time equivalent teacher involving children starting school last September posts and three whole-time special needs assistant and all these cases were responded to at or before posts for the current school year. This compares the commencement of the current school year. with an allocation to the school in question of The balance of more than 4,000 applications 1.62 whole-time equivalent teacher posts and has been reviewed by a dedicated team three special needs assistant posts in the 2002-03 school year. There are no proposals to reduce comprising members of my Department’s allocations in respect of special needs for the inspectorate and the national educational coming school year. psychological service, NEPS. These applications are being further considered in the context of the Schools Building Projects. outcome of surveys of SER provision conducted over the past year or so. Account is also being 480. Ms O’Sullivan asked the Minister for taken of the data submitted by schools as part of Education and Science the situation with regard the recent nationwide census of SER provision. to Aghina national school, County Cork, which 509 Questions — 27 January 2004. Written Answers 510 has been scheduled to go ahead to construction delivery of further and adult education into the in the 2003 building programme, but which has future, and on other sectors of the education been transferred to the devolved list for 2004; and system. Exploratory meetings have taken place if he will make a statement on the matter. between officials in my Department and the [1724/04] management and staff representative interests in Minister for Education and Science (Mr. N. the sector to examine their respective priorities Dempsey): Aghina national school was included and to consider issues surrounding a number of in the 2003 school building programme to be the recommendations in the report. Further authorised to proceed to construction subject to exploratory meetings with relevant stakeholders an assessment by my Department on the scope in the sector will be necessary in the period ahead for achieving cost savings on the project and a in connection with this report. review of enrolment levels at the school. As no Maintenance grants were introduced for cost savings could be achieved the proposed students registered on post-leaving certificate project did not proceed to construction in 2003. courses, PLCs, in September 1998 following a As part of the 2004 school building commitment in the programme for Government, programme, which is published on my An Action Programme for the Millennium, to Department’s website at www.education.ie, introduce equitable support for students Aghina national school was invited to participate attending PLC courses. Such courses play a key in the small schools initiative, however, this was role in preparing people for employment and not acceptable to the school authorities. The further education-training. However, PLC proposed project is currently being re-examined courses are offered over one or two years in VEC in my Department with a view to progressing and other post-primary schools and lead to the matter. national awards at FETAC levels 1 and 2. PLC courses may lead, on progression, to specified Question No. 481 answered with Question higher education courses in the institutes of No. 374. technology.

Post-Leaving Certificate Courses. School Accommodation. 482. Ms O’Sullivan asked the Minister for 483. Ms O’Sullivan asked the Minister for Education and Science if he will implement the Education and Science when his Department will recommendations of the McIver report as soon address the serious conditions in which children as possible to address the unsatisfactory situation at Gaelscoil na Camo´ ige have to study; if they can with regard to further education in PLC colleges; be considered regarding the acquisition of sites and if he will make a statement on the matter. for new schools; and if he will make a statement [1726/04] on the matter. [1727/04] 575. Mr. Deasy asked the Minister for Minister for Education and Science (Mr. N. Education and Science the steps that are being Dempsey): My Department’s strategy to address taken by his Department to implement the the long-term accommodation needs of Gaelscoil recommendations of the McIver report on post- na Camo´ ige is the delivery of purpose built leaving certificate students; the reason these facilities on a greenfield site. Due to the students are being provided for in the second commercial sensitivity involved in acquiring sites level sector when they qualify for third level generally, it would be inappropriate for me to grants and the further steps the Minister is comment further on this specific issue at this making to ensure that post-leaving certificate time. students have access to the same facilities as third ´ level students; and if he will make a statement on Gaelscoil na Camoige is currently located in the matter. [2227/04] temporary rented accommodation for which the school planning section of my Department Minister for Education and Science (Mr. N. provides 95% grant aid. The school authority has Dempsey): I propose to take Questions Nos. 482 not brought any difficulties with the and 575 together. accommodation to the attention of the school The post-leaving certificate review was planning section of my Department. Since the commissioned by my Department to examine the property in question is being rented, sector and make recommendations as necessary dissatisfaction with the condition of the regarding the organisational, support, accommodation can be brought to the attention development, technical and administrative of the lessor having regard to the terms of the structures and resources required in schools with lease. large-scale post-leaving certificate, PLC, provision. The final report was completed in Site Acquisitions. April 2003. The recommendations in the report are wide- 484. Ms O’Sullivan asked the Minister for ranging and encompass proposals that extend Education and Science the number of schools beyond PLC provision, including issues which awaiting permission to purchase sites on his impact on the shaping of structures for the Department’s records; the way in which they are 511 Questions — 27 January 2004. Written Answers 512

[Ms O’Sullivan.] Schools Refurbishment. prioritised; and if he will make a statement on the 486. Mr. Crowe asked the Minister for matter. [1728/04] Education and Science if his attention has been Minister for Education and Science (Mr. N. drawn to the fact that St. Killian’s junior national Dempsey): The purchase of new school sites is school, Kingswood, Tallaght, Dublin 24, was underpinned by a thorough assessment of the obliged to close on 16 January because of the need for new educational facilities at primary or need to carry out repairs to the roof of the post-primary level in any given area. The process building which was damaged in bad weather over takes account of all relevant factors, including Christmas 2003 and cost the board of enrolment and demographic trends, housing management an estimated \4,000 to repair; if his developments and the type and extent of existing attention has been further drawn to the fact that school provision serving the area. the roof collapsed in late 2002 and continues to As part of the process, my Department pose an ongoing health and safety risk; and the monitors county development plans and area assistance he intends to provide to the school action plans and meets local authorities as which has been on his Department’s waiting list required to establish the location, scale and pace since 1999. [1740/04] of major housing developments. An assessment Minister for Education and Science (Mr. N. is carried out of the likely implications of such Dempsey): With regard to the roof damage, one developments in respect of the capacity of any of my Department’s technical staff visited the existing schools and, where appropriate, the local school and reported that the damaged part of the authority is requested to reserve a site for roof has now been repaired. I understand that the educational purposes. Such reservations may cost of these repairs was dealt with by the school ultimately result in the acquisition of the site and through their insurance. The school has also been the development of a school or schools. advised to complete an application under the Ultimate acquisition of sites is dependent on summer works scheme for roof replacement. This the availability of funding and the priority to be new scheme caters for works that can be planned accorded to each individual project. The same and delivered during the summer holidays. The criteria used to prioritise large-scale capital 2004 programme will be updated in early spring projects are also used to prioritise site to provide details of approved projects under acquisitions. These criteria were first published in the scheme. the 2003 school building programme and are A consultant working for the health and safety again set out in the 2004 programme which I unit of the Office of Public Works has also visited published in December 2003. the school to prepare a report on the asbestos. \ With funding of 32 million available in 2004 The consultant has advised that the air tests for site acquisitions, my Department intends to carried out are clear and the Office of Public purchase a significant number of sites during Works will continue to monitor this situation. 2004. However, due to commercial sensitivities of The large-scale project, which will involve site acquisition, it is not proposed at this stage to works in both the junior and senior schools is at identify the specific sites to be acquired. an advanced stage of architectural planning. It is However, this information will be placed on my listed in section eight of the school building Department’s website when the relevant programme. The budget announcement acquisitions have been completed. regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for Special Educational Needs. the school building programme which in turn will 485. Mr. McCormack asked the Minister for give greater clarity regarding projects that are not Education and Science if an additional resource progressing in this year’s programme. I will make teacher will be appointed to Cong national a further announcement in that regard during school, Cong, County Mayo, in view of the fact the year. that a number of children attending the school require special attention as they have learning Services for People with Disabilities. difficulties and that the school has a teacher 487. Mr. Crowe asked the Minister for available; and if he will make a statement on the Education and Science his views on the fact that matter. [1739/04] all schools should be wheelchair accessible; the Minister for Education and Science (Mr. N. support he intends to provide to make schools in Dempsey): I understand that the Deputy’s office the State accessible to students and members of has clarified that the question relates to a specific the public who use wheelchairs. [1741/04] pupil in the school. I can confirm that my Minister for Education and Science (Mr. N. Department received a professional report for Dempsey): It is policy of my Department to the pupil in October 2003. However, my provide all new schools with access facilities and Department has no record of having received an special toilets to cater for disabled students and application from the school for special education teachers. In the architectural design of emergency needs, SEN, supports. My officials will contact evacuation routes, account is also taken of the the school to clarify the position shortly. requirements of students and teachers with 513 Questions — 27 January 2004. Written Answers 514 disabilities. New schools with two stories or more Accordingly, applicants must satisfy the are provided with lifts. The school authorities are Department of Education and Science that they advised of accessibility requirements by my are competent to teach the Irish language and to Department and the relevant design teams during teach the range of primary school curricular the architectural planning process. Priority is subjects through the medium of Irish before given to applications from existing schools which being granted full recognition to teach in make application for grant-aid towards the mainstream classes in national schools. provision of access and other facilities for the Teachers trained outside the jurisdiction of the physically disabled. State, whose qualifications have been assessed 488. Mr. Crowe asked the Minister for and accepted by my Department, but who do not Education and Science if his attention has been possess an appropriate Irish language drawn to the fact that St. Dominic’s national qualification, are granted a five year period of school, Tallaght, Dublin 24, located in a provisional recognition to teach in mainstream disadvantaged part of Dublin, is without classes in national schools. During this period wheelchair access; and if he will consider these teachers are expected to obtain their Irish providing the school’s board of management with language qualification. To become fully resources to undertake this work. [1742/04] recognised, they must pass the written, aural and oral parts of an examination in the Irish language Minister for Education and Science (Mr. N. an scru´ du´ le haghaidh ca´ilı´ochta sa Ghaeilge, Dempsey): The management authority of St. SCG. These teachers are remunerated in the Dominic’s national school may apply for funding same manner as fully qualified teachers during for the works identified as necessary through the the period of provisional recognition. The SCG summer works scheme. I announced details of examination is held twice each year in four this new scheme in December 2003. An centres, Athlone, Dublin, Cork and Sligo. advertisement regarding this scheme was posted Applications for the examination are processed in all national print and principal or chief local- by primary administration section 1 of my provincial print media in December. Full details Department in Athlone. Applicants must be of the scheme are published on my Department’s holders of provisional recognition. website at www.education.ie. The closing date for The report of the working group, that was receipt of applications is Friday next, 30 January established in 2001 to review all aspects of the 2004. syllabus and examination for the SCG, was recently submitted to me. Issues dealt with in the Teaching Qualifications. report include the content and format of the examination modules, the standard of the 489. Mr. Rabbitte asked the Minister for examinations and the period of provisional Education and Science his plans regarding the recognition granted to applicants within which SCG requirement in the Irish language for they are expected to pass the SCG. The report primary teachers trained outside the State, to is currently under consideration and decisions in make the examination more realistic in view of respect of the recommendations contained in it the language level utilised in primary schools and will be taken in due course. the related teaching requirements; when a clear The review group has drafted an interim syllabus with contents of course, details of syllabus. The redrafted syllabus was circulated to marking scheme and guidelines for candidates all schools in December 2002 and the SCG and SCG course providers will be available; if the examinations held on 29, 30 and 31 October, 2003 review committee he established has reported to were the first series of SCG examinations to be him and its views on the five-year time limit now based on this syllabus. The groups has also applying to applicants seeking to secure the SCG; drafted a handbook for the examination. The the assurances he will give to teachers who have handbook will contain detailed information on not secured the full SCG that they will get the SCG and will provide answers to a wide range reasonable time beyond the five years to achieve of questions raised by candidates. It is also the SCG; the position in respect of teachers who planned to produce a textbook of relevant prose are not required to teach Gaeilge, including and poetry for future examinations. certain special schools, resource, learning support My Department grants restricted recognition to and special class teachers; the reason such certain categories of teachers, who are not fully teachers are required to take SCG; if time will qualified to teach mainstream classes in national be counted against the five year limit only during schools, to render them eligible to teach in certain school years when teachers referred to above are special schools and in the categories of special actually teaching Gaeilge; and if he will make a classes in mainstream schools where Irish is not a statement on the matter. [1743/04] curricular requirement. These teachers are Minister for Education and Science (Mr. N. entitled to be placed on the trained teacher’s Dempsey): Teachers in national schools are common basic scale. Such teachers are also generalists rather than subject specialists and eligible for posts as resource teachers for children must be qualified to teach the range of primary with special needs in mainstream schools, but are school subjects to children aged four to 12 years. not eligible for learning support posts in 515 Questions — 27 January 2004. Written Answers 516

[Mr. N. Dempsey.] The introduction to the primary school mainstream schools. Teachers who hold restricted curriculum, 1999, provides a suggested minimum recognition are not required to take the SCG weekly time framework. For the first time, a unless they wish to teach in mainstream classes in period of discretionary curriculum time, two national schools. hours per week for pupils in first to sixth classes, was included. This time can be allocated at the 490. Mr. Rabbitte asked the Minister for discretion of the teacher and the school to any of Education and Science the reasons he has the subjects on the curriculum, including Irish, in reduced the numbers on the postgraduate response to children’s needs in particular areas of primary teacher training programmes this year, in learning. The inclusion of discretionary view of the large number of unqualified curriculum time meant that the recommended personnel employed as teachers and the times for most of the other subjects was reduced. Government’s programme commitments on class In addition, the primary school curriculum size in primary schools. [1744/04] distinguishes between the first language and the second language of teaching and learning. It Minister for Education and Science (Mr. N. suggests four hours for the formal teaching of Dempsey): The graduate diploma course is a full- Irish in the case of Gaeltacht and Irish-medium time course run to enable third level graduates to schools in first to sixth classes and three hours train as primary teachers. The course was and thirty minutes for the formal teaching of the introduced as a response to a shortage in the subject where Irish is taught as a second supply of primary teachers. It was first provided language. The curriculum also strongly in the 1995-96 academic year in four of the recommends that Irish be used frequently in colleges of education and has been repeated on a classroom interactions and communication and as number of occasions since then. a medium for teaching some aspects of the There are currently 3,500 students enrolled and curriculum other than Irish in English-medium pursuing various stages of primary teacher schools to reinforce the knowledge gained in training programmes in the colleges of education. formal Irish lessons and to provide opportunities Based on the significant increase in the output to use the language in real situations. of qualified teachers coming from the colleges of No major scientific study of the standards of education and having considered the range of pupil achievement in Irish has been published additional measures in place to address the since Dr. John Harris’s work, “Spoken Irish in supply of qualified teachers, my Department has Primary Schools”, appeared in 1984. However, a requested the colleges of education to provide significant study of pupil achievement in Irish in another postgraduate course to commence early sixth class, commissioned by my Department, was in 2004 and to revert to 280 places as had carried out by the Educational Research Centre previously been the case. The position with in 2002 and its results are awaited. The number regard to future years will be considered in the and percentage of candidates taking the higher or context of teacher supply and available resources. honours paper in the established leaving certificate for the past three years were as Languages Programme. follows: 2001, 15,719 or 30.93%; 2002, 14,901 or 491. Mr. Rabbitte asked the Minister for 30.36%; and 2003,15,102 or 30.31%. The Education and Science the level of time reduction percentages of candidates receiving grade C or for teaching Gaeilge in primary schools arising better were as follows: 2001, 79.20%; 2002, from the revised curriculum, with regard to the 83.80%; and 2003, 80.30%. teaching of Irish in schools; if there is evidence Entry requirements for admission to third level available to him regarding standards of pupil courses are generally set down by the relevant achievement and trends over the years; the higher education institutions. However, my number and percentage of candidates currently Department specifies the entry requirements for taking honours Gaeilge at leaving certificate and entry to colleges of education. The entry those achieving a grade C or better on the requirements specify that all candidates, honours paper; and the third level courses in including school leavers, mature students and respect of which his Department has made university graduates must have a minimum of a Gaeilge and honours Gaeilge compulsory. grade C in higher level in Irish in the leaving [1745/04] certificate or an approved equivalent. The relevant courses are the Bachelor of Education Minister for Education and Science (Mr. N. degree course and the Graduate Diploma in Dempsey): The primary school curriculum 1971 Education, Primary Teaching. did not recommend a particular time allocation for the teaching of Irish. However, an allocation Educational Disadvantage. suggested at some inservice courses, which recommended five hours weekly for Irish in first 492. Mr. Rabbitte asked the Minister for to sixth classes, was widely accepted. No Education and Science the new programmes and distinction was made between the pupil’s first and additional funding to tackle educational second languages in this recommendation. disadvantage at primary and post-primary level 517 Questions — 27 January 2004. Written Answers 518 which he has introduced since coming to concerns is to improve the level of integration office. [1746/04] between the various educational disadvantage programmes operated by my Department. In this Minister for Education and Science (Mr. N. regard, I have requested the committee to Dempsey): Since my appointment as Minister for undertake a “root and branch” review of all of Education and Science, I have made it clear at the programmes to ensure optimum synergy and every opportunity that addressing educational integration between them. The committee is disadvantage is my top priority. It is my intention currently engaged in this review. to ensure that available educational resources are targeted at the most disadvantaged people in the Departmental Offices. education system at all levels. My overall approach to tackling educational 493. Mr. Rabbitte asked the Minister for disadvantage is set in the context of the Education and Science the progress being made Government’s national action plan against on the provision of a local office of his poverty and social exclusion 2003-05 and the Department in Tallaght, including progress on latest social partnership agreement, Sustaining finding a location and deciding on an opening Progress, which contains a special initiative date. [1747/04] focused on tackling educational disadvantage: Minister for Education and Science (Mr. N. literacy, numeracy and early school leavers. Dempsey): The Office of Public Works has \ I provided 460 million in 2003 for measures agreed a lease arrangement with South Dublin designed to counter educational disadvantage by County Council for accommodation for the targeting resources at pupils from disadvantaged proposed regional office to serve the south backgrounds. This included provision for the County Dublin area. The offices will be located following initiatives: pre-school programmes such in part of the council’s premises in County Hall, as the early start pilot project which caters for Belgard Square North, Town Centre, Tallaght. pupils aged three to four years who are most at Work has commenced on the fitout of the risk in areas of social disadvantage; accommodation. In the interim, South Dublin disadvantaged programmes at primary level such County Council is willing to provide some as the disadvantaged areas scheme, the home- temporary accommodation. school liaison scheme and the giving children an The training of staff and the provision of even break programme; post-primary level telephone, IT and other facilities is currently in disadvantaged schemes such as the disadvantaged progress. I will arrange to have the Deputy areas scheme and the home school community informed when the offices are ready for public liaison scheme; the school completion opening. programme which operates at primary and post- primary level and is a key component of my Question No. 494 answered with Question Department’s strategy to discriminate positively No. 387. in favour of children and young people who are at risk of early school leaving; disadvantaged youth Higher Education Grants. schemes; further education measures such as the back to education initiative, the youthreach 495. Mr. Naughten asked the Minister for programme and the adult literacy programme; Education and Science if a decision will be made measures specifically designed to broaden access on a higher education grant appeal for a person to third level education for students from (details supplied) in County Roscommon; and if disadvantaged backgrounds. he will make a statement on the matter. In addition, in May 2003 I announced a new [1771/04] package of measures costing \42 million in a full Minister for Education and Science (Mr. N. year to further address and ameliorate the Dempsey): The decision on eligibility for third problems facing students from low to moderate level grants is a matter for the relevant local income households in accessing third level authority or VEC. These bodies do not refer education. This package combines substantial individual applications to my Department except improvements in the level and coverage of the in exceptional cases where, for example, advice maintenance grants for those on low to moderate or instruction regarding a particular clause in the incomes, with increases in the level of “top-up” relevant scheme is desired. It appears that no grant for those who are most disadvantaged. such advice or instruction has, to date, been In all this work I am advised by the statutory sought in the case of the student referred to by Educational Disadvantage Committee set up the Deputy. under the Education Act 1998, to advise on the If an individual applicant considers that s/he policies and strategies to be adopted to identify has been unjustly refused a maintenance grant or and correct educational disadvantage. This that the rate of grant awarded is not the correct committee, chaired by Professor A´ ine Hyland, one, s/he may appeal to the relevant local brings together experts from across the authority or VEC. Where an individual applicant community of education interests and is an has had an appeal turned down in writing by the important resource for me in ensuring that real relevant local authority or VEC and remains of progress is made in this area. One of my key the view that the body has not interpreted the 519 Questions — 27 January 2004. Written Answers 520

[Mr. N. Dempsey.] resource teaching support for the pupil in schemes correctly in his or her case, a letter question during the period 15 February 2003 to outlining the position may be sent to my 31 August 2003. My Department has no record of Department. Alternatively, as already indicated, receiving an application from the school for the local authority or VEC may, in exceptional special needs assistant support for this pupil circumstances, seek clarification on issues from during the same period. SER applications my Department. However, it is not open to me received between 15 February and 31 August or my Department to depart from the terms of 2003, including the one made by this school, are the maintenance grants schemes in individual being considered at present. In all, more than cases. 5,000 such applications were received. Priority was given to cases involving children starting Schools Refurbishment. school last September and all these cases were 496. Mr. O’Connor asked the Minister for responded to at or before the commencement of Education and Science if his attention has been the current school year. drawn to the fact that St. Kilian’s junior national The balance of more than 4,000 applications school in Kingswood Heights, Tallaght, Dublin has been reviewed by a dedicated team 24, had to close on 16 January 2004 to facilitate comprising members of my Department’s essential repairs to its roof; if he will send his inspectorate and the national educational inspectors to the school and evaluate this most psychological service. These applications are serious situation; if he will prioritise funding for being further considered in the context of the this school; and if he will make a statement on outcome of surveys of SER provision conducted the matter. [1773/04] over the past year or so. Account is also being taken of the data submitted by schools as part of Minister for Education and Science (Mr. N. the recent nationwide census of SER provision. Dempsey): With regard to the roof damage, one The processing of the applications is a complex of my Department’s technical staff visited the and time consuming operation. However, my school and reported that the damaged part of the Department is endeavouring to have this roof has now been repaired. The cost of these completed as quickly as possible and my officials repairs was dealt with by the school through its will then respond to all applicant schools. insurance. The school has also been advised to Pending a response, schools are advised to refer complete an application under the summer works to circular 24/03, which issued in September 2003. scheme for roof replacement. This new scheme This circular contains practical advice on how to caters for works that can be planned and achieve the most effective deployment of delivered during the summer holidays. The 2004 resources already allocated for special programme will be updated in early spring to educational needs within the school. provide details of approved projects under the scheme. Higher Education Grants. A consultant working for the health and safety unit of the Office of Public Works has also visited 498. Mr. Ring asked the Minister for Education the school to prepare a report on the asbestos. and Science the reason a person (details supplied) The consultant has advised that the air tests in County Mayo, who is a mature student, has not carried out are clear and the Office of Public received the top-up grant. [1778/04] Works will continue to monitor this situation. The large scale project, which will involve Minister for Education and Science (Mr. N. works in both the junior and senior schools, is at Dempsey): The report of the action group on an advanced stage of architectural planning. It is access to third level education makes detailed listed in section 8 of the school building recommendations concerning the introduction of programme. The budget announcement special rates of maintenance grants for regarding multi-annual capital envelopes will disadvantaged students, usually referred to as enable me to adopt a multi-annual framework for top-up grants. In order to qualify for the special the school building programme which in turn will rate of maintenance grant a candidate must meet give greater clarity regarding projects that are not a number of conditions, one of which is that s/he progressing in this year’s programme. I will make must already qualify for one of my Department’s a further announcement in that regard during ordinary maintenance grants. the year. My Department funds three means tested maintenance grant schemes for third level Special Educational Needs. education students in respect of attendance on approved courses in approved third level 497. Mr. Ring asked the Minister for Education institutions and one grant scheme in respect of and Science when a person (details supplied) in post-leaving certificate courses: the higher County Mayo who was approved a special needs education grants scheme; the vocational assistant in 2003 will receive this help. [1777/04] education committees’ scholarship scheme; the Minister for Education and Science (Mr. N. third level maintenance grants scheme for Dempsey): My Department received an trainees; maintenance grants scheme for students application from the school concerned for attending post-leaving certificate or PLC courses. 521 Questions — 27 January 2004. Written Answers 522

Where a student is already in receipt of a grant Riverstown, Glanmire, County Cork, is listed in under one of these schemes, s/he may apply to section 8 of the 2004 school building programme the relevant local authority or VEC for the which is published on my Department’s website special rate of grant. Decisions on applications at www.education.ie. This proposed project is at are taken by these bodies, based on the stage 3, developed sketch scheme, of architectural conditions and terms issued by my Department. planning. It has been assigned a band 2 rating by These bodies do not refer individual applications my Department in accordance with the published to my Department except in exceptional cases criteria for prioritising large scale projects. The where, for example, advice or instruction proposed project will be authorised to progress to regarding a particular condition is desired. It advanced architectural planning during 2004. appears that no such advice or instruction has, to Indicative timescales have been included for date, been sought in the case of the student large scale projects proceeding to tender in 2004. referred to by the Deputy. If an individual The budget announcement regarding multi- applicant considers that s/he has been unjustly annual capital envelopes will enable me to adopt refused the special rate of maintenance grant, a multi-annual framework for the school building s/he may appeal to the relevant local authority programme which, in turn, will give greater or VEC. clarity regarding projects that are not progressing Where an individual applicant has had an in this year’s programme. I will make a further appeal turned down, in writing, by the relevant announcement in that regard during the year. local authority or VEC and remains of the view that the body has not interpreted the conditions Higher Education Grants. correctly in his/her case, a letter outlining the 502. Mr. Ring asked the Minister for Education position may be sent to my Department. No and Science if a person (details supplied) in appeal has been received in the student support County Mayo will qualify for a top-up grant unit of my Department from the student referred 2003/2004. [1793/04] to by the Deputy. Alternatively, as already indicated, the local authority or VEC may, in Minister for Education and Science (Mr. N. exceptional circumstances, seek clarification on Dempsey): The report of the action group on issues from my Department. access to third level education makes detailed It is not open to me or to my Department to recommendations concerning the introduction of depart from the terms of the schemes in special rates of maintenance grants for individual cases. disadvantaged students, usually referred to as top-up grants. In order to qualify for the special School Accommodation. rate of maintenance grant a candidate must meet a number of conditions, one of which is that s/he 499. Mr. English asked the Minister for must already qualify for one of my Department’s Education and Science if St. Stephen’s primary ordinary maintenance grants. school, Johnstown, Navan, County Meath, will My Department funds three means tested receive funding for the resurfacing of the maintenance grant schemes for third level playground in 2004; and if he will make a education students in respect of attendance on statement on the matter. [1787/04] approved courses in approved third level Minister for Education and Science (Mr. N. institutions and one grant scheme in respect of Dempsey): My Department has recently received post-leaving certificate courses: the higher an application for funding towards the cost of education grants scheme; the vocational resurfacing the playground at St. Stephen’s education committees’ scholarship scheme; the primary school, Navan, County Meath. This third level maintenance grants scheme for application is currently under consideration trainees; maintenance grants scheme for students within my Department. attending post-leaving certificate or PLC courses. Where a student is already in receipt of a grant Question No. 500 answered with Question under one of these schemes, s/he may apply to No. 388. the relevant local authority or VEC for the special rate of grant. Decisions on applications Schools Building Projects. are taken by these bodies, based on the conditions and terms issued by my Department. 501. Mr. Allen asked the Minister for These bodies do not refer individual applications Education and Science when St. Joseph’s national to my Department except in exceptional cases school, Riverstown, Glanmire, County Cork, will where, for example, advice or instruction be allowed to go for planning permission and regarding a particular condition is desired. It when it will receive approval of its revised stage 3 appears that no such advice or instruction has, to documents which have been with his Department date, been sought in the case of the student since August 2002 to allow it to go for planning referred to by the Deputy. If an individual permission. [1792/04] applicant considers that s/he has been unjustly Minister for Education and Science (Mr. N. refused the special rate of maintenance grant, Dempsey): The proposed large scale building s/he may appeal to the relevant local authority project for St. Joseph’s national school, or VEC. 523 Questions — 27 January 2004. Written Answers 524

[Mr. N. Dempsey.] but are not eligible for learning support posts in Where an individual applicant has had an mainstream schools. appeal turned down, in writing, by the relevant Teachers with restricted recognition, working local authority or VEC and remains of the view in a post their recognition entitles them to hold, that the body has not interpreted the conditions are entitled to be placed on the same salary scale correctly in his/her case, a letter outlining the and enjoy the same sick leave and pension position may be sent to my Department. No entitlements as fully recognised teachers. They appeal has been received in the student support are not, however, recognised as qualified to teach unit of my Department from the student referred in mainstream classes in national schools and to by the Deputy. Alternatively, as already would therefore be regarded as untrained in indicated, the local authority or VEC may itself, respect of any service in a temporary post in a in exceptional circumstances, seek clarification on mainstream class. issues from my Department. Teachers with the Montessori qualification It is not open to me or to my Department to which is awarded on completion of the three year depart from the terms of the schemes in full-time course in the Association Montessori individual cases. Internationale — AMI — College, Mount St. Mary’s, Milltown, Dublin 14, and teachers trained Schools Building Projects. in St. Nicholas, Du´ n Laoghaire, Montessori school, who have successfully completed the full- 503. Cecilia Keaveney asked the Minister for time course of at least three years duration Education and Science the position regarding an accredited by the National Council for extension to a school (details supplied) in County Educational Awards may be granted restricted Donegal; and if he will make a statement on the recognition. These conditions are set out in matter. [1808/04] circular 25/00, recognition of teacher Minister for Education and Science (Mr. N. qualifications for the purpose of teaching in Dempsey): The proposed large scale building national schools. It is open to any other project for the school referred to by the Deputy Montessori course provider to submit a course to is listed in section 9 of the 2004 school building the Higher Education and Training Awards programme which is published on my Council or HETAC for accreditation. Without Department’s website at www.education.ie. This such accreditation, my Department will not proposed project is at stage 1 of architectural approve the course for the purposes of planning, initial sketch. It has been assigned a employment as a primary teacher. band 3 rating by my Department in accordance with the published criteria for prioritising large Bullying in the Workplace. scale projects. 505. Mr. J. Higgins asked the Minister for Indicative timescales have been included in the Education and Science his plans to carry out a school building programme for large scale study of the extent of the problem of bullying in projects proceeding to tender in 2004. The budget Irish universities. [1847/04] announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual 506. Mr. J. Higgins asked the Minister for framework for the school building programme Education and Science the total cost in legal fees which, in turn, will give greater clarity regarding for each university arising from Irish universities projects that are not progressing in this year’s contesting cases of bullying through the courts programme. I will make a further announcement between 1998-2003. [1848/04] in that regard during the year. 507. Mr. J. Higgins asked the Minister for Education and Science the total number of cases Teaching Qualifications. relating to bullying involving staff or ex-staff of 504. Mr. J. O’Keeffe asked the Minister for Irish universities brought through the courts Education and Science the reason primary school between 1998-2003. [1849/04] teachers who have Montessori degrees are 508. Mr. J. Higgins asked the Minister for classed as unqualified and therefore denied sick Education and Science the amount of money leave, holiday pay, normal salaries and pension expended in out of court settlements between entitlements; and when this anomaly will be 1998-2003 arising from Irish universities removed. [1815/04] contesting cases of bullying through the courts. Minister for Education and Science (Mr. N. [1850/04] Dempsey): My Department grants restricted 509. Mr. J. Higgins asked the Minister for recognition to certain categories of teachers, who Education and Science the number of out of court are not fully qualified to teach in mainstream settlements between 1998-2003 arising from Irish national schools, to render them eligible to teach universities contesting cases of bullying through in certain special schools and in the categories of the courts. [1851/04] special classes in mainstream schools where Irish is not a curricular requirement. Such teachers are Minister for Education and Science (Mr. N. also eligible for posts as resource teachers for Dempsey): I propose to take Questions Nos. 505 children with special needs in mainstream schools to 509, inclusive, together. 525 Questions — 27 January 2004. Written Answers 526

The Universities Act 1997 confers autonomous unresolved in the course of direct negotiation; statutory responsibilities on universities in the and if he will make a statement on the matter. day-to-day management of their affairs. My [1854/04] Department does not collect information on the issues raised by the Deputy. I have no proposals Minister for Education and Science (Mr. N. to carry out a study on bullying in Irish Dempsey): The Deputy is referring to the universities. announcement in budget 2004 of the Government decision that the minimum pension age should be Special Educational Needs. increased to 65 years for most new entrants to the public service, including teachers, from 1 April 510. Mr. R. Bruton asked the Minister for 2004. Education and Science if, in the new provision for In announcing the Government’s decision on children with special needs, he is abandoning the pension age, and also on the intended abolition of existing classification of special needs with their compulsory retirement age for most new entrant designated numbers of hours of resource teaching public servants from 1 April 2004, the Minister requirement; the proposed new national waiting for Finance stated that the public service unions system for special needs which will ensure that would be fully informed about the individual children get the necessary back up; and implementation of the reforms in advance of their if he will make a statement on the matter. introduction with effect from 1 April 2004. I can [1852/04] confirm that the process of informing the public 511. Mr. R. Bruton asked the Minister for service unions has commenced. Since the Education and Science the assessment he has Government has already taken its decision on carried out of the capacity of schools to these changes affecting new entrants, the issues undertake the proposed new duties in devising of negotiation and arbitration do not arise. programmes for children with special needs, The minimum pension age for existing public without creating difficulties for principals and servants is not in any way affected by the other teachers in undertaking their existing Government decision. duties; the technical support he will be providing to schools to assist them in undertaking the new Schools Building Projects. planning duties. [1853/04] 513. D’fhiafraigh Mr. Kenny den Aire Minister for Education and Science (Mr. N. Oideachais agus Eolaı´ochta an bhfuil se´ i gceist Dempsey): I propose to take Questions Nos. 510 aige cead a thabhairt don Roinn suı´omh a and 511 together. cheannach do Ghaelscoil i gContae Mhaigh Eo, I am most anxious that all children with special (faisne´is curtha leis seo) agus an nde´anfaidh se´ educational needs should receive an education ra´iteas ina leith. [1867/04] appropriate to those needs. My Department is Minister for Education and Science (Mr. N. currently reviewing existing arrangements for the Dempsey): Ta´ se´ beartaithe ag mo Roinn lı´on allocation of special educational supports to suntasach suı´omh a cheannach le linn 2004. Is e´ primary schools. In that context, my officials have an leibhe´al maoinithe a bheidh ar fa´il do initiated discussions on the matter with cheannach na suı´omh do scoileanna representative interests. At this stage, it would be bunoideachais agus iarbhunoideachais na´ \ 32 premature to anticipate the outcome. milliu´ n. De bharr an ı´ogaireacht thra´chta´la a Staff in schools catering for pupils with special bhaineann le ceannach suı´omh nı´lse´ beartaithe educational needs will continue to be supported ag an bpointe seo aon eolas a thabhairt faoi aon by my Department through the provision of suı´omh ata´ le baint amach. Beidh an t-eolas seo, appropriate inservice training. In addition, I have a´fach, ar fa´il ar la´ithrea´n gre´asa´in na Roinne established the national council for special www.education.ie nuair a bheidh na he´ada´lacha education, which will, when operational, provide cuı´ de´anta. ongoing support and advice on special needs to individual schools. The council is, at present, Institutes of Technology. arranging for the recruitment of special educational needs organisers, who will liaise 514. Mr. Naughten asked the Minister for directly with schools catering for special needs Education and Science the reason a new children. registration charge has been placed on apprentices attending institutes of technology; Pension Provisions. and if he will make a statement on the matter. [1868/04] 512. Mr. R. Bruton asked the Minister for Education and Science his plans to open Minister for Education and Science (Mr. N. negotiations with the representatives of Dempsey): In 2003 I received requests from a employees in the public service who are affected number of governing bodies of institutes of by the new proposals for pension entitlements of technology for approval to apply the student new entrants; when these negotiations will service charge to defray the costs of registration, commence; the procedures for arbitration which examinations and student services, to students will be used in the event of issues being enrolled on FA´ S apprenticeship courses. The 527 Questions — 27 January 2004. Written Answers 528

[Mr. N. Dempsey.] When publishing the 2004 school building institutes argued that a pro rata charge should be programme, I outlined that my strategy will be levied on apprentices on the basis that they avail grounded in capital investment based on multi- of the full range of services provided to students. annual allocations. My officials are reviewing all The institutes considered that it was inequitable projects which were not authorised to proceed to to levy the charge on full-time students only and construction as part of the 2004 school building that the full-time students were effectively programme, with a view to including them as part subsidising apprentices through their of a multi-annual school building programme contributions toward the cost of providing from 2005. I expect to be in a position to make student services. further announcements on this matter in the Following consideration of the case made by course of the year. The project referred to by the the institutes of technology, I decided to approve Deputy will be considered in this regard. the introduction of a pro rata student services 517. Mr. Crowe asked the Minister for charge for FA´ S apprentices to commence in Education and Science if he will review the January 2004. situation with regard to St. Dominic’s College, Ratoath Road, Dublin 7, which was promised Schools Building Projects. funding in 2003 that has yet to materialise; and if 515. Mr. McCormack asked the Minister for he will make a statement on the matter. Education and Science the school projects placed [1882/04] on the yearly list based on transparent definite Minister for Education and Science (Mr. N. analysis by his Department; the reason scoil Dempsey): The large scale building project at St. naisiu´ nta Tuairini, Moycullen, County Galway, Dominic’s College, Ratoath Road, Dublin 7 is and some other schools in County Galway were listed in section 8 of the 2004 school building not chosen for the pilot scheme; if SN Tuairini programme which is published on my was considered; if not, if it was deemed as not Department’s website at www.education.ie. This an urgent accommodation need; the position in project is at an advanced stage of architectural regard to SN Tuairini’s application; if it is being planning. It has been assigned a band 2 rating by considered for a new school; and if funding will my Department in accordance with the published be forthcoming in 2004 for the construction of criteria for prioritising large scale projects. such a school. [1871/04] The budget announcement regarding multi- Minister for Education and Science (Mr. N. annual capital envelopes will enable me to adopt Dempsey): The 2004 school building programme a multi-annual framework for the school building was published in December last and is available programme which, in turn, will give greater on the Department’s website at clarity regarding projects that are not progressing www.education.ie. When publishing the in this year’s programme. I will make a further programme, I outlined that my strategy will be announcement in that regard during the year. grounded in capital investment based on multi- 518. Mr. P. McGrath asked the Minister for annual allocations. Education and Science the expenditure ceiling for My officials are reviewing all projects which primary schools which have been selected for were not authorised to proceed to construction as capital works under this scheme; the way he part of the 2004 school building programme, with expects major proposed developments such as a view to including them as part of a multi-annual Dysart NS and Fore NS to be scaled down to fit school building programme from 2005. I expect within this budget. [1927/04] to be in a position to make further announcements on this matter in the course of Minister for Education and Science (Mr. N. the year. Scoil naisiunta Tuairini, Moycullen, Dempsey): The small and rural primary schools County Galway, will be considered in this regard. initiative operates on a devolved basis. It allows boards of management to address the 516. Mr. Kenny asked the Minister for accommodation and building priorities with a Education and Science if he has received an guaranteed amount of funding and gives the application for funding for the provision of toilet boards control over the pace at which building facilities at a school (details supplied) in County works proceed. The amount of the grant ranges Mayo; his views in regard to this application; if in between \100,000 and \350,000, depending on view of the relatively small amount involved he the pupil enrolment and the size of the school. will include this immediately in the scheme for This initiative is aimed at schools with a small improvements for primary schools; and if maximum of four classrooms. Closing date for he will make a statement on the matter. accepting invitations into the pilot initiative is [1872/04] Friday, 30 January 2004. My Department does not intend increasing the Minister for Education and Science (Mr. N. amount of the grant offered to schools under this Dempsey): My Department has received an initiative. This provision is necessary because a application for additional accommodation at the central tenet of the devolved scheme is that a school referred to by the Deputy. school authority, granted discretion and 529 Questions — 27 January 2004. Written Answers 530 guaranteed funding to enable immediate progress and if he will make a statement on the matter. on its accommodation needs, must equally accept [1957/04] responsibility for prioritisation, control of costs and ensuring value for money. Minister for Education and Science (Mr. N. Dempsey): My Department allocates resource Higher Education Grants. teacher and special needs assistant support to 519. Mr. McGuinness asked the Minister for second level schools to cater for pupils with Education and Science the reason an appeal for special eduational needs. Applications for such a HEA grant was refused in the case of a person support are made by the relevant school (details supplied) in County Dublin; if the authorities. Each application is considered on the circumstances of the case can be reviewed again; basis of the assessed needs of the pupil/s and if the regulations will be reviewed as they are concerned and responses are determined on the unreasonable in view of the circumstances of this advice of the National Educational case. [1955/04] Psychological Service. An application for support in respect of the Minister for Education and Science (Mr. N. student in question has been forwarded to the Dempsey): Under the terms of my Department’s National Educational Psychological Service for its higher education grants scheme, a student is not recommendation as to the nature and level of eligible for grant assistance in respect of a second support required. As soon as the report of the period of study at the same level, irrespective of psychological service has been received and whether a grant was paid previously. The scheme considered, my Department will notify the school also provides that grants may not be paid to authorities of the outcome of its application. candidates who already hold a postgraduate qualification and are pursuing a second Local Development Plans. postgraduate qualification. Notwithstanding this condition, candidates who 522. Mr. Howlin asked the Minister for already hold a postgraduate qualification and are Education and Science if he will provide the progressing to a further postgraduate course at a names of all local authorities that have complied higher level, which represents progression from with the requirement that county council’s when the level at which the previous postgraduate preparing county plans consult with the qualification was attained, may be deemed Department of Education and Science to eligible for grant aid. My Department establish the educational needs under the understands that, in the case cited by the Deputy, Planning and Development Act 2000, by 31 progression at postgraduate level is not involved December 2003; the action his Department has and, accordingly, the student in question is not taken to ensure that all local authorities comply eligible for grant assistance under the terms of with the requirement; the action his Department the maintenance grants scheme. has taken to ensure that all county plans provide adequate space for school buildings; and if he will Special Educational Needs. make a statement on the matter. [1958/04] 520. Mr. McGuinness asked the Minister for Minister for Education and Science (Mr. N. Education and Science if he will expedite a Dempsey): I am among the prescribed authorities decision in the case of a person (details supplied) to whom local authorities are statutorily obliged in County Kilkenny whose parents have appealed to send draft development plans or proposed to the Department for extra hours of home variations to development plans. Since these tuition; if the Department will issue a plans tend to be routinely submitted to my comprehensive response to these submissions. Department from local authorities, detailed [1956/04] records of compliance in this matter are not maintained. Minister for Education and Science (Mr. N. A formal structure exists whereby officials of Dempsey): My officials issued a reply to the my Department’s school planning section mother of the child referred to by the Deputy on regularly meet with officials of the Dublin local 23 January 2004. The response referred to a authorities to discuss development proposals and number of issues surrounding the special consequent site requirements for new schools. educational needs of the child. The formal structured approach to engaging with My Department’s inspectorate has been local authorities is being extended in the current requested to examine the matter of appropriate year to include a number of key local authorities long-term educational provision for the child. whose areas are experiencing substantial This process will be carried out in consultation demographic change. This proposed structured with the family and other relevant professionals. approach will co-exist alongside the historic if 521. Mr. Carey asked the Minister for more informal approach that has always existed, Education and Science if the application in whereby officials of school planning section keep respect of a student (details supplied) for the in regular contact, as necessary, with local provision of a special needs assistant and resource authorities concerning development proposals teacher will be considered as a matter of urgency; and their implications for school provision. 531 Questions — 27 January 2004. Written Answers 532

Schools Building Projects. Finally, section 12 of the Bill, for the first time, places a statutory duty on the Ministers for 523. Ms Harkin asked the Minister for Education and Science, Health and Children and Education and Science the steps he intends to take to finalise the purchase of the site for the Finance to make resources available to schools community college in Mohill, County Leitrim, in for the provision of adequate and appropriate view of the fact that according to his education to children with special educational Department’s school building programme 2004 needs. In making policy determinations regarding this school is listed to be authorised to proceed the resources to be made available to implement to construction this year and has a timescale to education plans, the Ministers must have regard proceed to tender during the second quarter of to key principles, including the need for equitable 2004. [1959/04] treatment of all children, and that it is the objective of the Bill that it will lead to the Minister for Education and Science (Mr. N. creation of an education system which gives to Dempsey): The proposed large scale building children with disabilities the same opportunity for project for Mohill Community College, County development through education as is given to Leitrim is listed in section 1 of the 2004 school children who do not have disabilities. building programme, which is published on my Department’s website at www.education.ie. The Question No. 525 answered with Question proposed project will be authorised to proceed to No. 388. construction during 2004. Officials from my Department’s school Decentralisation Programme. building unit are currently assessing the correspondence received from the vendor with 526. Mr. R. Bruton asked the Minister for regard to the purchase price for the proposed site. Education and Science if assessments are under- Upon completion of this examination, my way in his Department on the activities proposed Department will be in further contact with for decentralisation; the impact on the operations County Leitrim Vocational Education of the Department; the risks to the organisation Committee. attendant on this move; the measures that will be put in place to minimise disruption; and if these School Staffing. reports will be presented to him at an early date for consideration. [1977/04] 524. Mr. Haughey asked the Minister for Education and Science if schools will need extra Minister for Education and Science (Mr. N. staff and resources to implement the provisions Dempsey): It is proposed to transfer 300 of the Education for Persons with Disabilities Bill departmental staff to Mullingar and 100 to 2003; if school principals will be given an extra Athlone as part of the programme of workload as a result; and if he will make a decentralisation announced on 3 December 2003. statement on the matter. [1960/04] In addition, the National Educational Welfare Board and the NCCA will be transferred to Minister for Education and Science (Mr. N. Portarlington in County Laois and the NQAI, Dempsey): Many of the functions of school HETAC and FETAC to Edenderry in County principals provided for in this legislation simply Offaly. All activities currently undertaken as part reflect the current work of principals. However, I of the work of the headquarters of my am conscious that the Bill will effect a significant Department in Dublin will be transferred. change in the management of special educational needs. As stated in the budget announcement, For this reason, I have included an amendment Ministers with headquarters outside Dublin will on Committee Stage which restates the be provided with a centralised suite of offices for principal’s right to delegate any of his or her a small secretariat to enable them to conduct functions to members of the teaching staff or business while in Dublin and when the Da´il is in other employees of the school as he or she sees session. The Deputy will appreciate that the fit. The amendment also requires the special process of decentralisation is at an early stage of educational needs organiser to assist principals implementation. However, all measures and teachers in carrying out their functions under necessary and consistent with the Government’s the Bill. In addition, I have been careful to announcement on decentralisation will be taken provide for an implementation period of up to to minimise to the greatest extent possible any five years for all provisions of the Bill. This will risks or disruption to the work of my Department ensure that the national council for special or to the services being provided to the public. education will have adequate time to consider the The Deputy will be aware that a substantial implications of the Bill on all the stakeholders, part of my Department’s operations are already including boards of management, teachers and located in Athlone and Tullamore. In accordance principals. The council also has power to make with the Government announcement, a recommendations to me, including decentralisation group has been established in my recommendations on the resources that will have Department and this will report on a regular basis to be made available so that duties under the Bill to the management advisory committee and can be fulfilled. myself. 533 Questions — 27 January 2004. Written Answers 534

School Transport. Department’s inspectorate concerning the child’s long-term educational needs and contact will be 527. Mr. Ellis asked the Minister for Education made with the family in question as part of this and Science if his Department has now approved process. the new transport route for persons (details supplied) who attend a school (details supplied) School Staffing. in County Leitrim. [1990/04] 531. Mr. Timmins asked the Minister for Minister for Education and Science (Mr. N. Education and Science the position in relation to Dempsey): This case is being re-examined by my the application for a full-time resource teacher Department. A further report has been requested for a school (details supplied) in County from Bus E´ ireann. The family referred to in the Wicklow; if sanction can be given as a matter of details supplied will be informed of the outcome urgency; and if he will make a statement on the as soon as the report has been received and matter. [2050/04] assessed. Minister for Education and Science (Mr. N. Schools Building Projects. Dempsey): My Department received an application from the school concerned for 528. Mr. Gilmore asked the Minister for resource teaching support during the period 15 Education and Science the position in regard to February 2003 to 31 August 2003. SER the provision of a new school (details supplied) applications received between 15 February and following the recent meeting between the board 31 August 2003, including the one made by this of management and Department officials; and if school, are being considered at present. In all, he will make a statement on the matter. more than 5,000 such applications were received. [2013/04] Priority was given to cases involving children Minister for Education and Science (Mr. N. starting school last September and all these cases Dempsey): At the recent meeting between the were responded to at or before the board of management and Department officials commencement of the current school year. it was agreed that a new school is the long-term The balance of more than 4,000 applications solution to the accommodation needs of the has been reviewed by a dedicated team school to which the Deputy refers. There are a comprising members of my Department’s number of steps to be taken in progressing this inspectorate and the National Educational agreement and these are being addressed in Psychological Service, NEPS. These applications consultation with the board of management. are being further considered in the context of the outcome of surveys of SER provision conducted School Enrolments. over the past year or so. Account is also being 529. Mr. Curran asked the Minister for taken of the data submitted by schools as part of Education and Science the number of children the recent nation-wide census of SER provision. from Travelling families who were enrolled in The processing of the applications is a complex primary schools in Dublin city and county on 30 and time consuming operation. However, my September 2003; the number that were enrolled Department is endeavouring to have this in Gaelscoileanna, Educate Together schools and completed as quickly as possible and my officials schools in areas designated as disadvantaged; and will then respond to all applicant schools. if he will make a statement on the matter. Pending a response, schools are advised to refer [2041/04] to Circular 24/03, which issued in September 2003. This circular contains practical advice on Minister for Education and Science (Mr. N. how to achieve the most effective deployment of Dempsey): The annual primary census forms for resources already allocated for special the current school year are still being collected, educational needs within the school. checked, inputted and validated within my Department. Therefore, the information Question No. 532 answered with Question requested by the Deputy is not yet available for No. 388. the 2003-04 school year. Schools Building Projects. Special Educational Needs. 533. Mr. Neville asked the Minister for 530. Mr. Ring asked the Minister for Education Education and Science when work will and Science when a person (details supplied) in commence on an extension to Pallaskenry County Mayo will be provided with a special national school, Pallaskenry in County needs assistant, following their assessment in Limerick. [2054/04] 2003; and the reason they are not being Minister for Education and Science (Mr. N. helped. [2042/04] Dempsey): I am pleased to inform the Deputy Minister for Education and Science (Mr. N. that the extension to Pallaskenry national school, Dempsey): I understand the child in question Pallaskenry in County Limerick is listed in does not have a school placement at present. My section 1 of the 2004 school building programme, officials are currently liaising with my which is published on my Department’s website 535 Questions — 27 January 2004. Written Answers 536

[Mr. N. Dempsey.] in 2004. The indicative timescale to tender for the — www.education.ie. Projects listed in section 1 project in question is the second quarter of 2004. will proceed to tender and construction in 2004. 538. Mr. Crawford asked the Minister for The indicative timescale to tender for the project Education and Science when his policy that no in question is the first quarter of 2004. school will jump the queue on the school building 534. Ms Enright asked the Minister for list changed; and if he will make a statement on Education and Science if it is Government policy the matter. [2078/04] to discontinue the provision of PE halls and 539. Mr. Crawford asked the Minister for general purpose rooms in primary schools; and if Education and Science the criteria now used to he will make a statement on the matter. jump the queue on the school building list; and [2070/04] the way in which the following ten schools 535. Ms Enright asked the Minister for (details supplied) moved to construction in 2004 Education and Science the number of primary before Ballybay Community College; and if he schools which were sanctioned funding in the will make a statement on the matter. [2079/04] 2003 and 2004 school building programmes for the provision of PE halls; and if he will make a Minister for Education and Science (Mr. N. statement on the matter. [2071/04] Dempsey): I propose to take Questions Nos. 538 and 539 together. 536. Ms Enright asked the Minister for When publishing the 2004 school building Education and Science the number of schools programme, I outlined changes in format to make which were sanctioned funding in the 2003 and the presentation more user friendly and outlined 2004 school building programmes for the that as 2004 is the European Year of Education provision of general purpose rooms; and if he will through Sport, EYES, a number of PE halls have make a statement on the matter. [2072/04] been included as part of the programme of capital Minister for Education and Science (Mr. N. works. This information and details of Dempsey): I propose to take Questions Nos. 534, modifications to the banding in respect of 535 and 536 together. rationalisation projects at post-primary level is available on my Department’s website — My Department’s planning guidelines for new http:/www.education.ie. schools include, where appropriate, for PE halls and general purpose rooms and these guidelines As outlined in the appendices to the school have not changed. Many of the large-scale building programme, the initial assignment of a projects that are proceeding at primary level as project to a particular band does not preclude its part of the 2004 school building programme subsequent re-assignment to a different band as include provision for general purpose rooms. The circumstances change and this was the case in a outline project brief on all these projects is set out number of projects, which were included in this on my Department’s website at www.education.ie year’s school building programme. As the Deputy and includes references, where appropriate, to will be aware, band 1 status is accorded to general purpose rooms. projects which provide new schools to cater for substantial increase in enrolments in rapidly I am particularly pleased that as 2004 is the developing areas. European Year of Education through Sport, EYES, a number of PE halls have been included I outlined in the 2003 school building as part of this year’s challenging programme of programme that projects are selected on the basis capital works. Some of these PE halls are of objective criteria and operated in an open and approved on the basis that they are part of a joint transparent manner. I assure the Deputy that this programme to develop community sports process has continued in the 2004 school facilities in drugs task force areas. Others are building programme. being approved on the basis that local agreements Question No. 540 answered with Question and management structures will be put in place No. 436. to allow maximum community use outside school hours. Special Educational Needs. 537. Mr. J. O’Keeffe asked the Minister for 541. Ms Enright asked the Minister for Education and Science the plans his Department Education and Science the reason resource hours has for investment at a location in County Cork for a person (details supplied) in County Offaly (details supplied). [2073/04] were cut; if these resource hours will be returned; and if he will make a statement on the matter. Minister for Education and Science (Mr. N. [2086/04] Dempsey): I am pleased to inform the Deputy that the plan for investment at the location Minister for Education and Science (Mr. N. referred to in County Cork is listed in section 1 Dempsey): My Department allocates resource of the 2004 school building programme which is teaching support and special needs assistants published on my Department’s website — support to second level schools and vocational www.education.ie. Projects listed in section 1 are educational committees to cater for students with expected to proceed to tender and construction special educational needs. Applications for such 537 Questions — 27 January 2004. Written Answers 538 support are made to my Department by the schools, including Pallaskenry National School, relevant school authorities. Each application is was paid by my Department on 19 December considered on the basis of the assessed needs of 2003 to cover the 2003-04 school year. the pupil or pupils involved and the nature and level of support provided is determined on the Vocational Education Committees. advice of the psychological service. The student in question had previously 544. Mr. Penrose asked the Minister for attended a special class at primary level. Such Education and Science the steps he will take to special classes are dedicated to pupils in provide funding for vocational education particular disability categories and attract the committees to help fund after-school homework special reduced pupil teacher ratios applicable to clubs for children under 18 years of age; and if he such facilities. The student in question is now will make a statement on the matter. [2098/04] attending a second level school on an integrated Minister for Education and Science (Mr. N. basis where support provided by the individual Dempsey): My Department does not operate a subject teachers is supplemented by the resource specific national scheme for the provision of teacher service. An allocation of four hours homework clubs. However, a range of schemes resource teaching per week has been made aimed at tackling educational disadvantage, available to support the student in question on a under which resources are allocated for the shared basis with two other special needs students provision of a range of holistic supports, enable attending the school. pupils from educationally disadvantaged backgrounds to participate fully in school. Residential Institutions. Some 82 projects, 109 post-primary schools and 542. Ms Enright asked the Minister for 296 primary schools, participate in the school Education and Science the steps taken to identify completion programme, which aims to develop additional institutions which meet the criteria set local strategies to ensure maximum participation down in the Residential Institutions Redress Bill levels in the education process. It entails targeting 2002; when he proposes to exercise his power individual young people of school going age, both under section 4 of the Bill to place any such in and out of school, and arranging supports to additional institutions by ministerial order on the address inequalities in education access, Schedule; and if he will make a statement on the participation and outcomes. Each project site matter. [2087/04] must devise a collaborative programme of in- Minister for Education and Science (Mr. N. school and out-of-school actions, which provide Dempsey): At present 128 institutions are listed after-school, holiday time, home, family and on the Schedule to the Residential Institutions community supports to enhance the young Redress Act. Section 4 of the Act enables person’s readiness to benefit from education. additional institutions that are identified as A total of 2,344 primary schools are reformatory schools, industrial schools, participating in Giving Children an Even Break orphanages, children’s homes and special schools, and are in receipt of additional supports to be in respect of which a public body had a regulatory targeted at disadvantaged pupils. After-school or inspection function, to be added to the support services, which include literacy and Schedule. numeracy, personal development, leisure and My Department has received correspondence sporting activities are among the supports from both individuals and survivor groups provided under this initiative. identifying a number of additional institutions My Department has also provided funding for that may be eligible for inclusion in the Schedule. homework clubs in disadvantaged areas under Discussions have taken place between my the fund for the development of targeted Department and other Departments that may responses to certain children at risk. This fund is have provided a regulatory function in the the responsibility of my colleague, the Minister operation of these facilities in order to ascertain of State, Deputy Brian Lenihan. Its purpose is to whether these institutions are eligible for develop preventative and supportive programmes inclusion. It is my intention that a list of that are targeted at children and young people additional institutions will be brought before both who are at risk of educational disadvantage and Houses of the Oireachtas as soon as the social exclusion. In addition, many of the area verification process is completed. partnership companies have provided homework support under their education measures. Departmental Funding. 543. Mr. Neville asked the Minister for School Transport. Education and Science when funding for the cost 545. Mr. Penrose asked the Minister for of maintaining Pallaskenry national school will be Education and Science the person who has paid. [2096/04] responsibility in respect of the care of school Minister for Education and Science (Mr. N. children who are deposited at their school ten or Dempsey): I am pleased to inform the Deputy 15 minutes prior to the time of opening where that the maintenance grant for all primary such early deposition is necessary to comply with 539 Questions — 27 January 2004. Written Answers 540

[Mr. Penrose.] psychologists, who are expected to take up their the school bus timetable; and if he will make a duties during 2004. statement on the matter. [2099/04] Due to the current general staffing constraints in the public service, it is unlikely that full roll- Minister for Education and Science (Mr. N. out of the psychological service to all schools will Dempsey): In the organisation of the school have been achieved by the target date of 1 transport system, buses are normally required to September 2004. This means that there cannot be operate a number of runs. This is to provide a any major changes in the level of service in basic level of service, while achieving optimum value from resources available. In order to County Kildare during the current school year. facilitate the effective operation of these services, However, I remain committed to the expansion, children may be required to be dropped off prior as resources permit, of NEPS until all schools in to school opening hours or picked up some time the country have access to an educational later than the end of the school day. This is a psychological service. Meanwhile, schools feature of the school transport scheme as without access to the NEPS service may avail of operated throughout the country. the scheme for commissioning psychological Essentially, it is a matter for the managerial assessments, details of which may be found on my authorities of primary schools to arrange Department’s website. adequate supervision and insurance cover for children while they are on the school premises. Schools Building Projects. Subject to the authority of the board of 548. Mr. Stagg asked the Minister for management, it is the responsibility of the Education and Science if he will allow the principal teacher to organise and participate in completion of the architectural planning for the the effective supervision of pupils during breaks, required extension to Maynooth post-primary lunch periods, assembly and dismissal. school in County Kildare; if he will allow construction to start in 2004, with funding to be School Staffing. provided from the \30 million announcement on 546. Mr. Timmins asked the Minister for budget day; and if he will make a statement on Education and Science the position in relation to the matter. [2181/04] the application for the reappointment of a 552. Mr. Stagg asked the Minister for learning support teacher for a school (details Education and Science if he will sanction the supplied) in County Wicklow which has not got a completion of architectural planning for the learning support teacher; if this appointment can permanent building project for Scoil Uı´ Riada, be made as a matter of urgency; and if he will Kilcock in County Kildare and allow construction make a statement on the matter. [2102/04] to commence in 2004 using the additional funding Minister for Education and Science (Mr. N. provided in the budget; and if he will make a Dempsey): I understand that my officials have statement on the matter. [2185/04] been in contact with the school authorities 560. Mr. Stagg asked the Minister for concerning the matter referred to by the Deputy. Education and Science if he will allow the My Department’s inspectorate has been asked to architectural planning for the required extension investigate the matter further. at Naas CBS secondary school, Naas in County Kildare to be completed with a view to Psychological Service. sanctioning the commencement of construction in 547. Mr. Stagg asked the Minister for 2004 from the additional \30 million allocated on Education and Science if he intends to keep the budget day; and if he will make a statement on commitment made by the former Minister for the matter. [2193/04] Education and Science on 11 February 1999 that Minister for Education and Science (Mr. N. all national schools and secondary schools would Dempsey): I propose to take Questions Nos. 548, have access to a psychological service within five 552 and 560 together. years; if he will explain the reason national The large scale building projects at the schools schools in Maynooth, Celbridge, Straffan, referred to by the Deputy are listed in section 9 Ardclough, Rathmore, Sallins, Kilcock, of the 2004 school building programme which is Rathcoffey, Kill and Donadea in County Kildare published on my Department’s website at remain without such a service; when they will www.education.ie. These three projects are at the receive the service promised; and if he will make early stages of architectural planning. The project a statement on the matter. [2180/04] at primary level, Scoil Uı´ Riada, Kilcock, will be Minister for Education and Science (Mr. N. authorised to progress to the next stage of Dempsey): There are 126 psychologists employed architectural planning during 2004. in the National Educational Psychological The budget announcement regarding multi- Service, NEPS, at present, in addition to annual capital envelopes will enable me to adopt psychologists employed elsewhere in the a multi-annual framework for the school building educational system. My Department has made programme which, in turn, will give greater offers of employment in NEPS to a further five clarity regarding projects that are not progressing 541 Questions — 27 January 2004. Written Answers 542 in this year’s programme. I will make a further School Accommodation. announcement in that regard during the year. 553. Mr. Stagg asked the Minister for The Deputy will also note that I have put in Education and Science if he will sanction the place a new devolved summer works scheme. provision of temporary accommodation at St. This caters for necessary small scale works that Joseph’s national school, Kilcock in County can be planned and delivered during the summer Kildare to provide suitable accommodation for holidays. The 2004 programme will be updated in resource teachers in the school; and if he will early spring to provide details of approved make a statement on the matter. [2186/04] projects under the scheme. Minister for Education and Science (Mr. N. Departmental Funding. Dempsey): Officials in the school planning section of my Department are currently assessing 549. Mr. Stagg asked the Minister for and prioritising all applications for temporary Education and Science if he will increase the accommodation. I intend to shortly publish furniture and equipment grant to the North details of all temporary accommodation projects Kildare Educate Together school, Ballymakealy, that will proceed in 2004. Celbridge in County Kildare; and if he will make a statement on the matter. [2182/04] Schools Building Projects. Minister for Education and Science (Mr. N. 554. Mr. Stagg asked the Minister for Dempsey): I am pleased to inform the Deputy \ Education and Science when he expects the that grant aid in the amount of 15,638.19 issued architectural planning for the extension to to the board of management of North Kildare Maynooth Presentation Convent national school, Educate Together school on 13 January 2004 for Maynooth in County Kildare to conclude; when furniture and equipment. tenders will be invited for the project; and if he will make a statement on the matter. [2187/04] Schools Building Projects. Minister for Education and Science (Mr. N. 550. Mr. Stagg asked the Minister for Dempsey): The large scale building project for Education and Science if he will sanction funding Presentation Convent national school is listed in for the provision of a covered walkway at Confey section 8 of the 2004 school building programme College, Leixlip in County Kildare from the 2004 which is published on my Department’s website secondary school building programme; and if he at www.education.ie. It has been assigned a “band will make a statement on the matter. [2183/04] 2” rating by my Department in accordance with Minister for Education and Science (Mr. N. the published criteria for prioritising large scale Dempsey): My Department prioritised projects projects and the project will be authorised to for inclusion in the 2004 school building proceed to advanced architectural planning programme on the basis of the published criteria. during 2004. It was not possible to include provision for a The budget announcement regarding multi- covered walkway at Confey College, Leixlip in annual capital envelopes will enable me to adopt County Kildare. a multi-annual framework for the school building programme which, in turn, will give greater 551. Mr. Stagg asked the Minister for clarity regarding projects that are not progressing Education and Science the reason Scoil Choca to construction in this year’s programme. I will Naofa, Kilcock in County Kildare was excluded make a further announcement in that regard completely from the 2004 school building during the year. programme; if his attention has been drawn to the urgent need for new accommodation at the 555. Mr. Stagg asked the Minister for school; if he will now allow architectural planning Education and Science when architectural to proceed with a view to construction planning will commence in relation to the commencing on site in 2004; and if he will make provision of a permanent school building for a statement on the matter. [2184/04] Gaelscoil Uı´ Fiach, Maynooth in County Kildare; and if he will make a statement on the matter. Minister for Education and Science (Mr. N. [2188/04] Dempsey): An application for grant aid towards improvement works has been received from the Minister for Education and Science (Mr. N. management authority of Scoil Choca Naofa, Dempsey): An application for grant aid for Kilcock. The application is being assessed at permanent accommodation has been received present in the school planning section of my from the management authority of Gaelscoil Uı´ Department. When completed, the results of this Fiach, Maynooth in County Kildare. The assessment, together with an indicative timeframe application is being assessed at present in the for the delivery of any identified accommodation school planning section of my Department. When deficits, will be provided to the school’s authority. completed, the results of the assessment, together with an indicative timeframe for the delivery of Question No. 552 answered with Question any identified accommodation deficits at the No. 548. school, will be provided to the school’s authority. 543 Questions — 27 January 2004. Written Answers 544

556. Mr. Stagg asked the Minister for Minister for Education and Science (Mr. N. Education and Science if he will allow Dempsey): An application for grant aid towards architectural planning to commence in relation to improvement works has been received from the the provision of additional classrooms and a management authority of St Mary’s College, Naas school hall at Tiermohan national school, in County Kildare. The application is being Donadea, Naas in County Kildare; and if he will assessed at present in the school planning section make a statement on the matter. [2189/04] of my Department. When completed, the results of the assessment, together with an indicative Minister for Education and Science (Mr. N. timeframe for the delivery of any identified Dempsey): An application for grant aid towards accommodation deficits at the school, will be improvement works has been received from the provided to the school’s management authority. management authority of Tiermohan national school, Donadea, Naas in County Kildare. The Question No. 560 answered with Question application is being assessed at present in the No. 548. school planning section of my Department. When completed, the results of the assessment, together Schools Building Project. with an indicative timeframe for the delivery of 561. Mr. Stagg asked the Minister for any identified accommodation deficits at the Education and Science when tenders will be school, will be provided to the school’s invited for the required extension to Sallins management authority. national school, Sallins, County Kildare; and if it 557. Mr. Stagg asked the Minister for his intention to provide further temporary Education and Science if his attention has been accommodation in 2004 to deal with the net drawn to the national school crisis which is additional intakes of 140 pupils in September 2004; and if he will make a statement on the building up in Kill in County Kildare; if he will matter. [2194/04] direct the OPW to find a suitable new site for the school as a matter of urgency; and if he will make Minister for Education and Science (Mr. N. a statement on the matter. [2190/04] Dempsey): I am pleased to advise the Deputy that the large-scale project proposed for Sallins Minister for Education and Science (Mr. N. national school is listed to proceed to Dempsey): My Department intends to purchase a construction as part of the 2004 schools building significant number of sites during 2004. The level programme. The indicative timeframe for the of funding available for the purchase of sites for project proceeding to tender is the second quarter primary and post-primary schools is \32 million. of 2004. My Department has advised the school The needs of all schools, including those in Kill authorities to commence the tendering process in County Kildare will be considered in this for this project. context. Due to commercial sensitivities of site Officials in the planning section of my acquisition, it is not proposed at this stage to Department are assessing and prioritising all identify the specific sites to be acquired. applications for temporary accommodation. I However, this information will be placed on my intend to publish details of all temporary Department’s website when the relevant accommodation projects which will proceed in acquisitions have been completed. 2004. 558. Mr. Stagg asked the Minister for 562. Mr. Stagg asked the Minister for Education and Science if the CEO of County Education and Science when tenders will be Kildare VEC has submitted a report in relation invited for the new school for Rathmore national to the acquisition of a site for a new St. Patrick’s school, Rathmore, Naas, County Kildare; and if post-primary school, Naas in County Kildare; and he will make a statement on the matter. if he will make a statement on the matter. [2195/04] [2191/04] 563. Mr. Stagg asked the Minister for Education and Science when tenders will be Minister for Education and Science (Mr. N. invited for the required extension to Scoil Na Dempsey): For some time County Kildare VEC Mainistreach, Celbridge, County Kildare; and if has been exploring the possibility of relocating St. he will make a statement on the matter. Patrick’s post-primary school from its existing [2196/04] town centre location. While the VEC is exploring a number of possible alternative options, no final 564. Mr. Stagg asked the Minister for decisions have been taken in this matter. Education and Science when tenders will be invited for the required extension to Scoil 559. Mr. Stagg asked the Minister for Mochua, Celbridge, County Kildare; and if he Education and Science when architectural will make a statement on the matter. [2197/04] planning will commence in relation to the required extension to St. Mary’s College, Naas in Minister for Education and Science (Mr. N. County Kildare; and if he will make a statement Dempsey): I propose to take Questions Nos. 562, on the matter. [2192/04] 563 and 564 together. 545 Questions — 27 January 2004. Written Answers 546

I am pleased to advise the Deputy that the programme for proceeding to construction in large-scale projects in question are listed for 2004. The indicative timescale to tender for this proceeding to construction as part of the 2004 project is the first quarter of 2004. The tendering schools building programme. The indicative time process has commenced for this project and it is frame for these projects proceeding to tender is envisaged to have this completed and the project the first quarter of 2004. My Department has on-site as early as possible in 2004. authorised the schools in question to commence the tendering process for these projects. School Curriculum. 568. Mr. Morgan asked the Minister for Schools Refurbishment. Education and Science what steps the 565. Mr. Stagg asked the Minister for Government has taken to ensure that the Education and Science if he will sanction funding education system adequately educates pupils for the required improvement works to St. about the role of women in Irish history and in Brigid’s Holy Faith Convent, Celbridge, County particular their role in the struggle for Kildare; and if he will make a statement on the independence; and if he will make a statement on matter. [2198/04] the matter. [2201/04] Minister for Education and Science (Mr. N. Minister for Education and Science (Mr. N. Dempsey): The management authority of St. Dempsey): At primary level, history is a subject Brigid’s Holy Faith Convent, Celbridge, County within social, environmental and scientific Kildare, may apply for funding for the works education, one of seven curriculum areas. The identified as necessary through the summer curriculum provides a wide range of specific units works scheme details of which I announced in that allow teachers flexibility to ensure that pupils December 2003. An advertisement for this have an understanding of the broad sweep of scheme was posted in all national print and history. For fifth and sixth class, these units principal or chief local or provincial print media include “Changing roles of women in the 19th in December. Full details of the scheme are and 20th centuries” and “1916 and the foundation published on my Department’s website at of the State”. At post-primary level, junior cycle www.education.ie. The closing date for receipt of students focus on “the role of women” as a applications is Friday 30 January 2004. named element of their study of social change in 20th century Ireland. In addition, they are urged 566. Mr. Stagg asked the Minister for to study the events and movements of the period Education and Science if he will sanction the 1912-22, which should include key female funding required for the remedial works on the participants. Junior certificate examination roof of Scoil Mhuire secondary school, Clane, papers lend support to the position of women in County Kildare; and if he will make a statement Irish history through regular questions on, for on the matter. [2199/04] example, the changing role of women and recently, questions on an account by Kathleen Minister for Education and Science (Mr. N. Clarke. Dempsey): The management authority of Scoil Within transition year there is substantial Mhuire secondary school, Clane, County Kildare, provision for the study of women’s history. The may apply for funding for works identified as transition year support service website contains necessary through the summer works scheme modules on a number of early modern women’s details of which I announced in December 2003. history topics. The gender equality unit of the An advertisement regarding this scheme was Department of Education and Science has posted in all national print and principal or chief produced a superb resource for schools entitled local or provincial print media in December. Full “Discovering Women in Irish History”. Apart details of the scheme are published on my from containing biographical material on modern Department’s website at www.education.ie. The Irish women such as Ann Devlin, Kate closing date for receipt of applications is Friday, O’Callaghan and Jenny Wyse Power, this 30 January 2004. resource deals with women’s movements such as the Ladies’ Land League, Inghinidhe na Schools Building Projects. hEireann, Unionist women and Cumann na 567. Mr. Stagg asked the Minister for mBan. The roles of women in the rise of Sinn ´ Education and Science how long it will take to Fe´in, the 1918 general election, Da´il Eireann, the complete the tender process for the new national Civil War and Northern Ireland are all charted. school for Naas, County Kildare, following the In addition, significant attention is given to closing date of 6 February 2004 for the restricted women such as Hannah Sheehy Skeffington, tender procedure; and when he envisages work Countess Markievicz, Maud Gonne and Lady commencing on site; and if he will make a Gregory. It is anticipated that this resource, on statement on the matter. [2200/04] CD-ROM and in book form, will be in all second level schools before the start of the next academic Minister for Education and Science (Mr. N. year and will give renewed impetus to the study Dempsey): The new 16-classroom primary school of Irish women’s history in transition year and in Naas is included in the 2004 schools building beyond. 547 Questions — 27 January 2004. Written Answers 548

[Mr. N. Dempsey.] equipment for science teaching; and if he will At senior cycle, a revised leaving certificate make a statement on the matter. [2203/04] syllabus for history will be implemented in Minister for Education and Science (Mr. N. schools in September 2004. The revised syllabus Dempsey): I am pleased to inform the Deputy stipulates that, “attention should be given to the that I have arranged for an official from my experiences of women.” Each topic provides for Department to visit St. Eunan’s College, the study of a number of key female personalities Letterkenny, County Donegal, as soon as ranging from Grace O’Malley up to and including possible. Mother Mary Aikenhead, Evie Hone, Bernadette Devlin and Mary Robinson. The prescribed roles of Hannah Sheehy Skeffington and Countess Institute Closure. Markievicz are particularly relevant to the 571. Ms Enright asked the Minister for campaigns for social justice, gender equality and Education and Science the reasons for the closure independence in the early 20th century context. of the Linguistics Institute of Ireland; and if he A research topic is open to all students and this will make a statement on the matter. [2204/04] allows wide scope to those who wish to undertake research work on individual women, women’s 572. Ms Enright asked the Minister for movements and related topics. In the light of this Education and Science the level of funding provision at primary and post-primary level, I am allocated to the Linguistics Institute of Ireland for confident that the role of women in Irish history 2004; the level of funding allocated to the and in the Irish independence movement is well Linguistics Institute of Ireland for 2000, 2001, catered for in our schools. 2002 and 2003; and if he will make a statement on the matter. [2205/04] Special Educational Needs. 573. Ms Enright asked the Minister for 569. Mr. O’Dowd asked the Minister for Education and Science if his Department will Education and Science why resource teaching meet with staff members of the Linguistics hours for special needs students were reduced by Institute of Ireland before the closure of the approximately one third for a school (details institute; if there are arrangements in place for supplied) in County Louth; and if he has any the continuation of research work undertaken by plans to improve on this allocation. [2202/04] the institute; and if he will make a statement on the matter. [2206/04] Minister for Education and Science (Mr. N. Dempsey): My Department allocates resource Minister for Education and Science (Mr. N. teaching support and special needs assistants Dempsey): I propose to take Questions Nos. 571, support to second level schools and vocational 572 and 573 together. ´ educational committees to cater for students with Institiu´ id Teangeolaı´ochta Eireann is a special educational needs. The relevant school company limited by guarantee. In recent years a authorities apply to my Department for such value for money study and an independent support. Each application is considered on the consultancy study have made recommendations basis of the assessed needs of the pupils involved for the reorganisation of the institute’s activities. and the nature and level of support provided is My Department had discussions with determined on the advice of the psychological representatives of the executive committee of the service. company about its future intentions, having For this school year my Department has regard to several operational issues. The allocated 2.08 whole-time equivalent teacher operation of the company is a matter for the posts and three whole-time special needs assistant members in accordance with their memorandum posts to the school in question to cater for and articles of association. students with special educational needs. This At an extraordinary general meeting of ITE, allocation was based on the assessed needs of held on 18 July 2003, the company agreed to students attending the school for whom support initiate a process of voluntary liquidation. A was sought. It also had regard to the overall level meeting of the executive committee of ITE on 5 of resources already available to the school to December agreed a timetable for the address such needs. In the 2002-03 school year my appointment of a liquidator, who was appointed Department allocated 1.62 whole-time equivalent on 9 January 2004, and agreed to issue teacher posts and three whole-time special needs redundancy notices to staff in advance of this. assistant posts to the school to cater for students The period of notice of redundancy for the staff has been extended by four weeks from 9 January with special needs. 2004 to 6 February 2004. Officials from my Department met with all members of staff of ITE School Equipment. in December 2003. 570. Ms O’Sullivan asked the Minister for My Department has given a commitment to Education and Science if he will accede to the provide every assistance to the company in giving request of St. Eunan’s College, Letterkenny, effect to its future intentions, in partnership with County Donegal to have a visit by Department the staff of the institute. This will include personnel to discuss the accommodation of arrangements for ensuring the continuation of the 549 Questions — 27 January 2004. Written Answers 550 research functions previously carried out by the Question No. 577 answered with Question institute and, in the interests of assisting with an No. 388. orderly wind-up, facilitating appropriate 578. Mr. S. Ryan asked the Minister for redeployment or other appropriate arrangements Education and Science his plans to decentralise for permanent staff in line with general public the Higher Education and Training Awards service policy in these matters and subject to Council to Edenderry, County Offaly, given that agreement with the Department of Finance. My up to 70% of the staff are opposed to the move; Department is exploring options that may be his plans to facilitate the public servants who do available in this context. The entitlements of not wish to move; and if his attention has been those employees for whom appropriate drawn to a document from his predecessor to the redeployment arrangements are not made will be effect that the HETAC would be located in determined in accordance with the terms of their Dublin. [2248/04] contracts. I have asked to be kept informed of progress in these matters. The funding provided Minister for Education and Science (Mr. N. to the company since 2000 is as follows: 2000, Dempsey): It is proposed to transfer the Higher \1.638 million; 2001, \1.657 million; 2002, \1.764 \ Education and Trainng Awards Council to million; 2003, 1.985 million. The funding Edenderry, County Offaly, as part of the proposed for 2004 is likely to be of the order of \ programme of decentralisation announced on 3 2.5 million in the context of the liquidation and December 2003. The programme will be this will be reflected in the revised estimates. implemented on a voluntary basis and there will be no redundancies. At this early stage, it is not Schools Building Projects. possible to indicate how public servants who do 574. Mr. Gilmore asked the Minister for not wish to move will be facilitated. However, the Education and Science the progress being made issues raised by the Deputy will be considered as to provide new primary schools at Glencairn, part of the overall process of implementation. Leopardstown, County Dublin, and at the Landsdowne and Old Wesley site, Kilgobbin, Insurance Costs. County Dublin; and if he will make a statement 579. Mr. R. Bruton asked the Minister for on the matter. [2226/04] Education and Science if he will undertake a Minister for Education and Science (Mr. N. survey of the cost of insurance for schools and a Dempsey): The property management section of study of the cost and incidence of claims, to see the OPW acts on behalf of my Department for whether better mechanisms can be put in place to site acquisitions generally and is exploring the prevent accidents or to negotiate keener rates of possibility of acquiring sites to provide new insurance through his Department using its primary schools at Glencairn, Leopardstown and considerable power in central negotiations; if he at the Landsdowne and Old Wesley site, will evaluate the percentage of the capitation Kilgobbin, County Dublin. Due to the grant which is absorbed by insurance in schools in commercial sensitivities of a site acquisition different parts of the country and introduce some process, it is not proposed at this stage to identify form of equalisation measures so that insurance the specific sites to be acquired. However, this does not drain away resources that should be information will be placed on my Department’s available for educational purposes; and if he will website when the relevant acquisitions have make a statement on the matter. [2249/04] been completed. Minister for Education and Science (Mr. N. Dempsey): Responsibility for arranging insurance Question No. 575 answered with Question cover on school property and against public No. 482. liability is a matter for the managerial authorities of voluntary secondary schools, which are Decentralisation Programme. privately owned. I understand that insurance 576. Mr. Kenny asked the Minister for costs take into account the value of the school Education and Science if a survey of staff in his premises, the number of staff and the number of Department has been conducted to ascertain the pupils. Different ratings apply and have done so number willing to take part in the Government for many years in the Dublin area, other major decentralisation plans; if he will detail the results cities and rural areas. Other factors taken into of any such survey and the number of staff who account when seeking insurance cover includes wish to decentralise; and if he will make a risk assessment advice and prompt settlement of statement on the matter. [2238/04] claims. I also understand that insurance cover is obtained, on a block basis, by most voluntary Minister for Education and Science (Mr. N. secondary schools, operated by religious Dempsey): A survey on decentralisation is being authorities. The benefit of a survey of school conducted in my Department, the results of which insurance costs, as suggested by the Deputy, is will not be available until next month. I will not clear. My Department, however, is prepared arrange to forward details of the results to the to consider applications for grant-aid towards the Deputy when they are available. cost of any necessary improvements in risk 551 Questions — 27 January 2004. Written Answers 552

[Mr. N. Dempsey.] yet closed and it is not possible to estimate how avoidance measures required by schools such as many schools will be successful under this scheme boundary fencing, etc. on a national or county basis. Funding is provided to secondary schools by way of per capita grants which affords schools Schools Refurbishment. considerable flexibility in the use of these 581. Mr. Connaughton asked the Minister for resources to cater for the needs of their pupils. Education and Science if his attention has been This is in general, a preferable approach to drawn to the proposed devolved payment of putting in place grants for specific cost items such \100,000 as grant aid to a school (details as insurance. Moving to a position where the supplied) in County Galway which is inadequate Government covers the insurance costs of to fund the school extension to the specifications voluntary secondary schools may encourage the required by his Department; if it is possible, insurance sector to keep increasing premia on the through negotiations between officials of his basis that the State would meet the cost and Department and the school management, to reduce the incentive for school management to agree to a project that would cost less than the reduce risks. It would also reduce the incentive \218,000 estimated cost and still maintain the for school managements to actively review and standards needed for a modern day primary tender for insurance cover on an ongoing basis. school; and if he will make a statement on the I am committed to improving the funding matter. [2251/04] position of voluntary secondary schools in the light of available resources. At a time of Minister for Education and Science (Mr. N. increased financial constraints, the recent Dempsey): Brownsgrove national school is a two- announcement of further significant increases in classroom school that has been invited to the funding of voluntary secondary schools is a participate in a devolved initiative to enable it clear demonstration of my commitment to provide additional permanent ancillary prioritising available resources to address the accommodation at the school within a maximum needs of schools. A measure of the increase in grant level of \100,000. This initiative devolves overall funding for secondary schools is that by control to school authorities over the planning comparison with 1997, a secondary school with and construction phases of small-scale additional 500 pupils now receives extra annual funding of permanent accommodation works. The closing up to \108,000. date for accepting invitations into this scheme is Friday, 30 January 2004. If there is a shortfall in Schools Building Projects. funding, the options open to the board of 580. Mr. Howlin asked the Minister for management are to: reduce the scale of the works Education and Science the capital expenditure on to stay within the limit of the grant; use funds primary schools in County Wexford for 2003; the allocated by the Department under the terms of estimated capital expenditure for primary schools the grant scheme for minor works to supplement in County Wexford in 2004; and if he will make the grant provided such funds are not required a statement on the matter. [2250/04] for more urgent and immediate works; fund the balance of the works from their own resources Minister for Education and Science (Mr. N. and decline the invitation to participate in the \ Dempsey): My Department issued 1,890,299.48 scheme. My Department does not intend to County Wexford schools during 2003 in respect increasing the amount of the grant offered to the of building projects at primary level. I was in a school. This provision is necessary because a position to have payments under the grant central tenet of the devolved scheme is that a scheme for minor works issued during 2003 in school authority, granted discretion and respect of both the academic year 2002-03 and guaranteed funding to enable immediate progress the academic year 2003-04. Under that scheme, on its accommodation needs, must equally accept payments issued to all primary schools in County \ responsibility for prioritisation, control of costs Wexford during 2003 at a rate of 3,809.21 per and ensuring value for money. school \ and 12.70 per pupil enrolled in respect of each Schools Building Projects. of the two academic years. The total capital allocation for the primary school buildings 582. Mr. Connaughton asked the Minister for programme for 2004 is \200 million, covering Education and Science the reason a school projects in all counties. Only projects at (details supplied) in County Galway has not been construction stage have exact costings. It is offered a devolved fund payment towards the inappropriate therefore to attempt to indicate the cost of much needed extra classrooms, new toilets level of expenditure on a county basis as this and a water supply system; if his attention has could compromise the value for money benefit been drawn to the fact that this school received a that my Department strives to achieve under the grant for remedial works last year yet it is still in tender process for projects still in architectural a very poor state by way of gross overcrowding; planning. Furthermore, the deadline for if his Department will enter into negotiations applications from schools for inclusion under the with the board of management to agree recently introduced summer works scheme is not specifications, under the devolved funding 553 Questions — 27 January 2004. Written Answers 554 programme, that meet current national school Fishing Industry Development. standards, taking into account the limited 584. Mr. Ferris asked the Minister for capacity of a small rural community to raise Communications, Marine and Natural Resources money; and if he will make a statement on the how many people are employed in fish matter. [2252/04] processing; and the most recent figures on the Minister for Education and Science (Mr. N. volume and value of that sector. [1116/04] Dempsey): The pilot small schools initiative was Minister for Communications, Marine and expanded as part of the 2004 school building Natural Resources (Mr. D. Ahern): According to programme and more than 50 additional schools the most recent data, produced by Bord Iascaigh were invited to participate in the initiative. Many Mhara in 2002, there were 4,000 people employed other schools would like to be given the in fish processing, on a full- or part-time basis. opportunity to participate but it is necessary to The most recent figures for the sector, produced evaluate the initiative fully before broadening the by a Central Statistics Office industrial survey for scheme’s scope to cover all schools. The band 2001, gave a turnover of \436.6 million for the rating assigned by my Department to individual domestic and foreign markets. projects in architectural planning was used to determine which of these projects would be Fishing Vessel Licences. considered for inclusion in the 2004 school 585. Mr. Ferris asked the Minister for building programme as part of the small schools Communications, Marine and Natural Resources initiative. A large-scale building project for the the number of fishing vessels registered in the school referred to by the Deputy is listed in State; and the total tonnage and kilowatts in this section 9 of the 2004 school building programme regard. [1117/04] which is published on my Department’s website Minister for Communications, Marine and at www.education.ie. This proposed project is at Natural Resources (Mr. D. Ahern): The the early stages of architectural planning. It has independent licensing authority for sea-fishing been assigned a band 3 rating by my Department boats established under the Fisheries in accordance with the published criteria for (Amendment) Act 2003, the Registrar General of prioritising large-scale projects. Band 3 projects Fishing Boats, has advised that 1,501 fishing were not considered at this time for inclusion in vessels are entered on the Irish fishing boat the small schools initiative. register, having a total capacity of 82,409 gross The budget announcement regarding tonnes and 224,959 kilowatts. These figures are multiannual capital envelopes will enable me to subject to revision in the context of the processing adopt a multiannual framework for the school of a backlog of registration and de-registration building programme which in turn will give applications arising from computer software greater clarity regarding projects not progressing problems with the register, the introduction of in this year’s programme. I will make a further new EU and national fleet policies, and ongoing announcement on this during the year. I have put changes in the fishing fleet. in place a new devolved summer works scheme. 586. Mr. Ferris asked the Minister for This caters for necessary works that can be Communications, Marine and Natural Resources planned and delivered during the summer the proportion of registered fishing vessels holidays. The 2004 programme will be updated in classified as inshore, that is, less than 15 feet in early spring to provide details of projects length and operating within the 12 mile limit. approved under the scheme. [1118/04]

Offshore Exploration. Minister for Communications, Marine and 583. Mr. Ferris asked the Minister for Natural Resources (Mr. D. Ahern): There is no Communications, Marine and Natural Resources dedicated fleet segment for inshore vessels in the who carried out the independent study of the Irish fishing fleet and inshore vessels are not 1992 fiscal terms governing oil and gas specifically classified as such on the fishing boat exploration; and if he will release the report to register. Most inshore boats are in the polyvalent fleet segment. Fishing boats less than 12 metres Da´il E´ ireann. [1105/04] long are generally considered to be inshore Minister for Communications, Marine and vessels but sea-fishing boat licences issued in Natural Resources (Mr. D. Ahern): In 2003 my respect of such boats do not specify a distance Department engaged Mr. David Fox of David within which they must operate. Some 72% of all Fox Associates to undertake a study of fiscal registered fishing vessels are under 12 metres in terms for oil and gas exploration and production length. Only 0.5% of vessels on the fishing boat in Ireland and other countries. Mr. Fox reported register are less than 15 feet in length. his findings to my Department in October 2003. As the report contains data which is commercially Fishing Industry Development. sensitive no final decision as to publication has 587. Mr. Ferris asked the Minister for yet been taken. Communications, Marine and Natural Resources 555 Questions — 27 January 2004. Written Answers 556

[Mr. Ferris.] balanced regional roll-out of broadband, and is the total number employed in marine fishing; and taking a series of initiatives to support and the current annual production in that sector in complement investment by the private companies value and tonnage. [1119/04] operating in the market. An indicative \200 million has been set aside Minister for Communications, Marine and for the current programme of broadband Natural Resources (Mr. D. Ahern): Surveys in infrastructure developments under the NDP relation to employment in the Irish seafood 2000-2006. This includes funding for 19 industry, comprising fishing, aquaculture, metropolitan area networks in towns and cities processing and ancillary sectors are carried out by across the country, the extension of digital Bord Iascaigh Mhara on a periodic basis. subscriber lines by Eircom and Esat BT, the According to its most recent survey, carried out construction of a third national fibre trunk in 2000, total employment, including full and network by the ESB, and other regional part-time jobs, amounted to approximately 9,000 broadband investment initiatives. In my recent in the marine fishing sector. The processing and announcement of the broadband action plan I ancillary sectors accounted for a further 6,200 outlined the proposals to stimulate broadband- jobs. capable infrastructural investment throughout According to the latest figures produced by my Ireland. The key elements of the plan include the Department for 2002, annual production provision of broadband infrastructure in over 90 amounted to 278,000 tonnes approximately towns with a population of 1,500 people using (landed weight) with a value of \234.3 million. community broadband exchanges and strategic This figure includes aquaculture landings fibre. A new group broadband scheme — similar (mussels, oysters) of 30,000 tonnes with a value to the group water schemes — is proposed for of \21 million. smaller communities to pool their demand and Telecommunications Services. secure high speed connectivity from a range of service providers, with grant assistance from the 588. Mr. Penrose asked the Minister for Government under this scheme. A multiannual Communications, Marine and Natural Resources budget of \140 million has been committed to the why Kinnegad and its environs were not included broadband action plan in partnership with the in the broadband rollout; and if he will have this local authorities and in co-operation with the situation reviewed; and if he will make a telecoms industry here. Operational details for statement on the matter. [1167/04] the broadband action plan are being finalised, 590. Mr. Hayes asked the Minister for and I expect to be able to make a full Communications, Marine and Natural Resources announcement shortly. if he will investigate an ongoing problem with an It is of course possible to obtain broadband inadequate Internet service in Kilross, County services in most places in Ireland at the moment, Tipperary; and if he will make a statement on the using one of the satellite and wireless service matter. [1257/04] providers such as Amocom Satellite, Digiweb, Media Sat, South West Regional Authority or 604. Mr. Perry asked the Minister for appliedDot Solutions Ltd. A full list of approved Communications, Marine and Natural Resources providers can be obtained from www.comreg.ie or if his attention has been drawn to the fact that by telephoning 01-804 6900. there is no broadband technology in Enniscrone, County Sligo; when facilities will be put in place EU Presidency. to allow Enniscrone to compete in the future with 589. Mr. O’Connor asked the Minister for other parts of the country; and if he will make a Communications, Marine and Natural Resources statement on the matter. [1735/04] to report on his Department’s activities in respect 613. Mr. B. Smith asked the Minister for of Ireland’s EU Presidency; if he will outline his Communications, Marine and Natural Resources plans for the next few months; and if he will make if broadband telecommunications infrastructure a statement on the matter. [1215/04] will be provided in Kingscourt, County Cavan, in Minister for Communications, Marine and view of the substantial employment in that town; Natural Resources (Mr. D. Ahern): As I have and if he will make a statement on the matter. previously advised the House, I am responsible [2040/04] for a wide range of EU Presidency business Minister for Communications, Marine and across the sectoral policy areas of Natural Resources (Mr. D. Ahern): I propose to telecommunications, energy, broadcasting, answer Questions Nos. 588, 590, 604 and 613 fisheries, maritime transport and maritime together. safety. I also hold commensurate chairing The provision of telecommunications services, responsibilities for the agriculture and fisheries, including broadband, is a matter in the first transport, energy and telecommunications and instance for the private companies operating in a education, youth and culture council formations. fully liberalised market, regulated by the There will be several ministerial and non- Commission for Communications Regulation. ministerial meetings in Ireland during the The Government recognises the importance of a forthcoming Presidency. Among the conferences 557 Questions — 27 January 2004. Written Answers 558 arranged for Ireland to date in my area of began last year and will be completed during responsibility are: 1-3 March, informal ministerial 2004. This survey which encompasses 400 masts meeting on broadcasting; 11 March, informal and represents 10% of all telephone masts in the ministerial conference on sustainable fishing; 6 country is one of the most comprehensive surveys and 7 April, meeting of directors general of public exposure to telephone masts so far (fisheries); 21, 22 and 23 April, informal meeting undertaken in Europe. It is being carried out by of Communications Ministers (dealing with the consultants Manor Communications, on broadband demand and stimulation); 25-26 April, behalf of the Commission for Communications conference for directors general, maritime Regulation. The survey involves the transport; 26 April, international conference for measurement of non-ionising radiation levels in the exploration of the seas; 11-14 May, EurOcean the vicinity of phone masts in every county and scientific conference. major town in Ireland. Where the site in question I am working to deliver on policy priorities at is used solely for mobile telephony, EU level during the Presidency within the measurements are made over the 300MHz to Government’s overall strategic approach to the 2GHz range. However, where the site is shared EU. These priorities are: the development and exploitation of broadband infrastructure and with others such as the emergency services, local services; regulation of satellite television radio and paging, exposures are measured across broadcasters; review of Television Without the wider frequency range of 30MHz to 40GHz. Frontiers Directive; ensuring a reliable and COMREG published the first interim report of secure energy supply for the Union and that the the national survey on 20 November 2003. It principle of sustainable development is fully summarises the results of the first 100 base integrated into energy policies in order to ensure stations surveyed. These were located mainly in the protection of our environment; promotion of the south and west of the country. The results the use of renewable energy sources, coupled show that the highest public exposures measured with increased efficiency and conservation of at these sites are all well below the maximum energy; advancing the proposed directive public exposure levels set out by the EU Council introducing criminal sanctions for pollution of Health Ministers in their recommendation of offences, designation of certain maritime areas as 12 July 1999. In most cases the level of public a particularly sensitive sea area, or PSSA, to exposure is less than one ten-thousandth of the strengthen its protection of particularly recommended maximum permissible amount. vulnerable areas against marine pollution COMREG will issue further reports as the incidents; advancement of safeguards for national survey progresses. The results of the first seafarers and their working conditions and interim report are available on www.comreg.ie adding of anti-pollution and ship security and on www.dcmnr.gov.ie. responsibilities to the remit of the European Maritime Safety Agency; establishment of regional advisory councils on fisheries; advance Search and Rescue Service. the development of environment-friendly fishing 593. Mr. Allen asked the Minister for methods in EU fisheries, recovery plans for Communications, Marine and Natural Resources endangered fish stocks. why coast guards are only paid \1.80 per hour despite being at a financial loss on most occasions Question No. 590 answered with Question when called out because they must leave their No. 588. places of work. [1403/04] Mobile Telephony. Minister for Communications, Marine and Natural Resources (Mr. D. Ahern): The Irish 591. Mr. Crowe asked the Minister for Coast Guard has 52 coastal units, manned by Communications, Marine and Natural Resources volunteers, at strategic locations around the the kind of surveys, reports and examinations coast. Some 850 volunteers are available to carried out in areas where mobile telephone \ masts are located. [1302/04] respond. Volunteers are paid a rate of 10.61 for the first hour of any call-out and \3.81 for each 592. Mr. Crowe asked the Minister for subsequent hour. Every unit is headed by an area Communications, Marine and Natural Resources officer and deputy area officer who receive if surveys, reports and examinations carried out quarterly retainers of \222.20 and \111.10 in areas where mobile telephone masts are respectively. Any out of pocket expenses incurred located include examinations of residents in the for items such as meals purchased during an local area; and if so the form these examinations incident are also refunded. take. [1303/04] It is considered that the voluntary nature of the Minister for Communications, Marine and service should be maintained and call-out Natural Resources (Mr. D. Ahern): I propose to payments are seen as a refund to offset expenses. take Questions Nos. 591 and 592 together. The expenses are also comparable with those The national survey of public exposure to radio paid in other voluntary marine emergency frequency emissions from mobile telephone masts services. 559 Questions — 27 January 2004. Written Answers 560

Road Network. the number of times the Atlantic Dawn has been inspected by Irish fishery inspectors. [1531/04] 594. Mr. Hogan asked the Minister for Communications, Marine and Natural Resources Minister for Communications, Marine and the statutory basis of the objections to the Natural Resources (Mr. D. Ahern): The fishing proposed route change to the M9 at Ballyreddin, vessel the Atlantic Dawn and its fishing activities Bennettsbridge, County Kilkenny; and if he will are subject to fisheries control in line with all make a statement on the matter. [1406/04] other Irish and non-Irish fishing vessels. As this fishing vessel conducts its landings in ports Minister for Communications, Marine and outside Ireland it has not been subject to Natural Resources (Mr. D. Ahern): The inspection by Irish fishery officers. However, the Department has the same right as any other fishing vessels’ activities are subject to continuous stakeholder or interested party to lodge monitoring via satellite monitoring systems, objections under the Local Government VMS, at the fisheries monitoring centre at (Planning and Development) Act 1963 and Haulbowline. This VMS data is verified to ensure amending legislation. The specific statutory the fishing vessel’s compliance with both national references are available from the local authority. and European fishing regulations. In addition, the Irish authorities are kept informed of the Foreshore Licences. outcome of controls carried out in other member 595. Mr. Ring asked the Minister for states by the control authorities in those Communications, Marine and Natural Resources member states. when a foreshore licence will be granted for the construction of a sewerage scheme (details Official Visits. supplied) in County Mayo. [1431/04] 598. Mr. Ferris asked the Minister for Minister for Communications, Marine and Communications, Marine and Natural Resources Natural Resources (Mr. D. Ahern): the number of times former Minister Deputy Consideration of the application in question is at Fahey, visited Chile in his official capacity as an advanced stage and a decision on the matter Minister for the Marine and Natural will be conveyed to Mayo County Council Resources. [1532/04] shortly. Minister for Communications, Marine and Natural Resources (Mr. D. Ahern): The Minister Television Reception. of State at the Department of Enterprise, Trade 596. Mr. Rabbitte asked the Minister for and Employment, Deputy Fahey, visited Chile on Communications, Marine and Natural Resources one occasion in his official capacity as Minister if his attention has been drawn to the fact that for the Marine and Natural Resources. in other EU countries viewers get public service television channels free on their local digital Fisheries Protection. television service, but that in this country 599. Mr. Ferris asked the Minister for subscribers are being required by Sky Digital to Communications, Marine and Natural Resources pay for RTE; if he has satisfied himself that this the entitlement which the Atlantic Dawn is in accordance with EU law having regard to currently has in Irish waters. [1533/04] Directive 89/552/EC of October 3, 1989; if he intends to raise this matter with either the EU Minister for Communications, Marine and Commission or Sky Digital; and if he will make a Natural Resources (Mr. D. Ahern): As part of the statement on the matter. [1497/04] overall agreement which facilitated the introduction of the Atlantic Dawn, the Atlantic Minister for Communications, Marine and Dawn company permanently withdrew MFV Natural Resources (Mr. D. Ahern): The Irish Veronica from the Irish-EU fishing fleet and public service television channels are currently retained the annual quota and fishing effort available free-to-air through an analogue entitlements in EU waters associated with the terrestrial television network. The public service Veronica. The company is utilising the Atlantic channels are also a “must-carry” obligation under Dawn to take up these entitlements. These Irish legislation on all cable transmissions and on entitlements represent the annually determined digital MMDS transmissions. Sky Digital is not allocation of mackerel and herring, access to subject to regulation in Ireland in this regard. I horse mackerel and blue whiting, and the annual am not aware of any conflict between the fishing effort — days at sea — allocation — the contents of directive 89/552/EC and the Atlantic Dawn was last year permitted to fish for requirement by Sky Digital that viewers in only 92 days in EU waters. In 2003, the Atlantic Ireland pay for access to its subscription packages Dawn was allocated under a national quota which include RTE´ . management system 4.98 % of the Irish mackerel quota and 5.59 % of the north-west herring Fisheries Protection. quotas. Individual catch limits were not applied 597. Mr. Ferris asked the Minister for to the horse mackerel or blue whiting quotas. Communications, Marine and Natural Resources These entitlements all relate to EU and 561 Questions — 27 January 2004. Written Answers 562 contiguous waters rather than Irish waters and his plans to make funding available in 2004 for a under the terms of its sea-fishing boat licence, the project (details supplied); and if he will make a Atlantic Dawn is precluded from fishing within 12 statement on the matter. [1634/04] miles of the Irish coast and from fishing in the Irish Sea. Minister for Communications, Marine and Natural Resources (Mr. D. Ahern): As the 600. Mr. Ferris asked the Minister for Deputy will be aware, my Department supported Communications, Marine and Natural Resources the South East Regional Authority in the the tonnage and kilowatts allocated to the formulation of an information society strategy for Veronica; and what happened to it. [1534/04] the region — SEISS project — over the period 2000-01. A key aspect of the published strategy Minister for Communications, Marine and was the development of open access broadband Natural Resources (Mr. D. Ahern): By way of infrastructure in the region. My Department is background, the European Commission’s working with the South East Regional Authority agreement to facilitate the introduction of the in the implementation of such infrastructure MFV Atlantic Dawn into the fleet was subject to provision — SERPANT project. Departmental resolution of an outstanding over-capacity engine funding has been prioritised accordingly and as power situation in the Irish pelagic fleet segment. such I have no plans to make funding available in To address this long-standing problem, which was 2004 for the SEISS project. not caused by the Atlantic Dawn company, the company removed the MFV Veronica from the Mobile Telephony. Irish and EU registers and its engine power 603. Mr. G. Mitchell asked the Minister for capacity was permanently deleted. The tonnage Communications, Marine and Natural Resources capacity of the pelagic segment was already if he has considered reports of possible health within the EU capacity limit and, in the dangers from mobile phones; and if he will make circumstances, the Atlantic Dawn company was a statement on the matter. [1646/04] allowed to retain the tonnage capacity of the Veronica. The use of this capacity is, however, Minister for Communications, Marine and subject to advance approval and must not conflict Natural Resources (Mr. D. Ahern): My with legal or fleet policy obligations. Sea-fishing Department closely monitors all developments in boat licensing policy permits the use of a the area of wireless telephony and non-ionising maximum of 4,474 gross tonnes of the capacity radiation, including their possible health effects. formerly associated with the Veronica, subject to The report by the independent advisory group on approval. I understand that the independent non-Ionising radiation published earlier this licensing authority has to date approved the month in the UK appraised all technical, scientific assignment of a total of 2,703 gross tonnes from and medical literature dealing with mobile the Atlantic Dawn company to pelagic vessel telephony and health that had been published owners, for use as additional replacement since the earlier report of the independent expert capacity required in the proposed licensing of group on mobile phones — the Stewart report — larger replacement vessels. in 2000. This latest advisory group report concluded: 601. Mr. Ferris asked the Minister for Communications, Marine and Natural Resources In aggregate the research published since the the register the Atlantic Dawn was placed in; and Stewart report does not give cause for concern. the percentage of the Irish pelagic quota the The weight of evidence now available does not Atlantic Dawn has at present. [1535/04] suggest that there are adverse health effects from exposures to RF fields below guideline Minister for Communications, Marine and levels, but the published research on RF Natural Resources (Mr. D. Ahern): The MFV exposures and health has limitations, and Atlantic Dawn is entered on the Irish fishing boat mobile phones have only been in widespread register, the EU Community fishing fleet register, use for a relatively short time. The possibility and the general register of Irish ships, known as therefore remains open that there could be the mercantile marine register, as is legally health effects from exposure to RF fields below required. In 2003, the Atlantic Dawn was guideline levels; hence continued research is allocated under a national quota management needed. system 4.98 % of the Irish mackerel quota and The earlier Stewart report also found no evidence 5.59 % of the north-west herring quotas. of harm to human health from mobile phones. It Individual catch limits were not applied to the recommended further research and a horse mackerel or blue whiting quotas. precautionary approach and that children’s use of mobile phones should be kept as low as possible. Electronic Communications Infrastructure. Other recent statements from national and 602. Mr. O’Shea asked the Minister for international health advisory authorities have Communications, Marine and Natural Resources been reassuring. The US National Cancer 563 Questions — 27 January 2004. Written Answers 564

[Mr. D. Ahern.] Search and Rescue Service. Institute found no association between use and 605. Mr. Ring asked the Minister for certain brain tumours. The American Medical Communications, Marine and Natural Resources Association in its Journal reported that a four if his Department will assist Mayo County year study found no link between use and brain Council to provide a scheme of public lighting at cancer, although it recommended further work. the emergency facilities services in Ballycastle, The Royal Society of Canada found no evidence County Mayo. [1797/04] of health risks, but accepted that small biological changes may be a cause for concern. The Danish Minister for Communications, Marine and Cancer Society in a study of 420,000 Danish users Natural Resources (Mr. D. Ahern): The provision found no sign of increased risk of brain or of public lighting for Ballycastle, County Mayo, nervous system cancers. is solely a matter for Mayo County Council. The World Health Organisation, WHO, has There is no Irish Coastguard coastal unit or RNLI concluded: station at Ballycastle and sub-aqua clubs are not Present scientific information does not among the resources declared to the Irish indicate the need for any special precautions Coastguard as available for marine emergency on for use of mobile phones. If individuals are a 24 hour, 365 day a year basis. concerned they might choose to limit their own or their children’s RF exposure by limiting the Broadcasting Legislation. length of calls, or using hands-free devices to 606. Mr. Allen asked the Minister for keep mobile phones away from the head and Communications, Marine and Natural Resources body. if he will make a statement on the decision not to At present major international research projects lift the ban on religious advertising. [1812/04] on the possible health effects of mobile phones Minister for Communications, Marine and are being co-ordinated by the WHO international Natural Resources (Mr. D. Ahern): Iamofthe EMF project and by the EU through its COST281 view that the ban on religious advertising as Action: Potential Health Implications from provided for in section 20(4) of the Broadcasting Mobile Communication Systems. Authority Act 1960, as qualified by section 65 of The International Agency for Research on the Broadcasting Act 2001, and section 10(3) of Cancer, IARC, is the WHO agency co-ordinating the Radio and Television Act 1988 should the INTERPHONE study. This is an remain. In arriving at my decision, I had regard international epidemiological study that will to a diverse range of opinions expressed during a compare the association between a number of public consultation process I conducted last year. head and brain cancers and the intensity of In arriving at the view that the ban should remain mobile phone use. INTERPHONE involves 13 I was conscious of the potential intrusive nature countries in four continents. Some 10,000 cases of of advertising on radio and television, which is cancer will be investigated. The first results are different to other forms of advertising. I am of expected from Scandinavia towards the end of this year. the view that it is not desirable that individual groups would be in a position to buy air-time to The COST281 action was launched in 2001 and promotes collaboration among European deliver an unchallenged message that is aimed at research groups working on mobile influencing and altering behaviour in society in communications and health. Research initiatives circumstances where it is difficult for the public are underway or at an advanced planning stage to test or verify positions advanced. on such topics as mobile phones and children, Section 65 of the Broadcasting Act 2001 health effects of emerging wireless technologies, provides that the ban on religious advertising health effects of phone masts, mobile does not preclude the broadcasting of a notice of communications and the brain, and mobile the fact that a particular religious newspaper, phones and sleep disorders. magazine or periodical is available for sale or The Department of Communications, Marine supply, or that any event or ceremony associated and Natural Resources participates fully in the with any particular religion will take place. if the WHO International EMF project and in the contents of the notice do not address the issue of COST281 action. In May 2003, I hosted a major the merits or otherwise of adhering to any international meeting in Dublin of COST281 on religious faith or belief or of becoming a member the topic of phone masts and health. Members of any religion or religious organisation. of my staff are currently assisting WHO on the Submissions received as part of the development of exposure standards and the consultation process are available on my application of the precautionary approach to non- Department’s website. I will also publish the ionising radiation. report on the consultation process and the documents, which set out the basis for my Question No. 604 taken with Question No. 588. decision. 565 Questions — 27 January 2004. Written Answers 566

Port Development. Minister for Communications, Marine and Natural Resources (Mr. D. Ahern): Specific 607. Mr. Ferris asked the Minister for responsibility for food safety, including concerns Communications, Marine and Natural Resources in relation to the presence of PCBs and dioxins the reasons for the sale of part of the north dock in food, is a matter for the Food Safety Authority of Waterford harbour to private developers, of Ireland. which will mean that fishermen with berths there will have to move; and if this decision to privatise The Marine Institute, acting in tandem with the part of the harbour has the approval of his Food Safety Authority, carries out a programme Department. [1866/04] of consumer protection monitoring across the full range of seafood, including salmon, farmed in Minister for Communications, Marine and Ireland. We will ensure that this monitoring is Natural Resources (Mr. D. Ahern): The Port of continued to maintain the high standards of Waterford Company operates under the quality in Irish salmon which is placed on the Harbours Acts 1996 and 2000. Under the Acts, market for human consumption. In this regard, the primary function of the company is the the Food Safety Authority has recently confirmed management, control, operation and that farmed salmon fully complies with the development of its harbour ensuring that its accepted consumer safety standards set by the revenues are sufficient to meet its expenditures. World Health Organisation, WHO, the European In the light of this statutory requirement the Union, EU, and the United States Food and company informs me that it has been conducting Drugs Administration, FDA. In addition the a review of its non-core assets to determine the FSAI has also recently maintained its appropriateness of their retention in present recommendation that consumers continue to eat circumstances. farmed salmon as part of a balanced diet, given The company now provides its core facilities the overall beneficial effects of consuming oily for ships and goods at Belview, County Kilkenny. fish. Accordingly, the property at the North Quays is one of the company’s principal non-core assets Post Office Network. and I am informed that the company is taking the 609. Mr. P. McGrath asked the Minister for preparatory steps necessary in order to be in a Communications, Marine and Natural Resources position to offer the property for sale. his proposals to introduce legislation to give Under the Harbours Acts, a decision to dispose effect to the employee share ownership trust for of land shall only be made by the directors of the postal workers; and if he will make a statement company and they are obliged to ensure that the on the matter. [1920/04] consideration for which any land is sold shall, in so far as is practicable, not be less than its open 614. Mr. O’Dowd asked the Minister for market value. A decision by the directors to Communications, Marine and Natural Resources dispose of land does not require my approval if he has received a letter from the Board of An under the legislation. Post in May 2003 confirming that the workers in I am aware of the concerns of fishermen who An Post had complied with their side of the have been using the North Quays regarding these ESOP agreement; and if he will enact the long developments. Discussions are in train regarding overdue legislation to give effect to the An Post alternative accommodation, in the short and ESOP. [2077/04] long term. Minister for Communications, Marine and Natural Resources (Mr. D. Ahern): I propose to Farmed Salmon. take Questions Nos. 609 and 614 together. 608. Mr. J. Bruton asked the Minister for The An Post ESOP, which was signed in 2000, Communications, Marine and Natural Resources provided for the transfer of up to 14.9% of the if his attention has been drawn to the published company to employees, on a phased basis, in results of research conducted by a US university return for specified costs savings and profits. 5% into European farmed salmon indicating that the of the transfer was for transformation and 9.9% long-term effects on the health of consumers as a profit share. The purpose of the ESOP was exposed to the dioxins, PCBs and other to facilitate the transformation of An Post into a contaminants polluting farmed salmon and viable and profitable postal operator in order to possibly other farmed seafood as well; if his successfully deal with challenges arising from Department has an independent monitoring body liberalisation and electronic substitution. In to evaluate farmed seafood; the steps he intends return for 5% of the company, cost savings to take to ensure Irish farmed salmon is farmed amounting to \34m were to be achieved between in such a way as to ensure that standards of 2000 and 2003. However, instead of achieving quality are maintained in order that the salmon savings the opposite has happened, i.e. staff costs can be sold for human consumption; and if he will rose by \24m between 1999 and 2000 which make a statement on the matter. [1919/04] represents a 6% increase, by \52m between 2000 567 Questions — 27 January 2004. Written Answers 568

[Mr. D. Ahern.] In regard to profits, the table below sets out and 2001 a 13% increase and by \40m between profits envisaged under the ESOP and the actual 2001 and 2002, an increase of 9%. financial outturn for the company:

Year ESOP Annual Report

\m \m 2000 7.6 9.8 2001 8.9 (6.7) 2002 20.3 (17.8) 2003 34.3 (29.5) forecast

In May 2003 the An Post board advised that Fishing Fleet Modernisation. cost savings for 2000 set out in the ESOP 611. Mr. Gilmore asked the Minister for amounting to \7 million had been achieved. Communications, Marine and Natural Resources However, according to documentation supplied if his Department will resume payments of grants by An Post at that time, achievement of savings towards the cost of currach building, purchase of was substantially below target levels in the ESOP outboard engines and fishing gear, to inshore agreement, was delayed, and took place between fishermen in the Gaeltacht areas, the grant aid 2001 and 2003 instead of in 2000. In September, for which was suspended by U´ dara´sna 2003 An Post advised, following a review of Gaeltachta some months ago; and if he will make company finances, that forecast profit of \1 a statement on the matter. [2014/04] million had turned into a loss of \29.5 million. Therefore, having regard to the substantial losses Minister for Communications, Marine and notified by An Post for 2003, the board has been Natural Resources (Mr. D. Ahern): The EU asked to review the cost savings verification Common Fisheries Policy review, which was process and respond to the Department. We are adopted by the Fisheries Council in the form of a still waiting for a response from the Board of An framework regulation in December 2002, sets out Post on the verification of the cost savings issue. new provisions in respect of State financial aid The Government is still committed to an ESOP towards vessels which fish on a commercial basis. in An Post, if and only if, it can be demonstrated These rules apply to all fishing vessels engaged in that real transformation has occurred and that the commercial fishing, including small vessels such cost savings envisaged in the ESOP have been as currachs. achieved. The rules provide that a member state wishing to provide grant aid towards vessel renewal or Decentralisation Programme. modernisation involving increases in capacity in 610. Mr. R. Bruton asked the Minister for terms of tonnage or power or increased Communications, Marine and Natural Resources effectiveness of fishing gear in the period from 1 if assessments are underway in his Department January 2003 to 31 December 2004 would have on the activities proposed for decentralisation; to deliver a 3% reduction in the capacity limits the impact on the operations of the Department; for its overall national fleet. Such aid is the risks to the organisation attendant on this completely precluded from 1 January 2005. move; the measures that will be put in place to There is unlikely to be any relaxation of the minimise disruption; and if these reports will be EU fleet regime, which is regarded as the cornerstone of the Common Fisheries Policy. presented to him at an early date for ´ consideration. [1978/04] Udara´s na Gaeltachta may therefore wish to consider, in conjunction with Bord Iascaigh Minister for Communications, Marine and Mhara, alternative aid schemes for fishermen Natural Resources (Mr. D. Ahern): Practically all which are in accord with EU legislation and my Department which is not already national fisheries policy. decentralised out of Dublin is earmarked for The 3% penalty imposed for the continuation relocation to Cavan, including my office and the of grant aid to 31 December 2004 would involve, Department HQ. A group has been established for the Irish fleet, the permanent removal of 2496 within my Department with the remit of assessing GT’s and 6,478 KWs. This reduction would the risks to business continuity and minimising involve a substantial cost to the State and would the impact of the relocation process on both reduce permanently the capacity limits of the business and the general operations of my fleet. In these circumstances, it was decided that Department. Whatever measures are necessary the State would not enter into any grant aid in and practicable will be taken to identify and relation to fleet renewal and modernisation after reduce any risks and disruptions that are likely to 1 January 2003. This policy is regarded as a arise. I will be kept informed on an ongoing basis cornerstone of the reform of the CFP by the of progress being achieved. Commission and as such it cannot be expected 569 Questions — 27 January 2004. Written Answers 570 that the Commission will bring forward any new the State commercial ports operating under the proposal for an adjustment of the policy. Harbours Acts 1996 and 2000. The purpose of the The position of small fishing vessels, which did review was to critically review the current model not come within the legal framework of licensing for the governance of the port companies. and registration, has been recently addressed. In Among its many findings and April 2003, following securing the agreement of recommendations, the review noted that there is the EU Commission, a scheme, with a closing a conflict between the commercial and heritage date of 18 June 2003, was launched to bring obligations of Du´ n Laoghaire Harbour Company. within the regulatory framework unlicensed and The review recommended that responsibility for unregistered inshore fishermen. It covered the cultural and heritage aspects should be fishermen who have traditionally owned a small transferred to Du´ n Laoghaire Rathdown County fishing boat and have a record of active Council and that consideration be given, on commercial pot fishing. Currachs are covered by commercial and economic grounds, to merging the scheme. Under the terms of the scheme, the Du´ n Laoghaire Harbour Company and Dublin owners of these boats are not required to provide Port Company to become Dublin Bay Company. replacement capacity for licensing and When I published the review, I also initiated a registration which in the normal course would full public consultation process on its findings and have to be purchased. The Department and BIM recommendations. In response, my Department are currently processing the applications. The has received submissions from a number of licensing and registration of inshore vessels is parties, including the two port companies seen as the first critical step in enabling effective concerned, and Du´ n Laoghaire Rathdown management and conservation measures to be County Council. All submissions are receiving put in place for inshore stocks around the coast. careful consideration by my Department. It is my intention to publish a comprehensive policy Foreshore Licences. statement over the coming months, drawing on the review and the subsequent consultation 612. Mr. Ring asked the Minister for process. Communications, Marine and Natural Resources when a foreshore licence will be sanctioned to Energy Performance Certificates. allow a sewerage scheme (details supplied) in County Mayo to progress. [2022/04] 616. Mr. Kenny asked the Minister for Communications, Marine and Natural Resources Minister for Communications, Marine and the requirements of home energy labels which Natural Resources (Mr. D. Ahern): Following a will be applicable in Ireland by 2005 under EU detailed examination of the revised application directives; the way it is proposed that energy for a foreshore licence for the development in performance certificates will be made available in question, Mayo County Council was requested to respect of all dwellings for sale or rent from the provide certain additional information. This appropriate date; and if he will make a statement information was furnished to the Department on on the matter. [2210/04] 21 January, 2004 and is being examined. A decision on the application will be made as soon Minister for Communications, Marine and as possible. Natural Resources (Mr. D. Ahern): The EU directive on energy performance in buildings Question No. 613 answered with Question requires that Ireland put in place a system for No. 588. producing energy performance certificates for its building stock. The directive obliges member Question No. 614 answered with Question states to ensure that an energy performance No. 609. certificate is made available to the tenant or potential owner, when a building is constructed, Port Development. sold or rented out. The European Commission has mandated the 615. Mr. Gilmore asked the Minister for European Committee for Standardisation to Communications, Marine and Natural Resources devise common standards for the calculation of his policy regarding a proposed merger of the the energy rating of buildings and it is expected Dublin Port Company and the Du´ n Laoghaire that these standards will form the basis for each Harbour Company; the initiatives which have member state to draw up energy rating been taken by his Department concerning such a mechanisms suitable to their individual climates. merger; the rationale for such a merger; the In order to meet with this obligation as well as person or company who has been consulted; and transposing the EU directive into national if he will make a statement on the matter. legislation, a working group has been set up to [2209/04] look at all aspects of the scope of the EU Minister for Communications, Marine and directive. This working group comprises Natural Resources (Mr. D. Ahern): I have no representatives from the Department of the proposals at present to merge Du´ n Laoghaire Environment, Heritage and Local Government as Harbour Company and Dublin Port Company. In well as officials from the Department of May 2003, I published the high level review of Communications, Marine and Natural Resources 571 Questions — 27 January 2004. Written Answers 572

[Mr. D. Ahern.] he will detail the results of any such survey and and representatives from Sustainable Energy the number of staff who wish to decentralise; and Ireland. if he will make a statement on the matter. The question of how to introduce the energy [2239/04] performance certificate for a building is being Minister for Communications, Marine and considered by the working group and will take Natural Resources (Mr. D. Ahern): A into consideration the findings of the European preliminary survey of staff preferences regarding Committee for Standardisation when they decentralisation has been conducted to establish become available. the initial levels of interest across the Department in relocating to Cavan or to any of the new Decentralisation Programme. locations under the decentralisation programme. This was very much an initial information 617. Mr. Kenny asked the Minister for gathering exercise. It was stressed to staff that Communications, Marine and Natural Resources this was a preliminary non-binding survey and if a survey of staff in his Department has been that any preferences at this stage were non- conducted to ascertain the number willing to take binding. As of 26 January 2004, 424 staff part in the Government decentralisation plans; if responded with the results as follows:

Yes No Don’t Know Uncompleted

Cavan 29 (6.84%) 356 (83.96%) 32 (7.55%) 7 (1.65%) Other Location 121 (28.54%) 220 (51.9%) 70 (16.5%) 13 (3.06%)

workload and complexities associated which the ACCESS Funding. accession of ten new member states. In this 618. Mr. Deenihan asked the Minister for Arts, context, I had very useful meetings in Dublin Sport and Tourism if he has completed the audit Castle on 6 January with the two Commissioners of projects funded under the ACCESS with responsibilities in the field of culture, sport programme; the level of funding drawn down to and tourism, Viviane Reding and Errki Liikanen, date under this programme; the number of respectively. Just yesterday, I addressed the approved projects that will not go ahead; and the European Parliament Committee on Culture, way in which he intends to use the savings that Youth, Education, the Media and Sport on our will result. [1175/04] priorities for the Presidency. In order to advance the work programme in Minister for Arts, Sport and Tourism (Mr. the field of culture, my Department will host O’Donoghue): My Department has reviewed the three major events during the Presidency: a progress of all projects approved for ACCESS seminar on cultural and linguistic diversity in funding. Funding drawn down to date amounts to \ Killarney on 11 March, a seminar on the music 10.49 million. At this point in time, apart from industry in Dublin on 19 and 20 April, and a one relatively small project that will not proceed, meeting of a European group on digitisation of and one which will be scaled back from what was heritage and culture to be followed by a originally projected, other variations from initial conference on digitisation to take place in Dublin projections are more by way of slower than on 28 and 29 June. We are also supporting an expected progress rates than decisions not to Arts Council seminar in Cork in May which is proceed at all, and it is not clear what savings, aimed at facilitating greater networking among if any, might finally arise across the scheme as a whole. NGOs in the arts field. The main priority in the sports area will be the Arts Plan. European year of education through sport. I, along with my colleague, the Minister for 619. Mr. O’Connor asked the Minister for Arts, Education and Science, Deputy Dempsey, will Sport and Tourism to report on his Department’s host the official European launch of the year in activities in respect of Ireland’s EU Presidency; if Croke Park on 29 January and this will be he will outline his plans for the next few months; followed by a conference on the importance of and if he will make a statement on the matter. sport in an educational context. [1216/04] While tourism per se is not an area of Minister for Arts, Sport and Tourism (Mr. competence for the EU, Ireland recognises the O’Donoghue): As I outlined in reply to a similar importance of the tourism sector in Europe and question on 18 December last, my main priority the opportunity which the Presidency presents to for the Presidency, in so far as arts, sport and consider the key issues facing the industry in a tourism are concerned, is to ensure that normal European context. In that context, I have asked EU business is conducted efficiently and Fa´ilte Ireland to organise a business-focused effectively particularly given the additional conference on competitiveness and sustainability 573 Questions — 27 January 2004. Written Answers 574 in tourism during our Presidency. The conference development of the tourism sector over the next will take place on 5 April in Dublin Castle. decade. Earlier this month I formally launched the While many of the actions proposed by the Presidency cultural programme. This extensive review group will have an impact on the regional programme, which will see over 250 Irish artists distribution of tourism, key actions in this regard and hundreds of European artists presenting include those relating to product development, work across the expanded EU, is one of the tourism promotion, access transport and the central features of the Irish Presidency. We have appropriate infrastructure and arrangements for already had a very successful concert in Brussels the delivery of tourism at regional level. to mark the start of the Presidency there. I have no direct responsibility in relation to The new member states will be officially individual actions or measures relating to tourism welcomed into the EU by an Irish city or town in promotion or development insofar as specific a special day of welcomes on Saturday, 1 May. areas of the country are concerned, as these are a This day will be at the heart of a national day-to-day function of the tourism State agencies. weekend of celebration that will involve each of However, the Deputy may wish to note that a the ten towns and cities hosting distinct and number of programmes and initiatives engaging European fairs, while a fireworks particularly favour the regional distribution of extravaganza in Dublin from a leading European tourists. These include the nature and focus of the pyrotechnics company will commence tourism product development scheme, the celebrations in the capital on Friday, 30 April. differential levels of support offered to regional Dublin will also see St. Stephen’s Green tourism authorities for marketing purposes, the transformed into a colourful bazaar with use of predominantly rural imagery in the marquees, stands and stages making up the advertising and promotion of Ireland, both at European fair on Saturday, 1 May. It is expected home and abroad, the regional coverage with that over 100,000 visitors will pass through the respect to visiting media and the specific focus on fair over the weekend to enjoy the experience of achieving a wide spread of visitors in relation to unique and interesting produce from the new EU access transport policies. member states and participate in the fun cultural activity. Sports Funding. A major concert of Irish and international stars 621. Mr. Crowe asked the Minister for Arts, on O’Connell Street will be a highlight of the Sport and Tourism if the application for lottery weekend and will be produced by RTE´ and the funding on behalf of East Wall water sports will BBC. It will be broadcast live throughout be reviewed sympathetically; and if he will make Europe. The line-up for this concert will be a statement on the matter. [1498/04] announced in February. From a cultural, sports and tourism perspective, the Irish Presidency Minister for Arts, Sport and Tourism (Mr. promises to be both exciting and rewarding for O’Donoghue): The national lottery-funded sports all those involved. capital programme, which is administered by my Department, allocates funding to sporting and Tourism Industry. community organisations at local, regional and national level throughout the country. The 620. Ms Harkin asked the Minister for Arts, programme is advertised on an annual basis. The Sport and Tourism the Government strategy in 2004 sports capital programme was advertised in response to the declining overseas tourism the national newspapers on 30 November and 1 numbers visiting the north west of the country; December 2003. The closing date for receipt of and if he will make a statement on the matter. applications was 16 January 2004. I can confirm [1246/04] that an application was received from the Minister for Arts, Sport and Tourism (Mr. organisation in question. All applications will be O’Donoghue): One of the key objectives of evaluated against the programme’s assessment national tourism policy is to achieve as wide as criteria, which are outlined in the guidelines, possible a distribution of visitor numbers across terms and conditions of the programme. I intend the different regions. Achieving that goal has to announce the grant allocations for the long been recognised as a major challenge and is programme as soon as possible after the something that is fully reflected in the assessment process has been completed. programmes and initiatives operated by Fa´ilte Ireland — the National Tourism Development Sport and Recreational Development. Authority — by Tourism Ireland, and in the 622. Mr. Allen asked the Minister for Arts, action plan set out in the recent report by the Sport and Tourism if he will make finding tourism policy review group. Its report sets out a available to have a hyperbaric recompression strategy for tourism that is comprehensive, chamber located within Munster. [1800/04] coherent and challenging for both Government Departments and agencies and for the industry Minister for Arts, Sport and Tourism (Mr. itself. It has put the emphasis on an agenda for O’Donoghue): The Department of Health and action by highlighting 70 individual Children, which has primary responsibility in recommended actions that will support the relation to the provision of hyperbaric 575 Questions — 27 January 2004. Written Answers 576

[Mr. O’Donoghue.] respect of a proposed replacement swimming recompression chambers, has already accepted pool for Kilkenny and the Department’s technical the need to replace the chamber at University advisors found the preliminary report to be College Galway. The Irish Underwater Council, satisfactory. However, it is understood that Comhairle Fo´ -Thuinn (CFT), is the national Kilkenny Borough Council has now decided on governing body for underwater sport. CFT has an alternative site to that originally proposed and also decided that, in terms of the provision of a revised proposal relating to that site will be hyperbaric recompression chambers, its priority is submitted in due course. for having such a facility at University College Hospital, Galway. Decentralisation Programme. The national lottery-funded sports capital 625. Mr. R. Bruton asked the Minister for Arts, programme, which is administered by my Sport and Tourism if assessments are underway Department, allocates funding towards the in his Department; the activities proposed for provision of sporting and recreational facilities to decentralisation; the impact on the operations of sporting and community organisations at local, the Department; the risks to the organisation regional and national level throughout the attendant on this move; the measures that will be country. The programme is advertised on an put in place to minimise disruption; and if these annual basis. The 2004 sports capital programme reports will be presented to him at an early date was advertised in the national newspapers on 30 for consideration. [1979/04] November and 1 December 2003. The closing date for receipt of applications was 16 January Minister for Arts, Sport and Tourism (Mr. 2004. I am aware that an application has been O’Donoghue): The Government has decided that received from CFT in respect of the hyperbaric the core Department of Arts, Sport and Tourism recompression chamber in Galway. No in its entirety will be transferred to Killarney. The application has been submitted from CFT, or cultural institutions which form part of my indeed any other organisation, in recent years in Department will remain in Dublin. Three State respect of such a facility in Munster. agencies under the aegis of my Department are The application from CFT, like all others under also being decentralised. The Irish Sports Council the programme, will be evaluated against the will transfer to Killarney, the Arts Council to 2004 programme’s assessment criteria, which are Kilkenny and Fa´ilte Ireland to Mallow. outlined in the guidelines, terms and conditions The Government has set up a central of the programme. In this instance, my implementation committee, chaired by Mr. Phil Department will also be consulting with the Flynn, which will prepare and submit an overall Department of Health and Children, which is implementation plan by the end of March to the currently in discussions with the Western Health Cabinet sub-committee charged with overseeing Board regarding proposals for replacing the the decentralisation programme. Until this recompression chamber in Galway. I intend to implementation plan has been agreed it would be announce the grant allocations for the sports premature to out carry out a survey or an capital programme as soon as possible after the assessment pending the submission of the plan. assessment process has been completed. I am confident that the impact on the operations of my Department and any attendant Swimming Pool Projects. risks will be minimal. Every effort will be made to ensure that the moves take place in a well- 623. Mr. O’Dowd asked the Minister for Arts, organised and structured manner so that there is Sport and Tourism when he expects to make his a seamless transition between the operation of decision on the proposed new swimming pool for my Department in Dublin and in Killarney. To Drogheda; and if he will make a statement on the that end, a decentralisation committee has been matter. [1943/04] established within my Department which will Minister for Arts, Sport and Tourism (Mr. plan the programme in respect of this O’Donoghue): The contract documents which Department in liaison with the central committee. were submitted by Drogheda Borough Council As Minister, I will be driving the implementation for the provision of a replacement swimming pool of the programme in the Department and in Drogheda are under consideration in my reporting on a regular basis to the Cabinet sub- Department. committee. 624. Mr. McGuinness asked the Minister for Swimming Pool Projects. Arts, Sport and Tourism the position regarding an application for funding by Kilkenny Borough 626. Mr. Stagg asked the Minister for Arts, Council for the provision of a new swimming pool Sport and Tourism if he will approve the contract in Kilkenny city; if he will expedite the mater. documents in respect of the replacement of Naas [1945/04] swimming pool, Naas, County Kildare; and if he will make a statement on the matter. [2207/04] Minister for Arts, Sport and Tourism (Mr. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): Kilkenny Borough Council O’Donoghue): The contract documents which applied for funding under the programme in were submitted by Kildare County Council for 577 Questions — 27 January 2004. Written Answers 578 the provision of a replacement swimming pool has not been made; and if he will make a in Naas are under consideration in my statement on the matter. [1950/04] Department. Minister of State at the Department of Health and Children (Mr. T. O’Malley): The assessment Decentralisation Programme. of entitlement to and payment of the blind 627. Mr. Kenny asked the Minister for Arts, welfare allowance in any individual case is a Sport and Tourism if a survey of staff in his matter for the relevant health board. Department has been conducted to ascertain the Accordingly, the Deputy’s question has been number willing to take part in the Government forwarded to the chief executive officer, Western decentralisation plans; if he will detail the results Health Board, with a request that she examine of any such survey and the number of staff who the case and reply to the Deputy as a matter of wish to decentralise; and if he will make a urgency. statement on the matter. [2240/04] Child Abuse. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The Government has set up a 630. Ms Shortall asked the Minister for Health central implementation committee, chaired by and Children if counselling fees paid in respect of Mr. Phil Flynn, which will prepare and submit an a victim of childhood abuse (details supplied) are overall implementation plan by the end of March to be covered by his Department; and if he will to the cabinet sub-committee charged with make immediate arrangements to have such fees overseeing the decentralisation programme. Until paid. [2055/04] this implementation plan has been agreed, it Minister of State at the Department of Health would be premature to carry out a survey of staff and Children (Mr. B. Lenihan): The Department in the Department. I am confident that the of Health and Children pays for counselling costs impact on the operations of my Department and of those who, as children, were residents in any attendant risks will be minimal. Every effort institutions and who do not wish to avail of the will be made to ensure that the moves take place state services already provided in this area. in a well-organised and structured manner so that Applications for the payment of costs are there is a seamless transition between the submitted to a group made up of the Department operation of my Department in Dublin and in of Health and Children, directors of counselling, Killarney. To that end, a decentralisation National Counselling Service and the National committee has been established within my Office for Victims of Abuse (NOVA). Department which will plan the programme in In order for the costs to be paid certain criteria respect of this Department in liaison with the must be met which are: central committee. As Minister, I will be driving The counsellor-therapist has completed an the implementation of the programme in the accredited qualification in counselling-therapy. Department and reporting on a regular basis to The counselling-therapy training institute should the cabinet sub-committee. be accredited to one of the following:

Mental Health Services. 1. The Irish Association for Counselling and Psychotherapy 628. Ms McManus asked the Minister for 2. The British Association for Counselling and Health and Children the portions of land from Psychotherapy. the sites of old mental asylums which have been 3. Family Therapy Association of Ireland sold; the locations at which this has happened; the 4. Irish Association of Humanistic & Integrative total amount raised; the percentage of the returns Psychotherapy for these sales which have been re-invested in 5. Irish Constructivist Psychotherapy Association mental health services; and if he will make a 6. Psychological Society of Ireland statement on the matter. [1714/04] 7. The British Psychological Society Minister for Health and Children (Mr. Martin): 8. Other appropriate body Responsibility for the disposal of land sites located at old mental asylums and any application The counsellor-therapist is engaged in external of related sales proceed, rests with the relevant clinical supervision for a minimum of 2 hours per health board or authority. My Department has month with an accredited counsellor. therefore asked the chief executive officer of each The counsellor-therapist has two years of the health boards, and of the Eastern Regional experience in counselling or psychotherapy. The Health Authority, to investigate the matter raised counsellor-therapist provides proof of by the Deputy and reply to her directly. appropriate insurance for their practise. The counsellor-therapist provides a curriculum vitae Health Board Services. accompanied by relevant certificates and proof 629. Mr. Connaughton asked the Minister for of qualifications. Health and Children the reason a blind allowance An application was received from the person for a person (details supplied) in County Galway concerned and was given full consideration. However, some of the above criteria were not 579 Questions — 27 January 2004. Written Answers 580

[Mr. B. Lenihan.] Minister of State at the Department of Health met and the application was refused. An appeal and Children (Mr. T. O’Malley): The provision has since been received and is under of health related services, including occupational consideration by three directors of counselling, therapy, for people with physical and or sensory National Counselling Service, who were not disabilities is a matter for the Eastern Regional involved in the original decision to refuse Health Authority and the health boards in the payment. first instance. Accordingly, the Deputy’s question has been referred to the chief executive officer Decentralisation Programme. of the Eastern Regional Health Authority with a request that he examine the matter and reply 631. Ms O. Mitchell asked the Minister for directly to the Deputy, as a matter of urgency. Health and Children if a survey of staff to Additional funding of \3 million has been determine interest in participating in the made available in 2004 for services for people decentralisation programme has been undertaken with physical or sensory disabilities, including in his Department; when it will be completed; and speech and language therapy, to meet service if the results will be published or otherwise made pressures as identified by the Eastern Regional available to Deputies. [2333/04] Health Authority and the health boards in 760. Mr. R. Bruton asked the Minister for consultation with other relevant agencies. Health and Children if assessments are underway in his Department on the activities proposed for Health Board Staff. decentralisation; the impact on the operations of 633. Caoimhghı´nO´ Caola´in asked the Minister the Department; the risks to the organisation for Health and Children his plans for legislation attendant on this move; the measures that will be to implement proposed changes in administration put in place to minimise disruption; and if these and medical staffing in the health services. reports will be presented to him at an early date [2287/04] for consideration. [1980/04] Minister for Health and Children (Mr. Martin): 785. Mr. Kenny asked the Minister for Health The health sector reform programme has and Children if a survey of staff in his implications for all organisations in the health Department has been conducted to ascertain the sector both in terms of structures and in terms of number willing to take part in the Government governance, accountability, planning, monitoring decentralisation plans; if he will detail the results and evaluation. Fundamental reform of the of any such survey and the number of staff who existing statutory provisions in relation to the wish to decentralise; and if he will make a roles, organisation structure and management of statement on the matter. [2241/04] the health system will be required to give effect Minister for Health and Children (Mr. Martin): to the proposals contained in the reform I propose to take Questions Nos. 631, 760 and programme. 785 together. The Government’s legislation programme With regard to the implications for the makes provision for the enactment of legislation Department of Health and Children, of the public to give statutory effect where required to service decentralisation plan, my Department implement the proposals in the reform must await a decision by Government on the programme. The first element of the programme location of the headquarters of the Health is the preparation of an establishment order Service Executive. under the Health (Corporate Bodies) Act 1961 as The Health Service Executive has been asked amended, establishing the interim Health to make a recommendation on the location of the Services Executive on a statutory basis. The order headquarters. I will bring this recommendation to is being finalised at present and I expect to be in Government and the Government will decide on a position to sign it by the end of this month. This the location of the headquarters. I have asked the will empower the interim executive to carry out health service executive to give this priority. the set up tasks and preparations necessary to I trust that the Deputies will appreciate that enable an orderly transfer of functions to the my Department is not in a position to furnish the HSE when permanently established by new information sought, at this point in time. legislation in January 2005. It will be necessary to introduce new legislation to provide the main legislative basis for the Health Board Services. implementation of the health sector reform 632. Mr. R. Bruton asked the Minister for programme. It will establish the new Health Health and Children the number of occupational Service Executive to replace the Eastern therapists currently giving treatment to Regional Health Authority and the health schoolchildren in the Dublin 24 area; if his boards. It will also provide the legislative basis Department will make funds available to parents for other aspects of the reform programme such where there is a deficit in the occupational as improved governance and accountability, therapist service available to children locally; and planning and monitoring and evaluation. The if he will make a statement on the matter. establishment of the health information and [1525/04] quality authority (HIQA) on a legislative basis 581 Questions — 27 January 2004. Written Answers 582 will also be provided for. It is also my intention Health Centres. that the new legislation will include provision for 635. Mr. Hogan asked the Minister for Health a statutory framework for complaints procedures and Children when finance will be made available in the health services as proposed in the health for the health centre and mental health day strategy. My intention is to have this legislation centre at Tullow, County Carlow; and if he will introduced by December 2004 so as to have the make a statement on the matter. [1065/04] Health Services Executive in place in January 2005. Minister for Health and Children (Mr. Martin): The Government has also indicated its The provision of health centres to meet the needs intention in the legislation programme for the of local communities is a matter for the relevant spring session to introduce a health (amendment) health board. Bill to cope with the situation which will arise My Department has already provided funding following the local election in June 2004. Given to the South Eastern Health Board for the the impending establishment of, and formal purchase of a site for this development. A transfer of functions to the Health Service submission received from the board, in relation Executive, the Government has considered to tenders for the proposed centre at Tullow, is whether it would be appropriate to proceed in the being examined by my Department in the context normal way with the appointment of local of consideration of the new capital developments representatives to the health boards. I intend that can be progressed nationally in 2004 in line discussing this matter further with the association with overall funding available. My Department will continue to liaise closely with the board on of health boards at a meeting to be arranged in this matter. the near future. Following that meeting, I will be making a public announcement on the Ambulance Service. Governments intentions in this regard. With respect to the specific issue of legislation 636. Mr. Hogan asked the Minister for Health in relation to medical staff, the National Task and Children when finance will be made available Force on Medical Staffing (the Hanly report) for the new ambulance centre at St. Luke’s noted that Ireland is required to ensure that the Hospital, Kilkenny; and if he will make a provisions of the European Working Time statement on the matter. [1066/04] Directive apply to doctors in training from 1 Minister for Health and Children (Mr. Martin): August 2004. The directive was transposed into Responsibility for the provision of ambulance Irish law by the Organisation of Working Time services in County Kilkenny rests with the South Act 1997. At present doctors in training are Eastern Health Board. My Department has excluded from these provisions. My Department therefore asked the chief executive officer of the is at present holding discussions with the board to investigate the matter raised by the Department of Enterprise, Trade and Deputy and to reply to him directly. Employment in relation to the introduction of the necessary statutory instrument to apply these Health Board Services. provisions to doctors in training. 637. Mr. Kehoe asked the Minister for Health and Children the position with regards to speech Hospital Building Programme. therapy for a person (details supplied) in County 634. Mr. Hogan asked the Minister for Health Wexford; if confirmation as to when this person and Children when finance will be made available will be called is available; and if he will make a for the first phase of the community hospital at statement on the matter. [1067/04] St. Luke’s Hospital, Kilkenny; and if he will make Minister of State at the Department of Health a statement on the matter. [1064/04] and Children (Mr. T. O’Malley): The provision Minister of State at the Department of Health of health related services, including speech and and Children (Mr. Callely): As the Deputy is language therapy, for people with physical and or aware, responsibility for the provision of health sensory disabilities is a matter for the Eastern services in the Kilkenny area rests with the South Regional Health Authority and the health boards Eastern Health Board in the first instance. in the first instance. Accordingly, the Deputy’s The project team for St. Luke’s Hospital, question has been referred to the chief executive Kilkenny, submitted a draft design brief to my officer of the South Eastern Health Board with a Department setting out the broad scope of the request that he examine the matter and reply future developments to be considered on the directly to the Deputy, as a matter of urgency. campus of the hospital including the first phase of the community hospital. Smoking Ban. My Department is considering with the South 638. Mr. Kehoe asked the Minister for Health Eastern Health Board the question of progressing and Children the findings from the economic this project in the light of capital priorities overall report with regards to the impact on job losses in within the board’s area and in line with funding connection with the smoking ban; and if he will resources available. make a statement on the matter. [1068/04] 583 Questions — 27 January 2004. Written Answers 584

639. Mr. Kehoe asked the Minister for Health review body on higher remuneration in the public and Children the person who carried out the sector which was published in September 2000. economic report with regard to the impact on job The Deputy may wish to note that under section losses in connection with the smoking ban; when 12 (1) of the Health (Eastern Regional Health it was carried out; and if he will make a statement Authority) Act 1999, the regional chief executive on the matter. [1069/04] is appointed by the Eastern Regional Health Authority pursuant to a recommendation of the Minister for Health and Children (Mr. Martin): Local Appointments Commissioners. Hence, the I propose to take Questions Nos. 638 and 639 other issues raised by the Deputy in her question together. do not arise in this case. My Department has not commissioned a report of the kind referred to by the Deputy. I am Children in Care. advised that the Office of Tobacco Control commissioned a report regarding the economic 641. Mr. F. McGrath asked the Minister for impact of smoking bans but this has not yet Health and Children the number of children in been published. the care of foster families in the State; and the amount of public finance granted to assist them Health Board Salaries. in 2003. [1090/04] Minister of State at the Department of Health 640. Ms McManus asked the Minister for and Children (Mr. B. Lenihan): Foster care is the Health and Children the amount the Director of main form of alternative care for children who the ERHA has been paid for 2002/2003; if this cannot, for a number of reasons, be looked after has gone for EU tender; if this service can be in their own home. In August 2001, the foster supplied at a fraction of the cost by another care allowance was substantially increased, person; and if he will make a statement on the alleviating the need for foster parents to apply to matter. [1070/04] health boards for every extra financial need of Minister for Health and Children (Mr. Martin): their foster child or children. The current rates of I understand that the Deputy is referring to the payment are \289.50 per week for a child under post of the regional chief executive of the ERHA. 12 years and \316.50 per week for a child of 12 The approved remuneration level for the post — years and over. The number of children in foster currently \141,412 with effect from 1 January care at 31 December 2003 and funding provided 2004 — was recommended in report No. 38 of the to foster carers in 2003 is as follows:

Health Board/Authority No of Children in Foster Care Funding Provided to Foster 31/12/03 Carers

\ Eastern Regional Health Authority 1,538 22.43m Midland Health Board 294 04.43m Mid Western Health Board 428 06.21m* North Eastern Health Board 310 06.54m North Western Health Board 170 03.75m Southern Health Board 635* 10.35m* South Eastern Health Board 400 08.31m Western Health Board 261 04.81m Totals 4,036 66.83m

*Please note that figures from MWHB include figures relating to the provision of aftercare and children post adoption. *Please note that figures from SHB include figures relating to the provision of aftercare.

by the council, as the entitlement to registration Medical Practitioners. requires a primary qualification in medicine from a specified body within the State, by a competent 642. Dr. Cowley asked the Minister for Health body or authority from another EU member state and Children when legislation will be introduced or by virtue of an agreement with a number of to deal with the regulation of alternative medical other states outside of the EU. practitioners; and if he will make a statement on Draft legislative proposals providing for the matter. [1120/04] further, wide-ranging amendments to the 1978 Minister for Health and Children (Mr. Martin): Act are currently in the final stages of The Medical Practitioners Act 1978 established preparation in my Department, and draft heads the Medical Council as the body responsible for of bill are due to be brought to Cabinet in the the registration and regulation of the activities of very near future. One of the primary concerns of medical practitioners. The activities of those the amending legislation will be to provide for engaged in alternative medicine are not regulated increased public protection. A proposed new 585 Questions — 27 January 2004. Written Answers 586 provision for an improved complaints mechanism Minister of State at the Department of Health will empower the Medical Council to investigate and Children (Mr. T. O’Malley): The provision of on its own initiative, or at the behest of the health related services for people with physical Minister or any member of the public, instances and or sensory disabilities is a matter for the or reports of individuals claiming to be medical Eastern Regional Health Authority and the practitioners or providing services proper only to health boards in the first instance. Accordingly, registered medical practitioners. This would the Deputy’s question has been referred to the permit the council to report its findings to the chief executive officer of the Eastern Regional Minister and for the council to take appropriate Health Authority with a request that he examine action. the matter and reply directly to the Deputy, as a There are currently no proposals to introduce matter of urgency. legislation to regulate practitioners of complementary and alternative medicine. Health Board Services. However, in order to strengthen the regulatory 645. Mr. O’Dowd asked the Minister for environment for complementary therapists, my Health and Children the number of persons who Department convened a forum in June 2001 to have received home help services in the North examine and explore practical issues involved, Eastern Health Board area for 2002 and 2003, with particular regard to ensuring that the public broken down by each county in the North is appropriately informed and guided. Eastern Health Board. [1126/04] Arising from the work of the forum my Minister of State at the Department of Health Department requested the Institute of Public and Children (Mr. Callely): I wish to obtain a Administration to prepare a report on proposals clear picture of developments of the services for for the way forward taking into consideration the the Deputy and I am arranging collation of the formal views of the representative groups that information to be forwarded to the Deputy participated in the forum. The report, which was without delay. published in November 2002, delivers on action 106 of the Health Strategy — Quality and Health Board Funding. Fairness, and makes a number of 646. Mr. Hogan asked the Minister for Health recommendations on proposals for the way and Children if his attention has been drawn to forward including the establishment of a working the fact that elderly persons having their health group to examine and consider regulatory issues; board provided resources reduced, are being told the continuation and development of a that the reason for this measure is that the health consultation process; and support for individual board have inadequate funding to sustain the therapies in developing or strengthening their level of services originally deemed as necessary systems of self-regulation. for their needs by the health board; if he has a As recommended in the report, I established a strategy to assist the health boards; and if he will national working group in May last year to make a statement on the matter. [1133/04] progress the programme of work set out in the Minister of State at the Department of Health report and address its recommendations in order and Children (Mr. Callely): I wish to inform the to advise me on future measures for the Deputy that the aim of the home help service is regulation of complementary therapists. The to enable people to remain living at home, where working group has met on five occasions and I appropriate, who would otherwise need to be understand it will be continuing its work in 2004. cared for in long-stay residential care and that this service is an essential support to families and Hospital Waiting Lists. informal carers. The home help service by its 643. Mr. Ferris asked the Minister for Health nature is a flexible service which is designed to and Children when a person (details supplied) in respond to clients’ needs. The service is targeted County Kerry will have a replacement hip at high and medium dependency clients in operation. [1124/04] accordance with their assessed need. As a result, therefore, the level of service required in Minister for Health and Children (Mr. Martin): individual cases will fluctuate from time to time. The provision of services for people living in To ensure effective prioritisation of the service, County Kerry, is a matter for the Southern assessments are undertaken at local sector level Health Board. My Department has asked the and are carried out by the public health nursing chief executive officer of the board to investigate services. the matter raised by the Deputy and to reply There are a number of reasons why demand for directly to him. home help service have been increasing, such as demographic factors. Approximately 6,000 644. Mr. Carey asked the Minister for Health additional people come into the over-65 bracket and Children if arrangements will be made to find every year and that there has been a a hospital bed for a person (details supplied) in proportionately higher percentage increase in the Dublin 11; and if he will make a statement on the more dependent over-80 category. These factors matter. [1125/04] may necessitate some minor adjustments in the 587 Questions — 27 January 2004. Written Answers 588

[Mr. Callely.] provision of the home help service is organised provision of the home help service. Basically, on the basis that the most vulnerable clients are what this means is that, although a small given priority. percentage of clients may have had their hours The following table illustrates funding reduced, this has been counter-balanced by allocated to the home help service by health others receiving the service for the first time. I board area in 2003 and the percentage increase in have been assured by all health boards that the funding for this service as compared with 2000:

Authority/Health Board Expenditure in 2003 on Home Help Percentage Increase in Service Expenditure since 2000

\ % Eastern Regional Health Authority 21,650,641 45.74 Midland Health Board 8,671,000 147.81 Mid-Western Health Board 9,574,315 136.62 North Eastern Health Board 8,165,391 107.05 North Western Health Board 8,347,268 131.62 South Eastern Health Board 9,196,719 155.07 Southern Health Board 31,300,000 154.47 Western Health Board 13,513,791 122.98

Total 110,419,125

The total increase in expenditure on the home regard to the principle that it is generally in the help service across all health board areas since best interests of the child to be brought up in his 2000 is 113.59%. The Deputy might also wish to or her own family. However, children are taken note that an additional \3.748 million has been into the care of the health boards or placed allocated by my Department to this service in voluntarily in care due to a range of family 2004. circumstances and health boards have a statutory Since my appointment as Minister of State I responsibility to provide appropriate services for have been encouraging the authority and the these children. health boards to introduce home care packages Since 1997, additional revenue funding of including home based subvention for clients approximately \185 million has been invested applying for nursing home subvention as an through the health boards in the development of alternative to long-stay residential care. The child welfare and protection services. criteria that applies for home based subvention is The Department of Health and Children the same that applies for nursing home collects annual figures in relation to children in subvention. I am pleased to advise that a number care through the interim minimum dataset. of health boards are developing personal care Figures for 2001 indicate that there were 3,656 packages that are more focussed on individual children in foster care, some with extra supports care needs, for example, public health nurse as required, and 569 children in residential care service, attendance at day care, day hospital and including high support and special care. rehabilitation, and the provision of respite care, As the figures show foster care is the main home help and care assistance. form of alternative care for children who cannot In respect of the specific case referred to by the be looked after in their own home. The essential Deputy, the provision of health services in role of foster carers in providing a home for County Wexford rests with the South Eastern children and young people whose parents are Health Board. My Department has, therefore, unable to care for them is well recognised by asked the chief executive officer of the board to Government. The working group report on foster investigate the matter raised by the Deputy and care published in 2001 contains a wide range of reply direct to him as a matter of urgency. recommendations designed to ensure that the structures and services necessary to meet the Child Care Services. needs of children in foster care, their families and 647. Mr. F. McGrath asked the Minister for foster carers are strengthened and further Health and Children if his attention has been developed. The Government is committed to drawn to the over reliance on residential care for implementing the recommendations of the report children at risk; and if he will move towards foster on a phased basis. Among the recommendations families and early intervention particularly at pre- implemented to date are a substantial increase in school level. [1179/04] the foster care allowance and development and publication of national standards for foster care. Minister of State at the Department of Health Pilot inspections by the social services and Children (Mr. B. Lenihan): The emphasis of inspectorate of the implementation of the the Child Care Act 1991 is on supporting children standards are due to commence shortly. These and families in their own communities having initiatives together with initiatives undertaken by 589 Questions — 27 January 2004. Written Answers 590 health boards on an ongoing basis will improve Minister of State at the Department of Health the quality of foster care services and encourage and Children (Mr. B. Lenihan): Special care units new foster care applicants. provide secure care intervention for a small group Residential care best meets the needs of some of non-offending children in need of special care children at a particular time in their lives or is or protection on foot of a court order of sometimes appropriate as a means of keeping a detention. The placing of a child in a special care larger sibling group together. As the Deputy may unit should only be considered as a last resort and be aware the number of high support and special for as short a period of time as possible when care places has increased to over 120 to cater for other forms of residential or community care are a small group of children who cannot be catered deemed to be unsuitable. for in mainstream residential care or in foster There are three designated special care units care. While this has been necessary, I am with a total capacity of 30 special care places. committed to developing alternative community These are the Ballydowd special care unit in the based services for this group, for example, the eastern region operated by the South Western youth advocacy pilot projects in the Northern Area Health Board which provides a national Area Health Board and Western Health Board service caring for boys and girls; the Gleann which commenced in 2002. In addition, extern, a Alainn special care unit in the Southern Health voluntary organisation has agreements with a Board area which caters for girls only and number of health boards to provide intensive Coovagh House special care unit in the Mid- community based services for at risk children. Western Health Board area which opened These programmes provide an added dimension recently on a phased basis and caters for boys to the health boards provision of community only. The Coovagh House and Gleann Alainn based services to meet the needs of at risk units provide a regional service for the Southern, children. South Eastern and Mid-Western Health Boards. All types of residential care are inspected I have been informed by the Eastern Regional either by the social services inspectorate or the Health Authority and the health boards registration and inspection units of the health concerned that there are currently eight children boards, as appropriate, to ensure and promote a in Ballydowd special care unit, one child in quality standard of care in line with legislation Coovagh House special care unit and four and national standards. children in Gleann Alainn special care unit. With the shift in policy in recent years to a I have also been informed by the Eastern more preventive approach to child welfare Regional Health Authority that in addition to the involving support for families and individual eight children currently placed in Ballydowd children, increased funding has been provided for special care unit, places have been offered to a wide range of family support projects, three other children considered to be in need of preventative services and intensive community special care or protection. There is no waiting list based services. These include the springboard for places in Ballydowd special care unit at initiative and teen parent support programme present. The Mid-Western Health Board has and a range of programmes developed or informed me that an application was received supported by health boards ranging from the recently from the Southern Health Board for the community mothers scheme to lifestart and placement of a child in Coovagh House special homestart and support for pre-school services for care unit and this will be considered at the next at risk children. These projects provide support admission’s meeting for the unit. In relation to and practical help to families in a non- Gleann Alainn special care unit the Southern stigmatising way. A review of family support Health Board has indicated that there is one girl services has also been established by my due to be placed there by the end of January and Department which will map out a national policy an application for the placement of another girl and plan for the future development of family is currently being processed. support services by health boards. This review is Occasionally a health board may, because of expected to report at the end of 2004. the particular circumstances of the case and the I want to assure the Deputy that I will continue individual needs of the child, provide an to ensure that the supports are in place to allow individual special care arrangement and the children to be cared for by their own family Western Health Board has informed me that it where possible and that care services and in has one such arrangement in place at present. particular residential care services are for as short The Deputy will be aware that approximately a period as possible and of a standard which best \185 million in additional revenue funding has meets the needs of children in care. been invested in the development of child welfare services since 1997. Part of this investment has Children in Care. allowed for significant progress to be made in 648. Mr. F. McGrath asked the Minister for putting in place services to cater for non- Health and Children the number of special care offending children with behavioural problems to units for children at risk; the number of children obviate the need for special care placement and currently in special care units; and the number of to facilitate children detained in special care units children seeking a place in these units. [1180/04] being stepped down to open residential and 591 Questions — 27 January 2004. Written Answers 592

[Mr. B. Lenihan.] The Presidency events planned, and the work community based services as quickly as possible. programme in hand, has as an overall objective These include the development of over 80 to enrich our shared knowledge and experience, residential high support places and the putting in at EU level, in the protection and improvement place of a number of intensive community based of public health. I am particularly determined services such as the youth advocacy pilot that these events should have a forward looking programmes in the Northern Area Health Board perspective, with a view to improving the health and the Western Health Board and the provision and quality of life of EU citizens into the future. of intensive community services to various health boards by the extern organisation. Stem Cell Research. 651. Mr. Naughten asked the Minister for Health Board Services. Health and Children the amount of stem cell lines 649. Mr. F. McGrath asked the Minister for imported into this country over the past five Health and Children the position regarding a years; the procedures set down for the health care plan for a person (details supplied) importation and use of stem cell lines; the in Dublin 17 to ensure that this person gets the number of such lines which were sourced from maximum advice and support. [1181/04] embryos and the applicants; and if he will make Minister of State at the Department of Health a statement on the matter. [1235/04] and Children (Mr. T. O’Malley: ): Responsibility Minister for Health and Children (Mr. Martin): for the provision of care and treatment of the My Department does not have information on named individual rests with the Eastern Regional the number of stem cells lines imported into the Health Authority. My Department has therefore country as there is no system in place for asked the regional chief executive to investigate monitoring their importation and use. the matter raised by the Deputy and reply to A directive of the European Council and him directly. Parliament, which will set standards of quality and safety for the donation, procurement, testing, EU Presidency. processing, preservation, storage and distribution 650. Mr. O’Connor asked the Minister for of human tissues and cells for human application, Health and Children to report on his is reaching its final stage and is expected to be Department’s activities in respect of Ireland’s EU adopted in the coming months. This will have to Presidency; if he will outline his plans for the next be transposed into Irish law, in due course. few months; and if he will make a statement on With regard to embryonic stem cell research, the matter. [1217/04] the need for legislation in this sensitive area is among a number of matters currently being Minister for Health and Children (Mr. Martin): examined by the commission on assisted human The principal activities of my Department during reproduction. The commission is preparing its the EU Presidency are set out in a document report on possible approaches to the regulation produced by my Department. A copy of this of all aspects of assisted human reproduction and document will be forwarded directly to the the social, ethical and legal factors to be taken Deputy for his information. In addition to those into account in determining public policy in this activities, there are a number of dossiers which I area. It is anticipated that the report of the will work to progress during our Presidency. commission will be completed within the next few The priorities for the Presidency in the health months and its recommendations will inform the area can be summarised as follows: agreement on development of public policy in this area. the EU Commission’s proposal to create of a European centre for disease prevention and Health Board Services. control; promotion of cardiovascular health; progress on the consideration of patient mobility 652. Mr. Durkan asked the Minister for Health issues at EU level; ratification by Ireland, of the and Children if the further information received WHO framework convention on tobacco control; in the case of a person (details supplied) in progress on the EU Commission’s proposals in County Kildare will enable the Department to the area of food law including nutrition and increase the subvention in this case. [1236/04] health claims; progress on the development of the Minister of State at the Department of Health EU Commission’s environment and health action and Children (Mr. Callely): As the Deputy will be plan for Europe; initiation of consideration of a aware, responsibility for the provision of health new EU health strategy proposal which to be services for this case rests with the Southern issued by the EU Commission; introduction of Health Board in the first instance. My the European health insurance card; promotion Department has, therefore, asked the chief of the potential of information and executive officer of the board to investigate the communications technology in health (i.e. e- matter raised by the Deputy and reply direct to health) focusing on the area of public health and him, as a matter of urgency. the practical application of methodologies in that area; and retention of a strong focus on tobacco 653. Mr. F. McGrath asked the Minister for control. Health and Children the back-up support 593 Questions — 27 January 2004. Written Answers 594 available to a person (details supplied) in County organisation on 31 December 2003 requesting Galway; and if the Western Health Board will put this information. a care plan in place for them for 2004. [1241/04] As soon as the finance unit receives this information, it will enable payment of the grant Minister of State at the Department of Health to be made to the organisation. As the Deputy and Children (Mr. Callely): As the Deputy will will be aware, the provision of health services in be aware, the provision of health services in the the Galway area is, in the first instance, the Galway area is, in the first instance, the responsibility of the Western Health Board. My responsibility of the Western Health Board. My Department has, therefore, asked the chief Department has, therefore, asked the chief executive of the board to investigate the matter executive of the board to investigate the matter raised by the Deputy and reply direct to him as a raised by the Deputy and reply direct to him as a matter of urgency. matter of urgency. Hospital Waiting Lists. Psychiatric Services. 656. Mr. Penrose asked the Minister for Health 654. Mr. Howlin asked the Minister for Health and Children if he will take steps to have a person and Children if his attention has been drawn to (details supplied) in County Westmeath the fact that the child and adolescent psychiatry immediately admitted for a hip operation at service provided by the South Eastern Health Tullamore General Hospital; and if he will make Board in Wexford is resourced to treat a statement on the matter. [1297/04] emergency cases only; that there is currently a waiting list of 212 patients who under current Minister for Health and Children (Mr. Martin): arrangements have no prospect of accessing this Responsibility for the provision of hospital service in the foreseeable future; if he considers services to residents of County Westmeath rests that the service currently provided in Wexford is with the Midland Health Board. My Department adequate; if he will indicate how this service has, therefore, asked the chief executive officer compares with that provided by other health of the board to investigate the position in relation boards; if he will provide additional resources to to this case and to reply to the Deputy directly. enable the South Eastern Health Board to extend the child and adolescent psychiatry service in Health Regulations. Wexford to non-emergency patients; and if he 657. Ms O. Mitchell asked the Minister for will make a statement on the matter. [1250/04] Health and Children the reason it is proposed not Minister of State at the Department of Health to include regulation of members of the and Children (Mr. T. O’Malley): : Responsibility Counselling and Psychotherapy Association for for the provision of the services referred to by regulation under the proposed Health and Social the Deputy rests with the South Eastern Health Care Professionals Bill. [1300/04] Board. My Department has therefore asked the chief executive officer to investigate the matter Minister for Health and Children (Mr. Martin): raised by the Deputy and reply to him directly. I understand the Deputy is referring to members of the Irish Association of Counselling and Grant Payments. Psychotherapy, IACP. The 13 professions which it is proposed to regulate under the proposed 655. Mr. Naughten asked the Minister for Health and Social Care Professionals Bill have Health and Children further to his letter to a been regulated on a long-standing basis within person (details supplied), when his Department the public health service — national grading and will be in further contact with the individual career structures exist and baseline qualifications involved; and if he will make a statement on the have been declared under section 18 of the matter. [1265/04] Health Act 1970 in the majority of cases. This Minister for Health and Children (Mr. Martin): does not pertain in the case of counsellors and My Department received an application for a psychotherapists in general. grant from the health and children allocation of The Deputy may wish to note that under the national lottery funds on 12 June 2003 from the proposed Health and Social Care Professionals organisation referred to. Bill, the Minister for Health and Children will be I would like to inform the Deputy that I empowered to include additional professions into approved a grant of \20,000 from my the regulatory system. Department’s 2003 allocation of national lottery funds for this organisation and notified them of Medical Cards. my decision on 18 December 2003. The 658. Mr. Haughey asked the Minister for procedures relating to the payment of any grant Health and Children the income guidelines for requires that the relevant tax reference number eligibility for medical cards in 2004; and if he will or charitable status (CHY) number be quoted on make a statement on the matter. [1301/04] any application for a grant. This information was not provided by the organisation and accordingly Minister for Health and Children (Mr. Martin): the finance unit of my Department wrote to the The medical card income guidelines issued by the 595 Questions — 27 January 2004. Written Answers 596

[Mr. Martin.] eligibility. Given these factors and the chief executive officers of the health boards for discretionary powers of the CEOs, having an 2004 are: — effective from 1 January 2004 income that exceeds the guidelines does not mean that a person will not be eligible for a medical Single Person Living Alone card, and a medical card may still be awarded if \ the chief executive officer considers that a person’s medical needs or other circumstances Aged up to 65 years 142.50 would justify this. Aged between 66 — 69 years 156.00 I am conscious that increases in social welfare Single Person living with Family rates in recent years have given rise to a situation Aged up to 65 years 127.00 where such rates may exceed the income Aged between 66 — 69 years 134.00 guidelines for a medical card. Because of this situation, my Department has written to the Married Couple chairman of the chief executive officers’ group on Aged up to 65 years 206.50 a number of occasions, most recently on 5 Aged between 66 — 69 years 231.00 November 2003, asking that he advise the CEOs Aged between 70 — 79 years 462.00 of my concern that medical card holders should Aged between 80 years and over 486.00 not be disadvantaged by virtue of increases in social welfare payments which may be announced Allowances in the forthcoming budget. They were asked to For child under 16 years 26.00 ensure that increases in social welfare payments For dependant over 16 years with no 27.00 do not lead to medical card holders losing their income maintained by applicant medical cards by reference to the income For out-goings on house (rent etc.) in excess of 26.00 guidelines and to make every effort to ensure that both medical card holders and applicants are Reasonable expenses necessarily incurred in travelling to work in excess of 23.00 made fully aware that increases in social welfare payments will not disadvantage them when applying to hold or retain a medical card. Entitlement to health services in Ireland is primarily based on residency and means. Under Hospital Services. the Health Act, 1970, determination of eligibility for medical cards is the responsibility of the chief 659. Mr. Naughten asked the Minister for executive officer of the appropriate health board. Health and Children if he will respond to issues Other than for persons aged 70 years and over raised in correspondence from a person (details who are automatically entitled to a medical card, supplied) in County Galway with regard to the medical cards are issued to persons who, in the regional neurosurgery unit for the west of opinion of the chief executive officer, are unable Ireland; and if he will make a statement on the to provide general practitioner medical and matter. [1304/04] surgical services for themselves and their dependants without undue hardship. 663. Mr. Connaughton asked the Minister for Income guidelines are drawn up each year by Health and Children if he will outline the position the health board-authority chief executive in regard to the provision of a regional officers to assist in the determination of a neurosurgery unit for the West of Ireland; and if person’s eligibility for a medical card and these he will make a statement on the matter. are revised annually in line with the consumer [1328/04] price index, CPI. However, it should be noted 667. Mr. Ring asked the Minister for Health that the guidelines are not statutorily binding and and Children the plans he has to set up a regional even though a person’s income exceeds the neurosurgery unit for the west of Ireland; the guidelines, a medical card may still be awarded if position in this regard; the progress that has been the chief executive officer considers that his-her made; the reports that are being compiled on this medical needs or other circumstances would matter; and when they will be completed. justify this. It is open to all persons to apply to the [1358/04] chief executive officer of the appropriate health board for health services if they are unable to 679. Mr. McCormack asked the Minister for provide these services for themselves or their Health and Children if he has received the dependants without hardship. Comhairle na nOspide´al review of the new It should be remembered that health board neurosurgical services here with emphasis on chief executive officers have discretion in the capacity and geographical location; and when the issuing of medical cards and also that a range of report will be made public. [1425/04] income sources are excluded by the health boards 687. Ms O. Mitchell asked the Minister for when assessing medical card eligibility. Many Health and Children when the report by allowances such as carer’s allowance, child Comhairle na nOspide´al, commissioned in 2000 benefit, domiciliary care allowance, family to review neurosurgical services in Ireland with income supplement and foster care allowance are emphasis on capacity and geographical location, all disregarded when determining a person’s 597 Questions — 27 January 2004. Written Answers 598 will be published and the recommendations acted board in progressing this project in line with the upon. [1446/04] board’s priorities and funding resources available. 697. Mr. Kenny asked the Minister for Health Hospital Services. and Children if he has received documentation in respect of the provision of a Regional 661. Mr. Neville asked the Minister for Health Neurosurgery Unit for the West of Ireland to be and Children when orthodontic treatment will be based at the UCHG complex; if his attention has made available to a person (details supplied) in been drawn to a commitment for the provision of County Limerick. [1319/04] a Gamma Knife radiotherapy machine, estimated value US$4 million and a further donation of Minister for Health and Children (Mr. Martin): US$1 million being made available to assist in this Responsibility for the provision of orthodontic process; if he has examined the documentation in treatment to eligible persons in County Limerick respect of this matter; if he has consulted with the rests with the Mid-Western Health Board. My Western Health Board in respect of the proposal; Department has asked the chief executive officer and if he will make a statement on the matter. to investigate the matter raised by the Deputy [1488/04] and to reply to him directly.

Minister for Health and Children (Mr. Martin): Hospital Procedures. I propose to take Questions Nos. 659, 663, 667, 679, 687 and 697 together. 662. Caoimhghı´nO´ Caola´in asked the Minister As the Deputies are aware, I have asked for Health and Children if he has received a Comhairle na nOspide´al to carry out a review of report on the death of a person (details supplied) neurosurgical services and to prepare a report for in a Dublin hospital as a result of complications my consideration. Comhairle have been asked to arising from IVF treatment; if an investigation focus, in particular, on the provision of adequate has been carried out into the case and, if not, if capacity and consideration of equity of access to he will recommend that one be initiated; and if neurosurgical services having regard to best his Department has examined this case and its practice in the provision of quality healthcare. I implications for IVF treatment in this State. understand that the work of the comhairle [1327/04] committee on neurosurgical services is ongoing . Minister for Health and Children (Mr. Martin): Decisions in relation to the future development First, I would like to convey my deepest of neurosurgical services will be informed by the sympathy to the family of the woman concerned. comhairle report. My Department requested a report on this case from the Rotunda Hospital. However, my Hospitals Building Programme. Department is advised that, as the circumstances 660. Mr. Deenihan asked the Minister for surrounding the death of the person concerned Health and Children if stage III of the planning are currently the subject of an inquest under the process for the 50-bed community nursing unit, jurisdiction of the Dublin city coroner, the Tralee, County Kerry, has now been completed; hospital is not in a position at this stage to when work will commence on the project; and if provide my Department with a report. It would he will make a statement on the matter. be inappropriate, therefore, for me to make any [1318/04] comment on the case at this stage. Minister of State at the Department of Health and Children (Mr. Callely): The provision of Question No. 663 answered with Question health services in the Kerry area is a matter for No. 659. the Southern Health Board in the first instance. The board included a proposal to develop a 50 Hospital Staff. bed community nursing unit in Tralee as part of 664. Mr. Durkan asked the Minister for Health the National Development Plan 2000-2006 which and Children if any assistance is available towards was submitted to my Department. the training of ambulance personnel, with A project team was established in May 2001 to particular reference to a person (details supplied) progress this development. The project team has in County Kildare who started their training on identified the preferred site for this development 12 January 2004 at St. Mary’s Phoenix Park, on land attached to Tralee general hospital. The Dublin; and if he will make a statement on the selected site is a three acre site, accessible from matter. [1329/04] the Killerisk road, which will allow for the community nursing unit to be developed Minister for Health and Children (Mr. Martin): independently from the general hospital campus. Responsibility for the training of ambulance The design team has completed the stage three personnel and any related matters rests with the report, which was submitted by the Southern Eastern Regional Health Authority. My Health Board on the 23 December 2003. My Department has therefore asked the regional Department is currently examining the chief executive to investigate the matter raised by submission and will continue to work with the the Deputy and reply to him directly. 599 Questions — 27 January 2004. Written Answers 600

Hospital Accommodation. Minister for Health and Children (Mr. Martin): The provision of medical services to residents of 665. Mr. McGuinness asked the Minister for County Mayo is the responsibility of the Western Health and Children if a bereavement room will Health Board. My Department has asked the be provided at St. Luke’s Hospital, Kilkenny; if chief executive officer of the board to investigate the SEHB have sought funding for the project; the position in relation to this case and reply to and if he will make a statement on the matter. the Deputy directly. [1330/04] 670. Mr. Ring asked the Minister for Health Minister for Health and Children (Mr. Martin): and Children when a person (details supplied) in The provision of services at St. Luke’s Hospital, County Mayo will be called to Galway for an County Kilkenny, is a matter for the South MRI scan on their back. [1361/04] Eastern Health Board. My Department has asked the chief executive officer of the board to Minister for Health and Children (Mr. Martin): investigate the matter raised by the Deputy and The provision of medical services to residents of to reply directly to him. County Mayo is the responsibility of the Western Health Board. My Department has asked its chief Services for People with Disabilities. executive officer to investigate the position of the 666. Mr. McGuinness asked the Minister for case and to reply to the Deputy directly. Health and Children if his Department will issue a comprehensive response to persons (details Mayo Landslide. supplied) in County Kilkenny regarding the 671. Mr. Ring asked the Minister for Health educational and medical care entitlements of and Children the funding provided from his their child who has autism. [1341/04] Department towards the landslide in north Minister of State at the Department of Health Mayo. [1362/04] and Children (Mr. T. O’Malley): Responsibility Minister of State at the Department of Health for the provision of health related support and Children (Mr. T. O’Malley): The Western services to people with an intellectual disability Health Board provides community services that and those with autism in the Kilkenny region are funded by my Department. An officer of the rests with the South Eastern Health Board. board, together with a senior psychologist, Therefore, my Department has asked the chief attended a public meeting concerning the executive officer of the board to investigate the landslide in Pollathomas on 3 October 2003. They matter raised by the Deputy and reply to him made themselves available for consultation to any directly. member of the community who wished to do so. The board have provided the local community Question No. 667 answered with Question with a contact number for counselling services if No. 659. they wish to avail of them in the future.

Health Board Services. Health Board Meetings. 668. Mr. Ring asked the Minister for Health 672. Mr. Ring asked the Minister for Health and Children if he will provide full details of the and Children the number of meetings held by the assessment of a person (details supplied) in Western Health Board in the year 2003, including County Mayo which led to the reduction of his associated meetings, sub-meetings, conferences home help hours in 2003, particularly in view of and other events; where the meetings were held; the incident which occurred over the Christmas who attended; the travel expenses paid; the period which has left this person injured and in overtime or subsistence if any that was paid for hospital. [1359/04] those in attendance; and the amount of money Minister of State at the Department of Health that was paid for hotels or premises used for the and Children (Mr. Callely): As the Deputy will meetings or conferences. [1363/04] be aware, the provision of health services in the Minister for Health and Children (Mr. Martin): Mayo area is, in the first instance, the Responsibility for the volume and cost of all responsibility of the Western Health Board. My meetings held by the Western Health Board rests Department has, therefore, asked the chief with it. My Department has asked its CEO to executive of the board to investigate the matter investigate the matters raised by the Deputy and raised by the Deputy and reply direct to him as a to reply directly to him. matter of urgency. Health Centres. Hospital Waiting Lists. 673. Mr. O’Connor asked the Minister for 669. Mr. Ring asked the Minister for Health Health and Children when a decision will be and Children when a person (details supplied) in taken in respect of the case of a person (details County Mayo will be called to Merlin Park for a supplied) in Dublin 24 in light of the anxiety of hip replacement operation. [1360/04] staff and the community that action be taken; and 601 Questions — 27 January 2004. Written Answers 602 if he will make a statement on the matter. rheumatology and rehabilitation services. At [1376/04] present it is examining the Irish Society of Rheumatology’s report Rheumatology Minister for Health and Children (Mr. Martin): Manpower Report 2002. It examines the current The provision of health centres to meet the needs state of rheumatology services and identifies the of local communities within its functional area, is a matter for the Eastern Regional Health resources needed to develop the service. Authority. Recently the authority submitted My Department and I shall consider future proposals for the development of the centre. My planning requirements in the context of the Department will soon complete its consideration Comhairle examination. of the proposals in the context of its overall capital priorities for 2004. It will then be in a Hospital Waiting Lists. better position to communicate with the ERHA 676. Mr. McCormack asked the Minister for about progressing the project. Health and Children the number of people in the 674. Mr. F. McGrath asked the Minister for Western Health Board area waiting for treatment Health and Children if he will work closely with in the rheumatalogy department in University the Spina Bifida Association, St. Ita’s Hospital, College Hospital, Galway, Portiuncula Hospital, Portrane, and the health board to see if the Spina Ballinasloe, County Galway and Roscommon Bifida Association could secure some land for a Hospital; and if he will make a statement on the respite care centre; and if he will make a matter. [1390/04] statement on the matter. [1383/04] Minister for Health and Children (Mr. Martin): My Department does not routinely collect this Minister of State at the Department of Health type of data. It has asked the CEO of the Western and Children (Mr. T. O’Malley): The provision Health Board to collate the information and to of health related services, including respite care reply directly to the Deputy. centres, for people with physical and — or 677. Mr. Naughten asked the Minister for sensory disabilities is a matter for the ERHA and Health and Children when a person (details the health boards in the first instance. The supplied) in County Roscommon will be called Deputy’s question has been referred to the for a spinal fusion operation at Beaumont authority’s CEO with a request that he examine Hospital; and if he will make a statement on the the matter and reply to him directly, as a matter matter. [1393/04] of urgency.

Hospital Staff. Minister for Health and Children (Mr. Martin): The provision of medical services to residents of 675. Mr. McCormack asked the Minister for County Roscommon is the responsibility of the Health and Children the position regarding the Western Health Board. My Department has filling of the post of consultant physician with a asked its CEO to investigate the case and to reply special interest in rheumatology in the Western directly to the Deputy. Health Board area; the number of posts that will be filled; when the physicians will be appointed; Question No. 678 answered with Question and if he will make a statement on the matter. No. 675. [1389/04] 678. Mr. Naughten asked the Minister for Question No. 679 answered with Question Health and Children if he will approve the No. 659. appointment of three rheumatologists to cater for patient needs in the WHB region and a paediatric Services for People with Disabilities. rheumatologist; the additional rheumatology 680. Mr. Ring asked the Minister for Health services that will be provided in 2004; and if he and Children when adequate resources, as will make a statement on the matter. [1394/04] identified in the Harmon Review 2000, will be Minister for Health and Children (Mr. Martin): made available for people with physical and I propose to take Questions Nos. 675 and 678 sensory disabilities; when funding will be made together. available for the 21 positions identified in the The expansion of existing rheumatology WHB area; and if he will make a statement on services is initially a matter for the health boards the matter. [1427/04] or the Eastern Regional Health Authority. It is 725. Mr. Connaughton asked the Minister for based on the relative priority accorded to the Health and Children the reason \100,000, service by the agencies and in light of available recommended in the Harmon review of 2002, has funding. not been made available; and if he will make a Comhairle na nOspide´al is the statutory body statement on the matter. [1660/04] responsible for regulating the number and type of appointments of consultant medical staff in Minister of State at the Department of Health hospitals and services are provided under the and Children (Mr. T. O’Malley): I propose to Health Acts. In 1995 it carried out a review of take Questions Nos. 680 and 725 together. 603 Questions — 27 January 2004. Written Answers 604

[Mr. T. O’Malley.] the fact that the current ratio is one consultant The development of health related support neurologist per 280,000 of population in the services to people with physical and sensory health service; that the recommendation of the disabilities is a matter for the Eastern Regional Irish Consultant Neurologists Association is one Health Authority and the health boards in the consultant neurologist per 100,000 of population; first instance. Priorities for the allocation of that catering for a population of 450,000 people in funding available for the development of such the South Eastern Health Board area, Waterford services are decided by the health boards in Regional Hospital would require the services of consultation with boards regional co-ordinating 4.5 consultant neurologists according to the committees for physical and sensory disabilities. ICNA recommendation; that Waterford Regional Voluntary sector service providers and consumers Hospital has no consultant neurologist on staff are represented on the co-ordinating committees. even though it has had a state of the art MRI The Deputies questions have been referred to scanner for the past two years; his plans to the chief executive officer of the Western Health address the serious deficit in services for people Board with a request that she examine these residing in the SEHB area; and if he will make a matters and reply directly to the Deputies, as a statement on the matter. [1470/04] matter of urgency. Minister for Health and Children (Mr. Martin): Hospital Waiting Lists. I propose to take Questions Nos. 683, 685 and 695 together. 681. Mr. Ring asked the Minister for Health Recently Comhairle na nOspide´al published its and Children when a person (details supplied) in report of the committee to review neurology and County Mayo will be called to Merlin Park neurophysiology services. I am happy to endorse Hospital for a hip operation. [1428/04] its recommendations for a significant Minister for Health and Children (Mr. Martin): enhancement of services, including increases in The provision of medical services to residents of consultant manpower. The report also recognises County Mayo is the responsibility of the Western that there are aspects of a number of other Health Board. My Department has asked its specialties and services such as rehabilitation CEO to investigate the case and to reply directly medicine, geriatric medicine and old age to the Deputy. psychiatry that are related to an overlap with neurology services. Comhairle has recommended Ambulance Service. that a national multidisciplinary review of 682. Mr. Ring asked the Minister for Health rehabilitation services be undertaken to further and Children the number of ambulances in inform the policy framework on the development Castlebar, County Mayo; the registration number of neurology services. of same to indicate their age; if an ambulance Consistent with this recommendation, and in broke down during a recent emergency case in line with commitments in the national health the west Mayo area; when funding will be made strategy, a national action plan for rehabilitation available to provide new ambulances for services is currently being prepared by my Castlebar; and if he will make a statement on the Department. It will set out a programme to meet matter. [1429/04] existing shortfalls in services and to integrate specialised facilities with locally based follow-up Minister for Health and Children (Mr. Martin): services. The rehabilitation action plan, together Responsibility for the provision of ambulance with the Comhairle report and the work services in County Mayo rests with the WHB. My undertaken by the Neurological Alliance of Department has asked its CEO to investigate the Ireland through its own publications, will offer a matters raised by the Deputy and to reply to comprehensive policy framework for the future him directly. development of neurology and neurophysiology services here. Hospital Services. My Department will continue to work closely 683. Mr. Hogan asked the Minister for Health with the alliance and with the Irish Consultant and Children if he will appoint a consultant Neurologists Association on the future neurologist to Waterford Regional Hospital in development of services. The implementation of view of a recommendation in the recent the Comhairle recommendations will be Comhairle na nOspide´al report on neurology progressed having regard to the evolving policy services here; and if he will make a statement on framework in the area, competing funding the matter. [1438/04] priorities and the report of the national task force 685. Mr. O’Shea asked the Minister for Health on medical staffing. and Children his proposals in regard to the provision of neurological services for Waterford Cancer Screening Programme. Regional Hospital; and if he will make a 684. Mr. Ardagh asked the Minister for Health statement on the matter. [1441/04] and Children if he will examine why results of 695. Mr. Howlin asked the Minister for Health smear tests for women take over four months to and Children if his attention has been drawn to process; and his proposals to expedite the matter, 605 Questions — 27 January 2004. Written Answers 606 particularly because this is unacceptable for Hospital \ young women in a high risk category. [1439/04] Mater Misericordiae 197 Minister for Health and Children (Mr. Martin): St. James’s 262 Waiting times associated with the cervical St. Vincent’s 256 cytology service in the eastern region is a matter for the Eastern Regional Health Authority. The details of the individual were supplied by the The cost per attendance includes direct pay and Deputy. They have been sent to the regional chief non-pay costs together with allocations of various executive of the ERHA with a request that the medical services, laboratories and overheads such matter be investigated and that he issue a as maintenance and administration. response directly to her. The authority has stated There are a number of factors that influence that if a test is notified as clinically urgent, results the cost per attendance. For example, cost will usually be returned within one to three allocation methodology and physical layout of a weeks. Waiting times can vary between four and department. A major factor is the number of 16 weeks for routine screening. patients attending. The number of attendances Over recent years I have provided additional for the hospitals listed above ranges between funding to support the ongoing development of 25,868 for the James Connolly Memorial Hospital cervical cytology laboratory and coloscopy to 72,678 for the Adelaide, Meath and National services within the ERHA. This was done with a Children’s Hospital. view to achieving improved services, in particular, Hospitals must always be able to treat complex waiting times for cervical smear test results. In emergency cases. It is a major fixed cost in the 2004 additional funding of \0.440 million was running of an accident and emergency allocated to the ERHA as part of a programme department. This, together with the throughput of continued investment in the area. issue, are the main reasons for the variation in The authority’s objective is to reduce the cost per attendance outlined above. turnaround time for processing routine smears. The initiatives taken include overtime, faster Question No. 687 answered with Question screening technology in the region and the No. 659. outsourcing of cervical cytology to external laboratories. Mental Health Services. The authority allocated additional funding to 688. Mr. Rabbitte asked the Minister for its screening agencies to introduce liquid based Health and Children the number of straitjackets technology. This involved investment in new in the possession of the health boards and other equipment and at present all staff, from smear agencies funded by the State and involved in the takers to laboratory staff, are being trained to use care and treatment of prisoners, persons with it. Liquid based cytology smears are easier and psychiatric illnesses and persons with intellectual quicker to screen but the cost of consumables is disabilities; and if he will make a statement on more expensive than the traditional PAP method. the matter. [1451/04] It is expected that the additional expense will be balanced by a quicker screening time and a 689. Mr. Rabbitte asked the Minister for reduction in processing time. Health and Children the legislation, rules and regulations covering the use of straitjacket in Question No. 685 answered with Question hospitals and other institutions; if he will supply No. 683. a copy of the rules and regulations; and if he will make a statement on the matter. [1452/04] Hospital Attendance Costs. 691. Mr. Rabbitte asked the Minister for 686. Ms O. Mitchell asked the Minister for Health and Children if his attention has been Health and Children the average cost of treating drawn to the fact that some psychiatric hospitals patients in accident and emergency departments incarcerate patients in a silent room; his views on in each of the major Dublin teaching hospitals. it; and if he will make a statement on the [1445/04] matter. [1454/04] Minister for Health and Children (Mr. Martin): Minister of State at the Department of Health The following tabular statement outlines the and Children (Mr. T. O’Malley): I propose to average cost of treating such patients. The cost take Questions Nos. 688, 689 and 691 together. per attendance relates to 2002, the latest year for The use of seclusion and mechanical constraint which data is available and is based on cost and has been largely eliminated from mental health activity information provided by each hospital. care. However, in a small number of instances such measures are utilised as a last resort. In The Hospital \ Guidelines on Good Practice and Quality Assurance in Mental Health Services, issued to Adelaide, Meath and National Children’s 205 service providers by the inspector of mental Beaumont 210 hospitals, the proper safeguards and precautions governing the use, as a last resort, of seclusion James Connolly Memorial 343 and mechanical constraint are outlined. Some 607 Questions — 27 January 2004. Written Answers 608

[Mr. T. O’Malley.] 693. Mr. Ring asked the Minister for Health recommendations are as follows: only a and Children if he will provide a copy of the consultant psychiatrist may prescribe such advertisement for the recruitment of medical treatments in writing; the decision should be officers for the Mayo and Roscommon hospice reviewed every six hours; a patient should be unit attached to the Sacred Heart Hospital, visited by a nurse and observations recorded and Castlebar, County Mayo; if he will provide details documented every 15 minutes; and a separate of the full remuneration package on offer for the care plan must be maintained for patients where position; and if he will confirm if the salary is the such measures are required, recording reason it is proving difficult to recruit suitable information on events and the actual behaviour personnel. [1457/04] and interventions used prior to the episode. Minister for Health and Children (Mr. Martin): Recently the Mental Health Commission I propose to take Questions Nos. 692 and 693 appointed Dr. Teresa Carey to the new position together. of inspector of mental health services. It replaces Responsibility for the provision of health the office of inspector of mental hospitals. The services in County Mayo rests with the Western inspector is required to visit and inspect all Health Board. It has advised my Department that approved centres at least once a year. She will the hospice unit was officially opened on 23 monitor implementation of the guidelines during January 1999. The cost of refurbishing it her annual inspection of each service. amounted to \222,204.16 and it consists of two In recent times many psychiatric hospitals and inpatient beds. Its occupancy rates when it was acute units provide multi-sensory rooms for open were in the region of 95%. Unfortunately, patients where a calm and quiet atmosphere is the inpatient beds have not been available for created to help patients relax. Such facilities are some time due to the absence of a medical officer. most helpful to patients. The board has had difficulty in filling the post of medical director to service the hospice unit. It Patient Statistics. was advertised in the national newspapers on 690. Mr. Rabbitte asked the Minister for three previous occasions. The advertisements Health and Children the number of people contained details of the remuneration package available. It is in line with national pay rates for resident in psychiatric hospitals who have been the grade. The board is in the process of diagnosed as suffering from a form of autism; and readvertising the post in conjunction with a post if he will make a statement on the matter. of general practitioner for the Foxford-Straide [1453/04] area. It hopes that the new advertisement will Minister of State at the Department of Health generate a positive response and the post will be and Children (Mr. T. O’Malley): The following filled. tabular statement outlines the number of autistic persons in psychiatric hospitals in April 2003. Health Board Services. 694. Dr. Cowley asked the Minister for Health Health Board Numbers and Children when a person (details supplied) in County Mayo will receive orthodontic treatment; ERHA 2 and if he will make a statement on the matter. Midland none [1461/04] Mid-Western 2 Minister for Health and Children (Mr. Martin): North Eastern none Responsibility for the provision of orthodontic North Western 2 treatment to eligible persons in County Mayo South Eastern 8 rests with the Western Health Board. My Southern none Department has asked its CEO to investigate the Western 2 matter and to reply to the Deputy.

Total 16 Question No. 695 answered with Question No. 683. Question No. 691 answered with Question No. 688. Pharmacy Regulations. 696. Mr. Rabbitte asked the Minister for Hospice Services. Health and Children if his attention has been 692. Mr. Ring asked the Minister for Health drawn to the concerns expressed by pharmacists and Children the cost of the hospice unit attached at the implications of EU Directive 85/433/EC to the Sacred Heart Hospital, Castlebar, County that gives member states the option of not Mayo; its patient numbers for the past three recognising the qualification of an EU or EEA years; when it will reopen; the progress that has qualified pharmacist in relation to ownership, management or supervision of a pharmacy that is been made to date in the recruitment of suitable less than three years old, while no such restriction medical officers; and if he will make a statement applies to pharmacists from outside the EU or on the matter. [1456/04] 609 Questions — 27 January 2004. Written Answers 610

EEA area; if he intends to take steps to address Minister for Health and Children (Mr. Martin): this anomaly during the Irish Presidency; and if The provision of medical services to residents of he will make a statement on the matter. County Mayo is the responsibility of the Western [1487/04] Health Board. My Department has asked its CEO to investigate the case and to reply to the Minister for Health and Children (Mr. Martin): Deputy. Through the derogation available under Article 2.2 of Directive 85/433/EEC on the free Services for People with Disabilities. movement of pharmacists, EU or EEA pharmacists who qualified in another EU or EEA 700. Mr. Stagg asked the Minister for Health state cannot own in their own right, operate or and Children if he will sanction the payment of a manage a pharmacy in Ireland that is less than grant to Rehab Care for \15,000 (details three years old. supplied); and if he will make a statement on the The derogation was implemented in Ireland matter. [1491/04] through the European Communities Minister of State at the Department of Health (Recognition of Qualifications In Pharmacy) and Children (Mr. T. O’Malley): Responsibility Regulations 1987 (S.I. No. 239 of 1987) and for the provision of funding for services to European Communities (Recognition of persons with autism or intellectual disability in Qualifications In Pharmacy) Regulations 1991 the Kildare region lies with the Eastern Regional (S.I . No. 330 of 1991). These regulations do not Health Authority. My Department has asked its preclude such pharmacists from working in a CEO to investigate the matter and to reply pharmacy less than three years old, other than as directly to the Deputy. a supervising pharmacist. The Pharmaceutical Society of Ireland is Hospital Staff. responsible for the registration of pharmacists 701. Ms O. Mitchell asked the Minister for and for the recognition of non-EU pharmacy Health and Children if he will prevent the large- qualifications. It currently has reciprocal scale recruitment of nurses from India which. It arrangements with its counterparts in Australia is a developing country and its need for nurses is and New Zealand that recognises the pharmacy greater than ours. [1492/04] qualifications of these countries. Therefore, the EU derogation does not apply to pharmacists Minister for Health and Children (Mr. Martin): from those countries. My Department’s policy on the recruitment of The pharmacy review group considered the overseas nurses is set out in Guidance for Best issue of the derogation and I am examining the Practice on the Recruitment of Overseas Nurses complex legal and other issues surrounding its and Midwives published in 2001. It covers all recommendations. Consideration will be given to aspects of the recruitment process including Ireland’s use of the derogation on completion of planning, staff selection, visas and work permits, my examination. provision of advice before leaving home, the procedures for gaining registration in Ireland and Question No. 697 answered with Question induction, orientation and adaptation on arrival. No. 659. It was developed by a committee of experts from Departments and the health service employers Health Board Services. and represents current best practice. The guiding principles underlying the policies are quality, 698. Dr. Upton asked the Minister for Health ethical recruitment, equity, inclusiveness and and Children when a person (details supplied) in promotion of nursing as a career. Dublin 8 will receive an urgently needed hand rail Supports provided to overseas nurses arriving for which they have been waiting a considerable to work in the health service include supervised period. [1489/04] clinical practice, orientation and assessment. A Minister of State at the Department of Health full-time clinical placement co-ordinator is and Children (Mr. Callely): The provision of employed to facilitate this. Nurses are paid at the health services in the Dublin 8 area is the minimum point of the staff nurse scale during this responsibility of the South Western Area Health period and are given full incremental credit for Board. It acts under the aegis of the Eastern relevant nursing experience following Regional Health Authority. My Department has registration. Overseas nurses enjoy the same asked the authority’s CEO to investigate the employment protection as Irish and EU nurses matter and to reply directly to the Deputy, as a and have the same career development supports matter of urgency. and opportunities. Employers are required to assist overseas Hospital Services. nurses in obtaining registration with An Bord Altranais and work permits, visas and work 699. Mr. Ring asked the Minister for Health authorisations can also be provided. Employers and Children when a bed will be made available should provide subsidised accommodation for six in St. Luke’s Hospital, Dublin, for a person weeks following arrival and assist nurses in (details supplied) from County Mayo. [1490/04] securing long-term private accommodation. 611 Questions — 27 January 2004. Written Answers 612

[Mr. Martin.] is examining the issue of age limits for mobility In 2000 the chairperson of the Dublin academic related allowances. teaching hospitals recruitment and retention group met officials from the Ministry for Health Consultancy Contracts. in India. It positively supports recruitment of 703. Mr. P. Breen asked the Minister for nurses from India by the Irish health service. Health and Children if his Department is Overseas nurses are making an invaluable planning to employ marketing consultants to sell contribution to the health service and we are the main recommendations of the recent Hanly pleased to have them. Overseas nurses gain good report; the amount the Department intends to professional experience while in Ireland and it spend on the consultants’ services; and if he will will enhance their contribution to nursing when make a statement on the matter. [1522/04] they return home. Minister for Health and Children (Mr. Martin): Grant Payments. Recently my Department invited expressions of interest from relevant consultancies to participate 702. Mr. Naughten asked the Minister for in a tendering process for a public relations and Health and Children the reason a person over the information campaign for the report of the age of 65 years is not entitled to a motorised national task force on medical staffing. Last transport grant; if the age limit complies with age December the invitation was placed on the discrimination legislation; the plans he has to Government procurement website, in line with review the scheme; and if he will make a EU procurement guidelines. statement on the matter. [1512/04] A number of firms have been invited to submit Minister of State at the Department of Health tenders for the contract. The total amount to be and Children (Mr. T. O’Malley): The guidelines spent on the contract will depend on the tenders for the motorised transport grant were revised in submitted. The contract specification envisages July 2002, in accordance with recommendations that the contract will involve approximately 100 by the national health board working group on working days. My Department anticipates that it disability related allowances-grants that came will be awarded within the next four weeks. under the aegis of my Department. The revised circular states that all health Housing Aid for the Elderly. boards may pay a grant towards the purchase of 704. Mr. Ring asked the Minister for Health a car and-or to a car being purchased by a person and Children if a special housing aid for the with a severe disability who is 17 years or older elderly scheme grant can be paid to persons and up to 65 years of age to be adapted, where (details supplied) in County Mayo considering such a car is essential for him or her to obtain or that their child no longer lives with them. retain employment. Self-employed persons who [1528/04] satisfy the criteria of eligibility may also be considered subject to the above age limits. In Minister of State at the Department of Health cases where application is made on the basis of and Children (Mr. Callely): The provision of obtaining or retaining employment or self- health services in the Mayo area is the employment, the board must be satisfied that the responsibility of the Western Health Board. My applicant is capable of holding down a job, has Department has asked its CEO to investigate the the physical capacity to drive the vehicle and is matter and to reply directly to the Deputy, as a qualified to hold a full or provisional driver’s matter of urgency. licence. Qualified persons with a disability who 705. Mr. Ring asked the Minister for Health are incapable of driving or who have been and Children when persons (details supplied) in medically advised not to drive, and must be County Mayo will be approved assistance from driven to and from his or her place of the WHB under the special housing aid for the employment will only be considered eligible for a elderly scheme, considering they applied for help grant provided that he or she will be driven by last August. [1529/04] another named person to and from his or her place of employment. The car must be purchased Minister of State at the Department of Health in the name of the person with a disability. The and Children (Mr. Callely): The provision of grant may also be considered in exceptional health services in the Mayo area is the circumstances for a person with a severe responsibility of the WHB. My Department has disability, subject to the above age limits, who asked its CEO to investigate the matter and to lives in a remote location and whose disability reply directly to the Deputy, as a matter of impedes him or her from using public transport. urgency. The grant is primarily aimed at people with disabilities to enable them to obtain or retain Hospital Services. employment. Therefore, it is felt the upper age limit of 65 years of age is appropriate. The 706. Mr. McGuinness asked the Minister for working group has made various Health and Children if he will expedite an recommendations about age limits and eligibility operation for a person (details supplied) in criteria for the grant. At present my Department County Kilkenny to have cataracts removed at 613 Questions — 27 January 2004. Written Answers 614

Ardkeen Hospital, Waterford; and if he will health centre located in Thomastown, County explain the reason that there is an eight month Kilkenny, as part of the need to improve waiting list. [1559/04] infrastructure on foot of the decentralisation Minister for Health and Children (Mr. Martin): programme announced by the Government for The provision of services for people living in Thomastown; if he will examine other sites now County Kilkenny is a matter for the South available in Thomastown with a view to Eastern Health Board. My Department has asked relocating the centre and improving the services the chief executive officer of the board to offered; and if he will make a statement on the investigate the matter raised by the Deputy and matter. [1564/04] to reply directly to him. Minister for Health and Children (Mr. Martin): 707. Mr. McGuinness asked the Minister for The provision of health centres to meet the needs Health and Children if he will expedite an of local communities within its functional area, is operation for a person (details supplied) to a matter for the relevant health board or the remove cataracts at Ardkeen Hospital, Eastern Regional Health Authority in line with Waterford; and if an appointment for a scan will funding available under the national development be arranged at St. Luke’s Hospital, Kilkenny. plan. In the case of the centre at Thomastown, [1560/04] County Kilkenny, this responsibility rests with the South Eastern Health Board. Minister for Health and Children (Mr. Martin): I have been advised that that health board is The provision of services for people living in aware of the limitations of the present structure County Carlow is a matter for the South Eastern with regards to the provision of services and is Health Board. My Department has asked its actively pursuing the acquisition of an alternative CEO to investigate the matter and to reply site in Thomastown in order to relocate the directly to the Deputy. health centre. The board has also indicated that it will take account of the potential implications Health Board Services. of decentralisation when planning any new 708. Mr. McGuinness asked the Minister for developments. Health and Children the reasons for the delay in providing an occupational therapy report in the Medical Cards. case of a person (details supplied) in County 711. Mr. McGuinness asked the Minister for Kilkenny who is an applicant under the disabled Health and Children the reasons a medical card person’s grant scheme; and if he will expedite an was refused in the case of a person (details assessment given the hardship of the case and the supplied) in County Kilkenny ; and if he will medical circumstances of those involved. arrange an appeal in this case. [1565/04] [1562/04] Minister of State at the Department of Health Minister for Health and Children (Mr. Martin): and Children (Mr. T. O’Malley): The provision Responsibility for the provision of a medical card of health related services, including occupational is, by legislation, a matter for the chief executive therapy, for people with physical and-or sensory officer of the relevant health board or authority. disabilities is a matter for the Eastern Regional My Department has therefore asked the chief Health Authority and the health boards. My executive officer of the South Eastern Health Department has asked the CEO of the South Board to investigate the matter raised by the Eastern Health Board to examine the matter and Deputy and to reply to him directly. to reply directly to the Deputy, as a matter of urgency. National Archives. 712. Caoimhghı´nO´ Caola´in asked the Minister Medical Cards. for Health and Children the number of files for 709. Mr. McGuinness asked the Minister for 1973 in his Department released to the National Health and Children if he will expedite an Archives under the 30 year rule; the number application for a medical card for a person in withheld; and the subject matter of the files County Kilkenny on medical grounds. [1563/04] withheld. [1586/04] Minister for Health and Children (Mr. Martin): Minister for Health and Children (Mr. Martin): Responsibility for the provision of a medical card Before the Department can transfer its records is, by legislation, a matter for the CEO of the to the National Archives, it must update its file relevant health board or authority. My tracking system and log all holdings, active and Department has asked the CEO of the South inactive onto a database. This work commenced Eastern Health Board to investigate the matter in September 2003 and is ongoing at present. It is and to reply directly to the Deputy. due to be completed by the end of 2004. However, the Department has been in contact Health Board Services. with the National Archives since mid-2003 with a 710. Mr. McGuinness asked the Minister for view to transferring all relevant outstanding Health and Children his plans to upgrade the records as soon as possible. 615 Questions — 27 January 2004. Written Answers 616

[Mr. Martin.] Department of Health and Children to all health It is estimated that the Department would have boards in July 2002, to standardise the procedures in the region of 30,000 files covering a wide range used at all health board levels for the operation of health and personal social services that may be of the various allowances and grants. The circular suitable for release to the National Archives confirms the purpose of mobility allowance as an under the 30 year rule. allowance that: “provides financial support to Files that would be withheld would be those eligible people who are unable to walk or use files that are in current use, especially those files public transport and is intended to enable them that are required for various tribunals, enquiries to benefit from a change in surroundings — for and commissions. Files would also be withheld in example, by financing the occasional taxi relation to personal records in respect of persons journey.” who have been in the care of the State as The circular on the motorised transport grant children, for which the Department has a large states: number of requests under the Freedom of Information Acts. The Department is also a Health Board may pay a grant towards the undertaking the microfilming of files, which will purchase of a car and/or adaptions to a car enable the Department to address its being purchased by a person with a severe responsibility under the National Archives Act by disability who is 17 years or older and up to 65 retaining the microfilm and releasing the actual years of age, where such a car is essential for file. him/her to obtain or retain employment. Self- employed persons who satisfy the criteria of Ambulance Service. eligibility may also be considered (subject to the above age limits). 713. Mr. Naughten asked the Minister for Health and Children if he will approve \130,000 Therefore the two schemes are mutually for the provision of an ambulance base in west exclusive. Roscommon; and if he will make a statement on Furthermore, the 1968 circular on motorised the matter. [1589/04] transport grant stated: “the making of grants should be on the condition that the health Minister for Health and Children (Mr. Martin): authority will not be called upon at any future Responsibility for the provision of ambulance date to contribute towards the running expenses.” services in County Roscommon rests with the Western Health Board. My Department has The revised motorised grant circulars reiterate therefore asked the chief executive officer of the this position by confirming that: board to investigate the matter raised by the The payment of a motorised transport grant Deputy and to reply to him directly. is subject to the condition that the health board 714. Mr. Naughten asked the Minister for will not be called upon at any future date to Health and Children if he will provide the contribute towards the running costs of the Western Health Board with the funding for a 24 vehicle. In this context, a mobility allowance hour ambulance base at Ballinasloe, County recipient cannot qualify for the motorised Galway; and if he will make a statement on the transport grant. Similarly, a person who has matter. [1590/04] received the motorised transport grant in the previous three years cannot qualify for mobility Minister for Health and Children (Mr. Martin): allowance. Where a mobility allowance Responsibility for the provision of ambulance recipient wishes to avail of a motorised services in County Galway rests with the Western transport grant, mobility allowance should Health Board. My Department has therefore cease from the date of payment of the asked the chief executive officer of the board to motorised transport grant." investigate the matter raised by the Deputy and to reply to him directly. Hospital Waiting Lists. 716. Mr. Wall asked the Minister for Health Grant Payments. and Children when a person (details supplied) in 715. Mr. Neville asked the Minister for Health County Kildare will receive an appointment for a and Children the changes with regard to payment hip operation in view of the fact that this person of mobility allowance on the application for a is in constant and serious pain; and if he will make motorised transport grant. [1594/04] a statement on the matter. [1611/04] Minister of State at the Department of Health Minister for Health and Children (Mr. Martin): and Children (Mr. O’Malley): The national Responsibility for the provision of health services health board review group on Department of to persons residing in County Kildare rests with Health and Children disability allowances and the Eastern Regional Health Authority. My grant schemes was established to review certain Department has therefore asked the regional Department of Health and Children disability chief executive of the authority to investigate the allowances and grant schemes. The review group matter raised by the Deputy and to reply to him finalised draft circulars, which were issued by the directly. 617 Questions — 27 January 2004. Written Answers 618

Grant Payments. executive officer of the Western Health Board to respond directly to the Deputy on the matter. 717. Mr. Wall asked the Minister for Health and Children , further to parliamentary Question Ambulance Service. No. 225, the reason the person has not yet received repayments due from the Department 721. Mr. Naughten asked the Minister for for which this person applied in August 2003. Health and Children the mileage on each [1612/04] operational ambulance in the Western Health Board area, the location of each ambulance and Minister for Health and Children (Mr. Martin): its associated mileage; the plans he has to I have had inquiries made in the matter and I increase the funding provided to the health board understand that payment has now issued to the to upgrade its fleet; and if he will make a person concerned. statement on the matter. [1630/04] Health Board Allowances. Minister for Health and Children (Mr. Martin): The Western Health Board is responsible for the 718. Mr. Wall asked the Minister for Health provision of ambulance services in its functional and Children if a domiciliary allowance has been area. My Department has therefore asked the allocated to a person (details supplied); if all chief executive officer of the board to investigate arrears have been paid in regard to the the matters raised by the Deputy and to reply to application; and if he will make a statement on him directly. the matter. [1613/04] Minister of State at the Department of Health Health Board Funding. and Children (Mr. T. O’Malley): The assessment 722. Mr. Naughten asked the Minister for of entitlement to and payment of the domiciliary Health and Children the reason the Western care allowance, including the payment of arrears, Health Board received the smallest percentage in any individual case is a matter for the relevant increase in its letter of determination; and if he health board. My Department has therefore will make a statement on the matter. [1631/04] asked the regional chief executive, Eastern Regional Health Authority, to investigate the Minister for Health and Children (Mr. Martin): matter raised by the Deputy and reply directly The 2004 determination for the Western Health to him. Board is \780.059 million, which is an increase on 9.98% over the 2003 revised base determination. Hospital Waiting Lists. The method used for deciding on the determination for any health board relates to the 719. Mr. Wall asked the Minister for Health base level of approved funding being carried over and Children when will a person (details from the previous year, increased by overall supplied) in County Kildare receive a date for a adjustments for specific services, pay increases, foot operation at Naas General Hospital; and if demand led schemes, casemix and inflation he will make a statement on the matter. factors and other service developments, together [1614/04] with once-off funding not repeated in the current Minister for Health and Children (Mr. Martin): year. The decisions on the determinations are Responsibility for the provision of health services informed by ongoing discussions during the to persons residing in County Kildare rests with previous year between health boards and my the Eastern Regional Health Authority. My Department in the context of delivering services Department has therefore asked the regional within the approved budget. chief executive of the authority to investigate the While adjustments for technical items — pay matter raised by the Deputy and to reply to him issues and inflation — are applied on a consistent directly. basis across boards, specific service adjustments are determined by policy considerations and the Health Board Services. needs of individual catchment areas. Such decisions can affect the base determination, the 720. Mr. Naughten asked the Minister for current year determination and the comparison Health and Children the reason for the delay in as between those. As I understand from reopening the dental clinic in Ballyforan, County preliminary figures for 2003, the board, once Roscommon; if it is acceptable that parents and again, performed very well against its service plan children have to wait nearly 12 months following targets and financial budget. In particular, acute the last clinic to find out the future of the facility; hospital output increased over 2002 levels (based and if he will make a statement on the matter. on the latest available data) and, overall, it gained [1629/04] some \1.66 million in the casemix adjustments in Minister for Health and Children (Mr. Martin): 2004. The Western Health Board gained more As the Deputy is aware, the provision of dental than any other board for the casemix adjustment services to eligible persons in County for 2004. The adjustments made to the Western Roscommon is the statutory responsibility of the Health Board determination for 2004 are entirely Western Health Board in the first instance. My consistent with the approach taken with other Department has therefore asked the chief boards and health agencies. 619 Questions — 27 January 2004. Written Answers 620

Accident and Emergency Services. rethink his Departments attitude to this treatment. [1672/04] 723. Mr. Naughten asked the Minister for Health and Children the staffing complement in Minister for Health and Children (Mr. Martin): the accident and emergency unit at the County Services at Beaumont Hospital are provided Hospital, Roscommon; the planned staffing under an arrangement with the Eastern Regional complement following the opening of the new Health Authority. My Department has, therefore, accident and emergency facility next month; and asked the regional chief executive of the if he will make a statement on the matter. authority to examine the issue raised and to reply [1632/04] to the Deputy directly. Minister for Health and Children (Mr. Martin): The provision of medical services, including Health Board Services. accident and emergency services at the County 728. Mr. F. McGrath asked the Minister for Hospital, Roscommon, is the responsibility of the Health and Children to give the maximum Western Health Board. My Department has support and assistance to a person (details asked the chief executive officer of the board to supplied) in Dublin 5 who is on a waiting list for investigate the position in relation to this matter dental surgery; and if he will make this a and reply to the Deputy directly. priority. [1673/04] Health Board Records. Minister for Health and Children (Mr. Martin): 724. Dr. Cowley asked the Minister for Health Responsibility for the provision of dental services and Children the reason a file (details supplied) to eligible persons in Dublin 5 rests with the in the possession of the Western Health Board is Eastern Regional Health Authority. My not available to the family, even though the Department has asked the regional chief allegations were found to be untrue; the reason executive to investigate the matter raised by the this family have been told on numerous occasions Deputy and to reply to him directly. that this file is not available to them; and if he will make a statement on the matter. [1649/04] Hospital Services. Minister of State at the Department of Health 729. Mr. Noonan asked the Minister for Health and Children (Mr. B. Lenihan): Responsibility for and Children if his attention has been drawn to the matter referred to by the Deputy rests with the lack of services in the mid-west area for the Western Health Board. Accordingly, my persons with diabetes, particularly for children; Department has asked the chief executive officer when a podiatrist will be appointed to the Mid- of the board to reply directly to the Deputy. Western Health Board; and if he will make a statement on the matter. [1676/04] Question No. 725 answered with Question Minister for Health and Children (Mr. Martin): No. 680. Responsibility for the provision of services for persons with diabetes and for recruitment issues Hospital Services. arising rests, in this instance, with the Mid- 726. Mr. McGuinness asked the Minister for Western Health Board. My Department has Health and Children if he will provide a 24 hour therefore asked the chief executive officer to on-call CAT scan service at St. Luke’s Hospital, examine the matters raised by the Deputy and Kilkenny; the procedure in place at present for reply to him directly. scans which are required outside of the hours of service; the location used and the costs involved; Services for People with Disabilities. and if he will make a statement on the matter. 730. Ms B. Moynihan-Cronin asked the [1664/04] Minister for Health and Children when a reply Minister for Health and Children (Mr. Martin): will issue to Parliamentary Question No. 313 of The provision of services at St Luke’s Hospital, 21 October 2003 with regard to the provision of County Kilkenny, is a matter for the South an occupational therapist for County Kerry; and Eastern Health Board. My Department has asked if the Minister’s attention has been drawn to the the chief executive officer of the board to fact that in one school alone, nine children are investigate the matter raised by the Deputy and being deprived of this service; and if he will make to reply directly to him. a statement on the matter. [1694/04] 727. Mr. R. Bruton asked the Minister for Minister of State at the Department of Health Health and Children if his attention has been and Children (Mr. T. O’Malley): The provision drawn to reports (details supplied) that of health related services, including occupational treatments could be provided for Parkinson’s therapy services, to people with physical and-or disease in Beaumont Hospital, but the treatment sensory disabilities is a matter for the Eastern is not being made available because his Regional Health Authority and the health boards Department has not designated the treatment as in the first instance. A reply to Parliamentary a speciality to be developed and assigned the Question No. 313 of 21 October 2003 was issued health board resources required; and if he will by the Southern Health Board on 11 November 621 Questions — 27 January 2004. Written Answers 622 last. My Department has asked the chief were kept waiting for five and a half hours in the executive officer of the Southern Health Board accident and emergency department during which to update the Deputy on this matter. time other patients were vulnerable to catching the illness; if there are procedures in place for the Health Board Services. treatment of persons with infectious illnesses in accident and emergency wards; if these 731. Mr. Ring asked the Minister for Health procedures are being adhered to; his views on and Children when a person (details supplied) in whether they need to be reviewed in view of this County Mayo will be called for physiotherapy. incident; if his attention has been drawn to similar [1705/04] cases; and if so, the nature of those cases. Minister of State at the Department of Health [1707/04] and Children (Mr. Callely): As the Deputy will Minister for Health and Children (Mr. Martin): be aware, the provision of health services in the Responsibility for the funding of services at the Mayo area is, in the first instance, the Adelaide and Meath Hospital incorporating the responsibility of the Western Health Board. My National Children’s Hospital at Tallaght rests Department has, therefore, asked the chief with the Eastern Regional Health Authority. My executive of the board to investigate the matter Department has therefore asked the regional raised by the Deputy and reply direct to him as a chief executive of the authority to investigate the matter of urgency. matters raised by the Deputy and to reply to him directly. Men’s Health. 732. Caoimhghı´nO´ Caola´in asked the Minister Bullying in the Workplace. for Health and Children if he has received the 734. Mr. Rabbitte asked the Minister for report of the Men’s Health Forum in Ireland; if Health and Children the amount spent by the he will act upon its recommendations for the Northern Area Health Board in each of the past establishment of an advisory group for men’s five years in respect of compensation paid or legal health for all Ireland, research and data costs arising from cases taken regarding bullying collection, policy development and increased or anti-social behaviour in the workplace; and if training, awareness and resources; and if he will he will make a statement on the matter. make a statement on the matter. [1706/04] [1754/04] Minister for Health and Children (Mr. Martin): Minister for Health and Children (Mr. Martin): The health strategy, Quality and Fairness — A Responsibility for compensation and legal costs Health System For You, calls for the incurred rests in this instance with the Eastern development of a policy for men’s health and Regional Health Authority. My Department has health promotion. The national health promotion therefore requested the regional chief executive strategy 2000-2005 also identified the to investigate the matters raised by the Deputy development of a national plan for men’s health and reply to him directly. as an important initiative. In this regard, the health promotion unit of my Department has Hospital Waiting Lists. supported the appointment of a men’s health research officer, in the South Eastern Health 735. Mr. Ring asked the Minister for Health Board, to research the role of gender and and Children the reason it took from 1 January masculinity on Irish men’s concept of health, their 2004, when they were first notified, until 15 knowledge, beliefs and attitudes to health and January 2004 to get a bed for a person (details illness, health behaviours and risk behaviours, supplied) in County Mayo into Beaumont and the barriers that Irish men perceive in Hospital; and if he will investigate this matter. accessing the health services. [1755/04] The health promotion unit have also Minister for Health and Children (Mr. Martin): commenced a consultation process with all The provision of hospital services for persons relevant stakeholders, including the Men’s Health resident in County Mayo is a matter for the Forum, for the development of the men’s health Western Health Board. My Department has policy. The outcome of this consultation process asked the chief executive officer of the board to and the findings of the research will inform the investigate the position and to reply directly to development of the policy. the Deputy. 736. Mr. Ring asked the Minister for Health Infectious Diseases. and Children when a person (details supplied) in 733. Mr. Crowe asked the Minister for Health County Mayo will be called to Galway for an and Children if his attention has been drawn to assessment for a cataract operation; and when the case of a person (details supplied) in Dublin their surgery will take place. [1756/04] 24 who attended the accident and emergency department at Tallaght hospital on 30 December Minister for Health and Children (Mr. Martin): 2003 and was diagnosed with meningitis; if his The provision of hospital services for persons attention was further drawn to the fact that they resident in County Mayo is a matter for the 623 Questions — 27 January 2004. Written Answers 624

[Mr. Martin.] development which should enhance the ability of Western Health Board. My Department has the group to deliver high quality services. asked the chief executive officer of the board to Mr. Bonner has recognised in his report that investigate the position and to reply directly to the pattern of acute hospital service delivery is the Deputy. changing worldwide and that Monaghan hospital’s best guarantee for the future is to Health Board Services. participate in and accept those changes which will ensure its future viability. In this context, the 737. Mr. P. Breen asked the Minister for report’s recommendations in relation to the range Health and Children if approval and funding will and configuration of acute services to be be made available to the submission made by delivered within the Cavan-Monaghan hospital Carrigoran House and the Clare Alzheimer’s group are appropriate for consideration by the dementia care services for a day Alzheimer’s unit North Eastern Health Board. at Carrigoran House; and if he will make a In this regard, my Department is informed that statement on the matter. [1762/04] the North Eastern Health Board has set up a Minister of State at the Department of Health project group to implement the findings of the and Children (Mr. Callely): Responsibility for the Bonner report and that a project manager has provision of health services in County Clare is a been appointed to support the group. The project matter for the Mid-Western Health Board in the group is due to meet tomorrow 28 January, 2004. first instance. The board has advised my The recently published national task force on Department that dementia services in Clare are medical staffing — Hanly — report will further currently under review and that a number of inform decisions in relation to the future different groups, including Carrigoran House and configuration of acute hospital services. The task the Clare Branch of the Alzheimer’s Society, force was asked to make recommendations about have made submissions in this regard. The board how to best organise hospital medical staffing has further advised that these submissions are within the hospital system, having regard to the currently being examined in the context of the requirement of the European working time board’s overall plan for the development of directive to reduce the average weekly working dementia services in County Clare and that a hours of non-consultant hospital doctors and the proposal for the development of dementia recommendations of the Forum on Medical services in County Clare will be forwarded to my Manpower. Department in due course. In accordance with the recommendations in the Bonner report, I am making additional capital Hospital Services. funding available to the North Eastern Health Board under the national development plan. In 738. Mr. B. Smith asked the Minister for this context, my Department has recently Health and Children the progress in received proposals from the board on capital implementing the recommendations of the needs at Monaghan General Hospital in areas Bonner report on Monaghan General Hospital; such as refurbishment, fire precaution and other and if he will make a statement on the matter. health and safety measures. My Department is [1763/04] currently examining these proposals. 794. Mr. Crawford asked the Minister for Health and Children the progress he has made in Community Care. having the Bonner report implemented in 739. Mr. F. McGrath asked the Minister for Monaghan General Hospital; and if he will make Health and Children if the maximum advice, a statement on the matter. [2262/04] assistance and support will be given to a person Minister for Health and Children (Mr. Martin): (details supplied) in Dublin 5 when they return I propose to take Questions Nos. 738 and 794 home after being ill. [1764/04] together. Minister of State at the Department of Health On 25 July 2003 I published the report of Mr. and Children (Mr. Callely): I am pleased to Kevin Bonner on Monaghan General Hospital. I advise the Deputy that there are a range of indicated, at that time, my acceptance of the main community supports in place for patients when recommendation of the report that Monaghan discharged from hospital. Since my appointment General Hospital should continue to play a vital as Minister of State, I have encouraged the role in the delivery of acute hospital services to authority and the health boards to develop their the local community within the Cavan-Monaghan services to more focused individual care need e.g. hospital group. I have also accepted that public health nurse service, attendance at day additional services can be developed at the care, day hospital and rehabilitation, and the hospital to the benefit of the local community. In provision of respite care, home help and care particular, I welcomed the proposals in the report assistance, which also provided for home based aimed at strengthening the management capacity subvention as an alternative to long-stay of the hospital within the Cavan-Monaghan residential care. group. The central involvement of consultant The level of support provided depends on the staff within this new structure is a very significant persons needs, age, family supports, etc. The 625 Questions — 27 January 2004. Written Answers 626 normal procedure on discharge from hospital, an Alzheimer’s Association also provides home care individual’s needs are assessed by their own GP and day care services. in consultation with the geriatrician and the Respite services are provided in the board’s public health nurse, where necessary. community nursing units and long stay units As the Deputy will be aware, the provision of where approximately 47 beds are available for the health services in the Dublin 5 area is, in the first provision of respite care. The West of Ireland instance, the responsibility of the Northern Area Alzheimer’s Association also provides respite Health Board acting under the aegis of the care in Ballindine and Athenry. Eastern Regional Health Authority. My Department has, therefore, asked the chief Nursing Education. executive officer of the authority to investigate the matter raised by the Deputy and reply direct 742. Mr. Kenny asked the Minister for Health to him as a matter of urgency. and Children if State enrolled nurses trained in the UK are eligible for recognition here; if not, Hospital Waiting Lists. the inadequacies of such training which might be required to bring them up to the category of State 740. Mr. Naughten asked the Minister for registered nurses, or equivalent trained Health and Children the reason a person (details qualifications from Irish teaching hospitals; and if supplied) in County Roscommon has had their he will make a statement on the matter. appointment for a medical procedure cancelled [1791/04] on three separate occasions at the children’s hospital, Crumlin; if the current appointment will Minister for Health and Children (Mr. Martin): be honoured; if he has satisfied himself with the The state enrolled nurse, SEN, qualification is a level of cancellation; and if he will make a United Kingdom qualification which is not statement on the matter. [1779/04] recognised in this country. The qualification was awarded following successful completion of a two Minister for Health and Children (Mr. Martin): year training programme. This programme, which The provision of hospital services for persons is no longer provided in the UK, did not meet resident in County Roscommon is a matter for the minimum theoretical and clinical instruction the Western Health Board. My Department has requirements as set out in the relevant EU asked the chief executive officer of the board to directives on nurse education programmes. investigate the position and to reply directly to Persons who have obtained the SEN the Deputy. qualification must undertake a nursing conversion programme in the United Kingdom in Community Care. order to qualify for registration as a nurse in 741. Mr. Naughten asked the Minister for Ireland. Unfortunately, it is not possible to Health and Children the residential services, provide such a programme here because the rules community services and respite services available of the UK regulatory authority for nursing only to people suffering from Alzheimer’s disease in allow for a maximum of 10% of the clinical each of the three counties in the Western Health component of the programme to take place Board area; and if he will make a statement on outside the United Kingdom. the matter. [1780/04] I introduced a special initiative in February Minister of State at the Department of Health 2001 to assist state enrolled nurses undertaking and Children (Mr. Callely): As the Deputy is nursing conversion programmes in the United aware, responsibility for the provision of health Kingdom. Under this initiative any SEN working services for people with Alzheimer’s disease is, in in the Irish health service who wishes to the first instance a matter for the Western Health undertake such a programme is entitled to Board. The board has advised my Department receive a non means-tested grant of \7,618 that residential services for people with towards the costs involved in attending the Alzheimer’s disease are provided throughout the programme in the United Kingdom. Payment of board’s area in community nursing units and long the grant is subject to the person in question stay hospitals. In addition, specialist residential giving a written undertaking that s/he will work facilities are available in St. Brigid’s Hospital, as a nurse in the Irish health service following Ballinasloe, St. Brendan’s Hospital, Loughrea, registration with An Bord Altranais. Some 110 and St. Anne’s unit, Castlebar. The West of SENs have benefited from the initiative to date. Ireland Alzheimer’s Association, which is grant- aided by the board, also provides long-stay National Treatment Purchase Fund. residential services at Maryfield House in Athenry. 743. Mr. O’Connor asked the Minister for The board has further advised that community Health and Children if he will report on the based services are provided throughout its uptake with regard to the national treatment functional area through assessment and support purchase fund; the action he is taking to promote by nursing staff and also through the provision of the scheme; and if he will make a statement on day care services. The West of Ireland the matter. [1801/04] 627 Questions — 27 January 2004. Written Answers 628

Minister for Health and Children (Mr. Martin): creation of an auxiliary grade of orthodontic The Deputy will be aware that the national therapist to work in the orthodontic area. treatment purchase fund, NTPF, has engaged in Furthermore, the commitment of the an extensive media campaign at national and Department to training development is local level to raise awareness among the general manifested in the funding provided to both the public of the services being offered to those training of specialist clinical staff and the waiting longest for hospital admission. The NTPF recruitment of a professor in orthodontics for the has also undertaken an information campaign Cork Dental School. This appointment at the among general practitioners and hospital doctors school will facilitate the development of an to raise awareness of the NTPF. Liaison officers approved training programme leading to are also in place at individual hospital level to specialist qualification in orthodontics. The chief identify those patients who may qualify for executive officer of the Southern Health Board treatment under the NTPF. Alternatively patients has reported that the professor commenced duty who feel they may qualify for treatment under the on 1 December 2003. NTPF can ring the Locall number 1890 720 820. In recognition of the importance of this post at My Department has requested the chief Cork Dental School, my Department has given executive officer of the NTPF to contact the approval in principle to a proposal from the Deputy with further information in relation to school to further substantially improve the this matter. training facilities there for orthodontics. This project should see the construction of a large Health Board Services. orthodontic unit and support facilities; it will 744. Mr. Ardagh asked the Minister for Health ultimately support an enhanced teaching and and Children if he will consider the dental treatment service to the wider region under the requirements of a person (details supplied) in leadership of the professor of orthodontics. \ Dublin 12 and provide same. [1810/04] Orthodontic initiative funding of 4.698 million was provided to the health boards/authority in Minister for Health and Children (Mr. Martin): 2001 and this has enabled health boards to recruit Responsibility for the provision of dental services additional staff, engage the services of private to eligible persons in Dublin 12 rests with the specialist orthodontic practitioners to treat Eastern Regional Health Authority. My patients and build additional orthodontic Department has asked the regional chief facilities. The NWHB was allocated an additional executive to investigate the matter raised by the \0.273 million in 2001 for orthodontic services of Deputy and to reply to him directly. which \0.178 million was for the orthodontic 745. Cecilia Keaveney asked the Minister for initiative. Health and Children the waiting times for In June 2002, my Department provided \ orthodontic treatment in the north-west and additional funding of 5 million from the Donegal in particular; and if he will make a treatment purchase fund to health boards statement on the matter. [1817/04] specifically for the purchase of orthodontic treatment. This funding is enabling boards to Minister for Health and Children (Mr. Martin): provide both additional sessions for existing staff The provision of orthodontic services is a matter and purchase treatment from private specialist for the health boards in the first instance. I am orthodontic practitioners. The NWHB was pleased to advise the Deputy that I have taken a allocated an additional \0.285 million from this number of measures to improve orthodontic fund for the treatment of cases in this way. services in the North Western Health Board The waiting times for orthodontic treatment by (NWHB) area and on a national basis. county is not routinely collected by my The grade of specialist in orthodontics has been Department. Therefore, the chief executive created in the health board orthodontic service. officer of the NWHB has been requested to In 2003, my Department and the health boards provide the information requested directly to funded 13 dentists from various health boards — the Deputy. including one from the NWHB — for specialist Finally, the chief executive officer of the in orthodontics qualifications at training NWHB has informed my Department that at the programmes in Ireland and at three separate end of the September 2003 quarter, the average universities in the United Kingdom. These 13 waiting time for category A and category B trainees for the public orthodontic service are orthodontic treatment was six months and 2.6 additional to the six dentists who commenced years respectively. The chief executive officer of their training in 2001. Thus, there is an aggregate the NWHB also informed my Department that at of 19 dentists in specialist training for the end of the September 2003 quarter, there orthodontics. These measures will complement were 2,952 patients receiving orthodontic the other structural changes being introduced treatment in the board’s area. This is an increase into the orthodontic service, including the of 853 patients in orthodontic treatment when 629 Questions — 27 January 2004. Written Answers 630 compared with the number of patients receiving and possibly additional criteria, consideration as treatment at the end of December 2001. part of their examination of the issue.

Hospital Waiting Lists. Health Reform Programme. 746. Mr. Ring asked the Minister for Health 748. Ms O. Mitchell asked the Minister for and Children when a person (details supplied) in Health and Children the provision being made to County Mayo will be called for a cataract removal guarantee transparent accountability in the health operation in Galway; if this person is placed on a service following the abolition of the health waiting list to be seen either for assessment or for boards. [1859/04] surgery in Galway; and if so, when they were Minister for Health and Children (Mr. Martin): placed on the list and when they will be called. Organisation reform is one of six frameworks for [1821/04] change identified in the national health strategy Minister for Health and Children (Mr. Martin): with the aim of providing a responsive, adaptable The provision of hospital services for persons health system which meets the needs of the resident in County Mayo is a matter for the population effectively and at affordable cost. Western Health Board. My Department has Both the prospectus report on audit of structures asked the chief executive officer of the board to and functions in the health system and the report investigate the position and to reply directly to of the Commission on Financial Management and the Deputy. Control set out a series of measures to strengthen governance and accountability at every level in Health Service Executive. the system. The reform programme, based on the Government decision of 17 June 2003, 747. Ms O. Mitchell asked the Minister for incorporates the main conclusions from both Health and Children if decisions have been made reports. about the geographic areas to be covered by the As the Deputy is aware the reform programme area offices of the proposed Health Service includes: the establishment of a single national Executive; and the criteria which have been, or body for managing and delivering health services will be, used in making these decisions. [1858/04] — the Health Service Executive; a new legislative Minister for Health and Children (Mr. Martin): framework which will clearly define the role, The Government has not made a decision on this functions and accountability of all key actors; the matter to date. One of the specific issues referred establishment of the Health Information and to the interim Health Service Executive is to Quality Authority; improved information and recommend regional boundaries and location of management systems; and a statutory framework regional headquarters for primary, community for complaint procedures in the health services and continuing care services and appropriate among other measures. management structures. In regard to public accountability, the A discussion paper on possible regional respective roles of the chief executive officer of administrative boundaries has been prepared as the board of the Health Service Executive will be part of Phase 1 of the implementation of the made explicit in the legislation to be introduced. health reform programme. It is being made I will also continue to be accountable to the available to the board of the interim Health Oireachtas in respect of my role and Services Executive shortly for their consideration. responsibilities and the relevant Oireachtas I am asking the board to give this particular committees, for example, the Oireachtas Joint aspect of its work some priority and to let me Committee on Health and Children and the have its recommendations as early as possible for Committee of Public Accounts will continue to consideration by the Government. exercise their respective roles. It is clear that any evaluation of appropriate In regard to the involvement of public geographic boundaries for the four administrative representatives at local level, I have indicated regions should be based on evidence. The Deputy that I will be bringing forward proposals in this should note that the regional split refers to the regard, building on the ideas already outlined for primary, community and continuing care consultation at regional level. Proposals are being directorate of the Health Service Executive only. prepared in my Department and I have indicated The initial discussions have considered possible my intention to discuss this matter with the criteria such as, for example, integration with the Association of Health Boards at a meeting in the rest of the system with particular regard to acute near future. hospital services, respect for existing community Hospital Waiting Lists. care structures and the national spatial strategy among others. I anticipate that the board of the 749. Mr. Naughten asked the Minister for interim Health Service Executive will give these, Health and Children if a person (details supplied) 631 Questions — 27 January 2004. Written Answers 632

[Mr. Naughten.] in County Roscommon will be called for a knee Social Workers Employed in the Health Boards operation; and if he will make a statement on the Eastern Regional Health Authority 650 matter. [1860/04] Midland Health Board 80 Minister for Health and Children (Mr. Martin): Mid-Western Health Board 140 The provision of hospital services for persons North Eastern Health Board 109 resident in County Roscommon is a matter for North Western Health Board 120 the Western Health Board. My Department has South Eastern Health Board 122 asked the chief executive officer of the board to Southern Health Board 234 investigate the position and to reply directly to Western Health Board 130 the Deputy. Total 1,585 Health Board Services. Responsibility for human resource planning, 750. Mr. O’Dowd asked the Minister for including the filling of vacant social worker posts Health and Children the difficulty with finalising in each health board region, rests with the chief the nursing home inspection report for a nursing executive officer of each board. Each CEO, in home (details supplied) in County Louth. managing the workforce in his or her region, is [1932/04] responsible for determining the appropriate staffing mix and the precise grades of staff to be Minister of State at the Department of Health employed in line with service plan priorities, and Children (Mr. Callely): As the Deputy will subject to overall employment levels remaining be aware, the provision of health services in the within the approved regional employment ceiling. Louth area is, in the first instance, the My Department has, therefore, asked the responsibility of the North Eastern Health Board. regional chief executive of the ERHA and the My Department has, therefore, asked the chief chief executive officers of the health boards to executive of the board to investigate the matter investigate the matter raised by the Deputy and raised by the Deputy and reply direct to him as a reply to him directly. matter of urgency. Meningitis Incidence. Health Board Staff. 752. Mr. Crowe asked the Minister for Health and Children the number of people who have 751. Mr. Crowe asked the Minister for Health been diagnosed with meningitis in each health and Children the number of social workers board area for each of the past three years. employed in each health board; and the number [1934/04] of unfilled vacancies for social workers in each of Minister for Health and Children (Mr. Martin): the health boards. [1933/04] There are two forms of meningitis, namely, bacterial meningitis and viral meningitis. Viral Minister for Health and Children (Mr. Martin): meningitis tends to be a milder disease than The number of social workers employed in each bacterial meningitis. The number of cases of of the health boards for the period ending bacterial meningitis and viral meningitis notified September 2003 is contained in the following to the National Disease Surveillance Centre by table. The figures are in whole-time equivalent health board area over the past three years is terms. presented in tables 1 and 2, respectively.

Table 1. Number of cases of bacterial meningitis by health board area, 2001 to 2003, inclusive.

Health Board 2001 2002 2003*

ERHA 139 108 91 MHB 26 24 20 MWHB 31 32 28 NEHB 28 27 25 NWHB 20 16 9 SEHB 49 26 37 SHB 69 47 52 WHB 34 17 13

Total 396 297 275 *2003 figures still provisional 633 Questions — 27 January 2004. Written Answers 634

Table 2. Number of cases of viral meningitis by health board area, 2001-2003 inclusive

Health Board 2001 2002 2003*

ERHA 93 23 21 MHB 13 0 1 MWHB 9 1 0 NEHB 11 4 0 NWHB 5 2 1 SEHB 12 1 4 SHB 13 2 3 WHB 5 3 1

Total 161 36 31 *2003 figures still provisional

There has been a steady decline in the number Minister of State at the Department of Health of bacterial meningitis, including meningococcal and Children (Mr. B. Lenihan): The Child Care septicaemia, cases notified each year since 2000, Act 1991 is kept under review by my Department. when 586 cases were reported nationally. This As the Deputy will be aware, the Child Care Act decline can largely be attributed to the success of 1991 is comprehensive legislation, which obliges the meningococcal group C — men C — the health boards to provide a wide range of vaccination campaign which commenced in 2000. services, from the promotion of the welfare of In 2000, 139 cases of group C meningococcal children to the protection of children at risk, the disease were notified in Ireland. This declined to taking of children into care, the provision of child 35 in 2001, 14 in 2002 and just five group C cases care and family support services and the in 2003. This represents an overall reduction of supervision and inspection of pre-school services 96% in the number of group C cases notified in and residential care services. The Act also places 2003, compared to 2000. responsibilities on the Minister for Health and Following the increase in viral meningitis Children in respect of the making of regulations, activity in 2000 and 2001, activity returned to the inspection of health board provided services baseline levels, namely, the level of activity and the provision of funding. normally expected, in 2002 and 2003. I In meeting their statutory obligations, health understand from the National Disease boards develop and deliver, either directly or Surveillance Centre that the higher than usual through arrangements with other agencies, a wide level of activity for viral meningitis in 2000-01 was range of services designed to respond to the also reported by the United Kingdom at the time. needs of children and families in their areas. The increase in viral meningitis activity was Health boards commission or carry out a attributed to certain strains of enteroviruses in significant number of reviews and evaluations to circulation at that time. assess how well these services are meeting the identified needs and boards respond to the Health Board Waiting Lists. outcome of these evaluations by reconfiguring 753. Mr. Crowe asked the Minister for Health existing services or developing new services. In and Children the number of people who are on addition, health boards, as part of their strategic the waiting list to see a social worker for each planning, prioritise available resources taking health board; and the number of those cases that into account allocation of funding versus service are high priority cases. [1935/04] outcomes and the creation of a balance between prevention, child protection and through care. Minister of State at the Department of Health Section 8 of the Act requires health boards to and Children (Mr. B. Lenihan): The information provide an annual report on the adequacy of child sought by the Deputy is not routinely collected by care and family support services in its area to the my Department. My Department has, therefore, Minister for Health and Children. This assists the asked the Eastern Regional Health Authority Department of Health and Children in reviewing and the other health boards to compile the services provided by, or on behalf of, the health information requested and to forward it directly boards under the Child Care Act 1991. As to the Deputy as soon as possible. regards care proceedings, the Act provides for an appeal to the court to vary or discharge any court Child Care Services. order made under the Act. 754. Mr. Crowe asked the Minister for Health There are a number of initiatives at national and Children if an evaluation has been done to level which are designed to ensure that health examine if the Department and the health boards boards are supported, guided and monitored in are living up to their responsibilities under the meeting their statutory obligations under the Child Care Act 1991. [1936/04] Child Care Act 1991, and which, inter alia, fulfil 635 Questions — 27 January 2004. Written Answers 636

[Mr. B. Lenihan.] Hospital Services. the Minister’s obligations under the Act. These 756. Mr. McGuinness asked the Minister for include: regulations and standards developed Health and Children if an angiogram will be under the Act in the area of residential care, arranged as a matter of urgency at St. James’s foster care and pre-school services; the Hospital, Dublin, for a person (details supplied) establishment of the social services inspectorate in County Kilkenny; and the reason for the delay and the monitoring and inspection by the to date. [1938/04] inspectorate of health board operated residential care services based on the legislation and Minister for Health and Children (Mr. Martin): standards, with the inspection of the The provision of hospital services for people implementation of foster care standards due to living in County Kilkenny is a matter for the South Eastern Health Board. My Department has commence shortly; the review of regulations asked the chief executive officer of the board to made under the Act with regard to pre-school investigate this matter and to reply directly to services which is currently at an advanced stage; the Deputy. the allocation of funding; independent evaluation of the pilot phase of Department of Health and Services for People with Disabilities. Children initiated projects such as the Springboard project and teen parents support 757. Mr. McGuinness asked the Minister for programme in advance of mainstreaming; a Health and Children if he will expedite the review of family support services which has been provision of an electric wheelchair for a person established by the Department and is under way; (details supplied) in County Kilkenny. [1939/04] the monitoring by the social services inspectorate Minister of State at the Department of Health of the implementation of Children First — and Children (Mr. T. O’Malley): The provision National Guidelines for the Protection and of aids and appliances, including wheelchairs, is a Welfare of Children, which provides guidance on matter for the relevant health board. the identification and reporting of child abuse; Accordingly, the Deputy’s question has been the recent appointment of the Ombudsman for referred to the chief executive officer of the Children whose remit includes dealing with South Eastern Health Board with a request that complaints and promoting the needs and interests he examine the matter and reply directly to the of children; the national children’s strategy which Deputy as a matter of urgency. provides the means for listening to and acting more effectively for children; statistics on child Hospital Services. care activity returned to the Department of 758. Mr. McGuinness asked the Minister for Health and Children annually through the Health and Children the telephone facilities that interim data set; performance Indicators returned are available to patients in the new psychiatric quarterly to the Department of Health and hospital located at St. Luke’s Hospital, Kilkenny; Children; and the monitoring of the health if a public or patient telephone facility will be boards’ child care service plans by the available in the future. [1940/04] Department of Health and Children. Minister of State at the Department of Health I am satisfied that the health boards and the and Children (Mr. T. O’Malley): Responsibility Department of Health and Children, in for the provision of the services referred to by supporting the Minister, are discharging their the Deputy rests with the South Eastern Health statutory responsibilities under the Act. I assure Board. My Department has therefore asked the the Deputy that in conjunction with the health chief executive officer to investigate the matter boards I will continue to ensure that the raised by the Deputy and reply to him directly. implementation of the range of services provided under the Child Care Act 1991 are appropriately Medical Cards. monitored and evaluated. 759. Mr. McGuinness asked the Minister for Health and Children if a medical card will be Hospital Waiting Lists. issued immediately to a person (details supplied) 755. Mr. McGuinness asked the Minister for in County Kilkenny. [1941/04] Health and Children if he will expedite an Minister for Health and Children (Mr. Martin): appointment for a person (details supplied) in Responsibility for the provision of a medical card County Kilkenny. [1937/04] is, by legislation, a matter for the chief executive officer of the relevant health board or authority. Minister for Health and Children (Mr. Martin): My Department has therefore asked the chief The provision of hospital services for people executive officer of the South Eastern Health living in County Kilkenny is a matter for the Board to investigate the matter raised by the South Eastern Health Board. My Department has Deputy and to reply to him directly. asked the chief executive officer of the board to investigate this matter and to reply directly to Question No. 760 answered with Question the Deputy. No. 631. 637 Questions — 27 January 2004. Written Answers 638

Question No. 761 withdrawn. Irish Language. 765. D’fhiafraigh Mr. Sargent den Aire Sla´inte Social Welfare Benefits. agus Leanaı´ an mbeidh seirbhı´sarfa´il sa da´ 762. Mr. Crawford asked the Minister for theanga o´ Ombudsman na Leanaı´. [28515/03] Health and Children when a person (details Minister of State at the Department of Health supplied) in County Monaghan will receive and Children (Mr. B. Lenihan): Faoin Acht payment and arrears for mobility allowance; and Teangan 2003 ta´ se´ de dhualgas ar comhlachtaı´ if he will make a statement on the matter. poiblı´ caighdea´n aird seirbhı´se Ghaeilge a chur ar [2060/04] fa´il. Chuirfidh Oifig Ombudsman na Leanaı´ Minister of State at the Department of Health seirbhis sa da´ theanga ar fa´il. and Children (Mr. T. O’Malley): The assessment of entitlement to and payment of the mobility Mental Health Services. allowance, including the payment of arrears, in 766. Mr. Neville asked the Minister for Health any individual case is a matter for the relevant and Children the percentage allocation to the health board. Accordingly, the Deputy’s question mental health service of the total budget for the has been referred to the chief executive officer of health services in 1990, 1995, 2000 and 2004. the North Eastern Health Board with a request [2081/04] that he examine the matter and reply directly to the Deputy as a matter of urgency. Minister of State at the Department of Health and Children (Mr. T. O’Malley): The percentage Tobacco Control Measures. allocation to the mental health services of the total non-capital budget for the health services in 763. Ms McManus asked the Minister for 1990, 1995 and 2000 is as follows: 1990 -10.7%; Health and Children if his attention has been 1995-9.3%; and 2000-7.7%. When evaluating drawn to the ruling on 15 December 2003 of the these figures, it must be borne in mind that in- criminal division of the Court of Justice (details patient care has always been the costliest element supplied), to the fact that the person was of the mental health service and, with the recruited under a programme called Operation consistent reduction in psychiatric hospital bed Whitecoat, and that a deceased associate numbers, and the ongoing transfer of professor in Trinity College, Dublin, was also intellectually disabled and elderly patients to recruited under that programme; and if he will other settings, it is to be expected that make a statement on the matter. [2063/04] expenditure proportionate to medical and surgical services would fall. Minister for Health and Children (Mr. Martin): I am aware of the case referred to by the Deputy. In recent years, significant additional resources National tobacco control measures and, in have been committed to developing a comprehensive, community based mental health particular, measures to protect the public from service. This has resulted in a continuing decline exposure to toxic environmental tobacco smoke in the number of in-patients, from 5,192 in 1997 were not influenced by the research work of the to 3,966 in 2002, with a corresponding increase in person referred to or his Operation Whitecoat the provision of a range of care facilities based in colleagues, living or dead. the community to complement in-patient services. There are now 411 community General Medical Services Scheme. psychiatric residences providing 3,146 places, 764. Dr. Twomey asked the Minister for Health compared to 391 residences providing 2,878 and Children if his attention has been drawn to places in 1997. the report by the Northern Area Health Board Since 1997, approximately \90 million on the review of general practice manpower, additional revenue funding has been invested in training, recruitment and retention; and if so, his the mental health services. In the main, this views on the report. [1052/04] funding is being used to provide additional medical and health professional staff for Minister for Health and Children (Mr. Martin): expanding community mental health services, This report undertaken by the Northern Area increase child and adolescent services, expand the Health Board has been recently received in the old age psychiatry services, provide liaison Department. It gives the views and perspectives psychiatry services in general hospitals and of the general practitioners in the board area, the enhance the support provided to voluntary Irish Medical Organisation and the Irish College agencies. of General Practitioners. The contents of the Since 1997, five new acute psychiatric units report will be considered in my Department in have opened at the Mercy Hospital, Cork, the light of ongoing discussions with the relevant Tallaght Hospital, Dublin, Ennis General stakeholders in the whole area of manpower and Hospital, Clare, St. Luke’s Hospital, Kilkenny service provision requirements. and Mayo General Hospital. There are now 21 639 Questions — 27 January 2004. Written Answers 640

[Mr. T. O’Malley.] of an outline development control plan, ODCP, acute psychiatric units attached to general for the hospital. The Mid-Western Health Board hospitals and several further units are pending. has endorsed the briefing document and The Revised Estimates Volume for 2004, identified a number of areas, including ward including the estimated health expenditure by upgrade, radiology, out-patients and a general programme, is being compiled and will be infrastructure upgrade as priorities for published shortly by my colleague, the Minister development. This project is being considered by for Finance. my Department.

Hospitals Building Programme. Health Board Allowances. 767. Mr. Penrose asked the Minister for Health 770. Mr. Haughey asked the Minister for and Children if his Department has received the Health and Children the aims and objectives of development control plan with regard to the the mobility allowance; the aims and objectives phase 2B of Longford-Westmeath General of the transport grant; if both can be paid by a Hospital at Mullingar; when will approval be health board to the same claimant; if a claimant given to proceed to the final planning stage; and in receipt of a mobility allowance can apply for if he will make a statement on the matter. the transport grant in order to replace their [2089/04] broken motorised wheelchair (details supplied); Minister for Health and Children (Mr. Martin): and if he will make a statement on the matter. The development control plan for phase 2B of [2100/04] Longford-Westmeath General Hospital has Minister of State at the Department of Health recently been lodged with my Department. It is and Children (Mr. T. O’Malley): The mobility being examined and will be considered for allowance was introduced in 1979 by Circular progression to tender stage in the context of the 15/79 and is payable under section 61 of the Midland Health Board’s capital development Health Act 1970. Mobility allowance is payable priorities in line with overall funding resources by the health boards, subject to a means test, to available for 2004 and beyond. persons with a severe disability. Applicants must be 16 years or older and under 66 years. The Medical Cards. allowance provides financial support to eligible 768. Ms Enright asked the Minister for Health people who are unable to walk or use public and Children if he will consider allowing people transport and is intended to enable them to who are over 70 years and qualify for medical benefit from a change in surroundings, for cards to have tests such as the eye test and driving example, by financing the occasional taxi journey. licence test covered under the medical card; and Eligible persons must reside at home or in any if he will make a statement on the matter. long-stay facility. Such eligible persons can [2091/04] continue to receive payment after they reach the Minister for Health and Children (Mr. Martin): age of 66 years, provided they were receiving the Medical card holders are eligible for a range of allowance prior to their 66th birthday. Persons treatments and services without charge under the aged 66 years or over who apply are not eligible. GMS scheme. However, the issue of certificates The allowance is paid on a monthly basis. for these tests to any medical card holder, A motorised transport grant, MTG, of up to regardless of age, may incur charges. I do not 75% of the actual cost of purchasing-adapting a have any plans to change the current system. car, which takes into account the trade in value of a car being replaced, may be provided up to a \ Hospitals Building Programme. limit of 4,575. Where a person qualifies for both the MTG and the disabled drivers and disabled 769. Mr. J. Breen asked the Minister for Health passengers (tax concessions) scheme, the MTG and Children when Ennis General Hospital will grant payable should not exceed the net outlay \ be upgraded and the 18 million committed by incurred, taking into account the benefit of the him be made available to the Mid-Western disabled passengers (tax concessions) scheme. Health Board to allow this project to commence; The payment of a motorised transport grant is and if he will make a statement on the matter. subject to the condition that the health board will [2097/04] not be called upon at any future date to Minister for Health and Children (Mr. Martin): contribute towards the running cost of the The project team for Ennis General Hospital has vehicle. In this context, a mobility allowance prepared a briefing document for the proposed recipient cannot qualify for the motorised development of Ennis General Hospital. This sets transport grant. Similarly, a person who has out the broad scope of the proposed future received the motorised transport grant in the development of the hospital. This briefing previous three years cannot qualify for the document will be considered in the preparation mobility allowance. 641 Questions — 27 January 2004. Written Answers 642

Questions Nos. 771 and 772 answered with additional funding of \5 million from the Question No. 197. treatment purchase fund to health boards specifically for the purchase of orthodontic Health Board Services. treatment. This funding is enabling boards to 773. Mr. Durkan asked the Minister for Health provide both additional sessions for existing staff and Children the plans he has to modernise and purchase treatment from private specialist orthodontic services having particular regard to orthodontic practitioners. the experiences of the past; and if he will make a The chief executive officers of the health statement on the matter. [2168/04] boards-authority have informed me that at the end of the September quarter 2003, there were Minister for Health and Children (Mr. Martin): 20,784 children receiving orthodontic treatment As the Deputy is aware, the provision of in the public orthodontic service. This means that orthodontic services is a matter for the health more than twice as many children are receiving boards in the first instance. I am pleased to advise orthodontic treatment as there are children the Deputy that I have taken a number of waiting to be treated, and nearly 3,500 extra measures to improve orthodontic services on a children have been receiving treatment from national basis. The grade of specialist in health boards since the end of 2001. orthodontics has been created in the health board orthodontic service. In 2003, my Department and Health Board Staff. the health boards funded 13 dentists from various 774. Mr. Durkan asked the Minister for Health health boards for specialist in orthodontics and Children the plans he has for the recruitment qualifications at training programmes in Ireland of sufficient staff in various disciplines of the and three separate universities in the United health service; and if he will make a statement on Kingdom. These 13 trainees for the public the matter. [2169/04] orthodontic service are additional to the six dentists who commenced their training in 2001. Minister for Health and Children (Mr. Martin): Thus, there is an aggregate of 19 dentists in The chief executive officer of each individual specialist training for orthodontics. These health board has responsibility for the measures will complement the other structural management of the workforce, including the changes being introduced into the orthodontic appropriate staffing mix and the precise grades service, including the creation of an auxiliary of staff employed within that board, in line with grade of orthodontic therapist to work in the service plan priorities, subject to overall orthodontic area. employment levels remaining within the Furthermore, the commitment of the authorised ceiling. Hence, the recruitment of Department to training development is health service staff in 2004 will take place in the manifested in the funding provided to both the context of the implementation of each health training of specialist clinical staff and the board’s service plan. recruitment of a professor in orthodontics for the The Deputy may wish to note the increase in Cork Dental School. This appointment at the the approved employment level from 1997 to end school will facilitate the development of an 2003 was 27,985 — 41% — bringing the approved approved training programme leading to employment ceiling to 95,800 in whole-time specialist qualification in orthodontics. The chief equivalent terms, excluding home helps. executive officer of the Southern Health Board The Deputy will be aware of developments has reported that the professor commenced duty such as pay increases, improvements in career on 1 December 2003. In recognition of the structure and enhanced opportunities for importance of this post at Cork Dental School, professional and career development, which have my Department has given approval in principle all played a part in increasing staffing levels. The to a proposal from the school to further implementation of the pay recommendations of substantially improve the training facilities there the public service benchmarking body will make a for orthodontics. This project should see the further contribution to recruitment and improved construction of a large orthodontic unit and retention. Overseas recruitment by health support facilities and will ultimately support an agencies has, over recent years, also contributed enhanced teaching and treatment service to the significantly to meeting the workforce needs of wider region under the leadership of the the health services, particularly in professions professor of orthodontics. where qualified staff are scarce, to meet the Orthodontic initiative funding of \4.698 million human resource needs of the health services. was provided to the health boards-authority in The implementation of these and similar 2001. This has enabled health boards to recruit developments will make an important additional staff, engage the services of private contribution to strengthening the capacity of the specialist orthodontic practitioners to treat health services to recruit and retain the high patients and build additional orthodontic calibre professionals required in all disciplines to facilities. In June 2002, my Department provided fill challenging and demanding roles central to 643 Questions — 27 January 2004. Written Answers 644

[Mr. Martin.] Hospital Staff. the delivery of quality health and social care 775. Mr. Deasy asked the Minister for Health services to the public. It is, however, important to and Children the number of consultant emphasise that staffing requirements overall must neurologists employed in each health board area; be viewed in the context of the substantial the plans there are to appoint additional increases in employment levels achieved in the consultant neurologists, particularly in the South health services in recent years. Eastern Health Board area in view of the fact Comparing the latest available employment that an MRI scanner which has been in place at levels — September 2003 — to those in 1997, Waterford Regional Hospital for the past two there are 22.2%, or 6,063, more nurses, 36.8%, or years is being underutilised due to the lack of a 1,832, more medical-dental personnel, and more neurology team; and if he will make a statement than double — 112% — the number of health on the matter. [2170/04] and social care professionals, an increase of 6,971, employed in the health services. This is a Minister for Health and Children (Mr. Martin): considerable achievement which reflects the Comhairle na nOspideal has advised my success of the steps taken to increase the Department that the current number of attractiveness of employment in the health consultant neurologist posts is 19. The location of services and also the ongoing measures being these posts is shown on the following table. taken in areas experiencing shortages of fully trained and qualified staff. Board/Authority Number of Posts I am also conscious that, in view of the large numbers of staff employed and the unique nature Eastern Region Health Authority 13 of the services being delivered, it is imperative Southern Health Board 4 that a coherent, strategic approach to workforce Western Health Board 2 and human resource planning be developed further and aligned closely with strategic objectives and the service planning process. Comhairle recently published the report of the Planning for the development of new and existing committee to review neurology and neurophysiology services and I am happy to services in the future must be soundly based on endorse its recommendations for a significant a robust and realistic assessment of the skill and enhancement of services, including increases in human resource needs to deliver these services. consultant manpower. The report also recognises The issue of skill mix is also of paramount that there are aspects of a number of other importance in meeting human resource needs. specialties and services, such as rehabilitation Enhanced skills mix by matching skills to service medicine, geriatric medicine and old age needs benefits patients and empowers health psychiatry, which are related to and overlap with personnel to reach their full potential and neurology services. Comhairle has recommended optimise their contribution to quality care. that a national multidisciplinary review of I am, however, well aware that in addition to rehabilitation services be undertaken to further effective planning to ensure the continued inform the policy framework in relation to the availability of a qualified, competent workforce, development of neurology services. it is also necessary for the health service to Consistent with this recommendation, and in become an employer of choice to further improve line with commitments in the national health potential for recruitment and retention. While the strategy, a national action plan for rehabilitation services is being prepared by my Department. record number of staff recruited into the health The action plan will set out a programme to meet service in recent years shows the progress made existing shortfalls in services and to integrate in this regard, even more can be achieved. specialised facilities with locally based follow up Having recruited and developed such a large services. The rehabilitation action plan, together number of staff in recent years, it is a priority to with the Comhairle report and the work retain them by offering a challenging and undertaken by the Neurological Alliance of rewarding career path. In the human capital and Ireland through its own publications, will offer a skills intensive health sector, retention has been comprehensive policy framework for the future identified as a key issue in better people development of neurology and neurophysiology management. The continuing implementation of services. the Action Plan for People Management is My Department will continue to work closely playing a crucial role in improving retention and with the alliance and the Irish Consultant reducing turnover of skilled staff, while providing Neurologists Association with regard to the the opportunity for each member of the future development of services. The workforce in the health sector to maximise his or implementation of the Comhairle her contribution to the creation of a quality, recommendations will be progressed having patient centred health service in line with the regard to the evolving policy framework in this objectives of the health strategy. area, competing funding priorities and the report of the National Task Force on Medical Staffing. 645 Questions — 27 January 2004. Written Answers 646

The use of the MRI scanner at Waterford Minister for Health and Children (Mr. Martin): Regional Hospital is a matter for the South There has been a significant increase in the Eastern Health Board. My Department has asked consultant manpower needed to deliver cardiac the chief executive officer of the board to surgery and orthopaedic services in the past ten examine the issues raised and to reply directly to years. Based on figures provided by Comhairle na the Deputy. nOspideal the number of cardiothoracic surgeons increased from six to 11 between 1993 and 2003 General Practitioner Co-operatives. and the number of orthopaedic surgeons increased from 52 to 76 in the same period. 776. Mr. Deasy asked the Minister for Health Plans and developments are in place which will and Children the amount of funding which is increase the capacity for cardiac surgery. For being provided in 2004 to the South Eastern example, the theatre and critical care complex, Health Board for the continued expansion of the completed as part of the phase two development Caredoc co-op; and if the expansion into at University College Hospital, Galway, includes Waterford will commence this year; and if he will provision for cardiac surgery facilities. Approval make a statement on the matter. [2171/04] has also been given to the Southern Health Board to proceed with the planning and construction of Minister for Health and Children (Mr. Martin): \ \ a new 82 million cardiac and renal dialysis Between 2000 and 2003, 7.124 million was building at Cork University Hospital. allocated to the South Eastern Health Board for With regard to orthopaedic services, the North the expansion of its out of hours co-operative, Eastern Health Board has re-organised its \ Caredoc. In 2004, 3.492 million has been orthopaedic services in moving trauma services to included in the health board’s base allocation for Drogheda and creating additional capacity for the continued provision of services under this elective services in Navan. A new orthopaedic heading. This dedicated funding is exclusive of service will be provided at Mayo General the fees paid to participating general Hospital. This new service will serve the people practitioners. All decisions on the geographical of the western region and increase orthopaedic areas to be covered by co-operatives and the capacity for the region. Building and equipping order of their commencement are matters for the the new facility has been completed. relevant health board to make, having regard to As the single most limiting factor for admission the range of financial and other issues involved in to hospital is bed availability, increasing the bed any such expansion. capacity of the acute hospital system is of particular priority for my Department. The extent Hospital Services. of the shortfall in acute capacity has been identified by the report, Acute Hospital Bed 777. Mr. Stagg asked the Minister for Health Capacity — A National Review, as a requirement and Children when the new community care unit of an additional 3,000 acute beds in acute hospital at Maynooth, County Kildare, will operate at its by 2001. The first phase of this process full complement of 45 beds; the reason for the commenced in January 2002 when capital and reduction in the original full complement of 50 revenue funding was provided for an additional beds to 45 beds; and if he will make a statement 709 beds. This represents an increase of 6% on on the matter. [2219/04] existing capacity. Some 568 of these beds have been commissioned to date. Minister of State at the Department of Health and Children (Mr. Callely): As the Deputy will be National Treatment Purchase Fund. aware, responsibility for the provision of health services in County Kildare rests with the South 779. Mr. Durkan asked the Minister for Health Western Area Health Board acting under the and Children if he regards as good practice the aegis of the Eastern Regional Health Authority. policy of sending patients outside the jurisdiction My Department has been informed by the under the treatment purchase scheme while the authority that the Maynooth community unit has facilities for providing similar services are either a bed complement of 44 beds, of which 35 are understaffed or closed down throughout the occupied at present. The board has indicated that country; and if he will make a statement on the the remaining beds will be occupied in April matter. [2221/04] 2004. The reduction in bed complement from 50 Minister for Health and Children (Mr. Martin): beds to 44 beds was due to lack of space, with The national treatment purchase fund purchases some bedrooms being converted for use as a procedures from private and public hospitals in living room and storage space. Ireland. Where it is not possible to treat patients within a reasonable period here, either in public 778. Mr. Durkan asked the Minister for Health or private hospitals, arrangements are made to and Children the extent to which he expects the refer the public patients for treatment abroad, hospital services to be able to meet demands in having regard to quality, availability and cost. I respect of heart operations and hip replacements have been informed by the national treatment in the future; and if he will make a statement on purchase fund that up to the end of December the matter. [2220/04] 2003, more than 9,700 patients have received 647 Questions — 27 January 2004. Written Answers 648

[Mr. Martin.] facilitate the implementation of the treatment, of whom 225 patients have been sent recommendations set out in the best health for outside the jurisdiction for treatment. children report. This funding has been used to The fund has identified capacity to treat up to appoint key individuals at regional level to drive 800 patients per month predominantly in Ireland the implementation process at board level as well and in four hospitals in the United Kingdom. The as to establish pilot projects aimed at NTPF will continue to identify capacity to treat demonstrating best practice. those public patients who have been waiting One of the key recommendations in the best longest for treatment in order to reduce the health for children report is the need to provide waiting time for patients. appropriate training for public health doctors and public health nurses involved in delivering the Hospital Services. child health surveillance programme, including the school health service. Additional funding of 780. Mr. Durkan asked the Minister for Health \ and Children the role he has in mind for Naas 700,000, allocated to health boards and the Hospital in the future; when he expects the next ERHA in 2003 for this purpose, has been used to stage of the development plan to be appoint relevant training personnel and to implemented; when he expects the hospital to be develop, in conjunction with TCD, a training fully operational in accordance with his original programme for those involved in the delivery of projections as set out in replies to various the core surveillance programme. The training parliamentary questions; and if he will make a programme was launched on 13 January 2004. It statement on the matter. [2222/04] is intended that all those involved in child health surveillance will have received the necessary Minister for Health and Children (Mr. Martin): training by the end of 2005. Responsibility for the provision of services at Furthermore, with a view to facilitating a co- Naas General Hospital rests with the Eastern ordinated and integrated approach to the delivery Regional Health Authority. My Department has of a range of child health and child care projects, therefore asked the regional chief executive of the health boards executive has established a the authority to respond directly to the Deputy programme of action for children and appointed on the future role of the hospital. an interim steering group to oversee its work. A major development programme in two This new initiative will encompass a number of phases, phases 2 and 3A, at Naas General child related measures, including projects Hospital commenced on site in November 1999. associated with best health for children. Phase 3A, which includes additional accommodation and enabling works for future Question No. 782 answered with Question phases, phases 3B and 3C, commenced on site as No. 197. a variation to the phase 2 contract in April 2002. Phase 2 and 3A were completed in September Primary Care. 2003 and have been equipped and commissioned. 783. Mr. Durkan asked the Minister for Health It is anticipated that the remainder of the and Children if he has considered expanding or development, phases 3B and 3C, will be procured enhancing the services at health centres with a on a phased basis with construction planned for view to relieving the pressure on hospitals and commencement in late 2004 and completion in hospital services; and if he will make a statement 2005-07. Equipping and commissioning of phases on the matter. [2225/04] 3B and 3C is planned for 2008. Minister for Health and Children (Mr. Martin): Medical Examinations. The need to develop community based health and personal social services so as to better meet the 781. Mr. Durkan asked the Minister for Health needs of local communities and ensure that and Children the plans he has to expand, extend services are provided in the most appropriate or improve school medical examinations; and if settings is a matter which is being addressed in he will make a statement on the matter. the context of the implementation of the primary [2223/04] care strategy. The strategy document, Primary Minister for Health and Children (Mr. Martin): Care: A New Direction, recognises that primary The best health for children programme provides care is the first point of contact for the majority for a new core surveillance programme for all of people who use health services. Furthermore, children in the 0-12 age group and covers both with appropriate development and enhancement pre-school developmental examinations as well as of capacity, primary care can meet 90%-95% of the school health service. Underpinning the all health and personal social service needs. recommendations in the report is a model which Primary care, planned and organised on the embraces a more holistic child health promotion basis of delivery of a comprehensive range of approach and emphasises the role of parents in services by interdisciplinary teams, will lessen the achieving best health for their children. current reliance on specialist services and the Additional funding in excess of \2 million was hospital system, particularly accident and allocated to the health boards and the Eastern emergency and out-patient services. Based on Regional Health Authority in 2001 and 2002 to available evidence, it will have the potential to 649 Questions — 27 January 2004. Written Answers 650 reduce the requirement for specialist services, improvements as regards access by patients from reduce hospitalisation rates, reduce lengths of the Mid-Western Health Board to radiation stay for those who are hospitalised, promote oncology services. Specifically, the immediate more rational prescribing and improve efficiency. developments in Cork and Galway will result in The provision of a wide range of services in this the provision of an additional five linear way will allow a higher percentage of patients to accelerators. This represents an increase of be cared for in the community, thus reducing approximately 50% in linear accelerator capacity. hospital admissions. Furthermore, as the strategy Provision is also being made for the appointment is implemented on a national basis, many services of an additional five consultant radiation will be provided on an extended hours basis and oncologists. We currently have ten consultant out-of-hours cover for defined services will be radiation oncologists nationally. greatly enhanced. The strategy also recognises the need to provide improved and expanded Question No. 785 answered with Question facilities from which primary care teams can No. 631. deliver services in an integrated way. Primary care reform is central to the overall Hospital Services. process of health service reform, which is 786. Mr. B. Smith asked the Minister for progressing with a view to the development of Health and Children the measures being taken to structures which best facilitate the have Monaghan General Hospital put back on implementation of the interdisciplinary model of call; and if he will make a statement on the primary care as an integral part of a whole system matter. [2254/04] approach to service delivery. As part of the reform plans, therefore, the system for the Minister for Health and Children (Mr. Martin): planning and delivery of primary care services, at Responsibility for the provision of services at national, regional and local level, will be Monaghan General Hospital rests with the North reorganised in order to facilitate implementation Eastern Health Board. My Department has, of the model described in the primary care therefore, asked the chief executive officer of the strategy. board to investigate the matter raised by the Deputy and to reply to him directly. Hospital Services. 787. Dr. Cowley asked the Minister for Health 784. Mr. Neville asked the Minister for Health and Children the reason a cut is being made to and Children his response to the proposal from the budget of Sligo General Hospital; if he has the Mid-Western Health Board, the Mid-Western taken into consideration the delays in the service Hospital Development Trust and the Mater caused by broken down equipment; if he will Private Hospital Dublin to establish a radiation consider making a refund to the hospital for his oncology service at the Mid-Western Regional Department’s failure in this area; if he will Hospital, Limerick. [2228/04] reverse the proposed cut in the budget; and if he Minister for Health and Children (Mr. Martin): will make a statement on the matter. [2255/04] The report on the development of radiation oncology services in Ireland was published in Minister for Health and Children (Mr. Martin): October 2003. Its recommendations have been Responsibility for the provision of services at accepted by Government. The Government Sligo General Hospital rests with the North agrees that a major programme is now required Western Health Board. My Department has, to rapidly develop clinical radiation oncology therefore, asked the chief executive officer of the treatment services to modern standards. board to examine the matters raised by the Furthermore, the Government has agreed that Deputy and to reply to him directly. the first phase of such a new programme should be the development of a clinical network of large Ambulance Service. centres in Dublin, Cork and Galway. These 788. Dr. Cowley asked the Minister for Health centres will collectively have the staff and and Children the reason the long overdue report treatment infrastructure to permit a rapid on the feasibility of an all-Ireland helicopter increase in patient access to appropriate radiation emergency medical service has not been therapy and will form the backbone of the future published; the stage the report has reached; when service expansion. The Government has also the report will be published. [2256/04] agreed that in the further development of services, consideration should be given to the Minister for Health and Children (Mr. Martin): efficacy of developing satellite centres in the My Department and the Department of Health, south-east, mid-west and north-west. Social Services and Public Safety, Belfast, I will be meeting the Mid-Western Hospital commissioned a feasibility study and report on Development Trust this evening to discuss its the costs and benefits associated with the proposal for radiation oncology services at the introduction of a dedicated helicopter emergency Mid-Western Regional Hospital, Limerick. The medical services, HEMS, for the island of Ireland. implementation of the recommendations of the The final report of the consultants appointed to expert report will result in significant undertake the study has recently been received 651 Questions — 27 January 2004. Written Answers 652

[Mr. Martin.] training of specialist clinical staff and the by both Departments and will be published recruitment of a professor in orthodontics for the shortly. Cork Dental School. This appointment at the school will facilitate the development of an Hospital Services. approved training programme leading to 789. Mr. S. Ryan asked the Minister for Health specialist qualification in orthodontics. The chief and Children when a person (details supplied) executive officer of the Southern Health Board can expect to recommence their laser treatment has reported that the professor commenced duty last received in June 2003 in Crumlin Children’s on 1 December 2003. In recognition of the Hospital. [2257/04] importance of this post at Cork Dental School, my Department has given approval in principle 790. Mr. S. Ryan asked the Minister for Health to a proposal from the school to further and Children the number of children in receipt of substantially improve the training facilities there and awaiting laser treatment at Crumlin for orthodontics. This project should see the Children’s Hospital; and the steps he intends to construction of a large orthodontic unit and take to enable the consultant in this field secure support facilities. It will ultimately support an theatre time so that the children can secure the enhanced teaching and treatment service to the necessary treatment. [2258/04] wider region under the leadership of the Minister for Health and Children (Mr. Martin): professor of orthodontics. I propose to take Questions Nos. 789 and 790 Orthodontic initiative funding of \4.698 million together. was provided to the health boards-authority in Responsibility for the provision of health 2001 and this has enabled health boards to recruit services to persons residing in counties Dublin, additional staff, engage the services of private Kildare and Wicklow rests with the Eastern specialist orthodontic practitioners to treat Regional Health Authority, and services at Our patients and build additional orthodontic Lady’s Hospital for Sick Children, Crumlin, are facilities. The NEHB was allocated an additional provided under an arrangement with the \0.559 million in 2001 for orthodontic services of authority. My Department has, therefore, asked which \0.114 million was for the orthodontic the regional chief executive of the authority to initiative. investigate the matters raised by the Deputy and In June 2002, my Department provided to reply to him directly. additional funding of \5 million from the 791. Mr. O’Dowd asked the Minister for treatment purchase fund to health boards Health and Children the number of people in specifically for the purchase of orthodontic County Louth on the orthodontic waiting list; and treatment. This funding is enabling boards to the average waiting time for each category. provide both additional sessions for existing staff [2259/04] and purchase treatment from private specialist orthodontic practitioners. The NEHB was Minister for Health and Children (Mr. Martin): allocated an additional \0.421 million from this The provision of orthodontic services is a matter fund for the treatment of cases in this way. for the health boards in the first instance. I am The waiting times and figures for orthodontic pleased to advise the Deputy that I have taken a treatment by county is not routinely collected by number of measures to improve orthodontic my Department. Therefore, the chief executive services in the North Eastern Health Board area officer of the NEHB has been requested to and on a national basis. provide the information requested directly to the The grade of specialist in orthodontics has been Deputy. The chief executive officer of the NEHB created in the health board orthodontic service. has informed my Department that at the end of In 2003, my Department and the health boards the September 2003 quarter, the average waiting funded 13 dentists from various health boards, time for category A and category B orthodontic including three from the NEHB, for specialist in treatment was 1.7 months and 15 months, orthodontics qualifications at training respectively. There were 266 patients awaiting programmes in Ireland and at three separate treatment and there were no patients awaiting universities in the United Kingdom. These 13 assessment for orthodontic treatment. The chief trainees for the public orthodontic service are executive officer of the NEHB also informed my additional to the six dentists who commenced Department that at the end of the September their training in 2001. Thus, there is an aggregate 2003 quarter, there were 2,675 patients getting of 19 dentists in specialist training for orthodontic treatment from the board. orthodontics. These measures will complement the other structural changes being introduced Hospital Procedures. into the orthodontic service, including the creation of an auxiliary grade of orthodontic 792. Mr. O’Dowd asked the Minister for therapist to work in the orthodontic area. Health and Children further to Parliamentary Furthermore, the commitment of the Question No. 423 of 7 October 2003, the progress Department to training development is to date with the survivors of symphysiotomy. manifested in the funding provided to both the [2260/04] 653 Questions — 27 January 2004. Written Answers 654

Minister for Health and Children (Mr. Martin): examine the matter and provide a report to me As the Deputy is aware, I met the Survivors of as a matter of urgency. Symphysiotomy group in October 2003. Arising from this meeting, it was agreed that a range of Question No. 794 answered with Question measures put forward by the Eastern Regional No. 738. Health Authority and the health boards and 795. Mr. Crawford asked the Minister for designed to support the group would be put in Health and Children if he has satisfied himself place. The present position with regard to the that an elderly person should be kept one and a implementation of these measures is as follows. half hours in an ambulance on the street beside Each health board-ERHA has appointed a her own home while the ambulance crew do their liaison officer within the organisation to liaise best to find a hospital in the North Eastern with patients who have undergone Health Board area that would take this person symphysiotomy. The ERHA and the health in, while Monaghan General Hospital, that could boards have initiated steps to ascertain the have taken this person in by car, remains off call number of symphysiotomies carried out in from July 2002; and if he will make a statement hospitals in their region. It may take some time on the matter. [2263/04] to complete this process as procedures may have been carried out in maternity units or in hospitals Minister for Health and Children (Mr. Martin): that no longer exist. Responsibility for the provision of services at An exercise is underway to profile patients to Monaghan General Hospital rests with the North assist in formulating a needs assessment for each Eastern Health Board. My Department has, individual. The SOS group has agreed to contact therefore, asked the chief executive officer of the its members in this regard. Arrangements are board to investigate the matter raised by the being finalised with regard to the provision of Deputy and to reply to him directly. independent counselling services. An information leaflet has been prepared in consultation with Medical Cards. SOS and this leaflet will issue to general 796. Mr. Neville asked the Minister for Health practitioners and patients shortly. Arrangements and Children the entitlements of a medical card are being made to provide independent clinical holder in respect of all health board services; and advice to patients who have undergone if these are different for those holding a medical symphysiotomy. This has already been availed of card and are over 70 years. [2264/04] by a number of members of SOS. Discussions have taken place with SOS regarding the setting Minister for Health and Children (Mr. Martin): up of an information line which will be staffed by Arrangements for the provision of services for appropriate health care personnel. medical card holders are a matter for the CEO of In addition, my Department is in discussion the relevant health board to decide. A medical with the ERHA-health boards and the card holder is entitled to services from his or her Department of Social and Family Affairs in general practitioner and community pharmacist, relation to a range of eligibility issues in respect for the dispensing of approved prescribed drugs of the provision of services and assistance to the and medicines free of charge. He or she is also patients. The ERHA and the health boards will entitled to public out-patient and in-patient continue to liaise with the group on the services in public hospitals and to a range of implementation of the above measures. services in the community. There may be an age factor for some services — for example, 65 years Health Board Services. for those requiring chiropody treatment. 793. Mr. Ring asked the Minister for Health Hospital Services. and Children if he will investigate the reason 797. Mr. McGuinness asked the Minister for home help was reduced for a person (details Health and Children if subvention will be supplied) in County Mayo; if his Department will awarded and backdated in the case of a person investigate an incident which happened to this (details supplied) in County Carlow; if he will person; if an independent investigation can be expedite a decision in the case; if he will carried out in this case; and the amount saved by determine if a place is available for this person at the Western Health Board by reducing this the Alzheimer’s unit in Carlow; and if he will person’s home help. [2261/04] make a statement on the matter. [2265/04] Minister of State at the Department of Health Minister of State at the Department of Health and Children (Mr. T. O’Malley): The provision of and Children (Mr. Callely): As the Deputy will health related services, including home help be aware, the provision of health services in the services, to people with physical and/or sensory Carlow area is, in the first instance, the disabilities is a matter for the Eastern Regional responsibility of the South Eastern Health Board. Health Authority and the health boards in the My Department has, therefore, asked the chief first instance. Accordingly, the Deputy’s question executive of the board to investigate the matter has been referred to the chief executive officer of raised by the Deputy and reply direct to him as a the Western Health Board with a request that she matter of urgency. 655 Questions — 27 January 2004. Written Answers 656

Hospital Waiting Lists. and if he will make a statement on the matter. [2268/04] 798. Mr. Connolly asked the Minister for Health and Children the number of people Minister for Health and Children (Mr. Martin): treated annually under the waiting list initiative Significant progress has been made in many since its inception in 1993; the reduction in health boards areas to achieve the target of no waiting lists that occurred in speciality areas adult waiting longer than 12 months and no child (details supplied); and if he will make a statement waiting longer than six months. This has been on the matter. [2266/04] achieved through active management of long waiting lists at a local level and the involvement Minister for Health and Children (Mr. Martin): of the national treatment purchase fund, NTPF. The information requested by the Deputy is not Up to the end of December 2003, more than readily available. Waiting list information 9,700 patients have already received treatment compiled by my Department from health boards through the NTPF predominantly in private has concentrated on the numbers of persons on hospitals in Ireland. All boards outside of the waiting lists and the length of time patients are eastern region are reporting that, in general, waiting for treatment. The Deputy will be aware those adults currently reported to be waiting that the recent report by the Comptroller and more than 12 months and those children reported Auditor General on the waiting list initiative, to be waiting more than six months have either WLI, has drawn attention to the difficulty of been offered treatment under the NTPF or have separating out waiting list elective activity from conditions that are complicated and need to be core-funded elective activity. treated locally. My Department is pursuing waiting list data With regard to the specific numbers treated in collection and reporting procedures in the light each health board and abroad, my Department of the Comptroller and Auditor General’s report has asked the chief executive of the national with the health boards, the Eastern Regional treatment purchase fund to reply directly to the Health Authority and the national treatment Deputy. purchase fund. With regard to the specialties indicated by the Disabled Drivers. Deputy, significant reductions have been achieved in these target specialties based on the 801. Mr. Connolly asked the Minister for most recent published data which is in respect of Health and Children the reason appeals to the the position as at 30 September 2003. There were disabled drivers medical board of appeal against reductions of 49%, 45%, 42%, 38% and 16% in refusals of applications for primary medical the number of adults waiting more than 12 certificates under the disabled drivers and months for in-patient treatment in the specialties disabled passengers (tax concessions) scheme of general surgery, gynaecology, orthopaedics, 1994, are deferred for an inordinately long time; ENT and ophthalmology, respectively. and the reason a disabled person (details supplied) in County Monaghan has been Hospital Services. informed that because of a very long waiting list, his appointment will be delayed for some 799. Mr. Connolly asked the Minister for considerable time; his plans to eliminate this Health and Children the number of cancellations waiting list; and if he will make a statement on for each month in 2000, 2001, 2002, 2003 and to the matter. [2269/04] date in 2004, in each of the North Eastern Health Board’s acute hospitals (details supplied) for all Minister of State at the Department of Health surgical and other procedures in in-house, day and Children (Mr. T. O’Malley): The medical care, and other procedures; and if he will make a assessment for, and granting of, a primary statement on the matter. [2267/04] medical certificate for the purpose of the disabled drivers and disabled passengers (tax concessions) Minister for Health and Children (Mr. Martin): scheme is carried out by the senior area medical The information requested by the Deputy is not officer in the relevant health board. This function routinely collected by my Department. However, is to assist the Department of Finance who have my Department has asked the chief executive statutory responsibility for the disabled drivers officer of the North Eastern Health Board to and disabled passengers (tax concessions) have the information requested supplied to the scheme. Deputy. Under section 6(1) of the disabled drivers and disabled passengers (tax concessions) scheme National Treatment Purchase Fund. 1994, on the nomination of my colleague, the 800. Mr. Connolly asked the Minister for Minister for Health and Children, the Minister Health and Children the numbers of patients for Finance appoints medical practitioners to the from each health board area who were treated disabled drivers medical board of appeal. The under the national treatment purchase scheme in names of two medical practitioners were each year since its inception; the number treated forwarded in early October. Accordingly, the in each location abroad; the effect on waiting lists; Deputy may wish to contact the Department of 657 Questions — 27 January 2004. Written Answers 658

Finance regarding the current position of the to St. Stephen’s Green line, line B. Following a medical board of appeal. period of testing and commissioning, I am informed by the RPA that passenger services will Hospital Services. begin end August 2004 for the Tallaght to 802. Mr. Timmins asked the Minister for Connolly line and end June 2004 for the Health and Children the opening hours of the Sandyford to St. Stephen’s Green line. accident and emergency at Loughlinstown Penalty Points System. Hospital, County Dublin; the cases dealt with at the accident and emergency; if the opening hours 804. Mr. Crowe asked the Minister for will change under the Hanly reforms; if so, the Transport his views on the merits of creating an new opening hours; the resulting changes to the all-Ireland penalty points system; the talks he has cases being dealt with there; and if he will make had with his Northern counterpart on the matter; a statement on the matter. [2283/04] when he may be able to bring concrete proposals forward; and if he will make a statement on the Minister for Health and Children (Mr. Martin): matter. [1085/04] Responsibility for the provision of accident and emergency services at St. Columcille’s Hospital, 805. Mr. Crowe asked the Minister for Loughlinstown, rests with the Eastern Regional Transport if the issue of mutual recognition of the Health Authority. My Department has, therefore, penalty points systems operating in the Twenty- asked the regional chief executive of the six Counties and the Six Counties was discussed authority to reply directly to the Deputy with the at the British-Irish Council meeting held in Wales information requested. on the 28 November 2003. [1086/04] The report of the National Task Force on 806. Mr. Crowe asked the Minister for Medical Staffing, the Hanly report, envisages St. Transport the progress made by the British-Irish Columcille’s Hospital being developed as a local Council on the issue of mutual recognition of the hospital. The report recommends investment in penalty points system operating in the Twenty-six local hospitals such as St. Columcille’s so that Counties and the Six Counties. [1087/04] they are in a position to provide most of the local population’s needs for hospital care. Minister for Transport (Mr. Brennan): I Improvements proposed include: a greatly propose to take Questions Nos. 804 to 806, expanded proportion of elective day surgery and inclusive, together. elective medical procedures for the region in a Penalty point systems are now operating in this range of specialties. This will involve: an country, Northern Ireland and Great Britain. The increasing volume of elective procedures that are authorities in all three jurisdictions are actively often currently performed in the larger hospitals; considering the issue of the introduction of a a strong focus for locally accessible multi- scheme to provide for the mutual recognition of specialist day and out-patient, OPD, care; pre and penalty points between the United Kingdom and post-natal maternity services; a point of access for Ireland. This consideration is being pursued general practitioners to services and diagnostic under the auspices of the British-Irish Council. facilities; and rehabilitation and long-stay care. One of the first matters that will need to be I will shortly be announcing an implementation addressed before full mutual recognition can be group for the East Coast Area Health Board realised will be the introduction of bilateral which will be tasked with planning and recognition of the separate penalty points systems overseeing the detailed implementation of the operating in Great Britain and Northern Ireland. recommendations of the report regarding The summit meeting of the British-Irish provision of acute hospital services in that area. Council which took place in Cardiff on 28 It should be noted that the implementation of the November 2003 focused on the subject of report in the East Coast Area Health Board will indigenous, minority and lesser used languages. ultimately involve the appointment of an In addition, the council was updated on work additional 129 consultants to the region. being undertaken in other areas of the British- Irish Council work programme, including Light Rail Project. transport. The transport work programme, on which the Northern Ireland administration takes 803. Mr. G. Mitchell asked the Minister for the lead, includes a proposal for developing Transport when he now expects the different mutual recognition of driving offences between stages of the Luas project on both lines to be British-Irish Council member administrations. completed; the month in which he expects the first passengers to travel on line A and line B; Transport Sector Meetings. and if he will make a statement on the matter. [1084/04] 807. Mr. Crowe asked the Minister for Transport when the next transport sectoral Minister for Transport (Mr. Brennan): I meeting will be taking place under the auspices understand from the Railway Procurement of the British-Irish Council. [1088/04] Agency that construction will be completed by May 2004 for the Tallaght to Connolly Station Minister for Transport (Mr. Brennan): The line, line A/C, and March 2004 for the Sandyford lead in the transport sector is the Northern 659 Questions — 27 January 2004. Written Answers 660

[Mr. Brennan.] if he will clarify the legal status of these letters, Ireland administration and there is at present no in the event that the commercial climate for the date for the next meeting in the sector. The most company does not prove as successful as recent summit meeting of the British-Irish anticipated by the Minister; if he will outline how Council took place in Cardiff on 28 November the letter of comfort compares with a former last, focusing on indigenous, minority and lesser agreement made between Aer Rianta and the used languages and a number of British-Irish ITGWU representing catering staff in Aer Rianta Council meetings are scheduled in the months which is now a matter of dispute between workers ahead. and the company after some workers have been made redundant from the airport restaurant Penalty Points System. company established under the agreement; and if 808. Dr. Cowley asked the Minister for he will make a statement on the matter. Transport if his Department has plans to impose [1864/04] penalty points on those drivers who persist to Minister for Transport (Mr. Brennan): I park in disabled drivers allocated parking spaces; propose to answer Questions Nos. 809, 815, 817 and if he will make a statement on the matter. and 826 together. [1154/04] There has been a number of consultancy or Minister for Transport (Mr. Brennan): The expert reports in recent years on Aer Rianta and Government road safety strategy 1998-2002 the State airports, including the Warburg Dillon recommended that a system of penalty points Read report of 1999 which reviewed the strategic should be introduced with the specific focus of options for the future of Aer Rianta, the Doganis tracking a range of motoring offences that have a report of January 2002 on aviation-tourism issues direct impact on road safety. The Road Traffic and the Mullarkey report of February 2003 on the Act 2002, which provides the legislative basis for independent terminal concept for Dublin the penalty points system, reflects that focus, and Airport. In addition, in May of last year, Aer the 69 offences identified as penalty point Rianta submitted to me a copy of a report, which offences are directly related to road safety. The the company commissioned from NERA only offence relating to parking included in the Economic Consulting on competition in the list is the offence of dangerous parking as such context of Irish airports. activity has a direct influence on road safety. The Warburg Dillon Read report of 1999, while While I have no plans to extend the penalty offering some general observations on the issue points system to other offences at this time, I will of separating the three State airports, did not keep the system under review. analyse this issue, draw any conclusions nor make any recommendations in respect of it. The State Airports. decision by the Government in July last to restructure the State airports was a strategic 809. Mr. F. McGrath asked the Minister for decision taken on foot of the commitment in An Transport the Government or Aer Rianta Agreed Programme for Government to continue commissioned report that supports or proposes to transform Aer Rianta and, as part of that the break up of the existing company; and if he process, to ensure that Shannon and Cork will reconsider this plan. [1166/04] Airports have greater autonomy and 815. Mr. R. Bruton asked the Minister for independence. Transport his plans to publish a separate strategy The new arrangements are designed to statement for each of the three constituent strengthen the contribution that the State airports airports within Aer Rianta which will identify a make to economic development and to give both credible path to commercial success for each of Shannon and Cork a fresh start under the airports and demonstrate that his proposals international and regional leadership. I believe all in relation to the share out of existing debt will three airports can perform better than they have leave each company in a position to meet to date and, through more focused commercial competition on a level playing field. [1468/04] operation, each can play a greater role in stimulating and supporting regional economic 817. Mr. P. Breen asked the Minister for activity to the benefit of their customers, both Transport the way in which Shannon Airport, airlines and passengers, and of Irish tourism, based on statistics available, which show that if trade and industry. I will shortly be announcing the current bilateral agreement was changed from the remaining members of the boards-designate a one to one to a two to one, Shannon Airport’s for Dublin and Cork Airports. As in the case of bottom line would be reduced by approximately \ the Shannon board which I announced in 4 million; his plans to ensure Shannon’s viability October, the new boards for Dublin and Cork going forward if there is a change to the current will bring together people of the highest calibre bilateral air agreement; and if he will make a combining international, national and regional statement on the matter. [1495/04] expertise. 826. Mr. R. Bruton asked the Minister for It is proposed that the two new independent Transport the details of the letters of comfort airport authorities for Shannon and Cork will which he is issuing to the workers in Aer Rianta; both commence business free of debt and that the 661 Questions — 27 January 2004. Written Answers 662 debts associated with these airports, including the company will not be brought to lesser terms and debt associated with the major new investment conditions of employment than they currently programme currently under way at Cork Airport, enjoy. I am pleased that SIPTU decided to call will remain with Dublin Airport. The desirability off its threatened industrial action at the airports of these debt arrangements emerged from my on Thursday last and I look forward to a Department’s consideration of the financial resumption of the discussions between the unions position of the three State airports within the and my Department, under the chairmanship of current Aer Rianta structure, which was provided an LRC official, at which these and other issues to my Department by Aer Rianta. My of concern to the Aer Rianta unions can be Department was assisted in its analysis of the Aer further debated. However, contrary to some Rianta data by PricewaterhouseCoopers which media reports in recent weeks, I have no completed its work in the early part of last year. proposals to issue letters of comfort to workers in As part of the ongoing work on the Aer Rianta and such letters are neither implementation of the Government decision appropriate nor necessary in this case. My which is led by a project steering group in my position on this has been misrepresented as “jobs Department on which Aer Rianta is represented, for life”, a term I have not used nor do I believe broad financial projections for the three airports it is a term any trade union has used either. It is will be updated over the coming weeks. These normal when State companies are in transition to projections will be particularly important in provide for the same terms and conditions for establishing the opening balance sheets for the existing workers afterwards as before. Therefore, new airport authorities. This will not in any way the phrase is misleading and does not apply here. inhibit the commercial freedom and indeed I have stated in recent correspondence with responsibility of the new airport authorities, when trade union representatives that the appropriate formally appointed, to develop strategic and way to reflect my commitment to maintain the business plans, including marketing strategies, for security and quality of employment of Aer Rianta the three airports. workers post restructuring remains to be finalised between my Department and the trade unions. I As the current talks on an open aviation area have suggested that the talks being chaired by an agreement progress, it is apparent that changes in official of the Labour Relations Commission the relationship between the EU and US, in the provide the appropriate forum for this. context of transatlantic air services, are Issues relating to any former agreements inevitable. Such changes will have consequences between Aer Rianta and the ITGWU — now for the Ireland-US bilateral air services known as SIPTU — are a matter for the parties agreement. I am carefully monitoring the position concerned in accordance with the terms of those and the compilation of the financial projections agreements. for the three airports will have regard to the emerging situation. Statutory Instruments. In correspondence with ICTU and the Aer 810. Mr. Naughten asked the Minister for Rianta unions over the past fortnight, I have Transport the statutory instruments signed by conveyed repeated assurances and clarifications him since 17 May 2002; and if he will provide the in regard to the protection of the tenure and title, number and principal effects of each such terms and conditions of employment of Aer instrument; and if he will make a statement on Rianta workers in the context of the three new the matter. [1198/04] independent airport authorities when established. Minister for Transport (Mr. Brennan): The I have also reaffirmed my willingness to underpin reply to the Deputy’s question is in the following this undertaking by including a provision in the table. Each statutory instrument is published in amending legislation currently being drafted Iris Oifigiu´il, of which current and back issues are which will ensure that the existing workers in the available in the Oireachtas Library.

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Road Traffic (Public Service Vehicles) S.I. 411 of 2002 07.08.2002 These Regulations provide for (Amendment) Regulations 2002 amendments to existing regulatory provisions in relation to a taximeter printer. Road Traffic Act 2002 (Commencement) S.I. 491 of 2002 22.10.02 This Order brings into operation with Order 2002 effect from 31 October 2002, certain provisions of the Road Traffic Act 2002 (No. 12 of 2002) Road Traffic Act 1961 (Section 103) S.I. 492 of 2002 23.10.02 These regulations deal with the fixed (Offences Regulations 2002) charge system for speeding offences and also introduce penalty points for certain offences. European Communities (Vehicle Testing) S.I. 499 of 2002 01.11.2002 These Regulations transpose Directive (Amendment) (No. 2) Regulations, 2002. 2001/9/EC regarding roadworthiness testing of certain vehicles. 663 Questions — 27 January 2004. Written Answers 664

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Road Traffic (National Car Test) S.I. 500 of 2002 01.11.2002 These Regulations transpose (Amendment) (No. 2) Regulations, 2002 Commission Directive 2001/9/EC regarding the use of on-board diagnostic systems to determine certain emissions in the conduct of roadworthiness testing of certain vehicles. Dublin Transportation Office S.I. 519 of 2002 15.11.2002 This Order provides for an expansion (Amendment) Order 2002 in the membership of the Dublin Transportation Office Steering Committee and to reflect the new local authority titles introduced in the Local Government Act 2001 Road Traffic Act 1994 (Section 25) S.I. 597 of 2002 18.12.02 This Order brings into operation with (Commencement) Order 2002 effect from 1 January, 2003, section 25 of the Road Traffic Act 1994 (No. 7 of 1994). Road Traffic Act 2002 (Commencement) S.I. 598 of 2002 18.12.02 This Order brings into operation with (No. 2) Order 2002 effect from 1 January, 2003 and 1st February, 2003 certain provisions of the Road Traffic Act 2002 (No. 12 of 2002). Road Traffic (Construction and Use of S.I. 5 of 2003 16.01.2003 These Regulations increase the Vehicles) Regulations, 2003 maximum permissible drive axle weight of a vehicle to 11.5 tonnes and the maximum weight laden of certain vehicles and combinations. Roads Act 1993 (Classification of S.I. 26 of 2003 27.01.2003 These Regulations classify the public National Roads) (Kilcock Kinnegad road between Kilcock and Kinnegad in Route) Order 2003. the counties of Kildare, Meath and Westmeath as a national road European Communities (Driving S.I. 52 of 2003 17.02.2003 These Regulations provide for the Theoretical Tests) Regulations 2003 operation of a driver theory test. European Communities (cableway S.I. 470 of 2003 03.03.2003 This regulation transposed Directive installations designed to carry persons) 2000/9/EC into Irish law and introduces Regulations 2003 a regulatory framework for cableway installations and their subsystems and safety components. Road Traffic (Signs) (Amendment) S.I. 97 of 2003 13.03.03 These regulations amend the Road Regulations 2003 Traffic (Signs) Regulations 1997 and 1998 to provide for new regulatory traffic signs in connection with the on- street running of light rail vehicles. Road Traffic (Traffic and Parking) S.I. 98 of 2003 13.03.03 These regulations amend the Road (Amendment) Regulations 2003 Traffic (Signs) Regulations 1997 and 1998 to provide for new regulatory traffic signs in connection with the on- street running of light rail vehicles. Iarnro´ dE´ ireann (Athlone — Galway) S.I. 162 of 2003 14.04.2003 The Order enables Iarnro´ dE´ ireann to (Woodlawn level crossing) Order 2003. replace an existing manually operated level crossing gates with new automatic barriers. Iarnro´ dE´ ireann (Athlone — Galway) S.I. 163 of 2003 14.04.2003 The Order enables Iarnro´ dE´ ireann (Ballinasloe level crossing) Order 2003 replace an existing manually operated level crossing gates with new automatic barriers. Iarnro´ dE´ ireann (Athlone — Galway) S.I. 164 of 2003 14.04.2003 The Order enables Iarnro´ dE´ ireann (Athenry level crossing) Order 2003. replace an existing manually operated level crossing gates with new automatic barriers. European Communities (Restriction of S.I. 195 of 2003 14.05.2003 The purpose of these Regulations is to Civil Subsonic Jet Aeroplane Operations) give effect to the provision of Council Regulations 2003 Directive 98/20/EC of 30 March 1998 and Commission Directive 1999/28/EC of 21 April 1999 affecting the operation of certain categories of subsonic jet aeroplanes within the territories of Member States of the EC after certain specific dates. Air Navigation and Transport S.I. 246 of 2003 26.05.2003 This S.I. provided for an increase of (Amendment) Act 1998 (Aggregate \100 million to \671 million of the Borrowings Limit Variation) Order 2003. aggregate amount of moneys borrowed at any one time by Aer Rianta cpt. as specified in section 13(5) of the Air Navigation and Transport (Amendment) Act 1998 (No. 24 of 1998). 665 Questions — 27 January 2004. Written Answers 666

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Road Traffic Act 2002 (Commencement) S.I. 214 of 2003 29.05.03 This Order brings into operation with Order 2003 effect from 1st June, 2003 certain provisions of the Road Traffic Act 2002 No. 12 of 2002). European Communities (Civil Aviation S.I. 226 of 2003 03.06.2003 The Regulations facilitate the Security) Regulations 2003 implementation and enforcement of EU Regulation No. 2320/2002 establishing common rules in the field of civil aviation security. Co´ ras Iompair E´ ireann Spouses’ & S.I. 230 of 2003 04.06.2003 The purpose of this Order is to provide Children’s Pension Scheme for Regular pensions for spouses’ and children of Wages Staff (Confirmation) Order 2003 deceased members of the CIE Pension Scheme. European Communities (Random S.I. 227 of 2003 06.06.2003 These Regulations transpose Directive Roadside Vehicle Inspection) Regulations 2000/30/EC of 6 June 2000 on random 2003 roadside inspections of certain commercial vehicles. Road Traffic Act 2002 (Commencement) S.I. 321 of 2003 22.07.03 This Order brings into operation with (No. 2) Order 2003 effect from 25th August, 2003 certain provisions of the Road Traffic Act 2002 (No. 12 of 2002). Road Traffic Act 1961 (Section 103) S.I. 322 of 2003 22.07.03 These regulations, which will come into (Offences Regulations 2003 effect on 25 August 2003, declare that the fixed charge system be applied to the driver of a mechanically propelled vehicle in respect of specified safety belt offences. Transport Act 1963 (Railway Works — S.I. 370 of 2003 28.07.2003 The Order confers on CIE the Drogheda) Order 2003 necessary power to construct and maintain a new diesel rail depot at McBride Station, Drogheda, Co. Louth Co´ ras Iompair E´ ireann Superannuation S.I. 390 of 2003 27.08.2003 The Order amends the 1951 CIE Scheme 1951 (Amendment) Scheme Superannuation Scheme insofar as it (Confirmation) Order 2003 refers to the conditions governing the award of ill-health pensions (retirement on medical grounds by reason of infirmity). Road Traffic (National Car Test) S.I. 405 of 2003 08.09.2003 These Regulations consolidate the Regulations 2003 statutory provisions concerned with the National Car Test, the suitability testing and periodic roadworthiness testing of small public service vehicles in one Statutory Instrument. European Communities (European S.I. 469 of 2003 26.09.2003 These Regulations extend the powers Aviation Safety Agency) Regulations of the Irish Aviation Authority for the 2003. purpose of giving effect to Regulation (EC) 1592/2002 and the European Aviation Safety Agency (EASA) Taxi Regulation (Act) 2003 (Part 4) S.I. 517 of 2003 31.10.2003 The Order provides that 4.11.2003 is (Appointed Day) Order 2003 the appointed day for the establishment of the Advisory Council to the Commission for Taxi Regulation. European Communities (Access to S.I. 536 of 2003 03.11.2003 These Regulations give effect to Railway Infrastructure) Regulations 2003 Directive 2001/12/EC of 26 February, 2001 on the development of the Community’s railways European Communities (Licensing of S.I. 537 of 2003 03.11.2003 Regulations to give effect to Directive Railway Undertakings) Regulations 2003 2001/13/EC of 26 February, 2001 on the licensing of railway undertakings European Communities (Mechanically S.I. 551 of 2003 11.11.2003 These Regulations require that Propelled Vehicle Entry into Service) applications to the Revenue Regulations 2003 Commissioners for the registration of new commercial vehicles and buses must include a short form of a certificate of conformity to specified EU Directives. The Regulations revoke the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations 2001 (S.I. No. 374 of 2001). 667 Questions — 27 January 2004. Written Answers 668

Title No. Signed Principal Effects

European Communities (Passenger Car S.I. 552 of 2003 11.11.2003 These Regulations require that Entry into Service) Regulations 2003 applications to the Revenue Commissioners for the registration of new cars must include a short form of a certificate of conformity to Directive 2001/116/EC. The Regulations revoke the European Communities (Passenger Car Entry into Service) Regulations 2001 (S.I. No. 373 of 2001). European Communities (European S.I. 645 of 2003 25.11.2003 These Regulations give effect to the Aviation Safety Agency) Regulations provisions of Council Directive No. 2003. 2002/30/EC of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related restrictions at Community airports. European Communities (Fourth Motor S.I. 651 of 2003 27.11.2003 These regulations give legal effect to Insurance Directive) Regulations 2003 the provisions of Directive 2000/26/EEC of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth Motor Insurance Directive) Road Traffic Act 2003 (Commencement) S.I. 647 of 2003 28.11.2003 This Order brings into operation with Order 2003 effect from 1st December, 2003 all provisions of the Road Traffic Act 2003 (No. 37 of 2003). European Communities (Transport of S.I. 701 of 2003 18.12.2003 Regulations to give effect to Directive Dangerous Goods by Rail) Regulations 2001/6/EC of 29 January 2001 and 2003 Directive 2003/29/EC of 7 April 2003 adapting for the third and fourth time Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail. Co´ ras Iompair E´ ireann Superannuation S.I. 11 of 2004 08.01.2004 The Order co-ordinates CIE Scheme 1951 (Amendment) Scheme superannuation contributions and (Confirmation) Order 2004 benefits with social insurance benefits with effect from 6th April, 1995. Co´ ras Iompair E´ ireann Spouses’ & S.I. 12 of 2004 08.01.2004 The Order makes the necessary change Children’s Superannuation Scheme to the definition of “deceased’s (Amendment) Scheme (Confirmation) pension” following the making of the Order 2004 Order S.I. No. 11 of 2004. Roads Act 1993 (Classification of S.I. 18 of 2004 20.01.2004 These Regulations classify the public National Roads) (Gormanston to road between Gormanston and Dundalk and Dundalk Western Bypass) Dundalk and the proposed Dundalk Order 2004. Western Bypass as a national road. Roads Act 1993 (Classification of S.I. 19 of 2004 20.01.2004 These Regulations classify the Redcow Regional Roads) (Redcow to N52 Link to N52 Link Road north of Dundalk, Road) Order 2004. as a regional road.

EU Presidency. states, trade associations and other representative bodies in pursuance of that programme. 811. Mr. O’Connor asked the Minister for Over the next few months the Department will Transport to report on his Department’s activities chair approximately 22 working group meetings in respect of Ireland’s EU Presidency; if he will dealing with transport issues, leading up to two outline his plans for the next few months; and if Transport Councils on 8 March 2004 in Brussels he will make a statement on the matter. and 10 June 2004 in Luxembourg. The immediate [1218/04] focus of our work is on progressing the trans- Minister for Transport (Mr. Brennan): The European networks, TENS, guidelines on Department of Transport’s objective is to ensure transport to meet the needs of the enlarged a focused and pragmatic Presidency which Europe, and completing the second rail package delivers realistic goals. Last week I presented of rail freight liberalisation measures. Ireland’s Presidency programme for the transport sector to the regional policy, transport and Driving Tests. tourism committee of the European Parliament 812. Mr. Hogan asked the Minister for in Brussels. The full text of that address is Transport when a person (details supplied) in available on my Department’s website at County Carlow will be called for their driving www.transport.ie. In addition, I have held test; and if he will make a statement on the meetings with delegations of different member matter. [1380/04] 669 Questions — 27 January 2004. Written Answers 670

Minister for Transport (Mr. Brennan): A reports will be presented to him at an early date driving test has been arranged for the person for consideration. [1981/04] concerned. Minister for Transport (Mr. Brennan): I propose to answer Questions Nos. 816 and 827 Regional Airports. together. 813. Mr. Naughten asked the Minister for I have established a decentralisation Transport the value of the marketing budget for implementation group in my Department to 2004 for each regional airport; when these funds manage the decentralisation process. It is chaired will be issued; and if he will make a statement on by an assistant secretary and includes the matter. [1386/04] representatives from the areas-agencies scheduled for decentralisation. This group is Minister for Transport (Mr. Brennan): My considering the specific issues raised in the Department administers a grant scheme to assist context of this Department and its agencies, is the regional airports with marketing, safety and conscious of the need to minimise disruption and security related current expenditure. The total is preparing plans to implement the programme amount provisionally allocated in the Estimates \ in so far as it impacts on my Department. for 2004 is 2.24 million and the individual Information regarding the number and grade of amounts for each airport will be determined staff decentralising and their associated shortly. The grants are paid to the airports on accommodation needs has been furnished to the foot of certified claims of eligible expenditure Department of Finance implementation incurred during the year so drawdown of grants committee. My Department will continue to co- by the regional airports would not arise until later operate with the Department of Finance and the in the year. Office of Public Works in advancing the decentralisation programme. I also refer the Proposed Legislation. Deputy to my answer to Questions Nos. 231, 232 814. Mr. Naughten asked the Minister for and 233 on Wednesday, 10 December 2003. Transport the plans he has to amend the legislation prohibiting the use of motorbikes on Question No. 817 answered with Question public property and footpaths; and if he will make No. 809. a statement on the matter. [1401/04] Rail Accidents. Minister for Transport (Mr. Brennan): The Road Traffic Acts establish the legislative basis 818. Mr. Naughten asked the Minister for for the application of a range of restrictions, Transport if he has received the final report into prohibitions and controls on traffic, including the Cahir rail accident; the recommendation motorcycles, and pedestrians using public roads included in the report; and if he will make a and public places. The Acts define a public place statement on the matter. [1588/04] as including any public road and any street, road Minister for Transport (Mr. Brennan): The or other place to which the public have access chief railway inspecting officer has informed me with vehicles as of right or by permission and that he has completed his on-site investigation whether subject to or free of charge. While I have work into the Cahir derailment and that his no immediate plans to amend those provisions, I consultation with relevant persons should be am keeping the scope and application of the concluded by mid-February 2004. He expects to legislation applying to the controls on traffic have the final report completed and submitted to generally under review. me for consideration by the end of March 2004. The interim report is available on my Question No. 815 answered with Question Department’s website, www.transport.ie. No. 809. National Archives. Decentralisation Programme. 819. Mr. Crowe asked the Minister for 816. Mr. Rabbitte asked the Minister for Transport the number of files in his Department Transport the measures he has taken to advance for 1973 released to the National Archives under the decentralisation to the west of Ireland of the 30 year rule; the number withheld; and the sections of his Department or agencies or bodies subject matter of the files withheld. [1592/04] for which he has responsibility; and if he will make a statement on the matter. [1493/04] Minister for Transport (Mr. Brennan): The Department of Transport is committed to 827. Mr. R. Bruton asked the Minister for transferring all appropriate records of 30 years or Transport if assessments are under way in his over to the National Archives. However, it has Department on the activities proposed for not been possible to review records since the decentralisation; the impact on the operations of Department was established in June 2002. I the Department; the risks to the organisation assure the Deputy that the Department will attendant on this move; the measures that will be shortly undertake a review of these records and I put in place to minimise disruption; and if these will inform the Deputy of the outcome. 671 Questions — 27 January 2004. Written Answers 672

Road Traffic Offences. is a matter for Kilkenny County Council, the National Roads Authority and Iarnro´ dE´ ireann. 820. Mr. Carey asked the Minister for Transport if his attention has been drawn to the Road Accident Statistics. availability for sale to the public of devices which are marketed as countering the effect of scanners 823. Mr. F. McGrath asked the Minister for and laser devices used to detect vehicles driven at Transport the number of traffic accident fatalities speeds which breach the statutory limits; and if he in 2003 on minor roads and motorways or other will make a statement on the matter. [1636/04] new roads; and if he will make a statement on the matter. [1691/04] 821. Mr. Carey asked the Minister for Transport if his attention has been drawn to the Minister for Transport (Mr. Brennan): availability for sale to the public of devices which Statistics relating to road accidents, based on are marketed as countering the effect of scanners information provided by the Garda Sı´ocha´na, are and laser devices used to detect vehicles driven at published by the National Roads Authority in its speeds which breach the statutory limits; and if he annual road accident facts reports. The most will make a statement on the matter. [1644/04] recent report is in respect of 2002 and that report, with reports relating to previous years, are Minister of State at the Department of available in the Oireachtas Library. Provisional Transport (Dr. McDaid): I propose to take figures for 2003 indicate that 341 road deaths Questions Nos. 820 and 821 together. occurred during that year. A breakdown of the The Road Traffic (Speed Meter Detectors) number of traffic accident fatalities in 2003 on Regulations 1991 prohibit the importation, minor roads and motorways or other new roads supply, offering to supply, fitting, offering to fit are not yet fully analysed and authenticated. They and use of speed meter detector devices in will be set out in the road accident facts 2003 vehicles. The regulations define a speed meter which will be published by the National Roads detector as any device which is capable of being Authority. used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus Driving Tests. being used to give indications from which the 824. Ms Shortall asked the Minister for speed at which a person was driving can be Transport the details of the training regime and inferred. It is an offence under the Road Traffic standards which are applied in the training of Acts to contravene any of the prohibitions driving testers; if driving testers in training sit any specified in the Road Traffic (Speed Meter examination; if so, the nature thereof; and if not, Detectors) Regulations 1991. Enforcement of the the way in which aptitude, ability and competence regulations is a matter for the Garda Sı´ocha´na. for their work is otherwise assessed. [1716/04]

Road Network. Minister for Transport (Mr. Brennan): Arrangements for the recruitment of driver 822. Mr. McGuinness asked the Minister for testers are principally the responsibility of the Transport the procedure and timeframe involved Civil Service Commission. As part of the in approving the railway works order which is recruitment process, candidates for the position required for the extension of the Kilkenny ring of driver testers are obliged to undertake a road; if he will expedite the process and the psychometric test which assesses their suitability funding required; and if he will make a statement for the position. Candidates are also interviewed on the matter. [1668/04] and undergo a test of their driving ability. The driving test in Ireland is designed in Minister for Transport (Mr. Brennan): I accordance with the requirements of the received the application for a railway order for European Directive 91/439/EEC on driving the necessary alteration of track resulting from licenses, which sets out the skills that a driver the construction of the Kilkenny city ring road must demonstrate during a driving test. from CIE on 9 January 2004. The procedure that Following recruitment each driver tester must now be followed is set out in the Transport undergoes a six week training course which (Railway Infrastructure) Act 2001. Under the covers all aspects of the driving test. The work of Act, I am required to appoint an independent driver testers is monitored on an ongoing basis by inspector to carry out a public inquiry into the supervisory driver testers to ensure that a application. I am currently in the process of uniform standard of test is maintained. There are making this appointment. Matters related to the procedures in place to ensure that further training public inquiry are then a matter for the inspector is provided if difficulties in applying this standard and, therefore, it is not possible to say, with any are identified. degree of accuracy, how long the entire All driver testers underwent a comprehensive application process will take. Following the public two week refresher training programme in 2002 inquiry, the inspector will submit a report to me which covered procedures for carrying out and I will take into account the findings and any driving tests, guidelines for assessing driving other submissions made to me in the matter when faults and training to enhance customer service in deciding on the application. Funding for the work the delivery of the driving test. 673 Questions — 27 January 2004. Written Answers 674

Aviation Security. carry out the railway order phase of the Kildare route project; when the public inquiry will be held 825. Ms McManus asked the Minister for in relation to the project; and if he will make a Transport if his attention has been drawn to the statement on the matter. [2178/04] use of air marshalls in air traffic using Irish airspace by US or otherwise owned aircraft; and Minister for Transport (Mr. Brennan): My if he will make a statement on the matter. Department has provided over \600,000 to CIE [1717/04] to assist with the preparation of the railway order phase of the Kildare route project. Iarnro´ d Minister for Transport (Mr. Brennan): My E´ ireann is in the process of completing the draft Department, in consultation with the National order and I understand that the application will Civil Aviation Security Committee, NCASC, is, be submitted to me by the company in the middle as part of an ongoing review of in-flight security of this year. The procedure to be followed on since 11 September, examining the US emergency receipt of the application is set out in the regulations requiring the deployment of armed Transport (Railway Infrastructure) Act 2001. I trained Government law enforcement officers on am required, under the Act, to direct a public specific US flights which may be subject to a inquiry to be held into the application and to particular security alert. The NCASC which is appoint an independent inspector. All aspects chaired by a senior official from my Department related to the public inquiry are a matter for the comprises representatives of Departments, the inspector and, therefore, it is not possible to say, Garda Sı´ocha´na, airlines, Aer Rianta, the with any degree of accuracy, how long the entire Defence Forces, An Post, Customs and Excise, application process will take. I will take into the Irish Aviation Authority, the Irish Airline account the findings of the inquiry and any other Pilots Association and the regional airports. submissions made to me in the matter when As soon as all the security, safety, legal, cost deciding on the application. and other relevant issues have been assessed and account taken of the views of all parties, including Public Transport. the Garda Sı´ocha´na, pilots, the Irish Aviation Authority, airlines etc., I will bring forward 830. Mr. Sargent asked the Minister for specific proposals for consideration by Transport when funding will be made available Government. I expect to be in a position to do for the proposed shuttle bus service within this in the near future. Balbriggan. [2230/04] Minister for Transport (Mr. Brennan): I have Question No. 826 answered with Question no proposals for funding for shuttle bus services No. 809. within Balbriggan at present, and I am not aware of any plans for such a service. Question No. 827 answered with Question No. 816. Departmental Transport. Driving Tests. 831. Mr. Eamon Ryan asked the Minister for Transport the amount his Department paid out 828. Ms Enright asked the Minister for in 2003 for car mileage expenses; and the separate Transport the number of over 70s who applied amount paid to cover rail or bus ticket expenses for a driving test each year; if his attention has within his Department. [2231/04] been drawn to the cost of approximately \35 which they have to pay for their eye test; and if he Minister for Transport (Mr. Brennan): The will make a statement on the matter. [2093/04] Department of Transport paid out approximately \676,500 in car mileage expenses in 2003, of Minister for Transport (Mr. Brennan): The which approximately \484,885 relates to driver information requested by the Deputy is not testing costs. A further sum of approximately available. There is no obligation on any person to \4,400 was paid to cover rail or bus ticket undergo an eye test on taking a driving test. An expenses within the Department in 2003. eye test report must accompany an application for a provisional licence where such report or a Decentralisation Programme. medical report has not previously been submitted. A person over 70 years of age 832. Mr. Kenny asked the Minister for applying for either a provisional or a driving Transport if a survey of staff in his Department licence must submit a medical report. Details of has been conducted to ascertain the number licensing requirements are available on my willing to take part in the Government Department’s website at www.transport.ie. The decentralisation plans; if he will detail the results cost of an eye test is a matter between the person of any such survey and the number of staff who concerned and their doctor or ophthalmic wish to decentralise; and if he will make a optician. statement on the matter. [2242/04] Minister for Transport (Mr. Brennan): To date, Road Network. staff members in my Department have not been 829. Mr. Stagg asked the Minister for Transport surveyed to ascertain the number wishing to the amount of finance made available to CIE to move to a location scheduled for decentralisation. 675 Questions — 27 January 2004. Written Answers 676

[Mr. Brennan.] commenced the operation of a commuter rail I have established a decentralisation system in the Cork area, since December last, implementation group in my Department to with the provision of a commuter service between manage the decentralisation process. It is chaired Mallow and Cork, upgraded services to Cobh and by an assistant secretary and includes improved services between Tralee-Killarney and representatives from the areas and agencies Cork. scheduled for decentralisation. The question of conducting a survey of the nature referred to Question No. 836 withdrawn. above is among the issues being considered by that group. Prison Committals. 837. Mr. F. McGrath asked the Minister for Railway Stations. Justice, Equality and Law Reform the position 833. Mr. O’Dowd asked the Minister for regarding the imprisonment of a person (details Transport the progress on the proposal to reopen supplied) in Limerick jail. [1092/04] Dunleer railway station. [2270/04] Minister for Justice, Equality and Law Reform Minister for Transport (Mr. Brennan): Iarnro´ d (Mr. McDowell): The person referred to was E´ ireann has informed me that it has examined released from prison custody on 9 January 2004. the case for reopening Dunleer Station on a number of occasions in the past. A review of the Grant Payments. Dublin suburban rail strategy, conducted on 838. Mr. Connaughton asked the Minister for behalf of the company, concluded that the station Justice, Equality and Law Reform the reason a would have only very modest daily boardings capital grant for the community-based not-for- given the population of the area. I understand profit group in Tuam Resource Centre is not that, since the review was conducted, a new being approved under the EOCP programme for development plan has been approved for Dunleer 2000 to 2006; if his attention has been drawn to which involves significant population growth. the fact that this voluntary committee is now in a ´ While I understand that Iarnro´ dEireann has not very difficult situation, as it has a considerable yet seen the revised development plan, the amount of capital invested in the project, and company has indicated that it is prepared to re- that, without the allocation of funding from the examine its position regarding the reopening of Department, the whole process could be seriously the station if the plan is adopted and funding can jeopardised; and if he will make a statement on be provided from developers. the matter. [1093/04] 834. Mr. O’Dowd asked the Minister for Minister for Justice, Equality and Law Reform Transport the progress on the proposal to build a (Mr. McDowell): A grant application for capital new railway station on the north side of grant assistance from the equal opportunities Drogheda. [2271/04] child care programme for 2000 to 2006 was received from that community-based group in Minister for Transport (Mr. Brennan): Iarnro´ d December 2002. All applications for grant E´ ireann informs me that it had some assistance undergo a thorough assessment and representations regarding a second station at appraisal process by Area Development Drogheda on the north side of the town. The Management Limited. On completion of the company has some concerns about the close assessment process, applications are considered proximity of the two stations but, in any event, a by the programme appraisal committee, chaired new station would have to be supported by high by my Department, for a recommendation before density development within its immediate area. I make a final decision. There has been considerable demand from Rail Services. community-based groups for capital grant 835. Mr. Boyle asked the Minister for assistance under the programme, and every Transport if he has received more specific county has benefited from significant grant proposals from Iarnro´ dE´ ireann regarding the commitments to provide new and enhanced proposed rail development in Cork following his community-based child care facilities. My reply to Parliamentary Question No. 39 on 20 Department is currently carrying out an extensive November 2003. [2229/04] review of the programme’s capital commitments to date to ensure that those grant commitments Minister for Transport (Mr. Brennan): Iarnro´ d previously entered into will in fact be realised by E´ ireann’s medium-term investment programme is the groups on the ground. At the same time, it is currently a matter of discussion between my also reviewing the different budget lines under Department and the company. The development the capital programme to ensure that the most of services in the Cork area is part of those effective use is made of all remaining capital discussions. I expect to receive specific proposals funding in accordance with the objectives of the from Iarnro´ dE´ ireann on the development of programme. those services shortly. The Deputy will, however, All applications for capital grant assistance are be aware that Iarnro´ dE´ ireann has already appraised in accordance with the programme 677 Questions — 27 January 2004. Written Answers 678 criteria to ensure that those projects which best Minister for Justice, Equality and Law Reform meet the aims and objectives of the programme (Mr. McDowell): The amount expended on receive the capital grant assistance which will consultancy services by my Department since I enable them to provide quality child care in areas took office is \29,375,399.97. Regarding the where there are service deficits. It would be criteria for awarding contracts, I can inform the premature of me to comment further on specific Deputy that the contracts would have been applications for capital grant assistance at awarded in line with Government procurement present. procedures. I can also inform the Deputy that in some cases limited tendering would have been Consultancy Contracts. applicable and that the following criteria for awarding contracts would have been used: 839. Mr. Costello asked the Minister for understanding the awareness of the requirements Justice, Equality and Law Reform the amount of of the project; feasibility and credibility of the money spent by his Department on consultancy proposed approach and quality of deliverables; services since he became Minister; the name of relevant knowledge, skills, expertise and each consultancy firm awarded a contract; the experience of personnel; and cost effectiveness cost to his Department of each contract; the and value for money. The name of the criteria for awarding each contract; and if he will consultancy firms involved and the amounts paid make a statement on the matter. [1094/04] are set out in the following tabular statement.

Name of consultancy firm Amount paid

\ Centre for Social and Educational Research. Dublin Institute of Technology 25,497.50 Cawley Nea, Advertising Agency 149,109 Bearing Point (formerly KPMG Consulting) 398,391.68 PriceWaterhouse Cooper Consortiums 2,092,893.78 Terry Lawlor 7,535.93 Gartner Group 44,189.30 IT Network Security Consultants (name of firm withheld for security reasons) 34,318.63 Irish International 38,115 Edelmans PR 76,861 Millward Brown IMS 48,170 National Consultative Committee on Racism and Interculturalism (NCCRI) 73,466 Pearn Kandola 57,668.32 Goodbody Economic Consultants Limited 26,468.76 The International Organisation for Migration (IOM) 70,116 Transition Management 18,150 The Institute of Public Administration 14,000 Strata 3 4,392.30 Conference Partners 9,500 ESRI 142,381.86 Marie Crawley 19,206.30 Louise O’Meara 19,073.45 Capita Services 58,975.69 University of Strathclyde 109,342.01 KW Research 7,013 DTZ Pieda 39,000 Dory Reeves 12,259.80 E-Training International 82,904.59 Fitzpatrick Associates 62,254.50 Siobhan Phillips 3,200 Wendy Davis 1,333.09 Carmel McNamee and Mary Quinlan 14,404 Montague 9,345 Jane Pillinger & Associates 72,600 Hibernian Consulting 59,955 UCC Law Department 26,216.79 Farrell Grant Sparks Consulting (FGS Consulting) 54,208 Landsdowne Market Research 20,000 PriceWaterhouse Coopers 61,660.30 679 Questions — 27 January 2004. Written Answers 680

Name of consultancy firm Amount paid

Goodbody Economic Consultants 11,911 Economic and Social Research Institute 145,200 Landsdowne Market Research Limited 6,620 PA Consulting Group 65,136.57 Ralaheen Limited 52,903.62 Accenture 127,000 PriceWaterhouse Cooper 78,741 Open Minds Consultants 6,050 Institute of Public Administration 12,750 Mr. Vincent Steadman 15,080 Ms Eileen Finn 29,300 Terminal Four Solutions Limited 6,594.50 Renaissance Contingency Service Limited 6,655 Blue Wave Technology 13,258 3G identification Limited 19,975.34 AKJ Associates Limited London 40,714.80 Johnny Connolly Research Consultant 4,317.11 Accenture 7,471,511 Helm Corporation 520,963 Fujitsu (formerly ICL) 17,920 Farrell Grant Sparks 75,467 Bill Wood Associates 2,945 Butler Group 9,764 Compuserve 1,265 Fujitsu Consulting 10,452,952 Gartner Group 168,512 Mobius Technologies 1,502 Open Applications Consultants 6,655 Vantage Consultants 3,124,559 Verity 22,167 RCC Consultants Limited 107,986 Accenture 649,217 KPMG Bearing Point 332,591 Eunit AB 11,185 Fujitsu Technology Solutions 1,464,542 JDC Telecom Strategies 1,454 Compliance Engineering 13,794 Michael McGrath 25,591.50 Michael McGrath 57,354 Byrne and Cleirigh 23,731.04 Hay Management Consultants 40,452 Dr. Marian Hanrahan 19,905

Prison Accommodation. On 11 November 2003, the Government decided to implement, from 1 January 2004, a 840. Mr. Naughten asked the Minister for number of measures in the event of failure to Justice, Equality and Law Reform his future reach agreement with the Prison Officers’ plans for Loughan House, Blacklion, County Association in ongoing talks on the proposed Cavan; his views on whether this facility is an change agenda aimed at eliminating overtime integral part of the Prison Service; and if he will payments and reducing prison costs. Those make a statement on the matter. [1108/04] measures include transformation of the open Minister for Justice, Equality and Law Reform centre at Loughan House into a post-release (Mr. McDowell): I would refer the Deputy to my centre for the reintegration into society of reply to the matters raised on the Adjournment prisoners on conditional temporary release. The on 12 and 19 November 2003 regarding measures precise arrangements for the running of such a facility are being finalised in my Department. As to contain prison costs, including possible new I have already indicated, serving staff will be management arrangements for Loughan House transferred to other prisons to perform duties which would not involve the Irish Prison Service. which must currently be done on overtime. 681 Questions — 27 January 2004. Written Answers 682

Similar arrangements will be implemented and partners respectively as well as to any regarding the other open centre at Shelton manager, secretary or other similar officer of the Abbey, Arklow, County Wicklow. entity concerned. The authority shall also refuse I have already made it clear on several to issue a licence where an applicant does not occasions, both inside and outside this House, comply with a requirement under the Bill or that I want the Prison Officers’ Association to regulations made by the authority, e.g. regarding agree to a reasonable and sustainable cost training, where an applicant is under 18 years of structure for the continued involvement of prison age or where the applicant has not paid the officers in operating our prisons and open prescribed fee. To ensure tax compliance by centres. However, if consensus is not possible, I applicants and licensees, section 24 of the Bill will have no option but to proceed with provides that the authority shall refuse to grant implementation of the measures decided by or renew a licence to or regarding a person Government, including alternative arrangements regarding whom a tax clearance certificate is not for the operation of Shelton Abbey and in force. Loughan House. Residency Permits. Private Security Firms. 842. Mr. McGuinness asked the Minister for 841. Mr. Durkan asked the Minister for Justice, Justice, Equality and Law Reform if a decision in Equality and Law Reform the category of the case of a person (details supplied) in County persons who will be disqualified from holding a Carlow will be expedited; and the time frame for licence to operate a private security firm; and if the decision to be made. [1132/04] he will make a statement on the matter. Minister for Justice, Equality and Law Reform [1129/04] (Mr. McDowell): I am pleased to inform the Minister for Justice, Equality and Law Reform Deputy that leave to remain in the State for a (Mr. McDowell): The Private Security Services period of one year was renewed for the person Bill 2001, which is currently awaiting Report concerned following further consideration of his Stage in the House, provides for the case. The matter will be further reviewed in establishment of a body, to be known as the December 2004. Private Security Authority, to control and supervise individuals and firms providing security Court Procedures. services. The principal function of the authority 843. Mr. Dennehy asked the Minister for will be to operate a licensing system for providers Justice, Equality and Law Reform the steps that of security services to maintain and improve have or will be taken to reform the in camera rule standards within the sector. regarding family law in court cases. [1159/04] Provisions relating to the grant of licences are set out in section 21 of the Bill. Applications for Minister for Justice, Equality and Law Reform licences must be accompanied by such references (Mr. McDowell): It is my intention to provide for as to the applicant’s character and competence as the amendment of the in camera rule in the civil the authority may require. Section 35 requires an liability and courts Bill due to be published applicant for a licence, or a licensee who has been shortly. convicted of an offence, other than a prescribed offence, or against whom proceedings for such an Garda Investigations. offence are pending, to notify the authority of the 844. Mr. F. McGrath asked the Minister for conviction or proceedings in a prescribed manner. Justice, Equality and Law Reform if he will For the purposes of assessing an application, investigate allegations of serious corruption the authority may require an applicant to furnish regarding a case (details supplied); and if he will additional information and may require make a statement on the matter. [1161/04] verification by affidavit of any information Minister for Justice, Equality and Law Reform provided by the applicant. A certificate by a (Mr. McDowell): I am informed by the Garda member of the Garda Sı´ocha´na not below the Commissioner that the complainant, despite rank of superintendent may also be required. being afforded every reasonable opportunity, has Section 33 of the Bill enables the authority to declined to make a formal statement of complaint request the Commissioner of the Garda Sı´ocha´na to the Garda Sı´ocha´na and, in the absence to provide any information requisite for the due thereof, the investigation of his allegations, which performance of its functions regarding any are directed at many organs of the State, cannot applicant for a licence or any licensee, and the be advanced. Commissioner shall comply with any such request. 845. Mr. Durkan asked the Minister for Justice, Section 22 of the Bill provides that the Equality and Law Reform further to Question authority shall refuse to grant a licence where, on No. 242 of 19 November 2003, if he has satisfied the basis of the information provided to it, the himself that an ongoing Garda inquiry is based applicant is not a fit and proper person to provide on legitimate grounds and initiated by the gardaı´ a security service. In the case of companies and and not by another party (details supplied). partnerships, the conditions apply to directors [1162/04] 683 Questions — 27 January 2004. Written Answers 684

Minister for Justice, Equality and Law Reform public comments which I have made relating to (Mr. McDowell): As I have previously informed the funding of a particular party in this House, I the Deputy, it has been the practice of successive can tell him on the basis of the briefings available Ministers for Justice, Equality and Law Reform to me that I stand by those comments, and that not to comment on individual Garda will remain my position until such time as it is investigations except in the most exceptional clear that all criminal activity carried out by or to circumstances. the benefit of a particular paramilitary organisation, with links to that party, has ceased Child Care Services. completely. 846. Mr. Andrews asked the Minister for Illegal Immigrants. Justice, Equality and Law Reform if he will make a statement on the progress that has been made 849. Mr. C. Lenihan asked the Minister for by the review group on the vetting of child carers Justice, Equality and Law Reform the measures in the State. [1168/04] he is taking to curb the phenomenon of illegal migration into Ireland. [1203/04] Minister for Justice, Equality and Law Reform (Mr. McDowell): The working group on Garda Minister for Justice, Equality and Law Reform vetting has met on seven occasions to date, the (Mr. McDowell): Measures designed to enforce most recent being on 13 January 2004. The report compliance with our immigration laws are but of the working group is currently being finalised, one aspect of the regulatory arrangements which and it is hoped that it will be submitted to the apply to non-nationals seeking to enter or to Garda Commissioner and myself in the coming remain on our territory. While those measures, weeks. which are the focus of the Deputy’s question, are by no means the only policy response required to Temporary Release of Prisoners. deal with the immigration phenomenon, they are nonetheless an important element. 847. Mr. F. McGrath asked the Minister for The Garda National Immigration Bureau’s Justice, Equality and Law Reform the number of computerised information system is now available prisoners released on parole for Christmas; and at 24 sites throughout the country on a 24-hour the number that breached their rules and basis, including at all major ports and airports. regulations during their release. [1184/04] The essence of that system is the provision of up- Minister for Justice, Equality and Law Reform to-date information immediately to immigration (Mr. McDowell): There were a total of 307 personnel throughout the State to support prisoners granted varying periods of temporary informed, effective and speedy decision making. release at Christmas under the Criminal Justice For example, it contains data, with photographs, Act 1960. That is roughly 9% of the prisoner on all persons who have been refused leave to population. That figure corresponds almost land at any port in the State and information on exactly to the number released in the previous all persons who are the subject of deportation two years. The periods of release varied from a orders. It also contains data on virtually all legally few hours, in some cases accompanied by another resident non-EEA nationals, which obviates responsible person, up to nine nights. All releases difficulties which may arise for such persons on were subject to stringent conditions, which in the arrival at a busy port or airport. vast majority of cases included a requirement to Over 9,000 persons were refused entry to the report on a regular basis to his or her local Garda State and returned to their countries of departure station. As of today’s date, ten of those persons in the years 2002 and 2003. In addition, in those had failed to return to custody. In each case the years, over 1,000 persons were deported and a Prison Service has made contact with the Garda further 1,200 approximately who no longer had Sı´ocha´na to inform it. Each of those persons can permission to reside in the State returned be arrested immediately and returned to prison voluntarily with the assistance of the immigration custody. authorities. Thus, through those efforts alone, over 11,000 illegal immigrants or potential illegal Garda Operations. immigrants have been detected and removed in the past two years. It is important to recognise 848. Mr. F. McGrath asked the Minister for the deterrent effect that this rigorous regime has Justice, Equality and Law Reform if he has on persons who might wish to exploit our evidence that political parties or individual immigration procedures. members of the Houses of the Oireachtas are Both my Department and the Garda National involved in illegal activities or organised Immigration Bureau have established crime. [1185/04] international liaison arrangements with Minister for Justice, Equality and Law Reform immigration authorities in both the United (Mr. McDowell): The Deputy will appreciate that Kingdom, including Northern Ireland, and the collection of evidence regarding criminal France, which are major transit points for illegal activity in particular cases is a matter for the immigration into the State, with a particular focus Garda Sı´ocha´na. However, in so far as the on trafficking activity. Those arrangements Deputy’s question may arise in the context of include the placement of permanent liaison 685 Questions — 27 January 2004. Written Answers 686 officers in the Irish embassies in both London and computerised information system and other Paris. On another related front, we will of course specialised equipment now have the capacity to during our Presidency of the European Union check the authenticity of passports, visas, work continue to promote and participate in a range permits and Garda registration cards. of initiatives in co-operation with our European The foregoing is but a brief synopsis of all that partners to address the complex web of issues has been achieved in recent years in response to surrounding illegal immigration. the issue outlined by the Deputy. Other On the legislative front, the Immigration Act, initiatives include the conclusion of re-admission which was enacted on 14 July 2003, constituted a agreements with a number of source countries, major addition to our corpus of immigration law. the enactment of legislation criminalising It contains a range of amendments designed to employers who employ non-EEA nationals strengthen the effectiveness of our immigration without a work permit, the enactment of and asylum procedures. The Act makes provision legislation restricting the payment of rent for the introduction of carrier liability, which supplements to asylum seekers and other persons obliges carriers bringing non-nationals into not lawfully in the State, the engagement of the Ireland to satisfy themselves that the passengers International Organisation for Migration to whom they take on board at the point of encourage voluntary return, and of course the departure have the correct documentation to deployment of additional resources in both my allow them to disembark here. That provision, own Department and the Garda National which operates regarding traffic coming from Immigration Bureau to deal with the problem. outside the common travel area, is having a major deterrent effect on illegal migration. EU Presidency. Unfortunately, there is clear evidence to show 850. Mr. O’Connor asked the Minister for that our asylum determination system is being Justice, Equality and Law Reform to report on abused by criminal elements whose activities his Department’s activities regarding Ireland’s have clear implications for the security and EU Presidency; if he will outline his plans for the authority of the State itself and the general next few months; and if he will make a statement economic welfare of citizens. Those activities also on the matter. [1219/04] have implications for the preservation of the integrity and effectiveness of the asylum system Minister for Justice, Equality and Law Reform (Mr. McDowell): The Irish Presidency as it operates in Ireland for those who are programme was laid before the Houses of the genuinely in fear of persecution. The Act of 2003 Oireachtas on 18 December and debated in the contained significant changes to the Refugee Act Da´il on 20 January. The programme sets out in 1996 to reduce the extent of that abuse. Those detail my priorities for the Justice and Home include provisions requiring applicants to play a Affairs Council in the context of the objective of more active role in the asylum process. Failure to developing the Union as an area of freedom, co-operate now results in rejection of security and justice. Those priorities are applications. It also contains provisions for more consistent with the requirements of the Treaty of accelerated processing of applications, including: Amsterdam and the work programme agreed by prioritisation of certain claims; reduced time the European Council in Tampere for that limits for appeals; greater use of appeals on purpose. The programme also sets out our papers alone; designating of States as safe priorities in the area of equality, where the focus countries of origin for the purpose of refugee will be on promoting equality and combating determinations; and streamlined operation of the discrimination. Dublin Convention and safe third countries January has already been a very busy month processes. The total number of asylum for my Department. The informal Justice and applications for the year 2003 was 32% down on Home Affairs Council, which I chaired, took the number for 2002, the number for the last six place in Dublin Castle on 22 and 23 January. months of 2003 being 52% down on the Issues dealt with at that meeting included the comparable period for the previous year. Council directive on minimum standards on It is well recognised that increased efforts to procedures for granting and withdrawing refugee combat illegal immigration are accompanied by status, the question of a common return policy, greater attempted exploitation of legal migratory organised crime, the proposal for a Council routes. That results in increased efforts to support framework decision on a European evidence visa applications with false documentation or warrant and, in the context of civil law co- information, greater use of falsified passports and operation, the possibility of an EU instrument to work permits, etc. There is a very rigorous regime deal with small claims. In addition, the UN High employed to determine visa applications, and Commissioner for Refugees, Mr. Ruud Lubbers, personnel from my Department are now presented his views on the development of a employed in the embassies in Moscow and common EU asylum policy at my invitation. Beijing. Fourteen thousand visa applications were Both I and the Minister of State, Deputy rejected in 2002, while 105,000 were granted. In O’Dea, who has special responsibility for equality addition, immigration officers with the assistance matters, have also appeared before the European of the Garda National Immigration Bureau’s Parliament. I appeared before the European 687 Questions — 27 January 2004. Written Answers 688

[Mr. McDowell.] themselves to the Garda National Immigration Parliament Committee on Citizens’ Freedoms Bureau, so that arrangements can be made for and Rights, Justice and Home Affairs, on 21 their removal from the State. Of the 7,892 January to brief the committee on the Irish persons who were notified of their deportation Presidency priorities in the Justice and Home orders, 4608 failed to present themselves to the Affairs area. The Minister of State, Deputy Garda National Immigration Bureau as required. O’Dea, briefed the European Parliament Those persons are classified as evaders and, Committee on Women’s Rights and Equal although it is not known how many actually Opportunities on our priorities in the area of remain in the State, they are subject to arrest and equality on 19 January. detention for the purposes of deportation. I will chair four further meetings of the Justice and Home Affairs Council, and Department of Asylum Applications Justice, Equality and Law Reform officials will be 852. Mr. C. Lenihan asked the Minister for called upon to chair approximately 140 meetings Justice, Equality and Law Reform the reduction at working group level in Brussels and Ireland. in the number of asylum seekers in 2003 and the The Minister of State, Deputy O’Dea, will chair reasons for this reduction in applications. two meetings of the Employment, Social Policy, [1239/04] Health and Consumer Affairs Council regarding the equality issues before those Council meetings. Minister for Justice, Equality and Law Reform There will also be further engagements with the (Mr. McDowell): The number of asylum European Parliament. A number of conferences applications received in 2003 was 7,900 which and seminars relating to the Justice and Home represented a fall of some 32% compared to 2002 Affairs area will also be held in Ireland. The when 11,634 asylum applications were received. calendar of Council meetings which I and other Excluding reapplications, the total number of Government colleagues will chair has been applications for asylum received in 2003 was deposited in the Oireachtas Library, as has the 7,483, a decrease of some 36% on 2002. While it calendar of high-level meetings which are being is not possible to be absolutely certain in relation held in Ireland. to all of the factors involved in the reduction in My officials and I have also advanced the asylum numbers in 2003, it is possible to say that Presidency programme through a considerable the fall in applications was influenced by a number of bilateral contacts with Ministers and combination of factors and strategies. officials in member states and other countries, The Government now has in place a and with officials in the European institutions. I comprehensive strategy for dealing with asylum will continue to hold such meetings as necessary. claims comprising, for example, a strengthened This is a general outline of my Department’s infrastructural and statutory framework for activities regarding Ireland’s EU Presidency and processing applications fairly and within shorter my own plans for that Presidency. However, it timescales to ensure that those in need of refugee is likely that many other commitments will arise protection receive that protection more speedily. between now and the end of the Presidency The infrastructural framework, as the Deputy will regarding my Department. be aware, is made up to two indeiendent agencies, namely, the Office of the Refugee Applications Deportation Orders. Commissioner, ORAC, and the Refugee Appeals Tribunal, RAT, which have been highly 851. Mr. C. Lenihan asked the Minister for resourceful over recent years a situation that has Justice, Equality and Law Reform the figures resulted in the speedier processing of asylum available to his Department regarding the applications by both offices. It is a well-known deportation orders served against illegal migrants fact that slow decision/making in a refugee resident in Ireland and the number of orders determination process often gives rise to high which were not served due to the disappearance numbers of unfounded applications being of the people involved. [1238/04] received. Enhancing the processing capacity of Minister for Justice, Equality and Law Reform our refugee determination process so as to speed (Mr. McDowell): Section 3(2) of the Immigration up decision/making without compromising Act 1999, as amended, allows the Minister for fairness has certainly, in my opinion, had an Justice, Equality and Law Reform to make important impact on numbers. deportation orders regarding nine categories of The strengthening of processing and the persons. Between the commencement of that Act shortening of timescales for decisions has been in November 1999 and 31 December 2003, 7,892 supported by the enhancement of our legislative such deportation orders were served. A base for dealing with asylum applications in the breakdown of that number into the nine form, for example, of amendments to the categories is not available: the vast majority of Refugee Act 1996 by the Immigration Act 2003 the orders were made regarding failed asylum which came into effect on 15 September 2003. seekers. These amendments were, inter alia, aimed at All deportation orders are served on the ensuring that asylum applicants participate more individuals concerned at their last given address actively in the determination process and failure, with a requirement on them to present for example, to co-operate with the asylum 689 Questions — 27 January 2004. Written Answers 690 process can result in the rejection of an The provision, which operates in respect of traffic application. The Immigration Act 2003 also coming from outside the common travel area, is contains provisions for the accelerated processing having a major deterrent effect on illegal of asylum applications, including prioritisation of immigration. certain claims; strengthened credibility While the Government will continue to meet provisions; greater use of appeals on the papers its obligations under the 1951 Geneva alone; designation of States as safe countries of Convention relating to the status of refugees, I origin and streamlined operation of the Dublin am sure that the Deputy will agree that with over Convention and safe third country processes. All \340 million spent on the asylum and related of the relevant amendments in the 2003 Act were immigration process, including on the provision based on the experience of operating the Refugee of support services to asylum seekers in 2002 — Act 1996 over the past few years. a final figure is not yet available for 2003 — it is Central to the integrity of any asylum process incumbent on the Government to ensure that we is the ability to return persons found not be in have a fair and efficient asylum process in place need of refugee p[rotection, and who have no which will tackle abusive applications as well as other protection needs, to their countries of ensuring that those in genuine need of protection origin. In this regard, we are continuing to receive that protection as quickly as possible. maintain the number of deportations being I recognise that the issue of asylum is complex effected, with some 590 persons deported in 2003 and presents many challengers for all the agencies and some 762 voluntary returns also taking place involved in the asylum and immigration process. during this period. As the Deputy will be aware, However, I am convinced that the policies being in the region of 90% of asylum applications received in the State are rejected on the basis that pursued are the right ones, as evidenced in they do not meet the criteria for the award of particular by the results I have highlighted in refugee status as contained in section 2 of the reply to the Deputy. Refugee Act 1996 and in the 1951 Geneva Convention. Prison Service. I am also of the view that the Supreme Court 853. Mr. C. Lenihan asked the Minister for judgement in January 2003 in the case of Lobe Justice, Equality and Law Reform his plans and Osayande has also had an impact on the regarding the Shelton Abbey facility and whether number of unfounded asylum applications being he has visited the centre to hear at first hand the received in the State. The Deputy will be aware views of staff on their future and the effectiveness that this case dealt with the residency status of of the facility. [1258/04] parents of an Irish-unborn child. There is clear evidence to show that our asylum 856. Mr. C. Lenihan asked the Minister for determination process is being abused by criminal Justice, Equality and Law Reform his plans elements whose activities have clear implications regarding handing over the Shelton Abbey for the security and authority of the State itself facility to another agency; and what, if any, and the general economic welfare of its citizens. savings are envisaged by his Department if that These activities also have implications for the were done. [1261/04] preservation of the integrity and effectivelness of Minister for Justice, Equality and Law Reform the asylum system as it operates in Ireland for (Mr. McDowell): I propose to take Questions those that are genuinely in need of protection. Nos. 853 and 856 together. For the purpose of dealing with illegal My preference would be for Shelton Abbey to immigration, the Government has provided continue to be operated by the Irish Prison increased resources to the Garda National Immigration Bureau. The bureau itself has also Service within a prison system that functions on strengthened its international liaison a sensible, reasonable and cost-effective basis. arrangements with immigration authorities in Achieving such a system will require significant both the United Kingdom, including Northern cost restructuring in all prisons and places of Ireland and France, which are major transit detention on foot of proposals put to the Prison points for illegal immigration into the State, with Officers’ Association for new staff attendance a particular focus on trafficking activity. arrangements and the elimination of overtime Amendments contained in the Immigration working. Act 2003 designed to strengthen our immigration The Government decision of 11 November last procedures have also provided an enhanced involves the progressive implementation, from 1 legislative framework for the Garda to carry out January 2004, of several measures in the event of more effective immigration controls. The 2003 failure to reach agreement with the Prison Act makes provision for the introduction of Officers’ Association, or POA, on the proposed carrier liability which obliges carriers bringing change agenda aimed at eliminating overtime non-nationals into Ireland to satisfy themselves payments and reducing other costs in the Prison that the passengers whom they take on board at Service. Those measures include the making of the point of departure have the correct arrangements for the transformation of the open documentation to allow them to disembark here. centres at Loughan House, Blacklion, County 691 Questions — 27 January 2004. Written Answers 692

[Mr. McDowell.] 854. Mr. C. Lenihan asked the Minister for Cavan, and Shelton Abbey, Arklow, County Justice, Equality and Law Reform his views on Wicklow, into post-release centres for the the overall situation in the prison service reintegration into society of prisoners on regarding over-staffing; and if the facility at conditional temporary release. My Department Shelton Abbey has been deemed by either his and the Irish Prison Service are finalising the Department or the prison service to be over- arrangements which need to be put in place to staffed regarding the ratio of staff to prisoners give effect to that aspect of the Government kept there. [1259/04] decision. Minister for Justice, Equality and Law Reform The conversion of Shelton Abbey to a new (Mr. McDowell): Shelton Abbey is an open post-release facility will result in significant facility designed to accommodate up to 56 savings, mainly arising from reductions in the pay prisoners who are categorised as a low security bill. For the year ending 31 December 2002, the risk. Currently 41 members of staff are serving at most recent year for which financial information Shelton Abbey. Recently, the prisoner numbers is available, Shelton Abbey incurred \600,000 in have been reduced in preparation for overtime payments to prison officers. implementation of the proposed transformation Under the new proposed arrangement, that of the open centre at Shelton Abbey into a post- overtime will be eliminated. In addition, the release centre for the reintegration into society of current Prison Service complement of 41 staff will prisoners on conditional temporary release. That be replaced with fewer non-prison staff at measure is one of several steps which the significantly reduced rates of pay owing to the Government approved in the event of failure to fact that the work to be carried out at the centre reach agreement with the Prison Officers’ will be based on more comparable and realistic Association on a change agenda aimed at national work models. That will break the link to eliminating overtime payments and reducing the types of security and staff resources required other costs in the Irish Prison Service. Any in a prison situation. anomaly in staffing to prisoner ratios at Shelton As outlined previously, I have no desire to take Abbey in that context is purely temporary. away the running of Shelton Abbey from the Irish Negotiations with the POA on moving that Prison Service. I want the POA to agree to a agenda forward are currently under way at the reasonable and sustainable cost structure for the Labour Relations Commission, and it is my clear continued operation by its members of our preference that a mutually advantageous prisons and the open centres. I met with agreement is reached with the Prison Officers’ representatives of the POA on 20 November last, Association which would ensure an efficient and and discussed my position on the negotiations. cost-effective Prison Service, including the open Agreement was subsequently reached with the centre at Shelton Abbey. Prison Officers’ Association to employ the 855. Mr. C. Lenihan asked the Minister for services of the Labour Relations Commission. Justice, Equality and Law Reform if he can give Discussions are still ongoing, and I very much a breakdown of the overtime payments to prison hope that a mutually acceptable way forward can officers in the different prison facilities; and his be found at that forum. views on the level of overtime payments made to However, if a consensus is not possible, I will staff at Shelton Abbey in comparison with the have no option but to proceed with the closure of rest of the Prison Service. [1260/04] Shelton Abbey place of detention, and to make Minister for Justice, Equality and Law Reform arrangements for the alternative operation of the (Mr. McDowell): The following table shows a centre. The Prison Service will arrange for the breakdown of overtime payments made to prison transfer of prison officers from those locations to officers in each prison for the year 2002, the latest other prison institutions. full year for which figures are available.

Institution Number of Average number Overtime costs ( \ ) Average overtime staff in custody payment per officer ( \ )

Arbour Hill Prison 123 137 1,582,671 12,867 Castlerea Prison 160 191 2,925,500 18,284 Cork Prison 233 267 3,540,768 15,196 Cloverhill Prison 388 388 6,321,002 16,291 Curragh Place of Detention 74 92 1,386,868 18,741 Fort Mitchel Place of Detention 97 85 1,098,212 11,321 Limerick Prison 204 187 3,201,404 15,693 Loughan House Place of Detention 50 71 598,060 11,961 693 Questions — 27 January 2004. Written Answers 694

Institution Number of Average number Overtime costs ( \ ) Average overtime staff in custody payment per officer ( \ )

Midlands Prison 337 375 5,210,358 15,461 Mountjoy Prison 603 530 12,702,676 21,065 Portlaoise Prison 334 137 8,461,632 25,334 Shanganagh Castle Place of Detention 45 23 646,397 14,364 Shelton Abbey Place of Detention 44 46 607,423 13,805 St. Patrick’s Institution 190 180 4,096,140 21,558 Training Unit Place of Detention 78 91 880,744 11,291 Wheatfield Prison 320 367 5,736,808 17,927

TOTAL 3,269 3,167 58,996,663 18,047

Shelton Abbey place of detention incurred arrangements which need to be put in place to overtime costs of \607,423 in 2002. Based on an give effect to that decision. average of 44 staff, that equates to average overtime earnings of \13,805 per staff member. Citizenship Applications. Shelton Abbey is an open centre and as such has 858. Mr. McGuinness asked the Minister for a negligible security requirement when compared Justice, Equality and Law Reform the progress with the larger medium-security prisons such as regarding a submission made by a person (details Mountjoy and Wheatfield and the high-security supplied) in County Kildare regarding Irish prison at Portlaoise. However, it still generated citizenship; if he will expedite a response given more average overtime expenditure per staff the unusual circumstances of the case; and if he member than that of the closed institutions of will make a statement on the matter. [1331/04] Fort Mitchel and Arbour Hill as well as the training unit, which is a semi-open place of Minister for Justice, Equality and Law Reform detention. (Mr. McDowell): An application for a certificate of naturalisation by the person referred to by the Question No. 856 answered with Question Deputy was received in the citizenship section of No. 853. my Department in September 2003. The average processing time for applications for naturalisation 857. Mr. C. Lenihan asked the Minister for is approximately 15 to 18 months at present. Justice, Equality and Law Reform the number of Consequently, the application of the person serving prison officers now entitled to leave their concerned will be finalised in early 2005. As soon positions and take retirement because they have as I have reached a decision on the matter I will served their contractual period of employment; inform both the applicant and the Deputy of the and the contingency plans he has made should outcome. that become a reality against the background of a future industrial dispute. [1262/04] Garda Operations. 859. Mr. Durkan asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform the number of arrests (Mr. McDowell): The maximum retirement age on foot of arrest warrants in the past year; and if for a prison officer is 60 years, and the normal he will make a statement on the matter. minimum retirement age is 55. However, at [1332/04] present a member of the service may also retire once he or she has completed 30 years’ actual Minister for Justice, Equality and Law Reform service in the Prison Service, provided he or she (Mr. McDowell): I am informed by the Garda is at least 50 years of age. At the moment there authorities that the information sought is not are only 125 out of almost 3,200 officers who fall readily available and could only be obtained by into any of those categories. the expenditure of a disproportionate amount of Any vacancies arising as a result of staff staff time and resources which could not be retiring will be filled, having regard to justified in the circumstances. Government policy on Civil Service numbers, by However, I can inform the Deputy that the way of open competition conducted by the Civil following numbers of bench warrants were issued Service and Local Appointments Commissioners. by the courts in 2002: District Court, 22,149; A competition for the position of prison officer Circuit Court, 436. Figures for the year 2003 are was last held in November 2001. The not yet to hand. Government has approved the holding of a Garda Cash Escorts. competition for the recruitment of a new entry- level grade of prison officer. The Irish Prison 860. Mr. McGuinness asked the Minister for Service is carefully examining the detailed Justice, Equality and Law Reform the number of 695 Questions — 27 January 2004. Written Answers 696

[Mr. McGuinness.] Minister for Justice, Equality and Law Reform Garda or Army escorts provided in each of the (Mr. McDowell): I can inform the Deputy that past five years to financial institutions for the the application was approved on appeal on 7 transport of money throughout the State; the cost January 2004. of each; the contribution made to the Department in each case; the terms of the agreement between Garda Complaints Procedures. the institutions and the State regarding the cost; 862. Mr. O’Connor asked the Minister for the proposals, if any, by the Department to Justice, Equality and Law Reform his views recoup the full costs from the institutions; and if regarding appointing an ombudsman for the he will make a statement on the matter. Garda Sı´ocha´na, particularly following a [1339/04] programme (details supplied); and if he will make a statement on the matter. [1374/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda (Mr. McDowell): The Government is already authorities that, for operational reasons, it is not committed to the establishment of a new body, the practice of the Garda Sı´ocha´na to provide which will have comprehensive powers of details of the number of cash escorts carried out investigation, to deal with complaints against within the State. members of an Garda Sı´ocha´na. The drafting of The costs to the Garda Sı´ocha´na regarding cash the Bill, which will also provide a statutory basis escorts for the banks are as follows: for management, performance and accountability in the Garda Sı´ocha´na, is at an advanced stage, and I intend to publish it shortly. Year Amount Court Procedures. \ 863. Ms O. Mitchell asked the Minister for 2002 3,953,886 Justice, Equality and Law Reform if a change will 2001 4,341,491 be considered to the Juries Act 1976, which describes deaf people as unsuitable for jury 2000 2,971,817 duty. [1375/04] 1999 3,112,538 Minister for Justice, Equality and Law Reform (Mr. McDowell): I am of the view that the Figures regarding 2003 have not yet been wording used to in the Juries Act 1976 describing finalised. It is not possible to provide a deaf people and others as “incapable persons” in disaggregation of costs by individual escort duty. the context of serving on a jury is dated. I have The contributions of the banks regarding the asked that the matter be borne in mind in the above-mentioned costs are as follows: context of any future review of the legislation in question.

Year Contribution Crime Prevention. 864. Mr. O’Connor asked the Minister for \ Justice, Equality and Law Reform if his attention 2002 952,000 has been drawn to the strong demand for 2001 952,000 approval by his Department for funding under 2000 952,000 the crime prevention youth projects scheme for 1999 952,000 the St. Aengus youth project in Tallaght; if his attention has further been drawn to the potential of this special project which has the full backing Following negotiations between the banks and of the Garda Sı´ocha´na; when decisions regarding my Department last year, the banks agreed to same will be announced; and if he will make a increase their contributions to \3,000,000 for statement on the matter. [1399/04] 2003. It was also agreed that further discussions Minister for Justice, Equality and Law Reform would occur about the level of contributions to (Mr. McDowell): I refer the Deputy to my reply be made by the banks in future years, and my to Question No. 139 of 26 November 2003. The Department is currently pursuing that matter. position remains as set out in that reply.

Visa Applications. Citizenship Applications. 861. Mr. N. O’Keeffe asked the Minister for 865. Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if he will Justice, Equality and Law Reform the position consider a holiday visa application for a person regarding the application for citizenship for a (details supplied) which is under appeal. person (details supplied) in County Cork. [1372/04] [1407/04] 697 Questions — 27 January 2004. Written Answers 698

Minister for Justice, Equality and Law Reform Those recommendations in the report of (Mr. McDowell): An application for a certificate immediate relevance to the purpose and scope of of naturalisation from the person referred to by the Criminal Justice (Terrorist Offences) Bill the Deputy was received in the citizenship section 2002 were considered in the context of the of my Department on 28 August 2002. The preparation of that legislation. The Bill, average processing time for applications for accordingly, will give effect to a limited number naturalisation is approximately 15 to 18 months of recommendations to that end. A fuller at present. It is likely that the application of the consideration of the other recommendations of person concerned will be finalised in the next few the committee will be finalised once that Bill has months. As soon as I have reached a decision on been enacted, and I will then bring further the matter I will inform both the applicant and proposals to the Government. the Deputy of the outcome. Registration of Title. Human Rights Issues. 867. Mr. Ring asked the Minister for Justice, 866. Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if the Land Registry Equality and Law Reform the action it is Office will urgently expedite the issue of a map proposed to take to provide an effective remedy to a person (details supplied) in County Mayo. to a person (details supplied) following the [1415/04] finding by the UN Human Rights Committee that their rights under the International Covenant on Minister for Justice, Equality and Law Reform Civil and Political Rights had been infringed by (Mr. McDowell): I am informed by the Registrar Ireland; and the steps it is proposed to take to of Titles that this is an application for a special prevent further similar violations of the features map which was lodged on 17 October covenant. [1408/04] 2003. Application No. C2003SM004890J refers. I am further informed that applications for Minister for Justice, Equality and Law Reform ordinary copy maps take between six and nine (Mr. McDowell): In April 2001, the United weeks and, in the case of applications for special Nations Human Rights Committee held that features maps, the time frame is longer, owing to there had been a violation of the rights of the the extra detail to be put on the maps and the person in question under Article 26 of the volume of applications received. However, I can International Covenant on Civil and Political assure the Deputy that the application is Rights to equality before the law and to the equal receiving attention in the Land Registry and will protection of the law. be completed within the next week. The basis for that conclusion was that, in the view of the committee, the State had failed to Visa Applications. demonstrate that the decision to refer the person in question to the Special Criminal Court, as 868. Mr. Costello asked the Minister for provided for in the Offences against the State Justice, Equality and Law Reform the reason the Acts, was based upon reasonable and objective immigration and citizen division of his grounds. In acknowledgement of the view of the Department at Burgh Quay, Dublin 1, is only committee and having regard to its obligations contactable on three mornings per week for a under Article 2, paragraph 3(a) of the covenant, total of six hours by members of the public; if the the State made a payment to the person in period will be extended, as it frequently takes a question of IR£1,000. considerable period of time to access the The person in question submitted a telephone lines; if he has established or intends communication to the Human Rights Committee to establish an Oireachtas Members’ inquiry line; in July 2001 complaining about the remedy and if he will make a statement on the matter. provided by the State. In its decision adopted in [1433/04] October 2002, the committee decided that the Minister for Justice, Equality and Law Reform communication was inadmissible under Articles 1 (Mr. McDowell): I assume, from the hours and 2 of the optional protocol to the International specified, that the Deputy is referring to the visa Covenant on Civil and Political Rights. helpline, which is one of four helplines operated The provisions of the Offences against the in the immigration and citizenship division of my State Acts were the subject of a detailed review Department. I refer the Deputy to my reply to by a committee established under the Question No. 396 of 18 November 2003, in which chairmanship of former Supreme Court judge Mr. I addressed that issue comprehensively. I am Justice Anthony Hederman. The Committee’s considering with officials in my Department ways report was published in August 2002. It is an to underpin the quality and efficiency of services extensive report, dealing with complex issues of provided in light of the resources available. law and policy — including matters relating to the Special Criminal Court — and involves important Victims Commission. considerations concerning the balance to be struck between national and international 869. Mr. F. McGrath asked the Minister for security on the one hand and civil liberties and Justice, Equality and Law Reform if the individual rights on the other. maximum advice and support will be given to a 699 Questions — 27 January 2004. Written Answers 700

[Mr. F. McGrath.] include licensed restaurants; and if he will make person (details supplied) in Dublin 5 who is a a statement on the matter. [1462/04] victim of the justice system; and if the commissioner will investigate the case. [1434/04] Minister for Justice, Equality and Law Reform (Mr. McDowell): Section 14 of the Intoxicating Minister for Justice, Equality and Law Reform Liquor Act 2003, which substitutes a new section (Mr. McDowell): I have had inquiries made for section 34 of the Intoxicating Liquor Act regarding this matter, and I am informed that a 1988, generally prohibits persons under the age person pleaded guilty in court to assault on the of 18 years from being in the bar of licensed person referred to by the Deputy and was premises. A licensee may, however, permit a accordingly convicted and given a suspended child (a person under the age of 15 years) to be sentence of 18 months and bound to keep the in the bar if accompanied by a parent or guardian, peace for two years. The court also ordered that but not after 9 p.m. That discretion does not compensation to the amount of \3,809.21 be paid apply where it appears to the licensee that the to the injured party, which I am informed was child’s presence in the bar could reasonably be paid on 2 May 2002. regarded as injurious to the child’s health, safety I understand that the victim was provided with or welfare. A licensee may also permit a person information about the services of Victim Support aged between 15 and 17 to be in the bar and had a member of the Victim Support court unaccompanied by a parent or guardian, but not services section present when attending court. In after 9 p.m. addition, the victim may wish to make an A licensee may allow a child accompanied by application to the Criminal Injuries a parent or guardian, or a person aged between Compensation Tribunal, 13 Lower Hatch Street, 15 and 17, to be in the bar after 9 p.m. on the Dublin 2, if that has not already been done. occasion of a private function at which a substantial meal is served to persons attending Registration of Title. the function. 870. Mr. Cregan asked the Minister for Justice, "“Bar"” is defined as any open bar or any part Equality and Law Reform if he will arrange to of licensed premises exclusively or mainly used have copy of land certificate issued to a person for the sale and consumption of intoxicating (details supplied) in County Kilkenny to enable liquor and includes any counter or barrier across them to complete sale of property. [1443/04] which drink is or can be served to the public. The restrictions already mentioned do not apply to Minister for Justice, Equality and Law Reform other parts of the licensed premises. “Substantial (Mr. McDowell): I am informed by the Registrar meal” is defined in section 9(1) of the of Titles that this is an application for the issue Intoxicating Liquor Act 1962 which provides that of a duplicate land certificate which was lodged a meal served in any premises shall not be on 25 November 2003. Application No. deemed to be a substantial meal unless the meal S2003TJ003065R refers. is such as might be expected to be served as a The Deputy will be aware that applications for main midday or main evening meal or as a main duplicate land certificates take time to process course at either such meal, and the meal is of a due to the fact that notices have to issue to a kind for which (i) having regard to the prices number of institutions, an advertisement needs to charged for meals in the premises at times other be placed in the Law Gazette and certain time than prohibited hours, or (ii) if meals are not limits have to elapse before the application can normally served in the premises, having regard to receive further consideration. all the circumstances, it would be reasonable to I am further informed that notices in relation charge a sum that is not less than that fixed by to this application were sent to relevant order of the Minister for Justice, Equality and institutions who may be able to assist the Land Law Reform. Registry with this application on 15 January 2003. The Intoxicating Liquor Act 1962 (section 9) I am also informed that a letter was issued to the Order 2003 (S.I. No. 442 of 2003) fixed this sum lodging solicitor on the 16 January 2003 in at \9.00 with effect from 29 September 2003. The relation to the placing of an advertisement in the restrictions in section 14 of the 2003 Act do not Law Gazette. apply to a son or daughter of the licensee, a I can assure the Deputy that once the notice person who resides in the licensed premises, a period expires and the stipulated time limits person who is passing through the bar solely for elapse, the application will receive further the purpose of entering or leaving another part consideration. of the premises, or a person who is employed in the licensed premises in accordance with section Liquor Licensing Laws. 38 of the Intoxicating Liquor Act 1988. 871. Dr. Cowley asked the Minister for Justice, Where a part of licensed premises contains a Equality and Law Reform the situations, where a bar counter which is physically closed and is not person under 18 years of age is permitted to stay used for the supply of intoxicating liquor, such a in a public house/licensed premises after 9.00 part of the premises does not constitute a “bar” p.m.; the definition of a full meal; and if this has within the meaning of the 2003 Act. I would, to take place at a function or does this section however, recommend that any person organising 701 Questions — 27 January 2004. Written Answers 702 an alcohol-free event in such premises for persons Month Number under the age of 18 notify the superintendent of the Garda Sı´ocha´na for the Garda district in November 223 which the premises are situated in advance of the December 209 proposed event. Total 2,612 A restaurant in respect of which a special restaurant licence has been granted under Part II of the Intoxicating Liquor Act 1988 is prohibited under section 16 of that Act from containing a Unauthorised takings — Dublin West Area 1999-2003 bar. Section 14 of the 2003 Act does not, therefore, apply to a restaurant with a special Year Number restaurant licence. 2003 2,612 Asylum Applications. 2002 2,917 2001 3,190 872. Mr. McGuinness asked the Minister for 2000 3,226 Justice, Equality and Law Reform further to 1999 2,743 Parliamentary Question No. 413 of 18 November 2003, if a decision has been made in this case or if he will expedite a decision given the circumstances of the family. [1474/04] Garda Stations. Minister for Justice, Equality and Law Reform 874. Mr. Sargent asked the Minister for Justice, (Mr. McDowell): As stated in my reply to Equality and Law Reform his plans to provide a Parliamentary Question No. 413 of 18 November Garda station in Donaghmede; and if he will 2003, the application for family reunification has make a statement on the matter. [1483/04] been referred to the Refugee Applications Minister for Justice, Equality and Law Reform Commissioner for investigation as required under (Mr. McDowell): I have been informed by the section 18 of the Refugee Act 1996. The Garda authorities that there are no plans to open commissioner is currently examining the a Garda station in Donaghmede. application and will submit a report to me on completion of this investigation. On receipt of the Garda Remuneration. commissioner’s report a decision on the application will be made as soon as possible 875. Mr. Cregan asked the Minister for Justice, thereafter. Equality and Law Reform the number of Garda Sı´ocha´na members and their ranks, who have Car Theft. been granted the full 18 month lodging allowance as allowed for in transfer regulations applicable 873. Mr. Crowe asked the Minister for Justice, when members of the Garda Sı´ocha´na are Equality and Law Reform the number of cars promoted and transferred from 1985 to date. stolen in the Dublin South-West area in each of [1484/04] the past 12 months; and how this compares with figures over the past five years. [1482/04] Minister for Justice, Equality and Law Reform (Mr. McDowell): My Department’s financial Minister for Justice, Equality and Law Reform management system contains certain accounting (Mr. McDowell): I have had inquiries made with information on the payment of lodging the Garda authorities and the information sought allowances in connection with the transfer of by the Deputy is outlined in the following tables. members of the Garda Sı´ocha´na. However, there The Deputy will note that, although the figure are no records in my Department, either manual remains high, the 2003 total is the lowest or computer, that can be readily accessed in order recorded in the past five years. to indicate the number of members and their Unauthorised takings — Dublin West Area — 2003 ranks, who have been granted the full 18 month lodging allowance from 1985 to date. An Month Number extensive trawl through manual records would be necessary but it is not certain that the result January 202 would be conclusive due to procedures in the February 182 accounts area for destroying accounting records March 248 after the record has been retained for seven years. April 232 May 270 Visa Applications. June 213 July 198 876. Mr. Connaughton asked the Minister for August 185 Justice, Equality and Law Reform the reasons persons (details supplied) have been refused visas September 217 for entry into Ireland; and if he will make a October 233 statement on the matter. [1485/04] 703 Questions — 27 January 2004. Written Answers 704

Minister for Justice, Equality and Law Reform squad cars and motor cycle resources available to (Mr. McDowell): The visa applications referred five Garda stations (details supplied); and how to by the Deputy were refused because the visa they have increased over the past five years. section of my Department could not ascertain the [1486/04] immigration status of the reference in Ireland. It Minister for Justice, Equality and Law Reform is open to the applicants to appeal against the (Mr. McDowell): I have been informed by the refusal of the visa applications by writing to the Garda authorities who are responsible for the visa appeals officer in my Department, enclosing detailed allocation of resources including additional supporting documentation. personnel that, the personnel strength of Coolock, Santry, Raheny, Clontarf and Whitehall Garda Transport. Garda stations as at 31 December each year for 877. Mr. R. Bruton asked the Minister for the past five years and currently is as set out in Justice, Equality and Law Reform the manpower, the following table.

Station 1999 2000 2001 2002 2003 21/1/04

Coolock 93 89 85 84 87 86 Santry 78 77 83 91 105 104 Raheny 61 63 61 64 60 59 Clontarf 56 56 60 64 62 62 Whitehall 38 43 40 40 40 40

Details of official vehicles attached to these included in this list as these vehicles are a stations, over the past five years, are as set out in national resource rather than a divisional the following table. Official vehicles attached to resource. the Garda water unit based at Santry are not

Station Year End Cars Vans Bikes 4x4 Total

Coolock 31/12/03 6 2 0 0 8 31/12/02 7 2 1 0 10 31/12/01 7 2 2 0 11 31/12/00 5 3 2 0 10 31/12/99 8 3 3 0 14 Santry 31/12/03 17 9 8 1 35 31/12/02 18 8 8 1 35 31/12/01 16 8 8 1 33 31/12/00 14 8 9 2 33 31/12/99 15 8 3 2 28 Raheny 31/12/03 5 1 0 0 6 31/12/02 5 1 0 0 6 31/12/01 4 1 0 0 5 31/12/00 4 1 0 0 5 31/12/99 5 1 1 0 7 Clontarf 31/12/03 6 1 0 0 7 31/12/02 5 2 0 0 7 31/12/01 6 2 0 0 8 31/12/00 5 2 0 0 7 31/12/99 5 2 1 0 8 Whitehall 31/12/03 4 0 0 0 4 31/12/02 3 0 0 0 3 31/12/01 3 0 0 0 3 31/12/00 3 0 0 0 3 31/12/99 3 0 1 0 4

I have been further informed by the Garda in Santry. These motorcycles patrol all districts in authorities that all official motorcycles for the this division. Dublin metropolitan region, northern division are now based at the divisional headquarters station Residency Permits. 878. Mr. M. Higgins asked the Minister for 705 Questions — 27 January 2004. Written Answers 706

Justice, Equality and Law Reform when a Minister for Justice, Equality and Law Reform decision will be made on an application for (Mr. McDowell): The visa application in this case residency status by a person (details supplied) in was refused due to insufficient supporting County Cork under section 3 of the Immigration documentation. In particular, there was no Act 1999; and the reason for the delay in this evidence that the child’s father had consented to decision. [1520/04] the child travelling to Ireland to reside with her mother. In addition, the child’s mother had not Minister for Justice, Equality and Law Reform indicated her status in the State. (Mr. McDowell): The person concerned applied An appeal against the refusal was received in for residency on 26 November 2002 on the basis November 2003. The visa appeals officer, having of parentage of an Irish born child. re-considered the application, upheld the original Following the decision of the Supreme Court decision. In this regard, it was noted that the in the cases of L & O, the separate procedure mother’s permission to reside was due to expire which then existed to enable persons to apply to in the coming weeks. It is, of course, open to the reside in the State on the sole basis of parentage applicant to make a fresh application with up to of an Irish born child ended on 19 February 2003. date supporting documentation and the matter The Government decided that the separate will be considered anew. procedure would not apply to cases which were outstanding on that date. There are a large Garda Deployment. number of such cases outstanding at present, 881. Mr. Wall asked the Minister for Justice, including the case to which the Deputy refers. Equality and Law Reform the number of gardaı´ Where such a person does not have an in Carbury, County Kildare; the proposals for a alternative legal basis for remaining in this new station in that area; and if he will make a jurisdiction the issue of permission to remain will statement on the matter. [1602/04] be considered — but only in the context of a Ministerial proposal to deport him or her. In that Minister for Justice, Equality and Law Reform context the person will be notified of the proposal (Mr. McDowell): I have been informed by the and given an opportunity to make Garda authorities who are responsible for the representations in relation to it. If, in the light of detailed allocation of resources, including those representations and the range of factors set personnel, that the personnel strength of Carbury out in section 3(6) of the Immigration Act 1999, Garda station, County Kildare as at 20 January 2004 was two (all ranks). a decision is made not to make a deportation In December 2002, I approved the proposed order the person will be given leave to remain on relocation of the Garda station at Carbury to a humanitarian basis. Because of the large Derrinturn, which is just two miles away. This number of such cases on hand I am unable to process is ongoing. Derrinturn is the main say at this stage when the case referred to by the residential area in the sub-district and in addition Deputy will be examined. has the main centre of activities such as schools and shops in the area. I have been advised that Visa Applications. local Garda management are satisfied that the 879. Mr. G. Mitchell asked the Minister for current personnel strength of Carbury Garda Justice, Equality and Law Reform if his attention station is adequate to meet the present policing has been drawn to the case of persons (details needs of the area. The situation will be kept supplied) in Dublin 8; and if it will be possible for under review and when additional personnel next the mother of the family to return home for a becomes available, the needs of the Carbury area week to Egypt. [1574/04] will be fully considered within the overall context of the needs of Garda stations throughout the Minister for Justice, Equality and Law Reform country. (Mr. McDowell): The person in question does not have current permission to reside in the State. Crime Levels. She may return to Egypt but having done so will 882. Mr. Crowe asked the Minister for Justice, be in the same position as any other Egyptian Equality and Law Reform if his attention has national who wishes to enter the State. She will been drawn to the growing problem of the have to apply for a visa. The fact that a person availability of hard drugs in the Dublin south- has made an application to reside in the State west area; and if the Garda authorities have plans does not confer on him or her a right to re enter to increase in numbers the drugs unit in the the State at any time until that application is area. [1633/04] determined. Minister for Justice, Equality and Law Reform 880. Mr. Wall asked the Minister for Justice, (Mr. McDowell): I am informed by the Garda Equality and Law Reform the position of an authorities that the DMR west division has four appeal made by a person (details supplied) dedicated drug units which are supplemented by against a decision to refuse their application for gardaı´ from the divisional crime task force, the a visa for their daughter to visit Ireland; and if he divisional traffic unit, detective units and regular will make a statement on the matter. [1601/04] units when carrying out operations in the division 707 Questions — 27 January 2004. Written Answers 708

[Mr. McDowell.] Minister for Justice, Equality and Law Reform as required. I am further informed that specific (Mr. McDowell): The person in question made a operations and plans are put in place by the visa application in December 2003. The Garda Sı´ocha´na to target any drug dealing. The application was refused because it had not been strength of the drug units is regularly reviewed established, on the basis of the documentation and adjusted as required. supplied to my Department, that the applicant would observe the conditions of the visa. In Inquiries into Garda Activities. particular it was considered that the applicant had not displayed sufficient evidence of his 883. Mr. Haughey asked the Minister for obligations to return home following his Justice, Equality and Law Reform the steps he proposed visit. It is open to the applicant to intends to take following revelations broadcast on appeal against the refusal of the visa by writing 8 January 2004, about the Garda Sı´ocha´na to the visa appeals officer in my Department. concerning allegations of assault and perjury; and if he will make a statement on the matter. Garda Recruitment. [1635/04] 886. Mr. Noonan asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform when persons who (Mr. McDowell): Any allegations of serious were called for written and oral examinations for wrongdoing by members of the Garda Sı´ocha´na, entry to the Garda Sı´ocha´na in July 2003 will hear such as those broadcast on the “Prime Time” further from the Civil Service Commission; and if programme, are of course of serious concern to he will make a statement on the matter. me. Some of these cases were previously reported [1675/04] and in the public domain, and either have been or may be dealt with in the courts or by the existing Minister for Justice, Equality and Law Reform complaints and disciplinary mechanisms, and I (Mr. McDowell): I have been informed by the will not comment on the specific details of each Garda authorities that recruitment to the Garda case. Sı´ocha´na is administered by the Civil Service Commission. The Civil Service Commission is I regard it as essential that there should be in currently interviewing candidates from the 2003 place a mechanism for dealing with such cases competition for Garda trainees. which commands public confidence. In this regard I will shortly be publishing a Garda Gender Equality. Sı´ocha´na Bill, the draft scheme of which was approved by Government and published in July 887. Ms Harkin asked the Minister for Justice, 2003, one of the principal aims of which will be Equality and Law Reform the precise definition the establishment of such a mechanism which will of scoping being used with regard to the address the acknowledged shortcomings of the Government commitment to a national strategy existing law and procedures in this area. for women and the scoping exercise currently being conducted. [1677/04] CCTV Systems 888. Ms Harkin asked the Minister for Justice, 884. Mr. McGuinness asked the Minister for Equality and Law Reform the analytic Justice, Equality and Law Reform the progress in framework of gender inequality being used with providing CCTV in Kilkenny City; if the details regard to the Government commitment to a of the contract have been agreed and if a national strategy for women and the scoping contractor has been selected; if he will expedite exercise currently being conducted. [1678/04] installation of the equipment; and if he will make 889. Ms Harkin asked the Minister for Justice, a statement on the matter. [1658/04] Equality and Law Reform the timescale for Minister for Justice, Equality and Law Reform progressing the strategy with regard to the (Mr. McDowell): Further to my reply to Government commitment to a national strategy Parliamentary Question No. 490 of 7 October for women and the scoping exercise currently 2003, I have been informed by the Garda being conducted. [1679/04] authorities that planning for the installation of 890. Ms Harkin asked the Minister for Justice, Kilkenny CCTV system is scheduled to Equality and Law Reform the rationale for commence later this year. No contract has been indicators and their coherence across agreed and no contractor has been selected. Departments with regard to the Government commitment to a national strategy for women Visa Applications. and the scoping exercise currently being 885. Mr. McGuinness asked the Minister for conducted. [1680/04] Justice, Equality and Law Reform if a holiday 891. Ms Harkin asked the Minister for Justice, visa will be issued to a person (details supplied); Equality and Law Reform the groups which are and if the application made at the Irish Embassy involved in advising the process of producing the in Ankara on 10 December, 2003, can be national strategy for women with regard to the expedited. [1667/04] Government commitment to a national strategy 709 Questions — 27 January 2004. Written Answers 710 for women and the scoping exercise currently the Course of the Consultation Process on the being conducted. [1681/04] National Plan for Women 2003: Towards a National Women’s Strategy, which will be a key Minister for Justice, Equality and Law Reform input into the development of the strategy. (Mr. McDowell): I propose to take Questions The scoping work for the development of the Nos. 887 to 891, inclusive, together. strategy is currently being finalised by my A key recommendation in the report to the Department and I hope to present proposals to United Nations on the national plan for women Government shortly. The scoping exercise is on the implementation of the Beijing platform for concerned with defining the process by which the action was the development of a national strategy is developed and in broad terms, the women’s strategy as the framework for Ireland’s framework of the strategy. Cross-cutting issues, gender equality agenda for the coming years. such as indicators, will be discussed and agreed, Under Sustaining Progress, the Government has as appropriate, during the development of the undertaken to develop a five-year national strategy. In preparation for the development of women’s strategy. the strategy, my Department has commissioned It is envisaged that the strategy will encompass a study on the currently available indicators in policies and programmes across a number of this area. Departments and will go beyond current Government commitments to develop new Car Theft. strategies for advancing women’s issues and 892. Mr. Broughan asked the Minister for concerns. The strategy will encompass a broad Justice, Equality and Law Reform the number of range of issues affecting women and will draw on vehicles, stolen or otherwise recovered, from the Beijing platform for action, and the joyriding crime in the operational areas of recommendations of the national plan for Coolock, Raheny and Santry Garda stations on women 2002. Dublin’s northside during the years 2000, 2001, My Department engaged in an intensive 2002 and 2003. [1682/04] consultation process in the preparation of the Minister for Justice, Equality and Law Reform national plan for women 2002. One of the results (Mr. McDowell): I have had inquires made with of this consultation process was the publication of the Garda authorities and the information sought the report, Aspirations of Women Collected in by the Deputy is outlined in the following table:

Number of Unauthorised Takings/Vehicles located in Santry, Raheny and Coolock Districts 2000-2003

Year District No. of Unauthorised taking of Vehicles located in the area Vehicles concerned

2000 Santry 199 84 Raheny 686 179 Coolock 405 164

Total 1290 427

2001 Santry 205 102 Raheny 600 338 Coolock 466 536

Total 1,271 976

2002 Santry 534 447 Raheny 469 309 Coolock 315 680

Total 1,318 1,436

2003 Santry 429 294 Raheny 517 226 Coolock 330 650

Total 1,276 1,170

Garda Stations. have within the structure of Garda administration in the area; and if he will make a statement on 893. Mr. Carey asked the Minister for Justice, the matter. [1686/04] Equality and Law Reform when it is expected that construction will start on the new Garda Minister for Justice, Equality and Law Reform station at Ballymun, Dublin 11; the status it will (Mr. McDowell): It is proposed to build a Garda divisional headquarters station in Ballymun. 711 Questions — 27 January 2004. Written Answers 712

[Mr. McDowell.] ensure that the most effective use is made of all Planning for the new station is well advanced remaining capital funding in accordance with the through consultation with the Garda authorities objectives of the programme. and the Office of Public Works. A suitable site All applications for capital grant assistance are has been secured and necessary legal formalities appraised in accordance with the programme in that regard are being finalised by the Office of criteria in order to ensure that those projects Public Works. It is expected that a brief of which best meet the aims and objectives of the requirements for the new station will be agreed programme receive the capital grant assistance and signed off in the near future. which will enable them to provide quality child While it is not possible to say at this point when care in areas where there are service deficits. the project will commence, I can assure the Deputy that the matter will be progressed as Court Proceedings. quickly as overall priorities within the Garda building programme and the availability of 895. Mr. Crowe asked the Minister for Justice, financial and other resources allow. Equality and Law Reform if he has received correspondence from the family of a person Child Care Facility. (details supplied) killed on 13 April 2002 894. Mr. G. Mitchell asked the Minister for following a fight in the car park of Naomh Justice, Equality and Law Reform if his Mearnog’s GAA Club, Portmarnock in relation Department will assist the application for a child to the dissatisfaction of the family with the legal care facility at Pearse Park, Crumlin (details proceedings; and the measures he proposes to supplied); and if he will make a statement on the take to address their concerns. [1713/04] matter. [1701/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I can confirm that (Mr. McDowell): I understand that this group correspondence has been received from the recently withdrew their original application under mother of the deceased person to whom the the capital measure of the equal opportunities Deputy referred and that a reply has issued child care programme 2000 — 2006 as they are directly to her. The substantive issue raised in the drawing up plans for a development on a new correspondence relates to court proceedings site. arising from the tragic death of the person The day-to-day administration of the named. As the Deputy will be aware, the position programme is carried out by Area Development is that the courts are, subject only to the Management Limited on my behalf and I understand that the group has been in contact Constitution and the law, independent in the with ADM in relation to its planned application exercise of their judicial functions and it is not for funding. open to me to comment on or intervene in any The group may also contact Dublin city child way in the conduct or decision in any individual care committee for advice and information on the court case. development of their project. As the Deputy may be aware, city and county child care committees Citizenship Applications. were established to develop and deliver a child 896. Mr. Hogan asked the Minister for Justice, care strategy to meet the child care needs of their Equality and Law Reform when a reply will be respective areas. issued to an applicant (details supplied) for All applications for grant assistance undergo a naturalisation; and if he will make a statement on thorough assessment and appraisal process by Area Development Management Limited. On the matter. [1718/04] completion of the assessment process, Minister for Justice, Equality and Law Reform applications are considered by the programme (Mr. McDowell): An application for appraisal committee, chaired by my Department, naturalisation from the person referred to by the for a recommendation before I make a final Deputy was received in the citizenship section of decision. my Department on 11 July 2003. An initial There has been considerable demand from examination disclosed that the application was community based groups for capital grant not fully completed and consequently it was assistance under the programme and every returned to the applicant. A correctly completed county has benefited from significant grant application was received on 23 September 2003. commitments to provide new and enhanced community based child care facilities. The average processing time for applications My Department is currently carrying out an for naturalisation is approximately 15 to 18 extensive review of the programme’s capital months at this point in time. Consequently, it is commitments to date to ensure that those grant likely that the application of the person commitments previously entered into will in fact concerned will be finalised in the early part of be realised by the groups on the ground. At the 2005. As soon as I have reached a decision on the same time, it is also reviewing the different matter I will inform both the applicant and the budget lines under the capital programme to Deputy of the outcome. 713 Questions — 27 January 2004. Written Answers 714

Visa Applications. custody at Tallaght Garda station on 17 June, 897. Mr. Deenihan asked the Minister for 2003, and that following the person’s death a Justice, Equality and Law Reform if a visa will be senior Garda officer from a different Garda granted to a person (details supplied) in London division was appointed to investigate the death. to visit his pregnant wife; and if he will make a The investigation team recently made further statement on the matter. [1774/04] contact with the deceased’s widow and brother and apprised them of the status of the Minister for Justice, Equality and Law Reform investigation. I am also informed that the (Mr. McDowell): The visa application in question deceased’s brother undertook to inform other was refused because the applicant provided family members of the status of the investigation. insufficient information and supporting I am further informed that the investigation documentation with the application. In particular, team are currently awaiting a post -mortem he failed to disclose the details of the purpose or examination report from the State pathologist in duration of his intended visit or show any respect of her examination. It is understood that evidence of how he intended to maintain himself the State pathologist is currently awaiting a during his proposed visit. It is open to the toxicology report from the State laboratory. applicant to appeal against the refusal of the visa application by writing to the visa appeals officer Garda Transport. in my Department, together with additional 899. Ms Shortall asked the Minister for Justice, supporting documentation. Equality and Law Reform the number of squad cars dedicated to the Dublin Metropolitan Garda Investigations. Region and the number in actual use; if he will 898. Mr. Crowe asked the Minister for Justice, provide a breakdown of the number of squad cars Equality and Law Reform if his attention has dedicated to each individual station in the west been drawn to the case of a person (details and northern divisions of the DMR; the number supplied) in Dublin 24 who died in Garda custody of these in actual use in each case; the amount of on the 17 June 2003; if his attention has further funding he has made available this year for the been drawn to an investigation carried out into purchase of new squad cars for the DMR area; their death; if his attention has further been the number of squad cars that will be purchased drawn to any contact between the Garda and the for the DMR this year; the number that he deceased’s family since this incident; if it is estimates will be decommissioned this year and normal procedure for the Garda to keep families his estimate for the net rise or fall in the number up to date on the process of investigations like of squad cars dedicated to the DMR by the end this; if his attention has further been drawn to any of this year; and if he will make a statement on toxicology examination carried out on this the matter. [1865/04] person; and when the results are expected to be Minister for Justice, Equality and Law Reform released; and if he will make a statement on the (Mr. McDowell): I have been informed by the matter. [1799/04] Garda authorities who are responsible for the Minister for Justice, Equality and Law Reform detailed allocation of resources, including (Mr. McDowell): I am informed by the Garda personnel, that the total transport resources, authorities that the person referred to in the including traffic in the Dublin metropolitan Deputy’s question was found dead in Garda region (DMR) is as set out hereunder:

4x4’s Bikes Cars Mini Buses Trucks Vans Total

Total 20 109 278 10 4 81 502

It is not possible to give an accurate breakdown qualified drivers available. In some instances, of the number of squad cars in “actual use” suitable vehicles may not be available or the within the DMR in each case. Theoretically, all particular station may be awaiting delivery of a of these vehicles are available for use at all times. replacement vehicle. However, for a variety of reasons, all of the vehicles may not always be available all of the A breakdown of vehicles dedicated to each time. Vehicles may be in workshops having individual station in the Northern and western repairs carried out, or there may be no suitably divisions of the DMR is as set out hereunder. 715 Questions — 27 January 2004. Written Answers 716

District Station 4x4’s Bikes Cars Mini Buses Vans Total

Coolock 0 0 6 0 2 8 Malahide 0 0 4 0 0 4 Swords 0 0 5 0 2 7

DMR N-Coolock Total 0 0 15 0 4 19

Clontarf 0 0 6 0 1 7 Howth 0 1 3 0 0 4 Raheny 0 0 5 0 1 6

DMR N-Raheny Total 0 1 14 0 2 17

Airport 1 0 2 0 0 3 Ballymun 0 0 4 0 0 4 Santry 1 8 16 1 9 35 Whitehall 0 0 4 0 0 4

DMR N-Santry Total 2 8 26 1 9 46

Ballyfermot 0 0 7 0 2 9 Clondalkin 0 0 7 0 1 8 Rathcoole 0 0 2 0 0 2

DMR W- Ballyfermot Total 0 0 16 0 3 19

Blanchardstown 2 8 18 1 6 35 Cabra 0 0 3 0 1 4 Finglas 1 0 4 0 2 7

DMR W- Blanchardstown Total 3 8 25 1 9 46

Leixlip 0 0 3 0 0 3 Lucan 0 0 4 0 1 5 Ronanstown 0 0 6 0 2 8

DMR W-Lucan Total 0 0 13 0 3 16

Funding is not provided specifically on a the number willing to take part in the divisional or district basis but rather for the entire Government decentralisation plans; if he will fleet, and is provided to ensure a replacement detail the results of any such survey and the policy in line with the stated objectives of the number of staff who wish to decentralise; and if Garda Sı´ocha´na, having regard to mileage he will make a statement on the matter. limitations, age and the vehicles effectiveness. [2243/04] Minister for Justice, Equality and Law Reform It is estimated that approximately 120 — 140 (Mr. McDowell): I propose to take Questions vehicles will be replaced in the DMR during 2004. Nos. 900 and 914 together. It can reasonably be assumed that at least this The areas under my Department’s aegis that number will be decommissioned this year. were selected in the Government’s decentralisation programme announced on 3 Decentralisation Programme. December 2003 are as follows: Data Protection 900. Mr. R. Bruton asked the Minister for Commissioner’s Office; the Equality Authority; Justice, Equality and Law Reform if assessments Office of the Director of Equality Investigations are under way in his Department on the activities (The Equality Tribunal); staff from the Garda proposed for decentralisation; the impact on the Headquarters area; Garda Sı´ocha´na Complaints operations of the Department; the risks to the Board; Land Registry; the Irish Prison Service; organisation attendant on this move; the Probation and Welfare Service; and Department measures that will be put in place to minimise of Justice, Equality and Law Reform staff. disruption; and if these reports will be presented While large scale decentralisation of this nature to him at an early date for consideration. undoubtedly presents challenges, I am confident [1982/04] that it will not impact adversely on service delivery or efficiency in the offices being 914. Mr. Kenny asked the Minister for Justice, decentralised. A high-level implementation group Equality and Law Reform if a survey of staff in has been established in my Department, with his Department has been conducted to ascertain representatives from the areas concerned, to deal 717 Questions — 27 January 2004. Written Answers 718 with all issues arising from the decentralisation CCTV Systems. proposals approved by Government. The group 904. Mr. Curran asked the Minister for Justice, will have regard to any decision of the central Equality and Law Reform the position in relation implementation committee that has been to the CCTV system to be installed in Clondalkin; established by the Department of Finance. The the number and locations of the cameras; and Department has no plans to conduct a survey of when he expects the system to be operational. staff. [2047/04] Residency Permits. Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the 901. Mr. Durkan asked the Minister for Justice, Garda authorities that the pre-tender process for Equality and Law Reform when residency status the CCTV system in Clondalkin is at an advanced will be awarded in the case of a person (details stage. Request for tender and detailed technical supplied) in County Kildare; and if he will make specification documents are currently being a statement on the matter. [1988/04] drafted by the telecommunications section at Garda headquarters, having regard to experience Minister for Justice, Equality and Law Reform gained during the installation of other Garda (Mr. McDowell): The person concerned is the 17 CCTV systems and technological developments year old daughter of a non-national who has in this field. residency based on his parentage of an Irish born It is intended that this system will go out to child. It appears she arrived in the State on 31 tender during the first quarter of 2004. December 2002, having left her country of origin Installation of CCTV systems is of necessity a where she was residing with her mother and detailed, complex and lengthy process and brothers. An application for permission to remain consequently there are a number of stages in the in the State was made on her behalf on 6 planning of new Garda CCTV systems. It can be February 2003. The processing of applications for expected that the installation of cameras will residency based on an Irish born child was commence following the tender process, suspended pending a determination by evaluation and award of contracts, wayleave and Government on the general policy to be adopted planning processes, which in total will amount to in light of the Supreme Court decision of 23rd not less than five months. The general timetable January 2003. Consideration of such applications associated with the installation of a Garda CCTV recommenced on 18th July 2003 following the system is set out below: EU tender process: 52 announcement of that policy. The application in days minimum; evaluation and award of contract: question is now being processed and further 30 days minimum; planning process: 42 days documentation is being requested. minimum; administration: 30 days minimum. The scheme will consist of 11 CCTV cameras to Registration of Title. be sited at the following locations in Clondalkin; junction of Tower Road/Convent Road/Main St.; 902. Mr. Ring asked the Minister for Justice, Tower Road; Junction of Tower Road/Ninth Equality and Law Reform when a dealing will be Lock Road/Nangor Road; Junction of Watery completed for a person (details supplied) in Lane/Orchard Road; Monastery Road at County Mayo; and if the matter can be Shopping Centre; Junction of Main Street/New expedited. [2023/04] Road; Monastery Road/Public Library; Junction Minister for Justice, Equality and Law Reform of Newlands Road/New Road at Newlands Retail (Mr. McDowell): I am informed by the Registrar Centre; Green Park; Junction of Newlands of Titles that this is an application for a copy folio Road/Naas Road/Belgard Road; Junction of file plan which was lodged on 2 December 2003. Ninth Lock Road/Nangor Road. Application Number C2003SM005497H refers. I am further informed that this application was Residency Permits. completed on 23 January 2004 and was issued on 905. Mr. Ring asked the Minister for Justice, the same date. Equality and Law Reform when an application for residency based on the parentage of an Irish Parole Board. born child will be dealt with for a person (details supplied) in County Mayo. [2048/04] 903. Mr. Andrews asked the Minister for Justice, Equality and Law Reform his views on Minister for Justice, Equality and Law Reform retaining the right to set aside or ignore parole (Mr. McDowell): The person concerned applied board decisions in view of the European for refugee status on 2 October 2000. He was Convention on Human Rights and recent case refused asylum on 20 March 2002. He applied for law in the UK. [2046/04] residency on 9 August 2002 the basis of parentage of an Irish child born in January 2002. Minister for Justice, Equality and Law Reform Following the decision of the Supreme Court (Mr. McDowell): I refer the Deputy to my reply in the cases of L&O, the separate procedure to Parliamentary Question No. 506 of 16 which then existed to enable persons to apply to December 2003. reside in the State on the sole basis of parentage 719 Questions — 27 January 2004. Written Answers 720

[Mr. McDowell.] Investigation under the Equality Acts, and in of an Irish born child ended on 19 February 2003. particular how the particular time period The Government decided that the separate operates; and if he will make a statement on the procedure would not apply to cases which were matter. [2101/04] outstanding on that date. There are a large number of such cases outstanding at present, Minister for Justice, Equality and Law Reform including the case to which the Deputy refers. (Mr. McDowell): In employment equality cases, Since the person in question does not have an other than those involving dismissal, a alternative legal basis for remaining in this complainant must refer a complaint to the Office jurisdiction the issue of permission to remain will of the Director of Equality Investigations (ODEI be considered — but only in the context of a — the equality tribunal) within six months of the ministerial proposal to deport him. In that alleged incident or within six months of the most context, he will be notified of the proposal and recent of a series of such incidents. An extension given an opportunity to make representations in of this period to twelve months may be granted relation to it. If, in the light of those where exceptional circumstances prevented representations and the range of factors set out referral within the normal period. in section 3(6) of the Immigration Act 1999, a In equal status cases, the complainant must decision is made not to make a deportation order notify the respondent (discriminating party) of he will be given leave to remain on a his or her intention to refer a complaint to the humanitarian basis. Because of the large number ODEI, within two months of the alleged act of of such cases on hand I am unable to say at this discrimination for the complaint to be valid. If the stage when the file will be examined. complainant can show that there was an exceptional reason for failing to notify the Departmental Correspondence. respondent on time, the timeframe may be extended to four months. The claim for redress 906. Mr. Ferris asked the Minister for Justice, must then be lodged with the ODEI within a Equality and Law Reform if he will respond to period of six months of the occurrence of the documentation sent to him by a person (details prohibited conduct, however, this period may be supplied) in County Mayo. [2061/04] extended to twelve months in exceptional Minister for Justice, Equality and Law Reform circumstances. (Mr. McDowell): I am aware of the documentation referred to by the Deputy, which Garda Operations. was acknowledged by my office. A further letter will be sent to the person concerned when the 909. Mr. Kenny asked the Minister for Justice, matters raised in the documentation have been Equality and Law Reform the amount of fully considered. expenditure involved in dealing with security operations and the Provisional IRA over the past Legislative Proposals. 20 years; and if he will make a statement on the matter. [2172/04] 907. Mr. Allen asked the Minister for Justice, Equality and Law Reform if he will accept the Minister for Justice, Equality and Law Reform terms of the title by adverse position Bill 2003 (Mr. McDowell): I am advised by the Garda drafted by the Law Reform Commission in authorities that it is not possible in the time March 2003; if he has submitted it to the allowed to compile the requested information. I Government for consideration; and when it will will be in contact with the Deputy shortly on the be published for consideration by Da´il matter. E´ ireann [2092/04] Garda Stations. Minister for Justice, Equality and Law Reform (Mr. McDowell): The proposals for legislation in 910. Mr. Stagg asked the Minister for Justice, my Department are as set out in the Government Equality and Law Reform if the accommodation legislation programme announced by the requirements for the proposed new Garda station Government Chief Whip on 25 January 2004. at Leixlip, County Kildare have been finalised; if While the programme does not currently contain not the reason for the delay and if the Office of proposals to reform the law relating to adverse Public Works has been requested to prepare a possession, reform of this area of law will be revised sketch scheme; and if he will make a considered by my Department in the context of statement on the matter. [2173/04] proposals in due course to codify our land law Minister for Justice, Equality and Law Reform and conveyancing laws. (Mr. McDowell): As I have stated previously, the Garda authorities are considering their Garda Operations. accommodation requirements for Leixlip. When 908. Mr. Penrose asked the Minister for Justice, they have notified my Department of their Equality and Law Reform the precise time period requirements, the Office of Public Works will be available to persons who wish to make a asked to prepare a revised sketch scheme for complaint to the Director of Equality further consideration. 721 Questions — 27 January 2004. Written Answers 722

911. Mr. Stagg asked the Minister for Justice, Celbridge are adequate to meet the present Equality and Law Reform if his attention has policing needs of the area. There are currently no been drawn to the fact that the towns of plans to establish a district headquarters for the Maynooth, Leixlip and Celbridge in County area of Maynooth, Leixlip and Celbridge. Kildare with a combined population of 40,324 people per the 2002 census, have no 24 hour Civilian Support Staff. Garda station or district headquarters; if he 912. Mr. Stagg asked the Minister for Justice, considers this satisfactory from a policing point of Equality and Law Reform the number of civil view; if he has received a request for the servants by division and station at 31/12/03, provision of a 24 hours station in the area from serving as civilians in Garda stations; if he expects the Garda authorities; and if he will make a to increase this number in 2004; and if he will statement on the matter. [2174/04] make a statement on the matter. [2175/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): The information requested in (Mr. McDowell): I have been informed by the respect of civil servants by division and station Garda authorities who are responsible for the serving as civilians in Garda stations as at 31 detailed allocation of resources, including December 2003 is set out in the following table. personnel, that Maynooth and Celbridge Garda In October, 2001 the Government approved stations form part of Naas district in the division the report on civilianisation in the Garda of Carlow/Kildare. Naas Garda station is open to Sı´ocha´na which recommended a programme of the public on a 24-hour basis. The Maynooth and civilianisation to allow for the release of Garda Celbridge area is patrolled on a 24-hour basis by members to operational policing. In this context, a patrol car. This is increased to two patrol cars my Department is currently reviewing these at weekends. Leixlip Garda station forms part of figures in conjunction with the Department of Lucan district in the Dublin metropolitan region, Finance and Garda management. The western division. Lucan Garda station is open to civilianisation report also provides for the the public on a 24-hour basis. The Leixlip area is transfer of finance functions from the Garda patrolled by a patrol car on a 24-hour basis. district clerks to civilians, and the subsequent I have been further advised that local Garda upgrading of the new civilian role to staff officer. management are satisfied that the arrangements A competition is currently under way to fill currently in place at Maynooth, Leixlip and these posts.

Division Garda Station Number serving at 31/12/03

DMR South Central Kevin Street 9.2 Kilmainham 2 Pearse Street 9.6 Harcourt Terrace 2 Donnybrook 6 Irishtown 1 DMR North Central Store Street 10.5 Parking Fines Office 29.2 Fitzgibbon Street 7 Mountjoy 2 Bridewell 11.8 DMR Eastern Dun Laoghaire 8 Cabinteely 1.5 Bray 5 Shankill 3 Blackrock 4.9 Dundrum 1.8 Stepaside 0.5 DMR Western Blanchardstown 9.2 Cabra 1.5 Finglas 2 Ballyfermot 10 Rathcoole 0.5 Clondalkin 3 Lucan 6.8 Ronanstown 2 DMR Northern Santry 8.5 Whitehall 1 723 Questions — 27 January 2004. Written Answers 724

Division Garda Station Number serving at 31/12/03

Ballymun 1 Coolock 8 Malahide 1 Swords 1.5 Raheny 5.8 Howth 1 Clontarf 1.5 DMR Southern Crumlin 9.5 Sundrive Road 2 Tallaght 8 Rathfarnham 2 Terenure 5.5 Rathmines 1.6 Longford/Westmeath Mullingar 8 Athlone 4 Granard 2 Longford 2.5 Lanesboro 1 DMR Traffic Division Dublin Castle 11.6 Clare Ennis 10 Shannon 1 Ennistymon 2 Killaloe 2 Scariff 1 Kilrush 3 Donegal Letterkenny 8 Buncrana 1 Ballyshannon 1 Milford 1 Glenties 1 Galway West Galway (Millstreet) 13.8 Salthill 2 Clifden 1 Gort 2 Loughrea 2 Portumna 1 Roscommon/Galway East Roscommon 3.5 Ballinasloe 2 Mountbellew 1 Boyle 2 Castlerea 3 Tuam 2 Kerry Tralee 8.8 Dingle 1 Caherciveen 2 Killarney 4.5 Listowel 3 Laois/Offaly Portlaoise 3 Abbeyleix 2 Birr 3 Banagher 1 Tullamore 3 Louth/Meath Dundalk 4 Drogheda 9.5 Navan 4 Trim 2.8 Kells 3 Balbriggan 3 725 Questions — 27 January 2004. Written Answers 726

Division Garda Station Number serving at 31/12/03

Ashbourne 2 Skerries 1 Dunboyne 0.5 Mayo Castlebar 7.6 Ballina 3 Belmullet 2 Claremorris 2 Ballyhaunis 1 Ballinrobe 1 Swinford 2 Westport 4 Sligo/Leitrim Sligo 8 Ballymote 1 Carrick-on-Shannon 2 Manorhamilton 2 Tipperary Thurles 7.3 Cahir 2 Clonmel 4 Carrick-on-Suir 0.5 Nenagh 2 Borrisokane 1 Templemore 1 Roscrea 1 Tipperary 2 Wexford Wexford 5 Enniscorthy 2 Blackwater 1 Gorey 5 Arklow 1 New Ross 2 Wicklow 3.6 Cavan/Monaghan Monaghan 6 Clones 1 Bailieboro 3 Ballyconnell 2 Carrickmacross 3 Castleblaney 1 Cavan 3 Carlow/Kildare Naas 8.1 Rathcoole 0.5 Maynooth 1 Kildare 3 Newbridge 1 Carlow 3 Athy 1 Baltinglass 2 Blessington 1 Tullow 1 Waterford/Kilkenny Waterford 8.5 Dungarvan 2.8 Tramore 2 Kilkenny 7 Thomastown 2 Graiguenamanagh 1 Cork West Bandon 4 Bantry 2 Clonakilty 2 Kanturk 2 727 Questions — 27 January 2004. Written Answers 728

Division Garda Station Number serving at 31/12/03

Millstreet 1 Macroom 1 Kinsale 0.5 Cork North Cobh 2 Glanmire 1 Fermoy 4.6 Mitchelstown 1 Midleton 2 Youghal 1 Mallow 3 Charleville 1 Cork City Anglesea Street 19.8 Barrack Street 2 Bridewell 1 Blackrock 1 Gurranabraher 3.5 Blarney 1 Ballincollig 1 Mayfield 4 MacCurtain Street 1 Watercourse Road 2 Mallow Road 1 Togher 6 Douglas 1 Bishopstown 1 Carrigaline 1 Limerick Henry Street 22.5 Mayorstone 2 Roxboro Road 7.5 Askeaton 2 Rathkeale 1 Newcastlewest 2.3 Abbeyfeale 1 Bruff 2

Alcohol — Related Offences. Celbridge and Leixlip, County Kildare, in 2001, 2002 and 2003. [2176/04] 913. Mr. Stagg asked the Minister for Justice, Equality and Law Reform the number of on-the- Minister for Justice, Equality and Law Reform spot fines issued by the Garda Sı´ocha´na for (Mr. McDowell): I have had inquiries made with breaches of the control of consumption and the Garda authorities and the information sought possession of alcohol by-laws in Maynooth, by the Deputy is outlined in the following table:

On-the-spot fines issued for breaches of the Control of Consumption and Possession of Alcohol By-Laws

Area 2001 2002 2003

Maynooth Nil* 9 26 Celbridge 54 112 92 Leixlip 96 301 232 *By-laws not in force in Maynooth in 2001 729 Questions — 27 January 2004. Written Answers 730

Question No. 914 answered Question No. 900. which Irish Sea ferries disembark passengers and each sailing is subject to immigration control.

Immigration Controls. Drug Seizures. 916. Mr. Timmins asked the Minister for 915. Mr. Naughten asked the Minister for Justice, Equality and Law Reform the quantity Justice, Equality and Law Reform the reason and street value of illegal drugs seized in Bray, there is no passport control at our ferry ports; his Wicklow Town and Arklow for the years 2002 plans to introduce such a measure; and if he will and 2003; and if he will make a statement on the make a statement on the matter. [2278/04] matter. [2282/04] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda (Mr. McDowell) As I stated in my reply to authorities that the following is a breakdown of Parliamentary Question No. 272 of 17 December the number of drug seizures and their value in 2003 there are immigration controls, which Bray, Wicklow Town and Arklow for 2002 and involves passport control, at each seaport at 2003:

Bray

2002 2003

Drug Quantity Value \ Quantity Value \

Heroin 17 g 3,237 25 g 4,761 Cannabis 242 g 3,073 4.156 kg 52,781 Ecstasy 141 g 2,149 52 g 792 Cocaine 80 g 8,126 114 g 14,627 Amphetamine 1 g 13 2.36 g 30

Total 16,598 72,991

WicklowTown

2002 2003

Drug Quantity Value \ Quantity Value \

Cannabis H — — 4 g 10 Cannabis R 37 g 470 50 g 635 Ecstasy 2 tablets 30 — — Methadone 2.5 mg 5 — — Amphetamine 0.66 g 8 — —

Total 513 645

Arklow

2002 2003

Drug Quantity Value \ Quantity Value \

Heroin 70 g 13,332 22 g 4,190 Cannabis R 1.777 kg 22,562 6.38 kg 81,026 Cannabis H 30 g 76 2.5 g 6 Ecstasy 20 tablets 305 39 tablets 594 Cocaine 1 g 102 — — Amphetamines 1 g 12 0.3 g 4 Methadone 150 mg 300 20 mg 40 Valium 850 tablets 850 — — Rohypnol 20 tablets 254 — — Physeptone — — 50 mg 100

Total 37,793 85,960 731 Questions — 27 January 2004. Written Answers 732

Residency Permits. space cap on retail warehouses contained in the guidelines. The guidelines currently prescribe a 917. Ms Shortall asked the Minister for Justice, maximum floor area of 6,000 square metres gross Equality and Law Reform if he will examine a retail floor space for large-scale single retail case (details supplied) with a view to reviewing warehouse development. This cap is now being procedures for the residency rules for persons reviewed, taking account of the need to ensure holding work permits; if a standard minimum effective competition in this sector of retailing period can be introduced between the loss of a and ongoing developments in retail formats, sponsor and the expiry of residency rights; if he while also having regard to issues of proper will consider altering the present regime to reflect planning and sustainable development. Central to family circumstances as in this case; and if he will this review will be the potential impact of the make a statement on the matter. [2286/04] national spatial strategy on the guidelines and the Minister for Justice, Equality and Law Reform need to ensure that cities and towns have the (Mr. McDowell): It has never been the case that range of retail facilities that supports their the renewal of permission to remain in respect attractiveness and competitiveness for investment of a person who entered the State on foot of an and population growth. employment permit was solely contingent on the To assist in carrying out the review, I invited continuance of that employment. Each case has interested parties to make submissions to my always been considered on its individual merits Department. Some 71 submissions were received having regard to the great variety of by my Department and are now being assessed. circumstances that arise. They will be fully taken into account in considering further whether any changes are Constituency Commission. needed in the guidelines. I intend that the process will be completed as quickly as possible. 918. Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government Decentralisation Programme. the person responsible for appointing the Constituency Commission on Da´il constituencies 920. Ms O. Mitchell asked the Minister for the and giving it its terms of reference. [1442/04] Environment, Heritage and Local Government if a survey of staff to determine interest in Minister for the Environment, Heritage and participating in the decentralisation programme Local Government (Mr. Cullen): The has been undertaken in his Department; when it membership and terms of reference of the will be completed; and if the results will be Constituency Commission are prescribed in published or otherwise made available to sections 6 and 7 of the Electoral Act 1997. Section Deputies. [2336/04] 6 also provides that the commission and its members shall be independent in the 996. Mr. R. Bruton asked the Minister for the performance of their functions. Environment, Heritage and Local Government if Upon publication by the CSO of the Census of assessments are under way in his Department on Population Report, the Minister for the the activities proposed for decentralisation; the Environment, Heritage and Local Government is impact on the operations of the Department; the obliged to make an order establishing a risks to the organisation attendant on this move; Constituency Commission to perform the the measures that will be put in place to minimise functions assigned to it by the 1997 Act. Upon disruption; and if these reports will be presented the presentation by the Constituency Commission to him at an early date for consideration. of the reports required of it, the commission then [1983/04] stands dissolved. 1003. Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if Planning Issues. a survey of staff in his Department has been 919. Mr. Naughten asked the Minister for the conducted to ascertain the number willing to take Environment, Heritage and Local Government part in the Government decentralisation plans; if his plans to amend the retail warehouse cap or he will detail the results of any such survey and the general retail planning guidelines; and if he the number of staff who wish to decentralise; and will make a statement on the matter. [2353/04] if he will make a statement on the matter. [2244/04] 999. Mr. Andrews asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the decision made with regard to retail planning Local Government (Mr. Cullen): I propose to guidelines and any changes which may be take Questions Nos. 920, 996 and 1003 together. forthcoming. [2074/04] My Department is co-operating actively with the implementation committee and the Minister for the Environment, Heritage and Department of Finance in relation to the Local Government (Mr. Cullen): I propose to decentralisation programme announced in budget take Questions Nos. 919 and 999 together. 2004. This envisages the decentralisation of all In August 2003 I announced a review of the Dublin based functions of my Department, with retail planning guidelines in relation to the floor the exception of Met E´ ireann and some local 733 Questions — 27 January 2004. Written Answers 734 based services, to Wexford, which will serve as terms with his Department and the local headquarters, Waterford, New Ross and authorities regarding securing a first charge on Kilkenny. Some 660 Dublin based staff are the affordable home; and the measures he intends currently involved in discharging these functions. taking to remedy this situation. [1081/04] My Department considers that a survey of its staff, and that of other Departments, to 923. Mr. Cuffe asked the Minister for the determine interest in transferring to these south Environment, Heritage and Local Government eastern locations will most valuably be his plans to make private lending more attractive undertaken when greater clarification on detailed in the affordable housing sector rather than to arrangements is available following, inter alia, the impose barriers on lenders which ultimately report of the Implementation Committee. defeat the good intentions suggested by Part V My Department has set up an internal of the Planning and Development Act 2000, as implementation team for decentralisation which amended in 2002; his views on the fact that low will report regularly to me and my Department’s output would appear to contradict the spirit of management advisory committee. I intend that the new legislation and increase reliance on the there will be full and timely communication with State sector to provide home loans; and if he will staff of the Department on the progress of the make a statement on the matter. [1082/04] decentralisation programme, through the Minister of State at the Department of the Department’s partnership committee and Environment, Heritage and Local Government otherwise. My Department is also committed to (Mr. N. Ahern): I propose to take Questions Nos. developing innovative approaches to information 922 and 923 together. management, communications and logistics so as Part V of the Planning and Development Act to maintain and improve the quality of service to 2000, as amended, is currently being implemented be delivered under decentralised arrangements by all planning authorities and I understand that and to minimise disruption. many authorities are actively engaged with developers in Part V pre-planning discussions- Environmental Policy. negotiations. There is a considerable lead-in time 921. Mr. Sargent asked the Minister for the to the completion of houses under Part V. The Environment, Heritage and Local Government latest figures available, published in my the progress on promoting phosphate-free Department’s Housing Statistics Bulletin — detergents; and if he will make a statement on the September Quarter 2003, a copy of which is matter. [1080/04] available in the Oireachtas Library, indicate that 82 houses have been acquired under Part V, a Minister for the Environment, Heritage and further 449 are in progress and 1,895 are Local Government (Mr. Cullen): The phasing-out proposed. This is a substantial increase in activity of phosphate-based detergents has been over 2002 and I expect this to continue with a progressed principally in the context of a further significant increase in output during the voluntary agreement made in 1999 between my current year. predecessor and the Irish Cosmetics and Mortgage finance for affordable housing Detergents Association, ICDA, which represents provided under the Act, may be advanced by some 90% of the domestic laundry detergents local authorities or the lending institutions. My market in Ireland, and by ongoing liaison Department is engaged in discussions with the between my Department and the non-ICDA representatives of the Irish Mortgage Council and sector. The agreement provided that, by end- the Irish Financial Services Regulatory Authority 2002, 95% of all domestic laundry detergents regarding the provision of finance by the lending marketed in Ireland should be zero-phosphate. institutions for affordable housing, for purpose of While final audited figures for 2002 are awaited Part V and other initiatives. Affordable housing from ICDA, it is understood that this target has provided under Part V or other initiatives been substantially achieved provisional figures provides a home at considerable discount on the show a market share of between 93% and 94% market price for the eligible purchaser. for phosphate free products. My Department will Therefore, to ensure that the schemes benefit, as continue to pursue the implementation of this intended, genuine first time buyers, each scheme target and the ultimate replacement of all embodies a mechanism to prevent inappropriate phosphate based detergents by environmentally profits arising for the sellers of an affordable friendly alternatives. home. While my Department is not seeking to have this reflected as a first charge on the Social and Affordable Housing. affordable house, we wish to see it having 922. Mr. Cuffe asked the Minister for the appropriate ranking to reflect the State’s interest. Environment, Heritage and Local Government if My Department attaches a high priority to his attention has been drawn to the fact that resolving the outstanding issues with the lending private lenders to the affordable housing sector institutions and is awaiting the response from the under Part V of the Planning and Development most recent consultations with the Irish Mortgage Act 2000, as amended in 2002, are restricted in Council before deciding on the appropriate next transacting business due to a failure to agree steps. 735 Questions — 27 January 2004. Written Answers 736

End-of-Life Vehicles. the directive, including how such arrangements will be funded. Such detailed mechanisms will be 924. Mr. J. Bruton asked the Minister for the provided for in regulations. Environment, Heritage and Local Government his plans in regard to the implementation of EU The EU Commission has recently — directive 2000/53/EC, to provide that end-of-life November 2003 — initiated formal legal vehicles will have to be drained of oils and other proceedings against Ireland and five other hazardous wastes such as batteries, brake fluid Member States in the European Court of Justice, and antifreeze when they are being recycled; and ECJ, in relation to the implementation of the if not the reason therefor. [1083/04] directive. In light of this action, it is my objective that the discussions with the stake-holder groups 959. Mr. P. McGrath asked the Minister for the will be concluded as soon as possible. When these Environment, Heritage and Local Government if discussions are concluded I will announce details he will confirm that Ireland is to be prosecuted of the arrangements for the implementation of by the EU for not implementing the European the directive. I am anxious to ensure that by the ELV directive; if he will give details of initiatives time the directive becomes fully operational in by the EU in this regard; and if he will make a 2007 Ireland has a system in place for the statement on the matter. [1503/04] recovery and recycling of ELVs capable of meeting the targets and standards set out in the Minister for the Environment, Heritage and Directive. Local Government (Mr. Cullen): I propose to take Questions Nos. 924 and 959 together. Services for People with Disabilities. My Department has been actively engaged with the Society for the Irish Motor Industry, 925. Mr. O’Connor asked the Minister for the SIMI, the Irish Motor Vehicle Recyclers Environment, Heritage and Local Government if Association, IMVRA, the Metal Recyclers assistance is available to South Dublin County Association of Ireland, MRAI, and other Council to provide wheelchair access to all stakeholders with a view to developing a polling stations in Dublin South-West; and if he producer responsibility initiative, PRI, to will seek details of what is required; and if he will implement the European Parliament and Council make a statement on the matter. [1156/04] Directive 2000/53/EC on end-of-life vehicles, Minister for the Environment, Heritage and ELVs. I have also had meetings with the three Local Government (Mr. Cullen): As the main stake-holder groups. European and local elections will be held on the Necessary enabling provisions to facilitate same day next June, the local European returning implementation of the Directive have been officer will be responsible for holding the polls incorporated in the Protection of the and the provision of polling stations. The Environment Act 2003. Part VA of the Waste Electoral (Amendment) Act 1996 provides that Management Act 1996, as inserted by section 44 local authorities in making polling schemes, as a of the Protection of the Environment Act 2003, reserved function, shall endeavour to appoint as explicitly provides for producer responsibility for polling places only areas which will allow a the free deposit of ELVs at authorised treatment returning officer to provide at each polling place facilities by their last owners; the appropriate at least one polling station is accessible to treatment and recovery of ELVs deposited at wheelchair users. authorised treatment facilities in line with the The local European returning officer is directive requirements, that is, depollution and required, as far as possible, to provide polling removal of specified components and substances stations which are accessible to wheelchair users; to facilitate increased reuse and recycling; the and where this is not possible, to give public mandatory deposit of ELVs by their registered notice of all polling stations in buildings which owners at authorised treatment facilities for are inaccessible to wheelchair users not later than appropriate treatment and recovery, and the issue eight days before polling day. If an elector has of certificates of destruction in respect of ELVs difficulty gaining access to the assigned polling deposited at authorised treatment facilities for station he or she may apply, in writing, for scrapping. authorisation to vote at another station in an Agreement in principle was reached in accessible building in the same constituency. A December 2001 that the relevant stakeholder person with a physical disability or illness which groups would establish a not for profit company prevents them from going to the polling station to operate an ELV recovery scheme to be may apply to vote by post. subsidised by a fund generated by a levy on imported new and used vehicles. Social and Affordable Housing. However, it has not been possible to reach agreement on the detailed mechanisms to apply 926. Mr. Allen asked the Minister for the the levy and introduce the scheme as originally Environment, Heritage and Local Government envisaged. My Department is continuing to the date on which Shanballymore Housing engage with the relevant stake-holder groups on Association was registered as a voluntary housing the detailed mechanisms for the operation of the association; and the date on which they applied free ELV take-back arrangements required by for recognition. [1157/04] 737 Questions — 27 January 2004. Written Answers 738

927. Mr. Allen asked the Minister for the Environment Ministers’ meetings on 2 March and Environment, Heritage and Local Government 28/29 June. the funding that has been made available to the The second is preparation of the environmental Shanballymore Housing Association through contribution to the annual review of the Lisbon either Cork City Council or Cork County Council Agenda by the European Council at its spring for the development of affordable or social meeting. Informed by a number of inputs from housing. [1158/04] the European Commission, such as the recently published annual environment policy review 2003 Minister of State at the Department of the and spring report, I will emphasise the need to Environment, Heritage and Local Government decouple economic growth and social progress (Mr. N. Ahern): I propose to take Questions Nos. from environmental degradation. In particular, I 926 and 927 together. will be promoting innovation and investment in The Shanbally Housing Association sought and clean technologies with a view to boosting obtained approved status under the Housing Acts competitiveness and growth, increasing from my Department on 18 September 2003. To employment and strengthening environmental date no funding has been sought from my protection. Finalisation of the environmental Department through either Cork City Council or contribution to the annual review of the Lisbon Cork County Council in relation to the Agenda will be a priority for the Environment development of affordable or social housing by Council meeting on 2 March. this association. The third is effective participation by the EU in wilder international fora. I intend to maintain Radon Gas Levels. the EU’s leadership in promoting sustainable 928. Mr. Sargent asked the Minister for the development at international level, including Environment, Heritage and Local Government if through pursuit of the Plan of Implementation he will evaluate the effect of the grant to carry arising from the World Summit on Sustainable out remedial works on buildings to prevent Development held in Johannesburg in 2002. My damage to health from radon gas; if he will main priority is to lead EU participation in a reinstate the grant in view of the estimated 200 number of significant international meetings in deaths per year due to the breathing in of this the first half of 2004, including the seventh gas; and if he will make a statement on the conference of the parties to the Convention on matter. [1205/04] Biological Diversity, incorporating the first meeting of the parties to the Cartagena Protocol Minister for the Environment, Heritage and on Biosafety, to be held in Malaysia in February Local Government (Mr. Cullen): As the and the 12th session of the UN Commission on proposed radon remediation grant scheme in Sustainable Development to be held in the respect of domestic dwellings was never United States in April 2004. introduced, the question of evaluating its effect, In addition to the above, my Department is or reinstating it, does not arise. Due to budgetary organising or involved in a number of constraints, my Department is not in a position conferences and seminars which will be held in to introduce such a grant scheme. In relation to Ireland during the Presidency. An informal remediation options, I refer to the reply to meeting of the Environment Council will be held Question No. 5 of 16 October 2003. in Waterford on 14 to 16 May 2004, and focus on Communications from the European Commission EU Presidency. on the sustainable use of natural resources, and 929. Mr. O’Connor asked the Minister for the the recovery and recycling of waste. The Environment, Heritage and Local Government to discussions will inform further consideration of report on his Department’s activities in respect of these issues by the Council at its June meeting. Ireland’s EU Presidency; if he will outline his plans for the next few months; and if he will make Hare Coursing. a statement on the matter. [1220/04] 930. Mr. Cuffe asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Cullen): As indicated in his attention has been drawn to the fact that the the reply to question number 22647/03 of 9 hares netted for use by the Cavan coursing club October 2003, my priorities for the Irish at their meets of 21 and 22 November 2003 were Presidency are focused around three key areas. also used by the Dungannon and Ballymena First, advancement of the EU’s internal Coursing Clubs on 23 November 2003 in Cavan; environment policy and legislation agenda. The and the action he intends to take arising from this Environment Council has a wide-ranging policy apparent breach of their licence. [1263/04] and legislative agenda and I am giving priority to Minister for the Environment, Heritage and key proposals on air quality, waste management, Local Government (Mr. Cullen): I understand climate change, chemicals and nature that the event in question, which had been conservation. Negotiations on a number of notified to my Department as taking place on 21, proposals is ongoing or planned with a view to 22 and 23 November, was organised and managed maximising progress at the Council of by the Cavan Coursing Club which is covered by 739 Questions — 27 January 2004. Written Answers 740

[Mr. Cullen.] Election Management System. the hare netting licence issued to the Irish 933. Mr. Sargent asked the Minister for the Coursing Club for the season 2003-2004. The Environment, Heritage and Local Government if subsidiary association of other interests with the a back-up system will be available at each polling Cavan Coursing Club in this event would not place, such as printed ballot papers, so that voters appear to be inconsistent with the licence will have an alternative method of casting their provisions. votes in the event that technical difficulties arise My Department’s priority, in the context of this and the electronic voting system is and other hare coursing activities, is to ensure unavailable. [1321/04] that the conservation requirements of the licence are appropriately observed. Minister for the Environment, Heritage and Local Government (Mr. Cullen): In the event of Public Services. a malfunction of a voting machine at a polling station, back-up arrangements will be in place for 931. Mr. G. Mitchell asked the Minister for the voters to vote on another voting machine in Environment, Heritage and Local Government if polling stations with more than one machine or his attention has been drawn to a UK report, for the provision of a replacement machine. Corporate Governance, Improvement and Trust It is not intended, other than for postal and in Local Public Services; if its findings are of special voters, to complement the electronic relevance to Ireland; and if he will make a voting system with a system based on printed statement on the matter. [1299/04] ballot papers. Minister for the Environment, Heritage and Local Government (Mr. Cullen): The report Electronic Voting. referred to in the question is currently being 934. Mr. Sargent asked the Minister for the examined in my Department and any good Environment, Heritage and Local Government practice which may be appropriate to local when his Department expects to receive a fully authorities here will be considered in the overall functioning version of the electronic voting and context of the ongoing local government counting software from the vendor; and when he modernisation programme. anticipates that the software will undergo an end to end test. [1322/04] Recycling Policy. 935. Mr. Sargent asked the Minister for the 932. Mr. McHugh asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if when his Department expects to receive the he will introduce regulations governing the source code for the electronic voting and labelling of bottles, containers etc. to ensure that counting software from the vendor. [1323/04] all labels are easily removable to facilitate the collection and recycling of the products; and if he 936. Mr. Sargent asked the Minister for the will make a statement on the matter. [1320/04] Environment, Heritage and Local Government the latest date for receipt of a properly Minister for the Environment, Heritage and functioning and properly tested system for Local Government (Mr. Cullen): Article 9 of electronic voting and counting, given that European Parliament and Council Directive development of the software is not yet complete; 94/62/EC on packaging and packaging waste and if he has a contingency plan for the conduct provides that packaging may not be placed on the of the elections in the event that the software market within the European Union unless it developers are unable to resolve the outstanding satisfies the provisions of the directive, that is, it problems in time for the system to be tested complies with the essential requirements on the thoroughly. [1324/04] composition and the reusable and recoverable nature of packaging as provided for in annex II 937. Mr. Sargent asked the Minister for the of the directive. In this regard, annex II of the Environment, Heritage and Local Government directive explicitly provides that packaging shall when the vendors of the electronic voting and be designed, produced and placed on the market counting software expect to be in a position to in such a way as to permit its reuse or recovery, supply a working version of the machine which is including recycling. The essential requirements capable of dealing with multiple elections. are transposed into national law under the [1325/04] combined provisions of article 24 of, and the Minister for the Environment, Heritage and Third Schedule to the Waste Management Local Government (Mr. Cullen): I propose to (Packaging) Regulations 2003. In effect, there is take Questions Nos. 934 to 937, inclusive, already a general obligation on producers to use together. easily removable labels on bottles, jars and other The voting machines are currently being containers to facilitate the recycling of the delivered to returning officers and I expect all relevant packaging materials after use. It is not voting machines to be received by the end of proposed to make further regulations in this March. Each of the machines is capable of regard. dealing with multiple elections. My Department 741 Questions — 27 January 2004. Written Answers 742 will be arranging final testing of the software this Candidates and their agents can, of course, week by third parties, who will have access to the monitor the various stages of the election. source code, as well as by the Department. The question of licensing or purchasing the source Housing Aid for the Elderly. code is under consideration. 939. Mr. Ring asked the Minister for the 938. Mr. Sargent asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the funding given to the Western Health Board the background checks which have been for the special housing aid for the elderly scheme conducted on the beneficial owners and staff of in 2003; the number of people who applied for the companies providing the electronic voting funding in that year; the number of applications equipment and counting software; and also if granted and the amount of funding which was there are procedures for any new staff or new paid out. [1352/04] owners of the companies to be checked. [1345/04] Minister of State at the Department of the Environment, Heritage and Local Government 940. Mr. Ring asked the Minister for the (Mr. N. Ahern): A total of \2,590,000 for the Environment, Heritage and Local Government operation of the scheme was allocated to the the name of the company that has received the Western Health Board for 2003. On the basis of contract for the electronic voting; the safety returns furnished by the board for the period 1 precautions which have been put in place; the January to 30 June 2003, the latest date for which person who is going to set up the programme for figures are available, a total of 970 applications the equipment and who will be witnessing the were on hand, 553 jobs were completed and actual programme; and the safety checks that are \1,363,711 was expended. put in place in relation to the electronic Information in relation to activity for the voting. [1353/04] remainder of 2003 is currently awaited from the 983. Mr. Neville asked the Minister for the Board and will be sent to the Deputy when it is Environment, Heritage and Local Government available. the details of the company contracted to introduce electronic voting; and the identity of Question No. 940 answered with Question the company which will operate the system at No. 938. local election time in June 2004. [1807/04] Electronic Voting. Minister for the Environment, Heritage and 941. Mr. Ring asked the Minister for the Local Government (Mr. Cullen): I propose to Environment, Heritage and Local Government take Questions Nos. 938, 940 and 983 together. the way in which people who have a postal or Following an open tender competition which special vote cast their vote on the introduction of fully complied with EU’s public procurement electronic voting for the local elections in June procedures, my Department in June 2001, 2004. [1354/04] appointed the consortium, Nedap BV, Bureau Groenendaal BV and Powervote, to provide the Minister for the Environment, Heritage and voting machines and supporting software for the Local Government (Mr. Cullen): There is no holding of elections in this country. The change in the method of voting for postal and consortium has extensive experience in providing special voters, who will continue to receive a equipment for elections in two other EU member paper ballot for each poll. The procedures for states and in the development and maintenance including such votes are set out in section 43 of of election software. The equipment and software the Electoral (Amendment) Act 2001. for the voting machines has been tested by two international institutes for compliance with Water and Sewerage Schemes. internationally accepted standards. 942. Mr. Ring asked the Minister for the As regards the conduct of elections in this Environment, Heritage and Local Government country, returning officers appointed under the the position regarding a sewerage scheme in various electoral legislative codes are responsible County Mayo; and when work on the scheme will for conducting elections. Advice and support, as commence. [1355/04] required, will be made available by my Department to ensure a smooth transition to the Minister for the Environment, Heritage and new system. However, at all times, the returning Local Government (Mr. Cullen): Achill Sound officer is the person statutorily responsible for sewerage scheme is included in my Department’s conducting the election. Detailed security water services investment programme 2003 — protocols and procedures will be in place to 2005 to commence construction this year. Further ensure that access to the voting machines and consideration will be given to the contract stand-alone dedicated election computers is documents submitted by Mayo County Council restricted and controlled by the returning officer on receipt of the additional information responsible for the election or to authorised staff requested by my Department from the council in under the supervision of the returning officer. June 2003. 743 Questions — 27 January 2004. Written Answers 744

Grant Payments. In addition, a grant of \571,000 was provided in 2003 by my Department to Mayo County Council 943. Mr. Ring asked the Minister for the for immediate remedial works to non-national Environment, Heritage and Local Government roads and bridges as a result of the damage the reason that a peson [details supplied] in caused by the landslide. County Mayo only received a cull ewe payment My Department is also continuing to recoup 2003 for 43 sheep in view of the fact that they Mayo County Council 90% of the cost of incurred losses of the premium on 103 ewes; and providing emergency accommodation to when he will be paid the remainder of his households affected by the landslide. entitlements. [1356/04] Minister for the Environment, Heritage and EU Directives. Local Government (Mr. Cullen): Compensation 946. Mr. Gilmore asked the Minister for the payments made by my Department from the Environment, Heritage and Local Government years 1999 to 2002 were based on the 30% the progress being made during his EU de/stocking of commonages under the interim Presidency to reach agreement on a proposed framework plan. According to my Department’s Council directive setting out basic obligations and records, the person named was paid general principles on the safety of nuclear compensation for losses incurred on 103 ewes for installations and on the management of spent those years. nuclear fuel and radioactive waste; and if he will For the sheep production year 2003 onwards, make a statement on the matter. payments are based on the stock reductions required in the detailed commonage framework Minister for the Environment, Heritage and plans drawn up for commonage land and effective Local Government (Mr. Cullen): These two from 1 January 2003. The farmer was required proposed directives, which together comprise under his commonage framework plan to de- proposals for a nuclear safety package, are stock by 43 ewes, for which he received payment currently under discussion in the European of \60 per ewe. Council’s Atomic Questions Working Group. The Irish Presidency will continue, through Local Authority Funding. dialogue, to seek and develop consensus on the directives. While there will be a need for 944. Mr. Ring asked the Minister for the flexibility to accommodate the different views of Environment, Heritage and Local Government member states, the Presidency will be guided by the amount of funding that was allocated from his the need to ensure that nuclear safety is not Department towards the landslide effects in north compromised. Mayo; and the amount that was allocated specifically to north Mayo roads from the Nuclear Safety. allocations announced recently. 947. Mr. Gilmore asked the Minister for the 945. Mr. Ring asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government it will be necessary for Ireland to establish a the funding provided from his Department storage facility for disused high activity sealed towards the landslide in north Mayo. [1367/04] radioactive sources; the date by which such a Minister for the Environment, Heritage and facility must be established; the consideration if Local Government (Mr. Cullen): I propose to any which has been given to possible locations for take Questions Nos. 944 and 945 together. such a facility; and if he will make a statement on The local government fund general purpose the matter. [1379/04] grant allocated to Mayo County Council for 2004 Minister for the Environment, Heritage and amounted to \29,752,341. This grant represents Local Government (Mr. Cullen): Council an increase of 17.5% over the corresponding Directive 2003/122/EURATOM of 22 December grant for 2003. In determining this grant I was 2003 on the control of high-activity sealed conscious of the demands on the council arising, radioactive sources and orphan sources came into inter alia, from the landslide in the north Mayo force on 31 December 2003. area. The purpose of the directive is to prevent I have notified the council that the significantly exposure of workers and the public to ionising increased 2004 grant may be used to contribute radiation arising from inadequate control of high- to the carrying out of such works as it considers activity sealed radioactive sources and orphan necessary to prevent a recurrence of the sources, and to harmonise controls in place in landslide. member states by defining specific requirements The total non-national road grant allocation, ensuring that each such source is kept under announced yesterday, for Mayo County Council control. in 2004 is \20,945,500, representing an increase The directive obliges member states, before of 13% over the 2003 allocation. Included in this issuing any authorisation for any practice allocation is a special grant of \1.46 million for involving a source to ensure that adequate the improvement, repair and protection of roads arrangements have been made for the safe and bridges in the area affected by the landslide. management of the source, including when 745 Questions — 27 January 2004. Written Answers 746 disused. These arrangements may provide for the local authorities for the provision of standard transfer of such sources to the supplier, or their local authority accommodation in which Traveller placement in a recognised installation, or an families are accommodated as well as funding for obligation for the manufacturer or the supplier to the provision of new Traveller specific receive the sources. accommodation and the refurbishment, where Where there are no arrangements for the necessary, of existing accommodation. return of disused sources to the supplier or In relation to recent incidents of unauthorised manufacturer, the directive effectively places an encampments in the Killinarden area of Tallaght, onus on states to have a secure radioactive waste I understand that the Traveller families storage facility by 31 December 2005. concerned, who in some cases had left Ireland’s radioactive waste is mainly low level accommodation in the south Dublin area, have and low volume and arises from hospital, now been moved on and that most of the families educational and industrial applications. All users have again been provided with accommodation. of radioactive materials in Ireland do so under I understand that a number of sections of South licence from the RPII. Radioactive waste is Dublin County Council were involved in dealing currently stored in hospitals, third level with the issues that arose in relation to these educational establishments and on industrial encampments which included litter, waste, stray premises also under licence from the RPII. While dogs, traffic matters and the illegal use of the RPII does not consider that radioactive waste electricity from the public lighting supply. is stored unsafely at present, storage in diverse Local authorities have a range of powers locations is not an acceptable long-term solution available to them specifically to deal with and is inconsistent with the Directive in the case unauthorised temporary encampments. These of high activity and orphan sources. The RPII include powers under the Housing inspects storage premises regularly to ensure that (Miscellaneous Provisions) Act 1992 and the licence conditions are being upheld. Both the Local Government (Sanitary Services) Act 1948 RPII and my Department have been exploring in relation to the prohibition of temporary possible locations for a storage facility, and a dwellings in certain areas. In addition, local suitable location has yet to be identified. authorities have powers to address issues resulting from such encampments such as Election Management System. controls under environmental, litter and waste 948. Mr. Naughten asked the Minister for the management legislation. Environment, Heritage and Local Government It is a matter for South Dublin County Council the number of ballot boxes in each county at the to ensure that the area affected by the last local and general elections; the proposed unauthorised encampment is restored to an number for the 2004 elections on a county basis; acceptable condition. There is no specific and if he will make a statement on the matter. provision in my Department’s Vote for the [1395/04] assistance of local authorities in carrying out works arising from unauthorised temporary Minister for the Environment, Heritage and encampments. Local Government (Mr. Cullen): I refer to the reply to Questions Nos. 544 and 545 of 16 Voluntary Fire Service. December 2003. The position is unchanged. 950. Mr. Allen asked the Minister for the Traveller Accommodation. Environment, Heritage and Local Government if he will examine a situation (details supplied) in 949. Mr. O’Connor asked the Minister for the relation to the voluntary fire service. [1404/04] Environment, Heritage and Local Government the assistance which is available to South Dublin Minister for the Environment, Heritage and County Council to deal with the illegal Local Government (Mr. Cullen): A retirement encampment at Killinarden estate in Tallaght gratuity scheme for the retained fire service has which has caused huge concern to the local been in place since 1985. Following a recent community for several weeks; if his attention has review an improved scheme has been introduced been drawn to the difficulties created in respect with effect from 26 April 2001. Under this of traffic, litter and the loss of street lighting; and scheme, a member of the retained fire service will if he will make a statement on the matter. on retirement be paid a gratuity of 1/8th of his [1396/04] inclusive annual retainer for each year of service subject to a maximum gratuity of four times the Minister of State at the Department of the inclusive annual retainer. This means that a Environment, Heritage and Local Government firefighter with 32 years service will receive (Mr. N. Ahern): My responsibility in relation to almost \30,000 while a station officer will receive Traveller accommodation is to ensure that there over \55,000. is an adequate legislative and financial framework in place within which local authorities, Electronic Voting. voluntary bodies and Travellers may provide or be assisted in the provision of accommodation for 951. Mr. Morgan asked the Minister for the Travellers. My Department provides funding to Environment, Heritage and Local Government 747 Questions — 27 January 2004. Written Answers 748

[Mr. Morgan.] Environment, Heritage and Local Government the level of detail that will be released from the when the major independent review of local electronic voting system after the forthcoming Government funding committed to in the agreed local government and EU elections; if the first programme for Government will be completed; preferences from each polling station will be and when he expects the findings of this review given to each candidate, which would be to be published; and if he will make a statement equivalent to the old tally system perfected over on the matter. [1455/04] many years; and if he will make a statement on Minister for the Environment, Heritage and the matter. [1448/04] Local Government (Mr. Cullen): I anticipate that Minister for the Environment, Heritage and this review should be completed within Local Government (Mr. Cullen): The electronic approximately one year. On completion, the voting system will provide detailed information review will be published. for each count and at the end of all counts the following will be made available a list of mixed Accident and Emergency Services. votes with preferences for each constituency and 954. Mr. Gilmore asked the Minister for the tables showing the number and percentages of Environment, Heritage and Local Government different preferences received by each candidate. the nature and extent of Ireland’s participation in Provision of this information has no impact on the EU Civil Protection Agency; the the secrecy of the ballot. commitments which have been entered into to The provision of information analogous to that date to provide personnel, equipment or provided informally, in the past, by tallypersons management expertise to the agency or to any of is under consideration having regard to the need its operations; the arrangements which have been to preserve the secrecy of the ballot. made with the fire authorities in this country for such participation; and if he will make a Election Management System. statement on the matter. [1464/04] 952. Mr. Morgan asked the Minister for the 955. Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if when the results of the forthcoming local he received any requests for the provision of government and EU elections will be announced; personnel or equipment from Irish fire and if all results will be announced on the evening of emergency services to assist in rescue work at the voting or as soon thereafter as they are available; recent earthquake in Bam, Iran; the response he and if some constituencies will be held over until gave to such requests; if any assistance was Saturday; and if he will make a statement on the provided from the Irish fire services; and if he will matter. [1449/04] make a statement on the matter. [1465/04] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Cullen): The counting of Local Government (Mr. Cullen): I propose to votes at the local elections will take place after take Questions Nos. 954 and 955 together. polling stations close on Friday 11 June 2004. As My Department represents Ireland at EU level there are a number of polls, the ballot modules on various civil protection — emergency planning with the vote data will be first loaded into the — working groups and committees in relation to computer system by the local European returning improving co-operation strategies between officer for the taking of the poll at city and county member states in the event of major emergencies, level. The vote data for each poll will then be or the imminent threat thereof, which may distributed in a secure manner to the returning require urgent response action outside the officers for the local elections and to the capabilities of the affected country. European constituency officers for the purposes One of the main developments in this area in of vote counting. recent years was the adoption on the 23 October The counting of votes at the local elections will 2001 of a Council decision, 2001/792/EC, commence on receipt of the vote data, probably establishing a Community mechanism to facilitate around 12 midnight, and counting will continue reinforced co-operation in civil protection throughout Saturday morning until the results are assistance interventions. The mechanism provides available. The time for completion of the local for interventions inside and outside the European election counts will vary between areas. Union and is intended to help ensure better EU legal requirements prohibit the official protection primarily of people but also of the announcement of results in a member state until environment and property. It improves voting has concluded in all member states. In intervention responses through means of better order to respect this requirement, the counting of co-ordination facilities and strengthening of the European Parliament votes will be carried out communications and training capacities. on Sunday 13 June at 9 p.m. The results should Participation in the mechanism is open to all EU be available between 10 p.m. and 11 p.m. member states, accession countries and the European Economic Area countries. An EU civil Agreed Programme for Government. protection agency was not established under the 953. Mr. Morgan asked the Minister for the Council decision. The European Commission DG 749 Questions — 27 January 2004. Written Answers 750

Environment and Civil Protection is charged with Environment, Heritage and Local Government implementing the mechanism and co-ordinating the projected lifespan of the electronic machines its activities on behalf of the Community. the Government is purchasing; the cost of Among other things, the mechanism provided replacing them on an ongoing basis; the cost of for the setting up of an improved EU civil ongoing software and hardware support; and if protection monitoring and information centre, the software licences have to be renewed MIC, accessible and able to react immediately 24 periodically. [1500/04] hours a day; and a procedure for the provision of 957. Mr. Sargent asked the Minister for the up to date information on the resources available Environment, Heritage and Local Government if in countries participating in the mechanism for bug fixes and security updates to the electronic different types of interventions. voting software have to be paid for by the Following an initial trawl of the relevant Exchequer; the cost of configuring the software Departments, agencies and bodies, including all for each election or referendum; and the cost of local authorities, my Department on 25 February training returning officers and election staff, 2003 informed the EU that Ireland could make initially and on an ongoing basis. [1501/04] available, within the framework of the mechanism, 15 experts and six intervention teams 958. Mr. Sargent asked the Minister for the — 42 personnel. A handbook for the conduct of Environment, Heritage and Local Government operations by all teams and experts, prepared by the way in which electronic voting compares to the Commission civil protection unit, has recently the paper method in terms of long term cost. been circulated to all Irish teams and experts. A [1502/04] number of Irish team leaders and experts will Minister for the Environment, Heritage and participate in mechanism training courses Local Government (Mr. Cullen): I propose to commencing shortly. take Questions Nos. 956 to 958, inclusive, Notwithstanding the declaration of together. resources/experts/teams that could be available The projected lifespan of the electronic voting within the framework of the mechanism, machines is 20 years and there will be little or participation, when requested, is voluntary. It is no ongoing replacement or annual maintenance a matter for the national authorities in the first costs. The warranty on the voting machines instance and the organisation/body or individual expires at the end of 2007 and after this time a involved. Ireland can also call on the resources service agreement will be entered into with the and expertise of the EU mechanism in the event suppliers. As regards the integrated election of a national emergency situation requiring system, IES, the Department will continue with international assistance. software testing up to the June polls. There will In the case of the recent earthquake in Bam, be no additional cost for software updates within Iran, the European Commission, through the this period. The question of software licensing MIC, first contacted Iranian authorities on 26 and ongoing software support thereafter will be December 2003 to offer assistance following considered following the 2004 polls. Further media reports of the disaster. The MIC significant changes in the software for future subsequently notified the formal request for elections or referendums should not arise, other assistance to all participating countries, including than those that may be required by changes in Ireland, through the designated 24 hour contact electoral legislation. points. Definitive cost comparisons of a national poll Following consideration of the request and carried out under the manual system and the having regard to the resources available for electronic system will not be available until after dispatch under the mechanism, it was confirmed the first countrywide use of the new system in to the MIC that Ireland was not in a position June of this year, however, significant savings in immediately to send search and rescue teams to staff costs at counting stage are anticipated. Bam. However, the Minister of Foreign Affairs Training of returning officers and election staff is confirmed that a sum of \1 million would be ongoing and firm costs will not be available until provided for humanitarian aid in the area. A later this year. Training requirements in the large number of search and rescue teams from future will be determined by the frequency of 12 of the 28 participating countries assisted the polls and the availability of trained staff for such Iranian authorities in Bam and a ’lessons learned’ polls. exercise is currently under way on the operation of the mechanism in Bam. My Department, as Question No. 959 answered with Question chair of the Council civil protection working No. 924. party during the EU Presidency, will support co- ordination and continuous development of the Recycling Policy. civil protection capabilities of the European 960. Mr. Morgan asked the Minister for the Union. Environment, Heritage and Local Government the percentage of glass collected through Electronic Voting. recycling facilities in this State that are sent to the 956. Mr. Sargent asked the Minister for the glass recycling facility in Fermanagh for recycling; 751 Questions — 27 January 2004. Written Answers 752

[Mr. Morgan.] received in my Department and is being what is done with the remainder of the glass not examined in conjunction with the preliminary sent to Fermanagh for recycling; the percentage report for the scheme. of glass sent to landfill; and if he will make a statement on the matter. [1504/04] Archaeological Sites. Minister for the Environment, Heritage and 962. Mr. Timmins asked the Minister for the Local Government (Mr. Cullen): The latest Environment, Heritage and Local Government official data on packaging waste arisings and the position in relation to an application from a recovery are contained in the national waste group (details supplied) in County Wicklow to database report for 2001, published by the EPA Du´ chas for a prevention order of similar status to in July 2003. The EPA estimates that 105, 273 that given to the Rathnagree and Rathcoran sites tonnes of glass packaging waste arose in the in west Wicklow; the steps he is taking to ensure household and commercial waste streams in 2001, the preservation of this site; and if he will make of which 41,156 tonnes, 39.1%, was recycled and a statement on the matter. [1506/04] the remainder, 64,118 tonnes, 60.9%, was Minister for the Environment, Heritage and landfilled. The vast majority of the glass collected Local Government (Mr. Cullen): In December for recycling in 2001 was recycled at the Irish 2003 my Department became aware of Glass plant in Ringsend, which has since ceased unauthorised works at the site referred to. Since operations. then archaeologists from my Department have On foot of the continued expansion of the attended on-site meetings with the gardaı´ and the bring bank network under the local and regional landowner. Recent inspections have indicated waste management plans, and the that no further interference with the site has commencement of the Waste Management occurred. My Department will consider further (Packaging) Regulations 2003, which impose a whether other steps are necessary to ensure the mandatory obligation on commercial premises to continued protection of the site. segregate specified packaging waste materials, including glass, arising on their own premises for Departmental Correspondence. recycling, there has been a significant increase in the glass recycling rate in the interim. Based on 963. Mr. P. Breen asked the Minister for the data supplied by Repak, the voluntary Environment, Heritage and Local Government if compliance scheme established by Irish industry he will respond to correspondence forwarded to to meet Ireland’s EU packaging waste recovery his Department (details supplied) on 10 targets, an estimated 75,000 tonnes of glass was November 2003; and if he will make a statement collected for recycling in 2003. It is further on the matter. [1523/04] estimated that approximately 87% of this glass, Minister for the Environment, Heritage and approximately 65,000 tonnes — was transported Local Government ( Mr. Cullen): to a facility in Northern Ireland for recycling. Of Correspondence has been received in relation to the estimated remaining 13% of this glass, it is the operation by Clare County Council of the estimated that approximately 9,000 tonnes was Ballydufbeg landfill facility and my Department exported to glass recycling plants in England and has requested the local authority to submit a Scotland and that approximately 1,000 tonnes was report on the matter. In addition, a copy of the recycled as sub-base material in road construction correspondence has also been forwarded to the projects in 2003. While there is no data available recently established Office of Environmental yet in relation to overall glass waste arisings in Enforcement which has a mandate to deliver 2003 and allowing for some increase in glass enhanced environmental compliance through waste arisings since 2001, it is reasonable to enforcement of EPA licences and through the assume that the glass recycling rate is now in the exercise of a supervisory role in respect of the region of 60%, with the remaining glass waste environmental protection activities of local being landfilled. Thus, significant progress is authorities. being made in improving the rate of recycling for this waste stream. Commonage Framework Plans.

Water and Sewerage Schemes. 964. Mr. Ring asked the Minister for the Environment, Heritage and Local Government 961. Cecilia Keaveney asked the Minister for the reason a person (details supplied) in County the Environment, Heritage and Local Mayo did not receive a full cull ewe scheme Government the position at present in relation to entitlement for the de-stocking of 13 ewes; and a scheme (details supplied) in County Donegal; when the remainder of their money will issue. and if he will make a statement on the matter. [1530/04] [1505/04] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Cullen): According to Local Government (Mr. Cullen): Donegal the information available to my Department, the County Council’s water pricing report in respect person named was required under his of the Malin sewerage scheme was recently commonage framework plan to reduce his stock 753 Questions — 27 January 2004. Written Answers 754 by 13 ewes. Ten of these ewes were de-stocked the position of an application for funding by Athy to bring the farmer down to the approved good Town Council in regard to refurbishment works farming practice level of five ewe equivalents per for Townspark, Carbury Park estates; and if he hectare. Under the polluter pays principle, no will make a statement on the matter. [1615/04] compensation is payable for de-stocking of sheep down to this level. Compensation is only Minister of State at the Department of the available for reductions of stock below this level. Environment, Heritage and Local Government In this case, reductions below this level involved (Mr. N. Ahern): My Department wrote to Athy a further three ewes, for which he received town council in December 2003 requesting the payment of \60 per ewe. Town Council to respond to a number of issues raised by Department and to submit a detailed statement of the scope of the work along with a Water and Sewerage Schemes. cost estimate. The town council’s response is 965. Mr. Neville asked the Minister for the awaited. Environment, Heritage and Local Government the position regarding provision of a An Taisce Funding. Croom/Patrickswell water supply scheme. [1580/04] 968. Mr. Haughey asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and he will ensure that An Taisce receives adequate Local Government (Mr. Cullen): The Limerick and independent financial support; and if he will county trunk water mains, Patrickswell/Adare, make a statement on the matter. [1637/04] and Limerick county trunk water mains, Croom link, schemes are included in my Department’s Minister for the Environment, Heritage and water services investment programme 2003 — Local Government (Mr. Cullen): An Taisce is an 2005 to commence construction in 2004 and 2005 independent voluntary body whose financing, respectively. The contract documents for the through membership subscriptions and otherwise, Patrickswell/Adare element are being examined is properly a matter for itself. In 2001 my Department agreed to pay An Taisce an annual in my Department and will be dealt with as \ quickly as possible. I approved Limerick County grant of 69,836 for the three year period 2001 — Council’s revised brief for the appointment of 2003 to assist it in its role as a prescribed body consultants to prepare detailed design and under planning legislation. There was no contract documents for the Croom link in commitment to a continuation of this funding and August 2003. there is no provision in my Department’s Vote to provide similar funding in 2004. National Archives. My Department provides grant aid to An Taisce as a contribution towards the 966. Mr. Morgan asked the Minister for the administration expenses of the blue flag scheme Environment, Heritage and Local Government in Ireland, \75,156 in 2003, and co-finances the the number of files in his Department released to An Taisce-led anti-litter initiative national spring the National Archives under the 30 year rule; the clean, \250,500 in 2003. number withheld; the subject matter of the files In addition, An Taisce operating at local level withheld; and if he will make a statement on the would have received some grants from the matter. [1581/04] environmental partnership fund, \6875 in 2003, \ Minister for the Environment, Heritage and and indirectly through core funding, 1,000 in Local Government (Mr. Cullen): In accordance 2003, to support the environmental NGO with the requirements of the National Archives movement; both these financial mechanisms are Act 1986 a total of approximately 90,071 of my supported by my Department. Department’s files dated up the end of 1969 have, in compliance with the 30-year requirement, been Environmental Policy. transferred to the National Archives. 969. Mr. Haughey asked the Minister for the A small number of files dealing with Environment, Heritage and Local Government if exhumation licences and certain local authority he has satisfied himself that Du´ chas can carry out personnel files — those dealing with disciplinary its functions properly now that it is under the matters — have been retained. control of the Department of the Environment, In an arrangement with the National Archives, Heritage and Local Government; if a balance can further files are being transferred in three year be maintained in his Department between tranches and to this end a further 11,000 files to environmental issues and development issues; cover the years 1970, 1971 and 1972 are currently and if he will make a statement on the matter. being examined and prepared for transfer to the [1638/04] National Archives later this year. Minister for the Environment, Heritage and Local Government (Mr. Cullen): Du´ chas was the Local Authority Housing. title and brand name of the organisational 967. Mr. Wall asked the Minister for the division of my Department which had Environment, Heritage and Local Government responsibility for built and natural heritage 755 Questions — 27 January 2004. Written Answers 756

[Mr. Cullen.] amended), to hunt deer with a pack of stag functions. Following the change of Government hounds. in mid-2002 my Department now has The ordinary hunting of hares during the open responsibility for policy in respect of the built season does not require a hunting licence. heritage and for both policy and operational However, the hunting of hares with a pack of matters relating to the natural heritage. The beagles requires a licence and, under section operational and management functions in 26(2) of the Wildlife Act 1976, as amended, my relation to the built heritage in State care have Department has granted licences on an annual transferred to the Office of Public Works. basis to the Irish Masters of Beagles Association. These organisational arrangements are Although the hunting of birds is covered in designed to achieve the optimum use of the general by the orders providing for open seasons, organisational resources available to the individual licences are required under section 30 Government. They build on my Department’s of the Wildlife Act 1976, as amended, for hunting strengths in terms of regulation and policy on foreshore, lakes and inland waters belonging development, particularly in the environmental to the State. There are currently some 3,000 such area, and on the expertise and experience of the licences. While such licences are applicable to the Office of Public Works in the areas of hunting of fauna generally, they are in practice conservation and management of the State’s obtained for the hunting of wildfowl, and are property portfolio. subject to the provisions of the open season Under the new organisational arrangements, orders. responsibility for built heritage issues has been These are the only licences that my integrated into a heritage and planning division. Department issues for the hunting of wild Responsibility for nature conservation and animals. However, under separate provisions of biodiversity protection has been assigned to an the Wildlife Act, licences are also granted for the environmental infrastructure division, which also control of protected wild animals causing damage deals with waste and water policy and to crops or property, and for the capture of infrastructure. The earlier configuration of protected wild animals for specified purposes Du´ chas functions has therefore been substantially under specified conditions. rearranged and the title of Du´ chas as been discontinued. 971. Mr. Gregory asked the Minister for the My Department’s objectives under this Environment, Heritage and Local Government if rearranged structure have been set out in its his Department has at any time considered the recently published revised statement of strategy conclusions of their counterparts in the 2003-2005, which is available in the Oireachtas Department of Agriculture, Northern Ireland, Library. that the deer used by the County Down I am satisfied that, in pursuit of its fundamental staghounds were tamed by their semi-intensive mandate for sustainable development, my rearing system and may be regarded as domestic Department will continue to promote an animals; and if he will make a statement on the appropriate balance between development issues matter. [1640/04] and environmental issues both in its own 972. Mr. Gregory asked the Minister for the operations and more widely across the public and Environment, Heritage and Local Government if private sectors. his Department has examined the Ward Union Deerpark in Dunshaughlin County Meath; the Hunting Licences. purpose of any such visit and the conclusions 970. Mr. Gregory asked the Minister for the reached. [1641/04] Environment, Heritage and Local Government if 973. Mr. Gregory asked the Minister for the he will list the wild animals for which licences to Environment, Heritage and Local Government if hunt are issued by his department. [1639/04] the issues raised by the Heritage Council in 1998, Minister for the Environment, Heritage and that it should be established definitively whether Local Government (Mr. Cullen): The Wildlife the deer used by the Ward Union are wild or Acts 1976 and 2000 provide for my Department domestic and if they constitute private property, to make orders relating to the provision of open have been clarified; and if he will make a seasons for the hunting of protected fauna. These statement on the matter. [1653/04] orders are reviewed annually by the National 974. Mr. Gregory asked the Minister for the Parks and Wildlife Service of the Department, Environment, Heritage and Local Government if taking account of the conservation needs of the a copy of the advice of the Attorney General to individual species. his Department in 1998-1999 regarding the status Under Section 29(1) of the Wildlife Act 1976, of the Ward Union deer will be placed in the as amended, my Department issues licences to Oireachtas Library. [1654/04] hunt deer during the open season and some 2,050 such licences were issued for the 2002-2003 975. Mr. Gregory asked the Minister for the season. My Department also issue an annual Environment, Heritage and Local Government if licence to the Ward Union Hunt Club, under his Department has considered the question of section 26(1)(ii) of the Wildlife Act 1976, as the status of the deer in the Ward Union 757 Questions — 27 January 2004. Written Answers 758

Deerpark; and if he will state the view of the Electronic Voting. veterinary division on this issue. [1655/04] 977. Mr. F. McGrath asked the Minister for the 976. Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government if he will examine the concerns (details supplied) he will arrange for an inspection of the Ward on electronic voting; and if he will ensure that our Union Deerpark by his Department to establish democratic process is protected from potential whether the deer there are domestic or wild, in errors or abuse. [1695/04] view of the use to which these deer are put; and Minister for the Environment, Heritage and if he will make a statement on the matter. Local Government (Mr. Cullen): I refer to the [1656/04] reply to Question No. 523 of 1 July 2003 and to Questions Nos. 49, 59 and 68 of 26 November Minister for the Environment, Heritage and 2003, regarding the security and integrity of the Local Government (Mr. Cullen): I propose to electronic voting and counting system. take Questions Nos. 971 to 976, inclusive, I have considered carefully the many reports together. and views expressed by various individuals In light, inter alia, of the submission made by regarding the electronic voting and counting the Heritage Council, as referred to in Question system. In order to ensure the security and No. 973, the Attorney General’s advice was integrity of the system I have arranged for sought by the then Department of Arts, Heritage, extensive testing undertaken by internationally Gaeltacht and the Islands regarding the accredited independent test institutes in addition application of section 26 of the Wildlife Act 1976 to functional testing by officials of my to the hunting of deer by stags. This advice was Department and returning officers. I am satisfied furnished in February 1999 and confirmed the that the new system is secure, that it counts the long-standing interpretation of the above section, votes accurately and quickly and that the i.e. that the Minister for the Environment, measures and protocols put in place in advance Heritage and Local Government may grant to the of the forthcoming European and local elections master or other person in charge of a pack of stag will safeguard the integrity of the system. hounds a licence authorising the hunting of deer by that pack during such period or periods as is Water and Sewerage Schemes. or are specified in the licence. 978. Mr. McCormack asked the Minister for Licence applications from the Ward Union the Environment, Heritage and Local Hunt Club continue to be determined on their Government if he has made funds available for merits in accordance with this legal advice. Public the construction of stage 3 of the Galway main disclosure is not normally made of legal advice by drainage scheme to cater for the expanding area the Attorney General to the Government. It is adjacent to Galway city, Oranmore, Barna, not therefore proposed to make the present Claregalway and Moycullen; the stage the plans advice available to the Oireachtas Library. for this scheme are at; and if he will make a Conservation rangers from the National Parks statement on the matter. [1708/04] and Wildlife Service of my Department and a veterinary inspector from the Department of Minister for the Environment, Heritage and Local Government (Mr. Cullen): Stage 3 of the Agriculture and Food monitor the operations of Galway main drainage scheme is included in my the Ward Union Hunt Club. The veterinary Department’s water services investment inspector monitors the welfare of deer hunted by programme 2003-2005 to commence construction the club, on a spot check basis, at the request of in 2005. I approved Galway City Council’s brief and in an advisory capacity to my Department, by for the appointment of consultants to prepare a checking on the veterinary aspects of compliance preliminary report for the scheme earlier this with the hunting code of practice. month. Prior to the issue by my Department of the annual licence, written reports from conservation Electronic Voting. rangers and the veterinary inspector are examined to establish that the club has 979. Mr. Morgan asked the Minister for the satisfactorily complied with the hunting code of Environment, Heritage and Local Government practice, which was adopted in 1999 following the plans he has to run an awareness programme extensive consultations with the relevant to enhance voters knowledge of the proportional Departments, and that the hunt has been representation system; when such a programme conducted in accordance with the conditions of will commence; the duration and cost of such a the previous annual licence. programme; and if he will make a statement on An annual inspection of the deer at the park is the matter. [1710/04] carried out at the end of the hunting season to Minister for the Environment, Heritage and ensure that the deer are healthy and sound and Local Government (Mr. Cullen): A nationwide that the hunt records are complete. The last voter education and awareness campaign in inspection was at the end of the 2002-3 season relation to the use of electronic voting and and showed no grounds for concern. counting at the 2004 European and local elections 759 Questions — 27 January 2004. Written Answers 760

[Mr. Cullen.] Environment, Heritage and Local Government will be launched shortly. The campaign, which the amount of revenue taken through the tax on will run from early February to polling day on 11 plastic bags in 2003. [1806/04] June, will include voting instructions and will also Minister for the Environment, Heritage and seek to encourage people to exercise their vote at Local Government (Mr. Cullen): Total receipts the 2004 polls. Information on the PR/STV for the plastic bag levy for 2003 amounted to system will also be available. The cost of the \12,656,937. campaign is \5 million including VAT. Question No. 983 answered with Question Departmental Grants. No. 938. 980. Mr. Naughten asked the Minister for the Housing Grants. Environment, Heritage and Local Government if there is a grant available for replacing an asbestos 984. Mr. Ellis asked the Minister for the roof; and if he will make a statement on the Environment, Heritage and Local Government if matter. [1766/04] his Department will now pay a new house grant to a person (details supplied) in County Minister for the Environment, Heritage and Leitrim. [1818/04] Local Government (Mr. Cullen): No such grant assistance is available from my Department. Minister of State at the Department of the Environment, Heritage and Local Government Presidential Elections. (Mr. N. Ahern): An inspection, with a view to payment of the grant if in order, will be carried 981. Mr. Gilmore asked the Minister for the out as soon as possible. Environment, Heritage and Local Government if, having regard to the judgement of the Supreme Waste Management. Court in a case given on 29 November 2002, consequential amendments to the legislation 985. Mr. J. Higgins asked the Minister for the governing presidential elections is envisaged; and Environment, Heritage and Local Government when it is proposed to introduce that the costs of the television advertisement currently legislation. [1767/04] being shown as part of the race against waste advertising programme; and if he will break down Minister for the Environment, Heritage and the costs into production costs, cost of TV airing Local Government (Mr. Cullen): The legislation to the present time and projected cost of further concerned is under review having regard to the airings in 2004. [1863/04] court judgment referred to. Minister for the Environment, Heritage and Local Government (Mr. Cullen): The cost of the Tax Yield. production and airing of the series of race against 982. Mr. Allen asked the Minister for the waste TV advertisements is as follows:

Production Airtime 2003 Airtime 2004

725,355.80 582,744.74 231,249

Minister for the Environment, Heritage and Social and Affordable Housing. Local Government (Mr. Cullen): I propose to take Questions Nos. 986 and 987 together. 986. Mr. Kenny asked the Minister for the While the Minister for the Environment, Environment, Heritage and Local Government if Heritage and Local Government may comment he has considered exempting social housing on a draft development contribution scheme providers from development charges which would during the consultation period, it is ultimately for allow housing to be provided at the cost of the the elected members of the planning authorities land at existing use values; the cost of to determine the level of contribution for their construction which would have an impact on own functional areas and the classes of reducing the overall cost; and if he will make a development to which the contributions will statement on the matter. [1873/04] apply, having regard to the actual cost of 987. Mr. Kenny asked the Minister for the providing infrastructure in that area. Circular Environment, Heritage and Local Government if letter PD 4/2003 of 27 June 2003, which issued to each planning authority, advised that the basis for he considers that the imposition of development determining the contribution levels in the scheme charges at local authority level will add to the cost should be justified and supported. That circular of new housing; the estimated average percentage also recommended that, in accordance with increase in new house prices as a consequence; accepted practice, development contributions and if he will make a statement on the matter. should not be charged in respect of social housing [1874/04] units, including those which are provided in 761 Questions — 27 January 2004. Written Answers 762 accordance with an agreement made under Part take Questions Nos. 988 and 992 to 994, V of the Planning and Development Act 2000, as inclusive, together. amended under the Planning and Development Privately sourced group water schemes that are (Amendment) Act 2002, or which are provided not in compliance with the required standards for by a voluntary or co-operative housing body, drinking water may, where available, connect to whether or not under Part V. a local authority main or, alternatively, provide I do not anticipate that the contributions levied essential stand alone water treatment and will unduly affect the price of houses and the disinfection facilities. Grants of up to 100% of level of inflation. The major driver of house price cost are available for the provision of such increases in recent years has been the demand for facilities under design build operate contracts, housing, fuelled by rapid economic growth and coupled with bundling of individual schemes, in demographic changes. The Government has accordance with standard procurement responded to this unprecedented demand by procedures. Related civil works such as buildings, focusing on measures to boost supply as the most reservoirs and pipelines, and works associated appropriate way to bring moderation to the rate with connecting to a local authority main, are of house price increases. The key component of grant aided at up to 85% of cost, subject to a this strategy is ensuring a supply of serviced land maximum grant of \6,475 per house. for housing which the development contribution Bundled DBO procurement of treatment and system helps fund. disinfection facilities accords with the Provisions governing the acquisition of land at recommendations of the national rural water existing use value for the provision of social and monitoring committee and is being implemented affordable housing are set out in Part V of the in partnership with the National Federation of Planning and Development Act 2000. Group Water Schemes. Facilities provided under these arrangements remain in the ownership of Water and Sewerage Schemes. the group water scheme. The powers of a local authority to take in charge a group scheme are 988. Mr. Morgan asked the Minister for the not affected by the existence of a DBO contract. Environment, Heritage and Local Government if Reducing the level of unaccounted for water is he can confirm that local authorities will not be a priority in the case of group schemes allowed to take over any group water schemes participating in DBO projects. Grants are where there is a DBO contract in place; and if he available for a range of remedial actions and will make a statement on the matter. [1881/04] water conservation measures to reduce water 992. Mr. Morgan asked the Minister for the losses, including the provision of bulk meters and Environment, Heritage and Local Government telemetry and the upgrading and renewal of the percentage funding available to group water inadequate water storage and distribution schemes to allow them to bring their treatment systems. My Department, in conjunction with the facilities up to standards required by the National Federation of Group Water Schemes European Union drinking water directive; and if and the Water Services National Training Group, he will make a statement on the matter. also provides a range of training courses for [1928/04] group scheme managers, caretakers and operatives in the areas of leak detection, network 993. Mr. Morgan asked the Minister for the management and maintenance, and water Environment , Heritage and Local Government conservation. if his attention has been drawn to the serious concerns which exist regarding DBO’s and the Election Management System. fact that due to the severe problems with leakage group water schemes will find themselves in 989. Mr. Crowe asked the Minister for the precarious financial situations because they will Environment, Heritage and Local Government if be paying a private company for treated water his attention has been drawn to the fact that which is leaking into the ground; the steps he postal vote only elections are being tested in Britain in recent local elections; if his attention intends to take to address these concerns; and if has further been drawn to the fact that these he will make a statement on the matter. elections are recording increased in turnout of as [1929/04] much as 25%; and if he has examined the 994. Mr. Morgan asked the Minister for the possibility of testing such a method here. Environment, Heritage and Local Government [1924/04] the options which are available to group water Minister for the Environment, Heritage and schemes wishing to upgrade their water treatment Local Government (Mr. Cullen): I am aware of facilities to comply with the EU directive on the pilot schemes that have taken place in the UK drinking water; if they are obliged to enter a including the use of postal voting. Regard will be design build operate contract; and if he will make had to developments there and elsewhere as part a statement on the matter. [1930/04] of the process of maintaining and improving an Minister for the Environment, Heritage and efficient and secure electoral system in this Local Government (Mr. Cullen): I propose to country. 763 Questions — 27 January 2004. Written Answers 764

Road Network. Question No. 996 answered with Question No. 920. 990. Mr. English asked the Minister for the Environment, Heritage and Local Government if Water and Sewerage Schemes. a regional road (details supplied) in County Meath will be included in the EU co-financed 997. Mr. Ring asked the Minister for the programme for reconstruction in 2004; and if he Environment, Heritage and Local Government will make a statement on the matter. [1925/04] the position with a water scheme (details supplied) in County Mayo. [2017/04] Minister for the Environment, Heritage and Local Government (Mr. Cullen): The total non- Minister for the Environment, Heritage and national road grant allocation, which I announced Local Government (Mr. Cullen): The extension yesterday for Meath County Council, in 2004 is of the Lough Mask regional water supply scheme \23,205,562, representing an increase of 10% from Shrah to Westport is included in my over the 2003 allocation. Department’s water services investment programme 2003 — 2005 to commence I am pleased to say that included in this construction in 2005. The design report for the allocation is a grant of \300,000, under the EU scheme submitted by Mayo Council is under co-financed specific improvement grants scheme, consideration in my Department and will be dealt for the R153 Navan to Balrath — Kentstown with as quickly as possible. scheme. Community Warden Service. Local Authority Funding. 998. Mr. Curran asked the Minister for the 991. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government he will issue a progress report on the community the position regarding an application for funding warden pilot scheme under way; the plans he has by Westmeath County Council (details to expand this scheme; and if so, in what supplied). [1926/04] areas. [2043/04] Minister of State at the Department of the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Cullen): The pilot (Mr. N. Ahern): Westmeath County Council community warden service is a three year pilot submitted comprehensive proposals to my programme operating in Galway, Leitrim and Department in December 2003 for the Wexford County Councils, Galway City Council redevelopment of Ennell Court in Mullingar. and Naas Town Council. The pilots are now These proposals are currently under entering their third and final year. Proposals for consideration in my Department and a decision the evaluation of the pilot service are being will be conveyed to the council as soon as prepared. possible. Question No. 999 answered with Question Questions Nos. 992 to 994, inclusive, answered No. 919. with Question No. 988. Water and Sewerage Schemes. Water and Sewerage Schemes. 1000. Mr. Perry asked the Minister for the 995. Mr. Morgan asked the Minister for the Environment, Heritage and Local Government , Environment, Heritage and Local Government if, further to Parliamentary Question No. 293 of 5 in regard to water services, local authorities, city November 2003 in relation to the approval of the and county managers or elected representatives sewerage scheme in Enniscrone, County Sligo, if have expressed concerns to him regarding DBO’s he will state the progress made on the water pricing report and other information received in (design build operate); and if he will make a his Department from Sligo County Council in statement on the matter. [1931/04] September 2003; if his attention has been drawn Minister for the Environment, Heritage and to the urgency of this scheme in view of the Local Government (Mr. Cullen): Design build serious problems encountered; if he will sanction operate, DBO, has in recent years become the approval immediately; and if he will make a standard form of procurement for water services statement on the matter. [2084/04] schemes involving treatment facilities. As in any Minister for the Environment, Heritage and case where new procedures are introduced, there Local Government (Mr. Cullen): The Enniscrone were a number of issues of concern to interested sewerage scheme is included in my Department’s parties but I am satisfied that these have been water services investment programme 2003 — addressed. I am also satisfied that DBO provides 2005 as a scheme to commence construction in a range of distinct management and value for 2004. money advantages over traditional procurement My Department is awaiting receipt of in such cases and that the process is being additional information requested from Sligo successfully implemented by local authorities. County Council in November 2003 on the water 765 Questions — 27 January 2004. Written Answers 766 pricing report, the public private partnership applications which do not respect these well applicability report and the preliminary report for publicised deadlines. the scheme. On receipt of this information further consideration will given to approval of the Architectural Heritage. preliminary report with a view to authorising the 1002. Mr. Stagg asked the Minister for the council to proceed with the preparation of Environment, Heritage and Local Government contract documents for the scheme. the reason phase 2 of the restoration works to Maynooth Castle, Maynooth County Kildare was Housing Grants. excluded from consideration as a project under 1001. Ms Enright asked the Minister for the the mid-term review of capital projects in the Environment, Heritage and Local Government if built heritage area; and if he will make a any exemptions were given in relation to statement on the matter. [2217/04] applications for the first time buyers grant for Minister for the Environment, Heritage and those who had built their houses in the time but Local Government (Mr. Cullen): I refer to the failed to apply in time; and if he will make a reply to Question No. 201 of 11 December 2003. statement on the matter. [2088/04] The position in relation to the prioritisation of Minister of State at the Department of the further facilities at Maynooth Castle remains the Environment, Heritage and Local Government same. (Mr. N. Ahern): In terminating the new house The recent mid-term review of the national grant, the Government has sought to ensure fair development plan did not address the treatment by ensuring that people who had prioritisation of individual projects in the built already made commitments in the form of signed heritage area and adjustments in this regard will contracts or by the pouring of foundations or had continue to be considered in light of evolving occupied their houses on or before 14 November circumstances. 2002 were given an opportunity to apply for the grant. In providing a grace period up to 4 Question No. 1003 answered with Question December 2002 for cases such as these, first time No. 920. buyers who were at the most advanced stage of purchase or building are being facilitated as far Election Management System. as possible. 1004. Mr. McCormack asked the Minister for Regulations setting out the circumstances on the Environment , Heritage and Local which new house grants would be paid after 14 Government the steps he intends to take to November 2002 came into force on the day of redress the organised attempt by a group of the announcement. My Department published an people to manipulate the registration of voters by advertisement in the national press on 15 having addresses of convenience provided for November 2002 setting out the conditions for new people who are not in fact resident in an electoral house grant payment as stipulated in the area (details supplied). [2276/04] regulations. A further reminder was published in the press on Friday, 29 November 2002. Both Minister for the Environment, Heritage and press advertisements clearly stated that the Local Government (Mr. Cullen): The compilation closing date for receipt of applications was 4 of the register of electors is a matter for the December 2002. appropriate local registration authority working A total of 13,827 new house grant applications in conjunction with the county registrar and in were received in the housing grants section of my accordance with electoral law. Department in the three week period between 15 A person is entitled to be registered at the November 2002 and 4 December 2002. However, address where he or she ordinarily resides. because of the difficulties that have been faced Offences and penalties in relation to the by some housing grant applicants in meeting the registration of electors, including knowingly deadline of completing and occupying their new furnishing false information in an application for houses, I concluded that the fairest approach was entry on the register, and the prohibition on to extend the deadline for completion, occupation voting by a person registered as an elector when and receipt of a request for payment of the grant not entitled to be so registered are also set out in in my Department to Friday, 2 April 2004. In electoral law. returning their request for payment by the new My Department has issued a memorandum for deadline, applicants will have to produce guidance to registration authorities for the evidence of occupation. It should be emphasised preparation of the register of electors including that this extension applies only to those who such matters as consideration of applications submitted valid applications received prior to the from persons with more than one address and application deadline of 4 December 2002. Where consultations, where appropriate, with other all other conditions of the scheme are met, these registration authorities. Section 11 of the applicants now have until Friday, 2 April 2004 to Electoral Act 1992 specifically prohibits the complete and occupy their house and return a registration of a person as an elector more than request for payment to the Department. No once in any registration area and in more than exemptions were or will be provided for one registration area. 767 Questions — 27 January 2004. Written Answers 768

[Mr. Cullen.] takes place on a regular basis; and if he will make In addition, the returning officer or the a statement on the matter. [2056/04] presiding officer may of his or her own volition, Minister for Community, Rural and Gaeltacht or if so requested by a personation agent present Affairs (E´ amon O´ Cuı´v): The issue raised by the in the polling station, request any person at the Deputy in relation to Meelick Weir is the day to time of applying for a ballot paper to produce a day responsibility of Waterways Ireland, a specified document as proof of identity and if the North/South Implementation Body for inland person fails to produce such a document, or if the waterways, set up under the British-Irish returning officer or presiding officer is not Agreement. satisfied that the person is the person to whom Waterways Ireland informs me that all sluices the document relates, such person shall not be at Meelick Weir and the Marlborough Cut have permitted to vote. been fully open since 23 November 2003. All weir In prospect of the European and local elections boards were removed by 13 November 2003. in June 2004, I intend to review further the When all the weir boards have been removed and effectiveness of provisions designed to combat all the sluices have been opened, Waterways voter personation and to bring forward Ireland has no further control on water levels. improvements if necessary. Debris was last removed from the vicinity of the weir on 8 July 2003 and no debris has Security of the Elderly. accumulated since. Waterways Ireland monitors 1005. Dr. Upton asked the Minister for this weir regularly. Community, Rural and Gaeltacht Affairs if a person (details supplied) in Dublin 12 is entitled Decentralisation Programme. to a pendant alarm. [1703/04] 1007. Ms O. Mitchell asked the Minister for Minister of State at the Department of Community, Rural and Gaeltacht Affairs if a Community, Rural and Gaeltacht Affairs (Mr. N. survey of staff to determine interest in Ahern): The purpose of the scheme of participating in the decentralisation programme community support for older people is to improve has been undertaken in his Department; when it the security and social support of vulnerable will be completed; and if the results will be older people. This funding is provided by way of published or otherwise made available to grant aid to voluntary groups and organisations Deputies. [2337/04] that have undertaken to identify those elderly 1010. Mr. Rabbitte asked the Minister for people in need of assistance under the scheme. Community, Rural and Gaeltacht Affairs the Under the terms of the scheme, grant aid is measures he has taken to advance the available towards the once-off costs of purchase decentralisation to the west of Ireland of sections and/or installation of small-scale physical security of his Department or agencies or bodies for which equipment and socially monitored alarm systems. he has responsibility; and if he will make a Where socially monitored alarms previously statement on the matter. [1494/04] installed under this scheme are broken, a limited amount of funding is available towards the cost 1013. Mr. R. Bruton asked the Minister for of replacement. Community, Rural and Gaeltacht Affairs if Older people, that is, people aged 65 and over, assessments are under way in his Department on who are living alone or living in households made the activities proposed for decentralisation; the up exclusively of older people, or of older and impact on the operations of the Department; the other people who are dependent and vulnerable, risks to the organisation attendant on this move; are eligible for assistance under the scheme. the measures that will be put in place to minimise My officials are currently making arrangements disruption; and if these reports will be presented in relation to the administration of the scheme for to him at an early date for consideration. 2004 and the criteria pertaining. It is expected [1984/04] that the scheme will be advertised in the local and 1017. Mr. Kenny asked the Minister for national papers in the second quarter of the year. Community, Rural and Gaeltacht Affairs if a I attach for the Deputy’s information a list of survey of staff in his Department has been organisations funded under the scheme in the conducted to ascertain the number willing to take Dublin South region in 2003, any of which will be part in the Government decentralisation plans; if happy to apply for assistance on behalf of he will detail the results of any such survey and individuals in that area. the number of staff who wish to decentralise; and if he will make a statement on the matter. Inland Waterways. [2245/04] 1006. Mr. Naughten asked the Minister for Minister for Community, Rural and Gaeltacht Community, Rural and Gaeltacht Affairs if he Affairs (E´ amon O´ Cuı´v): I propose to take will ensure that Meelick Weir is fully opened to Question Nos. 1007, 1010, 1013 and 1017 alleviate the flooding south of Athlone; when together. debris was last removed from the vicinity of the Deputies will be aware that my Department weir; if he will ensure that such maintenance will decentralise to two locations — the Irish 769 Questions — 27 January 2004. Written Answers 770 language functions to Na Forbacha, Galway, no undue loss of expertise and knowledge in the where my Department already has an office, and Department arising from decentralisation. the remaining functions to Knock Airport, County Mayo. 1008. Mr. O’Connor asked the Minister for It is also intended to decentralise a section of Community, Rural and Gaeltacht Affairs to ADM to Clifden, County Galway and subject to report on his Department’s activities in respect of the approval of the North/South Ministerial Ireland’s EU Presidency; if he will outline his Council, 30 staff of Foras na Gaeilge will move to plans for the next few months; and if he will make Gweedore in County Donegal. a statement on the matter. [1221/04] To advance the decentralisation process in my Department, a decentralisation unit has been Minister for Community, Rural and Gaeltacht ´ ´ established comprising a higher executive officer Affairs (Eamon O Cuı´v): Since the and a clerical officer, reporting to the personnel commencement of Ireland’s EU Presidency, I officer. A departmental committee comprising have already had bilateral meetings in Dublin members of senior management and staff has also Castle with the EU Commissioners with been established. The first meeting of this responsibility for rural affairs and regional policy. committee was held on Wednesday, 14 January I am also addressing the Committee on and a liaison officer has been appointed to Agriculture and Rural Development in the maintain direct contact with the central European Parliament today. implementation committee and the Department As regards my Department’s plans, as I of Finance. informed the House in 2003 in response to similar Two special meetings of the partnership questions from Deputies, my Department’s committee have taken place to date to brief staff activities in respect of Ireland’s EU Presidency on issues arising relating to decentralisation. are as follows: conference on territorial cohesion, Appropriate contacts with union interests are formerly islands, Galway, 25 to 27 May 2004; also being maintained and a full briefing of conference on rural development, Westport, 30 information available to date has been given to and 31 May and 1 June 2004; and meeting of the union representatives through our national drugs strategy co-ordinators, Clontarf, 15 departmental council. Arrangements have also June 2004. been put in place whereby I will meet with the decentralisation committee on a regular basis. Community Development. All staff have access to a special decentralisation corner on our computer network 1009. Mr. Ring asked the Minister for in which relevant information regarding Community, Rural and Gaeltacht Affairs when decentralisation is being posted. A regular the umbrella organisation Coiste na n-Iarchimı´ bulletin will be circulated where answers to was formed; the breakdown on a yearly basis of questions raised by staff are answered — the first the money which has been provided to it; the of these issued on 16 January 2004. number of staff it employs; the offices which have A survey has not taken place in my been opened; and the amount it is costing on a Department to determine the interest of staff in yearly basis since it was formed. [1440/04] participating in the decentralising programme. Minister of State at the Department of However, officials working in the decentralisation Community, Rural and Gaeltacht Affairs (Mr. N. unit are at present engaged in compiling Ahern): Coiste na n-larchimı´ was established in information packs relating to the regions in 1998. Under the Peace II Programme, \658,564 question. It is intended that this information will has been allocated to Coiste na n-Iarchimı´ for the assist staff in making informed decisions about ’Process of Nation Building’ programme for the their future work locations. The Department’s period June 2002 to May 2004. This funding is training unit will also have a key role in supporting effective communications throughout towards the employment of two research staff, this challenging change process. Information three outreach workers, a project co-ordinator seminars on the decentralised locations will be and a financial administrator. held in due course. Under the community development The assessment of the impact of risks to the programme and the national programme for the organisation arising from decentralisation is re-integration of ex-prisoners, Coiste na n- clearly important. Drawing on the resources of Iarchimı´ has been funded to operate a Dublin the departmental committee and the experience office since 1999. Since June 2002, my of Departments which have decentralised Department has contributed as follows: 2002 — functions in the past, this issue will be carefully \68,000 core-funding and \25,000 capital grant considered and addressed over the coming towards premises renovation; 2003 — \136,000 period. My Department’s membership of the core-funding; and 2004 — \34,000 interim central liaison committee will also assist in this funding pending negotiation of contract. regard. Core funding covers the employment of three Timely intake of new staff and an appropriate staff members in addition to administration and training schedule can help ensure there will be overheads costs. 771 Questions — 27 January 2004. Written Answers 772

Question No. 1010 answered with Question funding being made available it is planned to No. 1007. offer up to 2,500 places on the scheme. It is planned that to be eligible to participate Community Development. on the scheme a person must be on farm assist 1011. Mr. O’Dowd asked the Minister for or possess a herd number and be in receipt of Community, Rural and Gaeltacht Affairs the unemployment assistance, unemployment reason applications for funding from a group benefit, if previously on community employment (details supplied) in County Louth, were not schemes, or disability allowance. granted; and the support or assistance which can Guidelines for the scheme, including detailed be given to them. [1768/04] criteria for participation, are currently being developed by my Department. Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Mr. N. Question No. 1013 answered with Question Ahern): The group referred to by the Deputy has, No. 1007. since 1998, been in receipt of core funding under the community development programme Inland Waterways. operated by my Department. The core funding 1014. Mr. Durkan asked the Minister for provided to projects included in the programme Community, Rural and Gaeltacht Affairs when allows for the employment of two full-time staff the Royal Canal will be fully navigable; and if he equivalent, together with the overheads and will make a statement on the matter. [1986/04] administration costs of running a resource centre. My Department does not generally provide Minister for Community, Rural and Gaeltacht funding above what is appropriate to meet this Affairs (E´ amon O´ Cuı´v): The issue raised by the staffing norm. Accordingly, projects are expected Deputy about the works on the Royal Canal to draw down additional funding for activities aimed at re-opening the waterway from Dublin undertaken or services provided from the to the River Shannon is the day to day relevant government Department or agency. responsibility of Waterways Ireland, a North- The core funding to the group in 2003 South Implementation Body for inland amounted to \87,000. The allocation to the group waterways, set up under the British-Irish for 2004 is currently being determined. Agreement. A limited amount of funding is also set aside The Royal Canal is open to navigation between each year to enable projects funded under the Dublin and Abbeyshrule, County Longford, a programme to apply for additional grants towards distance of 70 miles. Works to complete the equipment, refurbishment, premises, education, restoration of the remaining 20 miles are in training, networking and research. Given the progress; the construction of five road bridges to limited amount of funding available, it is not replace existing culverts, lockgate installation, always possible to fund every application reconstruction of bog embankments, the submitted by projects. In this context, provision of additional water supplies, as well as applications for funding in 2003 were asked to minor bank repairs. prioritise their application(s). The group in Under the National Development Plan 2000 — question has been successful in securing funding 2006, \15 million, in 1999 terms, has been through this once-off grant scheme in previous allocated to the Royal Canal restoration project. years and in 2003 I approved a grant of \3,050 Waterways Ireland also informs me that it hopes towards the cost of running courses in confidence to complete this project on time, subject to building through creative role play and drama, ongoing review in the light of other capital which the group identified as a priority over all investment priorities and value-for-money trends other applications. in overall construction costs affecting the civil engineering industry. Rural Social Scheme. 1012. Mr. Ring asked the Minister for Road Network. Community, Rural and Gaeltacht Affairs the 1015. D’fhiafraigh Mr. Gilmore den Aire details of the guidelines for the rural social Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta an scheme for farmers; the qualifying criteria; and if bhfuil se´ in ann deontas a chur ar fa´il i mbliana participants will be able to retain their farm assist faoi Chla´rnamBo´ ithre Straite´ise le feabhsu´ cha´n payments in conjunction with being on the rural a dhe´anamh ar an bho´ thar go hAerphort social scheme. [1798/04] Idirna´isiu´ nta Dhu´ n na nGall ag Carraig Fhinn, Cionn Caslach, Co. Dhu´ n na nGall. [2015/04] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): The aim of the scheme, Minister for Community, Rural and Gaeltacht as outlined in the Budget Statement, is to provide Affairs (E´ amon O´ Cuı´v): Ta´ prı´omhfreagracht directly improved rural services and at the same maidir le uasgra´du´ bo´ ithrı´ Gaeltachta ar an time to ensure an income for small farmers on U´ dara´s Gaeltacht. long-term social welfare benefits with a working Ta´ cla´r oibre 2004 faoi Sce´im na mBo´ ithre week compatible with farming. Based on the Stra´ite´iseacha sa Ghaeltacht a´ mheas ag mo 773 Questions — 27 January 2004. Written Answers 774

Roinnse agus Comhairle Contae Dhu´ n na nGall However, the intention is to make the services faoi la´thair. available as soon as possible thereafter to the widest possible number of customers by means of Harbours and Piers. the telephone and the network of public service local offices. 1016. D’fhiafraigh Mr. Gilmore den Aire The range of services is expected to grow Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta an quickly with the objective of having as many bhfuil se´ i gceist obair feabhsu´ cha´in a dhe´anamh ´ transactions as possible across the public service ar an Che´ ag Rannaigh, Oilea´nArainn Mho´ r, Co. on-line i.e. without having to complete paper- Dhu´ n na nGall. [2016/04] based application forms. This will facilitate Minister for Community, Rural and Gaeltacht quicker transaction times, more timely delivery of Affairs (E´ amon O´ Cuı´v): Ila´thair na huaire, ta´ services and the review of procedures to the ollchla´r infheistı´ochta ar che´anna oilea´nda a´ chur benefit of both the public service customer and i bhfeidhm ag mo Roinn faoin bPlean Forbartha provider. Na´isiu´ nta 2000 — 2006, a bhfuil se´ mar phrı´omh- Reach, the agency established to develop chuspo´ ir aige an caighdea´n rochtana chuig na integrated public service delivery in an electronic hoilea´n a fheabhsu´ . environment, is in the process of finalising a Ta´ suim de \1.203 million curtha ar fa´il ag mo contract for building the public service broker. Roinn chun oibreacha feabhsu´ cha´in ar an gce´ This will allow Reach to move ahead with firm fharanto´ ireachta ag An Le´ab Gharbh, Oilea´n plans for the development and delivery of the A´ rainn Mho´ r, a chur i gcrı´ch sa tre´imhse 1999 broker, with an initial live delivery of services — 2003. planned for June 2004. I 2001, ar iarratas o´ mo Roinn, chuir Comhairle Chontae Dhu´ n na nGall Re´amh-Thuarasca´il ar Decentralisation Programme. fa´il maidir le forbairt na saora´idı´ calaı´ochta ag Rannach, Oilea´nA´ rainn Mho´ r. Moladh dha´ 1019. Ms O. Mitchell asked the Minister for rogha sa tuarasca´il sin, i.e., sı´neadh 30m a chur Social and Family Affairs if a survey of staff to leis an gce´ ata´ ann faoi la´thair ar chostas \1.5 determine interest in participating in the million no´ sı´neadh 65m a chur le´i ar chostas \3 decentralisation programme has been undertaken million. Dheimhnigh an tuarasca´il chomh maith in her Department; when it will be completed; gur chun sochair thionscal na hiascaireachta and if the results will be published or otherwise a´itiu´ il a rachadh aon a´is nua ag an la´thair seo. made available to Deputies. [2338/04] Fuarthas meastacha´no´ n gComhairle Chontae 1036. Mr. Kenny asked the Minister for Social anuraidh maidir le costais deartha agus ullmhu´ and Family Affairs if a survey of staff in her doicime´ad conartha don togra seo. Department has been conducted to ascertain the I bhfianaise an tsola´thair ata´ ar fa´il dom le number willing to take part in the Government caitheamh ar fhorbairt che´anna ar na hoilea´in sa decentralisation plans; if she will detail the results che´ad chu´ pla bliain eile amach romhainn agus na of any such survey and the number of staff who n-e´ileamh e´agsu´ il ar an sola´thar sin, agus ag cur wish to decentralise; and if she will make a san a´ireamh an infheistı´ocht ata´ de´anta ar an gce´ statement on the matter. [2246/04] ag An Le´ab Gharbh cheana, nı´lse´ ar chumas mo Roinne tosaı´ocht a thabhairt don togra a´irithe seo Minister for Social and Family Affairs (Mary faoi la´thair. Coughlan): I propose to take Questions Nos. 1019 E´ sin ra´ite, a´fach, de´antar monato´ ireacht rialta and 1036 together. ar chur i bhfeidhm an chla´ir infheistı´ochta agus is My Department has established a formal fe´idir athbhreithniu´ a dhe´anamh ar iarratais ata´ project management structure to manage the ar la´imh, i gca´s go dtiocfadh athru´ substaintiu´ il ar decentralisation programme within the an gcla´r seo. organisation. The structure will support the two phases of the decentralisation programme i.e. the Question No. 1017 answered with Question development of an overall departmental strategy No. 1007. and the development and implementation of plans for decentralising individual sections. Public Service Broker. As an input to the planning process, a survey is being conducted to establish initial indicators 1018. Mr. Broughan asked the Minister for of interest in the various decentralisation Social and Family Affairs the progress being locations. It is expected that the results of this made on the creation of the public service broker; survey will be available in the next few weeks. and the situation with regard to the Reach programme. [1683/04] Social Welfare Benefits. Minister for Social and Family Affairs (Mary 1020. Mr. Murphy asked the Minister for Social Coughlan): The public service broker is a key and Family Affairs the reason a person (details element in the Government’s plans to streamline supplied) in County Cork was asked to return and modernise public service delivery. It will their disability book. [1111/04] offer agencies a reliable way to share data electronically and provide a single point of access Minister for Social and Family Affairs (Mary to public services for citizens and businesses. Coughlan): Persons in receipt of disability Initially these services will be available to those allowance may receive an increase in respect of a with domestic and business access to the Internet. qualified child dependant. This payment ceases 775 Questions — 27 January 2004. Written Answers 776

[Mary Coughlan.] area was also emphasised when my colleague, the when the child reaches 18 except in certain Minister of State for labour, and I, in company circumstances where a child is in full time with the Commissioner and our Dutch and education. Luxembourg colleagues, met with EU-level social The person concerned is in receipt of a child partners and social platform at our Troika dependant allowance at half rate for each of three meeting. children. This amounts to \25.20 per week. The The Irish Presidency will work to secure, for rate is scheduled to be reduced from 28 January the first time, an agreed high level key messages 2004 as her son has reached 18 and is not in full paper for the spring European Council which will time education. The new child dependant reflect the in an integrated way the Council’s allowance book at \16.80 per week in respect of work on social inclusion, pensions, demographic her two remaining qualified children will be developments, making work pay, gender equality issued to her post office from that date. and the employment-related policy challenges addressed in the report of the European EU Presidency. employment task force and elsewhere. 1021. Mr. O’Connor asked the Minister for The issue of migration is another of our Social and Family Affairs to report on her priorities for my Department during the Irish Department’s activities in respect of Ireland’s EU Presidency. We will be hosting a conference in Presidency; if she will outline her plans for the April, the theme of which will be “Reconciling next few months; and if she will make a statement Mobility and Social Inclusion”. Its main focus will on the matter. [1222/04] be on the role of social and employment policies in achieving social inclusion for people moving Minister for Social and Family Affairs (Mary within the EU. Coughlan): My overall focus for the Irish A major priority in this context for the Irish Presidency will be to advance the EU social Presidency will be to work for adoption by the policy agenda generally and in particular, make Council of Ministers and the European progress in delivering on the ten year goals set by Parliament of the proposals to simplify and the Lisbon European Council in 2000. modernise the EU regulations on social security One of the ambitious goals of the Lisbon of migrant workers. This will provide workers and agenda is to achieve greater social cohesion. their families moving within the EU with a more Following the submission of the second round streamlined set of rules aimed at protecting their national action programmes on social inclusion social security and health care rights. 2003 — 2005 the Commission adopted its second Following the accession of the ten new member report on social inclusion in December 2003. A states in May next, we will host a special joint Council-Commission inclusion report will be conference, in co-operation with the Hungarian considered by the Council of Ministers in time for Government and the Commission. The presentation to the spring European Council. conference will address both the implications of The Irish Presidency will further develop an the current reform of the regulations for all 25 initiative taken by previous Presidencies by states and the particular implementation hosting a third meeting of people experiencing challenges facing new member states in this field. poverty. Our aim is to further develop ways of promoting participation by, and consultation In the area of family policy and to mark the with, people experiencing poverty in the context tenth anniversary of the UN International Year of developing policies in this area. of the Family, the Irish Presidency will host a A key policy area is “Making Work Pay”, major international conference the title of which which explores how the interaction between will be “Families, Change and Social Policy in social protection and employment policies affects Europe”. peoples decisions to seek, take up, and remain in I am happy that these events represent a work. As part of our contribution to modernising substantial Irish Presidency programme of work social protection systems, this issue was chosen which will make a significant contribution to as the main theme for discussion at the Informal moving forward the EU social policy agenda. Council of Ministers for Employment and Social Policy, which was held in Galway earlier this Social Welfare Benefits. month. The meeting considered three specific 1022. Mr. Durkan asked the Minister for Social aspects, namely, prevention and activation and Family Affairs if a back to education measures; reconciling work and family life and allowance is payable in respect of persons prolonging working life. undertaking an ambulance attendant training Ministers and the Commissioner agreed that course, with particular reference to a person social protection systems need to strengthen the (details supplied) in County Kildare who started incentives and supports offered to people moving their training on 12 January 2004 at St. Mary’s, from benefits to work but that this should not call Phoenix Park, Dublin; and if she will make a into question their primary role in providing statement on the matter. [1337/04] adequate benefits to people who need them. Ministers also agreed to strengthen actions to Minister for Social and Family Affairs (Mary improve incentives to work for older people and Coughlan): At present, to qualify for to minimise incentives for early retirement. The participation in the back to education allowance importance of striking a proper balance between scheme an applicant must, inter alia, be in receipt employment and social protection policies in this of a relevant social welfare payment for at least 777 Questions — 27 January 2004. Written Answers 778 six months, 156 days, immediately prior to Minister for Social and Family Affairs (Mary commencing an approved course of study. Coughlan): As stated in my reply to The person concerned was not in receipt of a Parliamentary Question No. 305, which I relevant social welfare payment prior to answered on 17 December 2003, the undertaking a course of training and, supplementary welfare allowance scheme, which furthermore, the course being undertaken is not is administered by the health boards on behalf of recognised for the back to education allowance my Department, allows a health board to make a scheme. This person is not, therefore, eligible for single payment, known as an exceptional needs the allowance. payment, to help meet essential, once-off, exceptional expenditure which a person could not Social Welfare Code. reasonably be expected to meet out of his or her weekly income. 1023. Mr. Ring asked the Minister for Social The Western Health Board has advised that and Family Affairs the regulations she signed in some 35 exceptional needs payments were issued relation to the recent announcement of the 16 to families affected by the landslide. The board cutbacks. [1365/04] has confirmed also that every family in the Minister for Social and Family Affairs (Mary affected area was visited and that all applications Coughlan): The following regulations were made for assistance were approved. in connection with my recent announcement regarding adjustments to the social welfare code: Social Welfare Benefits. Statutory Instruments: S.I. 696 of 2003 — 1025. Mr. Allen asked the Minister for Social effective from 19 January 2004, discontinuing the and Family Affairs if she will increase the limit of transitional half-rate payment for lone parents the allowance governing the payment of benefits where a recipient of one-parent family payment to qualified adults. [1405/04] takes up employment and his or her earnings are in excess of \293 per week; S.I. 725 of 2003 — Minister for Social and Family Affairs (Mary effective from first week January 2004, increasing Coughlan): Social welfare legislation currently the weekly earnings threshold for the purposes of provides for the gradual reduction of the payment of reduced rates of disability benefit and qualified adult allowance, QAA, for claimants of unemployment benefit from \88.88 to \150; S.I. certain welfare payments, where the qualified 727 of 2003 — effective from 5 January 2004, adult is earning \88.88 or more up to \210 per increasing the minimum weekly contribution week, at which point the QAA is fully withdrawn. recipients of supplementary welfare allowance The initial threshold of \88.88 together with the rent supplement are required to make towards gradual withdrawal ensure that a spouse is not their accommodation by \1; S.I. 727 of 2003 — unduly penalised for taking up employment. effective from 1 January, 2004, increasing the A number of changes to these tapered amount of diet supplement paid to \44 and, in arrangements have been introduced in recent relation to certain diets, to \57; S.I. 728 of 2003 — years to ensure that the impact of increases in effective from 31 January 2004, enabling health earnings are not negated for families where the boards to refuse rent supplement in cases where spouse is the sole earner and is in low paid the applicant has not already been renting for six employment. For example, the range of income months, with provisions for exceptions in relation over which the QAA is withdrawn has been to homeless people and other vulnerable groups, progressively extended. For instance, in 1999 the and providing for referral of claimants for rent QAA was withdrawn over an income range of supplement to the local authority for an \76.18 to \114.28. The current range is \88.88 to assessment of housing need and providing that \210.00. Furthermore, whereas prior to March rent supplement will no longer be paid to people 2000 the child dependant allowance, CDA, was who have not accepted a second offer of local halved where a tapered rate of QAA was authority accommodation within a continuous 12 payable, full CDA is now payable in such cases. month period or who leave local authority The question of further extending the QAA accommodation without good cause; and S.I. 17 income range would be a matter for consideration of 2004 — effective from 19 January 2004, in a budgetary context and in the context of discontinuing, for new claimants, entitlement to priorities generally. half-rate disability benefit and other benefits where the recipient is in receipt of 1026. Mr. Ring asked the Minister for Social widow’s/widower’s pension or one-parent family and Family Affairs the number of applications payment. received by the health boards for the back to The remaining adjustments to the social school clothing and footwear allowance in 2003; welfare code were either made by amending the number of applications granted; the number legislation in the Social Welfare Act 2003 or do refused; and the number of children involved. not require legislative amendments. [1413/04]

Mayo Landslide. Minister for Social and Family Affairs (Mary Coughlan): The back to school clothing and 1024. Mr. Ring asked the Minister for Social footwear allowance scheme is designed to and Family Affairs the funding provided from her provide assistance towards the cost of school Department towards the landslide in North clothing and footwear for children attending Mayo. [1368/04] primary and post-primary schools. The scheme 779 Questions — 27 January 2004. Written Answers 780

[Mary Coughlan.] Most of the costs quoted in the article operates from the beginning of June to the end mentioned by the Deputy relate to of September each year and is administered on accommodation and other costs of the asylum behalf of my Department by the health boards. process incurred by the Department of Justice, A person may qualify for payment of a back to Equality and Law Reform. school clothing and footwear allowance if he/she All the other statistics in the article relate to is in receipt of a social welfare or health board the asylum process which is the responsibility of payment, is participating in an approved my colleague, the Minister for Justice, Equality employment scheme or attending a recognised and Law Reform. In the circumstances, it would education and training course and has household be a matter for the Department of Justice, income at or below certain set levels. Equality and Law Reform to confirm whether or Under the scheme an allowance of \80 is not the information is accurate. payable in respect of qualified children aged from two to 11 years and an allowance of \150 is Social Welfare Appeals. payable in respect of qualified children aged from 1028. Ms O. Mitchell asked the Minister for 12 to 22 years. Social and Family Affairs when the decision of A total of 81,851 applications for the allowance the oral hearing in respect of pension payments were received in 2003. Allowances were awarded for a person (details supplied) will be in 75,202 cases covering 172,123 children. A total implemented as promised. [1422/04] of 6,649 applications were refused. Minister for Social and Family Affairs (Mary Asylum Support Services. Coughlan): The retirement pension appeal of the person concerned was considered by an appeals 1027. Mr. R. Bruton asked the Minister for officer and was disallowed following an oral Social and Family Affairs if her Department hearing. The person has been informed. Under publishes figures for the cost of supporting the social welfare legislation decisions on claims must living expenses of asylum seekers; if she monitors be made by deciding officers and appeals officers. newspaper reports on this issue to ensure that These officers are statutorily appointed and I misleading reports do not get into circulation; and have no role in regard to making such decisions. her views on the veracity of a newspaper article A question as to information which was (details supplied). [1420/04] previously supplied to the person concerned in Minister for Social and Family Affairs (Mary connection with his insurance record is being Coughlan): The income maintenance needs of dealt with separately and my Department will be asylum seekers are met for the most part through in further contact with him in relation to this the supplementary welfare allowance scheme matter. which is administered on behalf of my Department by the health boards. Departmental Records. In the case of asylum seekers who are catered 1029. Mr. Crowe asked the Minister for Social for within the direct provision system which is and Family Affairs the number of files in his operated by the Department of Justice, Equality Department for 1973 released to the National and Law Reform a reduced rate of Archives under the 30 year rule; the number supplementary welfare allowance is paid to take withheld; and the subject matter of the files account of the fact that they are provided with withheld. [1593/04] full board and other services within that system. My Department does not publish details of Minister for Social and Family Affairs (Mary expenditure relating specifically to asylum Coughlan): My Department released 27 files from seekers. Details of social welfare recipients’ 1973 to the National Archives this year under the immigration status are not held on my 30 year archive rule. There were no files from Department’s computer systems. It is not 1973 withheld by my Department. possible, therefore, to identify expenditure relating specifically to asylum seekers. However, Social Welfare Benefits. the Department’s records show that expenditure 1030. Mr. Rabbitte asked the Minister for in 2003 under the supplementary welfare Social and Family Affairs the modification or allowance scheme in cases where the head of alteration to any of the changes subsequently household was a non-national was in the region agreed in respect of her announcement of 13 of \132.5 million. The expenditure includes November 2003 of changes to a range of social payments to people who are asylum seekers, welfare schemes; and if she will make a statement former asylum seekers who have been granted on the matter. [1720/04] leave to remain in the State by the Minister for Justice, Equality and Law Reform, refugees and Minister for Social and Family Affairs (Mary other non-nationals with no present or former Coughlan): Expenditure on various social welfare connection to the asylum system. payments is reviewed on an ongoing basis by my A small number of asylum seekers are in Department to ensure that the schemes continue receipt of other social welfare payments such as to meet their objectives. unemployment payments, one-parent family The measures as announced in November 2003 payments, pensions, disability allowance and are being implemented. They are reflected in the child benefit. Details of the numbers and costs Abridged Estimates Volume for 2004 and the are involved in these categories are not available. designed to ensure that social welfare spending is 781 Questions — 27 January 2004. Written Answers 782 better focused and that the available resources Minister for Social and Family Affairs (Mary are used to benefit those most in need. For the Coughlan): Following the extension of class A most part the measures will not affect existing PRSI to community employment, CE, workers in claimants but will apply to new claimants from 1996, the position is that they are treated in the various dates in 2004. same way as other class A workers insofar as social insurance entitlements are concerned. 1031. Dr. Upton asked the Minister for Social CE workers who are unemployed following and Family Affairs if a person (details supplied) completion of a CE scheme may qualify or re- in Dublin 10 is entitled to a free travel pass. qualify for unemployment benefit instead of long- [1776/04] term unemployment assistance by virtue of having paid class A PRSI contributions. Minister for Social and Family Affairs (Mary Secondary benefits are not payable with Coughlan): To qualify for a free travel pass, a unemployment benefit. person under age 66 must be in receipt of a If a person is entitled to unemployment benefit qualifying social welfare or similar payment. The she or he may opt to claim unemployment person concerned is under age 66 and is receiving assistance, including secondary benefits, if it is deserted wife’s benefit and disability benefit from more advantageous to do so and provided she/he the Department. As neither of these benefits are satisfies a means test. qualifying payments for free travel scheme 1034. Mr. Durkan asked the Minister for Social purposes, she is not entitled to a travel pass under and Family Affairs what constitutes full-time care the scheme. and attention in the course of a seven day week 1032. Mr. R. Bruton asked the Minister for regarding an application for the carer’s Social and Family Affairs the reason she has allowance; and if she will make a statement on introduced new arrangements during 2003 the matter. [1952/04] regarding the deduction of accrued holiday pay from persons who are on temporary lay-off from Minister for Social and Family Affairs (Mary their job; and if she will make a statement on the Coughlan): One of the principal conditions for receipt of the allowance is that full-time care and matter. [1803/04] attention is required and being provided by the carer. Under the legislative provisions full-time Minister for Social and Family Affairs (Mary care and attention means that the care recipient Coughlan): Social welfare legislation provides for must be so disabled as to require continuous the payment of unemployment benefit in respect supervision and frequent assistance throughout of days of unemployment. Any day on which a the day in connection with their normal personal person either receives or has an entitlement to needs. In addition, the care recipient must be so holiday pay is not regarded as a day of disabled as to be likely to require this care for at unemployment and a person has no entitlement least 12 months. to unemployment benefit in respect of that day. My Department takes the view that full-time With the exception of people in school-related care and attention does not necessarily mean 24 employment, people in seasonal, term or limited hours in each day. Full-time care and attention contract employment who claimed can be considered to apply where there is an unemployment benefit up to 2003 had to supply ongoing and daily commitment by the carer, and details of all holiday pay entitlements due during which also generally results in the carer not being each temporary lay-off period. Negotiations able to support himself or herself through normal between the Department of Education and full time employment. Science and the teacher unions on the Carer’s allowance applications are assessed on implementation of the provisions of the an individual basis having regard to the medical Protection of Employees (Part-Time Work) Act and other related evidence supplied by the 2001 were concluded last year. This Act provides applicant. However, as the objectives of the for additional holiday pay in certain cases. carer’s allowance scheme are designed for full- Following the conclusion of these negotiations, time carers, part-time carers and carers of persons the provisions in relation to the treatment of in residential care do not fall within the scheme accrued holiday pay for unemployment benefit objectives. purposes generally were extended to people in Under social welfare legislation decisions in school-related employment. These provisions are relation to claims must be made by deciding officers and appeals officers. These officers are that unemployment benefit is not paid in respect statutorily appointed and I have no role in regard of any day for which there is an entitlement to to making such decisions. holiday pay. The new procedures are designed to ensure that all persons on temporary lay-off from Decentralisation Programme. their employment were treated in a similar manner. 1035. Mr. R. Bruton asked the Minister for Social and Family Affairs if assessments are 1033. Mr. Allen asked the Minister for Social under way in her Department; the activities and Family Affairs if participants in community proposed for decentralisation; the impact on the employment schemes are entitled to retain their operations of the Department; the risks to the secondary benefits when they go back on organisation attendant on this move; the unemployment assistance. [1809/04] measures that will be put in place to minimise 783 Questions — 27 January 2004. Written Answers 784

[Mr. R. Bruton.] Question No. 1036 answered with Question disruption; and if these reports will be presented No. 1019. to her at an early date for consideration. [1985/04] Social Welfare Benefits. Minister for Social and Family Affairs (Mary 1037. Mr. Ring asked the Minister for Social Coughlan): As part of the major decentralisation and Family Affairs the reason a claim for programme for the Civil Service announced on unemployment benefit made by a person (details budget day, 3 December 2003, it is proposed that supplied) on 10 November 2003, and awarded at 1,300 posts in the headquarters of my the maximum rate for 390 days, has not been Department and two of its agencies, Comhairle made to that person; the reason her Department and the Combat Poverty Agency, which are reduced this benefit with effect from 8 January 2004, treating this as a new claim, rather that currently based in Dublin, will move to various continuing payment of the rate previously provincial locations. approved for the full duration of 390 days; and if My Department has established a formal the rate can be restored to the amount awarded project management structure to manage the last November. [2275/04] decentralisation programme within the organisation. Minister for Social and Family Affairs (Mary My Department has previous experience of the Coughlan): The maximum period for which issues associated with decentralisation, having unemployment benefit can be paid is 390 days. If, relocated functions and staff out of Dublin to at the end of a period of unemployment, a person Sligo, Letterkenny, Longford, Waterford and has not exhausted his/her full 390 days Dundalk. entitlement, the remaining days of entitlement The new programme of decentralisation will are carried forward to the next linked period of involve major change for my Department and a unemployment. key objective will be to ensure that it is The person concerned had a number of linked unemployment benefit claims in the period from implemented in a planned way and with due October 2000 to January 2004. On 7 January regard to the effects on staff and the maintenance 2004, the total number of days of unemployment of high standards of service delivery. over the period reached 390. The person A detailed project plan covering all aspects of concerned, however, requalified for a further 390 the decentralisation process for my Department days’ benefit from the 8 January 2004, based on and the two agencies involved is being prepared. his contribution record. The plan will set out the business areas to be The rate of unemployment benefit payable is located to each location; the timing of each determined by reference to the person’s weekly relocation; staff placement and training plans; the earnings in the governing contribution year, estimated resources required to complete the currently 2002. At present, to receive the project; the risks associated with the project; and maximum rate of unemployment benefit, a the contingency plans to deal with those risks. claimant must have had average weekly earnings Plans for all of the Departments involved will of at least \150 in the governing contribution be considered by the decentralisation year. The person concerned was awarded benefit implementation committee established by the at the weekly rate of \105.60, based on his Government which is due to submit an initial average weekly earnings of \143.19 in the report by end March 2004 on the implementation governing contribution year. of the overall programme. Under social welfare legislation decisions in My Department will report progress on the relation to claims and the insurability of implementation of the plan on a regular basis to employment must be made by deciding officers the implementation committee, which will report and appeals officers. These officers are statutorily in turn to the special Cabinet sub-committee appointed and I have no role in regard to making which is overseeing the programme as a whole. such decisions.