Da´Il E´Ireann

Vol. 698 Tuesday, No. 3 15 December 2009

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 15 December 2009.

Ceisteanna—Questions Taoiseach ………………………………… 389 Minister for Foreign Affairs Priority Questions …………………………… 399 Other Questions …………………………… 410 Adjournment Debate Matters …………………………… 414 Leaders’ Questions ……………………………… 414 Request to move Adjournment of Da´il under Standing Order 32 ……………… 422 Order of Business ……………………………… 422 Referral to Select Committee: Motion ……………………… 437 Orders of Reference of Committee: Motion ……………………… 438 Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Orders for Second Stage …………………………… 438 Second Stage ……………………………… 438 Private Members’ Business Social Welfare Cuts: Motion ………………………… 456 Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Second Stage (resumed) … … 476 Adjournment Debate Hospital Services ……………………………… 505 Medical Cards ……………………………… 507 Private Rented Accommodation ………………………… 509 Relocation of VEC Centre ………………………… 512 Questions: Written Answers …………………………… 515 DÁIL ÉIREANN

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Dé Máirt, 15 Nollaig 2009. Tuesday, 15 December 2009.

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Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m.

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Paidir. Prayer.

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Ceisteanna — Questions.

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European Council Meetings. 1. Deputy Eamon Gilmore asked the Taoiseach if he has received an agenda for the proposed EU summit on 19 November 2009; and if he will make a statement on the matter. [41721/09]

2. Deputy Enda Kenny asked the Taoiseach if he will report on his attendance at the special European Council meeting on 19 November 2009; and if he will make a statement on the matter. [42727/09]

3. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the outcome of the EU summit held on 19 November 2009. [43233/09]

4. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he will make a statement on the outcome of the EU summit of 19 November 2009. [44310/09]

5. Deputy Eamon Gilmore asked the Taoiseach if he has received a final agenda for the European Council meeting on 10 and 11 December 2009; and if he will make a statement on the matter. [45391/09]

6. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he will report on his participation in the European Council meeting of 10 and 11 December 2009; and if he will make a statement on the matter. [46883/09]

7. Deputy Billy Timmins asked the Taoiseach his role in the recent appointment of the President of the European Council and of the high representative; and if he will make a statement on the matter. [46821/09]

The Taoiseach: I propose to take Questions Nos. 1 to 7, inclusive, together. I attended the informal European Council in Brussels on Thursday, 19 November. The meeting was convened by the Swedish Presidency to discuss the appointment of the President of the European Council and the high representative of the Union for foreign affairs and security policy. As is well known by now, the European Council agreed that Herman Van Rompuy be 389 Ceisteanna — 15 December 2009. Questions

[The Taoiseach.] appointed as President of the European Council and that Catherine Ashton be appointed high representative. I welcome these appointments which provide clarity as we embark upon managing our Union under the altered rules of the Lisbon treaty. The President of the European Council will be tasked with bringing greater coherence to the European Council’s work, while the high representative faces the challenge of building up the new European external action service, which will represent Europe abroad. I wish both Mr. Herman Van Rompuy and Ms Catherine Ashton every success in their new roles and I assure them of the Irish Government’s full support as they assume their new responsibilities. I attended the European Council meeting in Brussels on 10 December and 11 December. This was the first meeting of the European Council since the entry into force of the Lisbon treaty. The Council discussed the various implementation measures, such as the establishment of the European external action service, on which Ms Catherine Ashton is invited to bring forward proposals next year. The Council also invited the European Commission to present a legislative proposal on the citizens’ initiative with a view to its adoption in the first half of 2010. Most of the discussion at the Council was taken up with economic, financial and employment matters, and with climate change in light of the Copenhagen conference. With regard to the economic circumstances, the Council noted there are signs of stabilisation and agreed on the importance of developing credible and co-ordinated strategies, within the framework of the Stability and Growth Pact, for exiting from the broad-based stimulus packages once recovery is fully secured. The Council agreed a new structure for financial supervision in Europe, including three new supervisory authorities for banks, insurance and securities markets. It will enter into force in 2010. These new supervisory authorities are intended to be able to act effectively in the event of financial emergencies and ensure the consistent application of EU law. The matter now goes to the European Parliament and I look forward to a successful and early outcome, given what I believe is a near universally shared desire to see this new regime in force as soon as possible. There was a preliminary discussion on the nature of the successor to the Lisbon strategy for growth and jobs, which is expected to be known as “EU 2020”. However, a broad cross-cutting strategy such as this requires the full input and engagement of the new Commission. Therefore, a fuller discussion is needed at political level. President Van Rompuy signalled this would be among the subjects for discussion at an informal meeting of the European Council in February. For our part, we will be emphasising, among other things, the importance of sustaining and creating employment. The Council discussed the climate change negotiations in Copenhagen and reconfirmed the position it agreed at the October Council regarding a commitment to step up to 30% emission reductions provided that other nations make comparable commitments. The Council also agreed that the Union and its member states would contribute \2.4 billion annually to fast- start financing for the years 2010 to 2012. Ireland is very supportive of fast-start financing and I have made a commitment on behalf of Ireland for an amount of up to \100 million over three years. This is a very significant contribution at any time, but especially in the budgetary context we face today. It reflects our fair share of the Union’s efforts and is consistent with our long- standing commitment to contribute on that basis. The Council also adopted a new multi-annual programme, known as the Stockholm programme, for the further development of an area of freedom, security and justice for the years 2010 to 2014. We can expect to see improvements in the coming five-year period in mutual recognition and in strengthening co-operation on law enforcement, border management, civil protection and disaster management. 390 Ceisteanna — 15 December 2009. Questions

On external relations, the Council adopted conclusions on the Eastern Partnership and the Union for the Mediterranean, in addition to declarations on Iran and Afghanistan.

Deputy Eamon Gilmore: Some surprise was expressed throughout Europe over the identities of the new President of the European Council and the High Representative of the Union for Foreign Affairs and Security Policy. Was the Taoiseach consulted on the two appointments before the meeting on 19 November? When was he first informed about them? What is the anticipated size of the European external action service, which is to be under the control of the High Representative of the Union for Foreign Affairs and Security Policy, Ms Catherine Ashton? How will it be composed? I wish to turn to the fund of \100 million to be provided for climate change measures. Will the Taoiseach assure the House that the Irish contribution to the fund will not come out of the existing development aid budget but be additional moneys? The December summit discussed measures relating to employment and support for those losing their jobs. What specific measures were discussed?

The Taoiseach: The Swedish EU Presidency had been involved in a series of discussions in the days previous to the Council meeting. Having listened to all member states, it put forward one nomination for the post of Presidency of the Council of the European Union based on the broadest consensus available. Similarly, it put one nomination for the post of High Representa- tive of the Union for Foreign Affairs and Security Policy. One would have been notified about it informally prior to the meeting beginning. The formal position was then put at the meeting. A detailed proposal on the size of the external action service must come from the high representative in early 2010. That will be then considered by the Council for the purposes of developing the service. It will comprise representatives from all member states but it will have to be worked out proportionately. A commitment was sought by the EU Presidency for Ireland to make a fair, reasonable and proportioned contribution to the amount for the fast-start climate finance package. In discussions with the presidency, it was confirmed that an amount of approximately \100 million over three years would be regarded as fair and reasonable on Ireland’s part. The Government will have to decide as to how this will be funded in due course. The figure has been put down as a negotiating position by the EU as it goes into the final week of the Copenhagen summit to indicate the seriousness of the EU governments’ intent. It will involve additional moneys but it may also involve some existing moneys that are yet to be decided when programmes are reoriented in the future. That is a matter for a Government decision. We were asked to make a commitment at the Council meeting and I made that. The existing European Commission will re-evaluate the existing Lisbon strategy’s ten-year economic programme. A-lessons-learned paper will emerge from this process. The incoming Commission will develop proposals to be named EU 2020. At the dinner after last week’s meeting, the incoming Council President indicated he believes the Council discussing broad economic strategy will be the most important issue in his term over the next two and a half years. During 2010 an EU 2020 strategy will be formulated which will feed into the discussions on the budgetary process after 2013, talks on which are to begin in 2011. As the Lisbon strategy will end in 2010, the idea is to begin political discussions now and consider Commission proposals for the development of an EU 2020 strategy. This will form the basis of discussions on the budget the following year. 391 Ceisteanna — 15 December 2009. Questions

Deputy Eamon Gilmore: Do I understand correctly from the Taoiseach’s reply that he was not consulted in advance in regard to the identity of the President of the Council or the high representative and that he only first heard about it before the formal meeting on 19 November commenced? Do I also understand correctly that at least part of the money for the climate fund will come from the existing development aid budget? I would like to pursue employment matters a little more with the Taoiseach. The Taoiseach referred to 2020 but there are more immediate requirements in terms of people who are losing their jobs. The Taoiseach will recall that President Barosso visited Limerick in September shortly before the referendum on the Lisbon treaty at which time an announcement was made of \22 million being made available, mostly from the EU globalisation fund, for the retraining of former workers at Dell and the associated companies which closed as a consequence of its closure. I visited the mid-west last weekend and met with former Dell workers and some of the representatives of its committee. They told me that the fund has not yet been drawn down and that they do not know where to apply for funding in this regard; that the Tánaiste and Minister for Enterprise, Trade and Employment has not put in place the means by which those funds can be drawn down and made available to former Dell workers who have lost their jobs, some of whom may wish to start new businesses or to return to education and training; and that there is a two-year life on this fund dating from the date on which the application was made for it, leaving only 18 months within which this money can be spent. To date, there is not even a post box number to which former Dell workers can make an application for funding from this fund which was announced with such great fanfare in Limerick. I am sure the Minister for Defence, Deputy O’Dea, will recall that announcement. However, nobody knows from where they can obtain this funding.

Deputy Willie O’Dea: I was there at the time.

Deputy Eamon Gilmore: I am sure the Minister was there.

The Taoiseach: On the first matter, as I said to the Deputy, I made clear to the Presidency my views regarding our preferences in respect of that position. The Deputy will be aware of this as we have previously discussed this matter at Question Time. Clearly I would not stand in the way of a consensus should one emerge. As one must, I left it with the Presidency to make the assessment in regard to what proposal it would bring forward. What emerged was a proposal that did meet with the full agreement of Council. That was our position and I have no problem with that. As regards the funding, that matter is being dealt with by the Department of Enterprise, Trade and Employment. Project management staff are being put in place to deal with the matter.

Deputy Eamon Gilmore: When?

The Taoiseach: I understand that will happen this week.

Deputy Eamon Gilmore: I am glad to hear that.

The Taoiseach: I thank the Deputy for reminding us about it.

Deputy Eamon Gilmore: I will inform the representatives that the Taoiseach has responded positively to my questions.

The Taoiseach: The Deputy should let Alan know. 392 Ceisteanna — 15 December 2009. Questions

Deputy Willie O’Dea: I have already told——

Deputy Joe Costello: The Minister for Defence has already issued a leaflet.

Deputy Enda Kenny: What targets in respect of emission reductions have been agreed by Government? Will the Minister for the Environment, Heritage and Local Government, Deputy Gormley, outline while in Copenhagen or in this House when he returns the structure in terms of how such targets are to be achieved? The Taoiseach announced a \100 million contribution from Ireland over three years to the fast-start climate package. The Government has not made this announcement without knowing what contribution will be made in 2010 and from where that money will come. I do not think the Taoiseach responded to a question from Deputy Gilmore in that regard. Perhaps the Taoiseach will indicate what amount it is expected will be contributed in 2010 and from what source this money will come. If one makes a recommendation in respect of such a contribution one will know from where that money is coming. Is the Taoiseach satisfied that we are doing enough in terms of meeting our targets and potential in respect of renewable energy? We have lost a great deal in terms of investment in pilot schemes in respect of wave and tidal energy. The ongoing rows in regard to foreshore Acts in the Departments of Agriculture, Fisheries and Food and Environment, Heritage and Local Government have resulted in our failing to do what we should be doing. There is much potential in renewables in the west and northwest. Clare County Council has examined the potential of its county in terms of high, medium, low and no potential for wind and is inserting a material contravention of its county development plan to meet that need. If that were to be replicated right across that stretch of countryside up as far as Donegal, significant potential could be identified, but there is no follow through in terms of asking EirGrid how it intends to plug into this potential. If we are really serious about meeting the targets set out by Government, of which the Ministers, Deputy John Gormley and Deputy Eamon Ryan, speak, then we should be far more energetic and aggressive about putting in place the structures to deal with them. Is the Taoiseach happy he is driving this hard enough so that we can have a realistic chance of measuring up to the targets set by the Government?

The Taoiseach: Yes. As I stated on the earlier matter, this a negotiating position developed by the European Union at the meeting of the European Council last week, and specifically suggesting a figure as to the amount the European Union would be prepared to provide. In terms of the overall global amount of approximately \7 billion, the indication is that \2.4 billion would be forthcoming from the European Union. That is a significant statement. In that context, all countries — although there might be some which would have an even more severe difficulty than Ireland — provided, in an act of solidarity, a contribution. As I stated, what was regarded as fair and reasonable in our context was \100 million over three years. That amount could vary annually within the three-year total — we must work that out. However, the commitment has been made and it will be honoured. Obviously, we must discharge our obligations in that regard. Deputy Kenny raised the issue of developing sustainable energy policy. We are on track to meet the 40% target within the timeframe outlined. As the Deputy will be aware, there has been significant investment in developing sustainable energy capacity in the country in recent years and the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, has been proactive in that area. 393 Ceisteanna — 15 December 2009. Questions

[The Taoiseach.]

As I stated, there is an ambitious national target to increase the contribution from renewables to 40% by 2020. It is true that ocean energy technologies are still in the research and development phase globally. A major programme of activity, grants and supports here in Ireland to develop ocean energy was announced by the Minister in 2008. It is being overseen and implement by the ocean energy development unit in Sustainable Energy Ireland, working with key players in partnership. We have set out the smart-metering programme. The Minister has set ambitious targets for vehicles. The Deputy will have seen Science Foundation Ireland bringing forward a third pillar for grant-in-aid on basic energy research and development in the areas of sustainable energy and energy efficient technologies last year and that new role will underpin the supply of more innovation in the sustainable energy sector in the long term. Commercialisation support is being provided through Enterprise Ireland. There is much work ongoing here. There is no room for complacency, but the Minister, the Department and Sustainable Energy Ireland have increased their mandate, the number of personnel and the range of grants-in-aid that are available, such as the retrofitting programme and the greening of the housing stock. All that has begun. There is a great deal of activity and output going on.

Deputy Enda Kenny: I do not doubt that at all. There is a great deal of talk about this. All of those who come here from the Nordic countries, Denmark, Sweden or Norway, speak of our potential, for example, regarding mean wind speeds, which are the best in the world in many cases. We have not measured up to the talk we are generating. Even when one looks at the places where approval for wind farms has been given, the waiting time to get into the grid afterwards is lengthy. Those who are already in the system and who have put their money where their mouths are to get approval and planning permission for wind farms find that at the end of that process there is no prospect of them being able to hook into the grid. I take the point that there is a great deal of discussion about what we should do. I believe that in the case put forward by our party for an economic recovery authority there is genuine potential for job creation in this area. However, there are two major flaws in the triangle to which the Taoiseach refers. There is a great deal of discussion but we have not followed through with any structure or picture of how to connect this infrastructure to EirGrid. This is because there is no structure to deal with the provision of transmission systems throughout the country. The Deputies behind the Taoiseach and all other Deputies are aware of the vast public meetings that take place when announcements are made about provisions for pylons. EirGrid has lodged its application for the project up through Monaghan. It is now three weeks before Christmas and already groups with an interest in this matter maintain we cannot have a proper analysis of it. Even when the Government sets out the programme for wind farm investment and if the local authorities decide on the locations in their respective counties that are high and medium level and so on, we have no structure for dealing with an overall provision of a proper grid system or a way to plug into that potential. It is a great failing of our national system that one can have millions of euro ready for the provision of turbines but no capacity to plug into that potential or to bring communities with us, other than piecemeal rows about a wind farm in Offaly, Roscommon or the west coast. There should be a substantial parallel investment in an understanding of what we are about if we are serious about exporting energy within several years. There is the question of the provision of a grid system and the ability to explain to communities that it is in Ireland’s economic interests to develop renewables on a scale compatible with the environment and 394 Ceisteanna — 15 December 2009. Questions people’s livelihood. The question and all the discussion about renewables raises two fundamental and serious facts, namely, the inadequacy of the grid and the inability to plug into the potential with extra lines. The pace at which we are moving leaves us at a serious disadvantage. At the rate we are moving it will be some time beyond 2020 or 2030 before the infrastructure is built to tap into all that potential.

The Taoiseach: That begs the question of the importance of public representatives not supporting those who would seek to delay the necessary infrastructure from being put in place. This takes place up and down the country in communities. Public representatives look at the parochial picture and see an opportunity to give succour to the argument that we should not have overhead pylons throughout the country to provide the necessary grid infrastructure or the capacity to provide the economic and social development that people need. At the same time the Deputy tries to make the case from a strategic point of view as to why it is imperative that investment should proceed. We must see consistency at all levels in the political system such that the wider common good will prevail. In fairness to people many years ago when there was very little in the country and rural electrification came, everyone got up and decided it was progress and that they had to get on with it. People saw the benefit in terms of employment and the future potential of their area. We have a situation now where there are parts of the country which seem to indicate they are not prepared to look at the wider common good and the imperative of providing for the modernisation of our transmission system, but that must happen. We see it in the north west and various parts of the country where it is vital that investment takes place such that there is sufficient capacity to attract investment. The disadvantage under which people operate at the moment is precisely because in many cases political support is being offered to those who wish to not only modify but stop the prospect of the development of this transmission system. We must all stand up and be counted in this respect. There is more than talk taking place. Invest- ments are being made and we are on track to reach renewable energy targets. I recall that ten or 15 years ago if a country were to say it would have more than 5% or 6% of renewable energy in its system by 2020 that would be regarded as very ambitious. We are talking now about 40%. There are new guaranteed support prices for offshore, wind, ocean energy and biomass-combined heating power arrangements. I take the point that it can be a matter of great frustration to try to promote investment strategies when the process in this country can be quite time consuming. People have rights to vindicate, fair enough, but that takes a great deal of time and lengthy processes are involved. The concept of judicial review is used in this country to a far greater extent than 3o’clock in most other common-law countries, let alone what happens on the Continent. We may be coming to a stage where the Oireachtas will have to consider whether there are sufficient powers in place for finality to be arrived at in these issues. I do not mind matters being discussed and everybody’s point of view being taken into account but ultimately a process must have finality, conclusions must be reached, decisions taken and action implemented. One sees a continuous level of agitation and discourse and a matter is deferred, or people organise to ensure it is deferred or not proceeded with by putting in place every impediment they can think of or comprehend. These are issues on which we must all reflect.

Deputy Enda Kenny: My point was a general one in that irrespective of the mechanics of how it is achieved, we must display a far greater urgency about the actual grid and the potential to plug into new areas where new wind turbine investments will take place. There should not be a long delay of seven, ten or 15 years in between. The all-party Oireachtas Commitee on Climate Change and Energy Security made a specific recommendation and drafted a Bill to deal with the matter of foreshore licences, proposing the 395 Ceisteanna — 15 December 2009. Questions

[Deputy Enda Kenny.] Marine Institute as the handling agency. We still have not seen that Bill on the books of this House. It is not for me to suggest this to the Taoiseach but I believe having the imprimatur of an all-party Oireachtas committee means that this should be driven through. We should not have business people who are prepared to invest serious money in potential energy production systems finding themselves strangled by the process. As the Taoiseach said, finality must come to these matters and even under the critical infrastructure system the courts and the European courts will always beckon. International information is available now at the drop of a hat and if one goes to any kind of meetings there are people producing evidence from all over the world, as Ministers will know. I share the view about finality, taking into account people’s rights and having in place the highest level of safety conditions. While I am on my feet I have another question. A number of months ago I visited the Gaza Strip. I do not know if the issue of Gaza was discussed at the European Council meeting. We stood in the ruins of a businessman’s factory which had been blown to bits in the Israeli offensive at the end of last year.

An Ceann Comhairle: The Deputy is drifting a little.

Deputy Enda Kenny: This is a very important matter.

An Ceann Comhairle: I do not doubt it but we are taking questions for the Taoiseach.

Deputy Enda Kenny: I am sure the Taoiseach raised the matter, if not at the last meeting, at the one before. All material replacements are now being brought in at enormous cost through tunnels from Egypt. Taking into account the tinderbox that is the Gaza Strip and the plight of the Palestinian people, have European leaders discussed commissioning an up to date report on the seriousness of the situation? Has there been any reference to getting a first-hand report from former Prime Minister, Tony Blair, who was the envoy despatched to have a look at the situation on the ground? That matter not being settled is the root cause of much of the difficulty across the Middle East and is a magnet for activities by other countries that are a serious impediment both to peace in the Middle East and world peace, with major consequences for human life and cost. Was there any discussion about that or does the Taoiseach agree there should be a serious European perspective on arriving at a conclusion to this matter in terms of a two-party state where people can get on with their lives?

The Taoiseach: I agree we need to deal speedily with all of the various issues around putting major infrastructure in place in this country. As the Deputy is aware, we have the strategic infrastructure legislation but, as I said, the planning issues are under existing planning arrangements and we are where we are. However, we must examine all of this area and try to pull it together to a far greater extent than previously in terms of different consents being sought from various agencies or parties which are substantively the same and, if granted once, should be granted all the time rather than the delay in consequential consideration that comes into play with all these issues. That point is well made and we must try to resolve it. I will take up the matter with the relevant Ministers. The Deputy raised an interesting point regarding common foreign and security policy issues. This was the first European Council held under the Lisbon treaty arrangements and the Swed- ish Presidency was anxious that the meeting would be held as per the new arrangements, that is, Heads of State and Government only. Foreign affairs Ministers were not in attendance. That led to a very good interaction. The size of the table and the physical aspect of it allowed for far better interaction but an issue arose as to how this would work in the future and the 396 Ceisteanna — 15 December 2009. Questions

Presidency in office is to consider various views that were expressed on this matter by Heads of State and Government. One of the ideas was that at least once a year the Heads of Government might have specific foreign policy issues on the agenda and would be accompanied by foreign Ministers in an outer circle, so to speak, while Heads of Government were at the European Council table. What is clearly emerging from the discussions and what I welcome is the idea that the Council would be more political in terms of its discussions rather than being the final layer of bureaucracy with all the various papers coming to the table from environment Ministers, finance Ministers and other Ministers. He makes the point that if we are to make the Lisbon treaty more relevant to the people, we must devise an economic strategy for Europe because all the social policy issues and everything else flow from the ability to have a well-resourced budget that can only come from an effective economy being in place, consistent with the principles outlined in the Lisbon treaty on the sort of economy it should be. That is a good idea. On the question of conflicts in the world or major political issues about enlargement, Iran, Afghanistan or whatever, another idea was that on one occasion during the course of the year there might be a discussion on these issues, either informally or formally, at Council by Heads of Government in terms of developing policy rather than simply recounting the latest EU stated position in the conclusions. I welcome that idea because it indicates to me that the Council could well be an interesting place to be in the years ahead.

Deputy Caoimhghín Ó Caoláin: The European Council meeting of 10 and 11 December formally welcomed the coming into force of the Lisbon treaty on 1 December. As the Taoiseach will recall, one of the key slogans of the Lisbon treaty campaign was “Vote Yes for Irish Jobs”. This was an absolute and common position for the various forces that pressed for a “Yes” position. Since then, unemployment has soared and emigration again has become a reality for many thousands of Irish families. In the course of the Council meetings the Taoiseach has attended, have employment retention or creation initiatives been discussed, given that the conclusions contain no initiative either to retain or create jobs across the European Union? This is despite the Council’s conclusions also stating, according to my notes, that the employment and social situation is expected to deteriorate further in 2010. While this was stated in the conclusions, there is no content referencing initiatives to retain or create jobs. Given this is the case, were employment retention and creation initiatives discussed? For example, were the impending further massive cuts to Ireland’s fishing quotas addressed as a matter of interest to that sector of the economy? I also noticed that the conclusions referred to broad-based stimulus policies in member states. There certainly are examples of member states within the European Union which have initiated what have proven to be effective stimulus packages within their respective jurisdictions. I refer specifically to the Belgian experience as but one in which one already can discern the results of strategic spending and in which the budget deficit now is lower as a percentage of GDP than is the case in this State. However, such recognition of stimulus packages by the Council meeting of 10 and 11 December can hardly apply in Ireland, given the mean and meagre efforts to address stimulus that were contained in the recent budgetary proposals put forward in this House only last week. On foot of the last question, the Taoiseach referred to international aspects of the Council meeting. For example, what efforts were made to address the situation in the Middle East? There was a declaration on Iran with which I concur and which was quite correct. However, was there a proposal or discussion—— 397 Ceisteanna — 15 December 2009. Questions

An Ceann Comhairle: Deputy Ó Caoláin, Question Time has become problematic. We are into Second Stage speeches as part of Question Time.

Deputy Caoimhghín Ó Caoláin: I beg the Ceann Comhairle’s pardon, but wait a minute. The Ceann Comhairle has presided over an abuse by other speakers——

An Ceann Comhairle: I accept we have a problem and we may need to look at it. However, we need——

Deputy Caoimhghín Ó Caoláin: ——of their time opportunities but chooses me to be the only one he will interrupt.

An Ceann Comhairle: No, I simply want to make the point.

Deputy Caoimhghín Ó Caoláin: I wish to make clear I will not accept that from the Ceann Comhairle. I have been sitting patiently here——

An Ceann Comhairle: Yes, okay.

Deputy Caoimhghín Ó Caoláin: ——awaiting my opportunity to participate. I am asking questions that are specific to the questions tabled and my patience is not endless either.

An Ceann Comhairle: If the Deputy could ask them quickly.

Deputy Caoimhghín Ó Caoláin: I want to make that clear. Specifically in respect of the Council declarations on Iran, was there discussion regarding a declaration on Israel? Did the Taoiseach raise with his counterparts at the Council meeting the recent refusal of the Israeli Government to allow the Minister for Foreign Affairs to visit Gaza? Was the matter raised regarding the Minister for Foreign Affairs, Deputy Micheál Martin, being refused access to the Palestinian people of Gaza by the Israeli Government? Was a proposition put forward on, or consideration given to, removing the special arrangements with the European Union in respect of preferential trade agreements between the European Union states and Israel in the context both of their treatment of our Minister for Foreign Affairs and, much more importantly, of the Palestinian people themselves?

The Taoiseach: On the first matter raised by the Deputy regarding the question of employment, it is true that unemployment has risen within the European Union to a rate of 10%. Unfortunately, we expect to see unemployment peak, hopefully, during the course of the coming year as we seek to emerge from recession. We are seeing a fragile recovery at present and the stimulus packages remain in place, both at European and national level, until such time as recovery has been assured. On the question of our stimulus package, I refer to my speech on the budget last week which outlined the considerable stimulus which is being provided by the Government in the current circumstances, rightly so given the impact the recession has had on the construction sector and other areas of the economy. If one considers that we have a current deficit of 11.75% for next year, some 5% of GNP or almost half the deficit is made up of the capital investment programme, which is the largest capital investment programme of any European government, including Belgium. On the current side, expenditure includes investment in education and research and development. The State is spending some \600 million on science, technology and innovation which is leveraging a further \15 hundred million or \16 hundred million in private sector investment in research and development. This is reflected in the fact that 40% of IDA Ireland investment 398 Priority 15 December 2009. Questions last year was in the area of research and development, which is an indication that Ireland is promoting itself and obtaining projects which will develop the knowledge economy and the new economy which we are all trying to achieve. Across a range of domestic policies there is a stimulatory effect in what we are doing, in terms of capital investment or investment in education or research. Our commitment to enterprise support is evident in the fact that over \900 million was allocated to IDA Ireland and Enterprise Ireland. There will be an increase of up to 180,000 places in training, education and activation. All of these measures constitute major investments by the Government at a difficult time for the economy. The stimulus effect of the domestic policy framework which the Government is implementing is commensurate with and, in many cases, well advanced beyond what other countries have been able to provide. The Deputy also referred to unemployment. The strategic issues which face the European Union, in terms of trying to promote employment, investment and recovery, refer back to the fact it has an ageing population and its productive base is less than other parts of the world. If one looks at the expected growth rates in the world economy, which aggregate at some 20%, it is estimated only 6% will be in the European Union. The need to evaluate the success or failures of the Lisbon strategy thus far, in terms of growth in jobs during the 1999 to 2009, will inform the wider economic strategic debate which will take place in Europe in 2010 as we prepare for the budgetary discussions which will start in 2011 in respect of 2013, when the next financial perspectives are to be agreed. There are serious challenges and there is no sense of complacency amongst any heads of state of governments regarding the impact the current financial and economic crisis has had on employment. Before the recession, prior to 2008, there was a very record of job creation in the European Union. Much of the debate on the future budget allocations from Europe will involve deciding on the strategic areas in which Europe needs to invest. I am glad to say we have nominated, subject to parliamentary approval, Ms Maire Geoghegan-Quinn to the Commission. She will play an important role in the new Commission in a top priority area which has already been identified by President Barroso as one in which he will have a personal interest. On the question of Gaza, the issue did not arise at the Council meeting to which the Deputy referred. It is a matter of constant discussion at the General Affairs Council of foreign ministers. The Minister, Deputy Martin, will take parliamentary questions later today and will address the issue in more detail.

Priority Questions.

————

Departmental Expenditure. 28. Deputy Billy Timmins asked the Minister for Foreign Affairs the impact the Budget Statement for 2010 will have on the services provided by his Department; and if he will make a statement on the matter. [47057/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The Budget Statement for 2010 along with the Estimates for public services and public capital programme published on 9 December provides for a reduction of resources for my Department for 2010. In the case of Vote 28, the 2009 voted allocation was \207 million and the proposed allocation for 2010 is \178 million. In the case of Vote 29, which funds Ireland’s development co-operation programme, the 2009 allocation was \570 million and the proposed allocation for 2010 is \535 million. Taken together there is a reduction of just under \70 million or 9% in the funding proposed for 2010. 399 Priority 15 December 2009. Questions

[Deputy Micheál Martin.]

The Government’s decision to stabilise the ODA budget for 2010 is a significant achievement against a background of very difficult economic circumstances and enormous budgetary pressures. However, since there is a separate priority question on the ODA budget, I will focus on the impact of the budget on other areas of departmental spending. The emigrant support programme to support Irish emigrants overseas and to facilitate extensive Irish-related cultural, business and community projects, will continue next year with a total allocation of just under \13 million, a reduction of \2.2 million, which is sustainable. I am determined to ensure that the key focus of the programme remains on assisting our most vulnerable Irish emigrants. Expenditure will be further reduced by the winding-up of the programme of support for the transition of EU applicant countries and the member states that joined the European Union in 2004 and 2007. This programme has been very useful in assisting these countries in transition and in developing good relations with countries where we have not had a long-term presence. Savings will also accrue given that support for the Referendum Commission will not be required in 2010 and some reductions will emerge in our contributions to international organisations. Many of these contributions are denominated in dollars and during 2009 savings have already been made on foot of exchange rate gains. Administrative costs of my Department are expected to decline in the coming year by almost 8%. There are now some 50 fewer people working in my Department compared with a year ago. In addition, an energetic procurement policy coupled with reductions in some input costs has meant that my Department continues to achieve better value for money and expects to spend significantly less on travel and on other support services next year.

Deputy Billy Timmins: The Minister said that he looked after the most vulnerable and mentioned the emigrant services. I believe that the McCarthy group recommended a reduction of perhaps \1 million to reduce it from \15 million to \14 million, but the Minister actually doubled the recommendation and applied a \2.2 million cut on emigrant services. The Minister spoke of protecting the most vulnerable, but this is an attack on a vulnerable group of people. The Department has three groups, one of which is the emigrant services advisory committee. When did the Minister meet that committee and does it have a view on this cut? In recent years we have seen many documentaries about Irish people down and out, particularly in Britain. I would be concerned that they will suffer a disproportionate cut. Would the Minister agree that he shied away from the reform agenda? There were recommendations to amalgamate embassies or co-ordinating and getting greater efficiencies in certain missions. However, the Minister took no steps in this regard. Does he plan to take such steps?

Deputy Micheál Martin: The Deputy is incorrect in his second assertion. There were no proposals for reform or amalgamation of embassies. There were straightforward proposals to get rid of embassies in order to cut the number of embassies by 2007. I chose a different approach because I believe we need our embassies overseas as part of Ireland’s overall programme of economic recovery and in terms of the international profile of Ireland, the messages we are conveying about Ireland internationally, and the work our embassies do with State agencies, Enterprise Ireland, IDA Ireland, Tourism Ireland and Bord Bia. That work is indis- pensable and is a key in attracting inward investment and assisting our State enterprises in the food and tourism sectors. That is the call we made. Having said that, we managed to achieve the savings, which were identified over a three-year period in the McCarthy report, in one year. That is the policy decision we took. 400 Priority 15 December 2009. Questions

The Deputy mentioned support for Irish emigrants. The allocation of \13 million is still very significant and I believe the Deputy’s remarks were a bit over the top. We are in a difficult budgetary situation. The Deputy should remember that over the past six years the Government has provided more than \60 million through the programme to support Irish emigrants overseas and to facilitate extensive Irish-related cultural business and community projects. There is a range of projects that we supported from the cultural, welfare, business and particularly artistic sides. It has yielded very positive results. I recently met people involved in the front-line services in Great Britain and the United States. They are genuinely happy that we have broadly speaking been able to maintain the allocations to all these organisations. It is a significant achievement in itself.

Deputy Billy Timmins: The Minister is incorrect because he has not maintained the full amount. It is important to acknowledge that he has cut it. In his initial response he clapped himself on the back on how well he was looking after them. He went further than McCarthy recommended in the measures he took. He doubled the cutback recommended. I am not saying he should be led entirely by McCarthy report. I admire that he is a man of his own view. However it is incorrect to say that he has maintained the service for them. From the point of view of funding he certainly has not. It is remiss of the Minister not to consider the concept of rationalisation. I have previously suggested to him the Irish house concept. With the economies of scale and the combination of resources it could be far more effective than each individual Department paddling its own canoe. Does the Minister have no plans to close any of our embassies?

Deputy Micheál Martin: In previous replies to the Deputy, I indicated we were considering the configuration of our presence across the world to achieve optimal results from existing resources. For example we closed the mission in Wales and opened a new embassy in Abu Dhabi. We are actively considering a different type of representation model in some of our smaller European states for example, where there is a clear political necessity to have a presence but it does not need to be the same type of traditional presence we have had in other locations. We have already implemented reform and are considering further reform. We will be considering lighter and leaner models in certain locations. We are anxious to investigate having a presence in other locations where we have no presence at the moment. However, all that needs to be done within the budgetary framework I have been given. The daily running costs of the Department and the missions have been reduced by 19% since 2008. That illustrates the degree of efficiencies that have been achieved in the Department and the extent of reforms that are ongoing. We will continue to investigate novel ways to do things more effectively and I take on board the Deputy’s point in that regard.

Diplomatic Representation. 29. Deputy Michael D. Higgins asked the Minister for Foreign Affairs his view on the appropriateness of the position of Dean of the Diplomatic Corps being filled, not on a rotational basis as prevails in most countries; the appropriateness of the prevailing arrangements; the details of the recent meetings with the representatives of the Holy See; the details of the meeting sought by the Papal Nuncio with the Secretary General of his Department; and if he will make a statement on the conclusions he has reached. [46989/09]

30. Deputy Billy Timmins asked the Minister for Foreign Affairs if he will report on his recent meeting with the Papal Nuncio; and if he will make a statement on the matter. [47058/09] 401 Priority 15 December 2009. Questions

Deputy Micheál Martin: I propose to take Questions Nos. 29 and 30 together. The position of Dean of the Diplomatic Corps is a ceremonial position of precedence. The dean serves as spokesperson for the Diplomatic Corps on formal occasions and may be asked by the Diplomatic Corps to act as its representative in matters which concern the corps as a whole. The longstanding practice whereby the Papal Nuncio assumes the position of Dean of the Diplomatic Corps is in full accordance with the Vienna Convention on Diplomatic Relations 1961 and is followed by a majority of EU member states, including Austria, Belgium, the Czech Republic, France, Germany, Hungary, Ireland, Lithuania, Poland, Romania, Slovakia, Slovenia, Spain, Portugal, Malta and Italy, as well as by Switzerland and many other countries around the world. The current Papal Nuncio, Archbishop Giuseppe Leanza, called to Iveagh House at my request on Tuesday of last week to discuss the report of the Dublin archdiocese commission of investigation, and the issue of the co-operation received by the commission from the Holy See and successive papal nuncios as it carried out its investigations. At this meeting, I conveyed to the Papal Nuncio the deep anger and outrage of the Irish public at the appalling abuse of children detailed in the commission’s report. I emphasised to Archbishop Leanza the importance of the Vatican providing a substantive response to inquiries from the commission. I explained to the nuncio the need for the Holy See to provide the fullest possible co-operation with any ongoing or further State investigations into clerical child abuse, including in the context of the upcoming inquiry by the commission into the diocese of Cloyne. The nuncio undertook to convey my strong view that the Vatican should co-operate with any request from the Dublin and Cloyne commission or any future commission to co-operate with any request for information. Archbishop Leanza also met the Secretary General of my Department on Wednesday, 2 December at the nuncio’s own request. At both meetings, Archbishop Leanza made clear on his own behalf and on behalf of the Holy See his profound shock and dismay at the content of the commission’s report. He stressed that there had been no intention on the part of the Holy See to withhold co-operation from the commission. He recalled that the Holy See had indicated that the commission should pursue its inquiries through the appropriate diplomatic channels.

Deputy Michael D. Higgins: Let me begin, a Leas-Cheann Comhairle, with the last reference of the Minister to “shock and dismay”. It is rather hard to accept that, given that the information in the Murphy report was available to the Vatican, although it chose not to act upon it, respond to it or assist in any response by others to it. There were four elements to my question. I am aware that the papal nuncio’s assuming the position of dean of the diplomatic corps involves no contravention of the Vienna Convention. However, I put it to the Minister that this practice was begun in very different times. In other jurisdictions the position is filled in different ways; for example, at the Court of St. James’s, the longest serving ambassador serves as chair of the diplomatic corps. I referred in my question to two meetings with the papal nuncio. I appreciate the point made by the Minister about his remonstration with the papal nuncio, but there is also the matter of the meeting with the Secretary General. Was that a meeting between the representative of a state and the Secretary General of the Department of Foreign Affairs? I presume that at the meeting between the Minister and the nuncio, the Minister was representing the Irish State under the Constitution rather than the church of the majority of people. I am not seeking to be offensive about this. With regard to the failure to respond to the Murphy report and the justification of this failure, there has been a switch from one form of relationship to another 402 Priority 15 December 2009. Questions

— sometimes one is talking to the papal nuncio as the representative of the Holy See, while at other times he is the mediator for the congregation of faith. Is it not time to review the practice I mention in my question? In addition, is the relationship one between states or is it on a religious basis? How was the meeting between the Minister and the papal nuncio different from that between the Secretary General and the papal nuncio?

Deputy Micheál Martin: This is a relationship between states. The meeting with the Secretary General was at the request of the papal nuncio and was clearly in his capacity as representative of the state of the Vatican. At the time, I was in Athens at the OSCE meeting. The request for a meeting with me was in my capacity as Minister for Foreign Affairs. I take the point made by the Deputy that the papal nuncio has a dual role but, in essence, he is the representative of a state. The practice whereby the papal nuncio is dean of the diplomatic corps is not the core of the issue.

Deputy Michael D. Higgins: No. It is on the periphery.

Deputy Micheál Martin: The core of the issue is the necessity of a substantive response to the inquiries of any independent commission or tribunal. We must reflect on that. Diplomatic channels do not of themselves undermine, in any shape or form, the independence of any inquiry. Any documentation that comes via diplomatic channels is sealed and there is no access by the State to the materials contained within. It is important to point out that diplomatic channels have been used frequently in the past by independent statutory bodies. The tribunals of inquiry have sought assistance from the authorities of foreign states via the diplomatic chan- nel because such tribunals, while domestically wholly independent of Government, are State bodies and are so regarded in international law. For example, the Flood tribunal, in 1999, sought assistance from the UK authorities, as did the Morris tribunal in 2003. The Office of the Director of Public Prosecutions, which was established in 1974 and is independent in the performance of its duty, has also used diplomatic channels. The issue is the importance of receiving a substantive response to fundamental questions asked by an inquiry.

Deputy Billy Timmins: The Minister has mentioned a litany of precedents. I could also mention the commission of inquiry into the Dublin and Monaghan bombings, in which the Depart- ment of Foreign Affairs took an active role in seeking information. I agree with Deputy Higgins about the Minister’s mention of “shock and dismay” on the part of the Vatican. I do not know how it could have been shocked——

Deputy Michael D. Higgins: Exactly.

Deputy Billy Timmins: ——because it had all the files. To me, the reason for shock and dismay is that the Department failed to take a proactive role. It simply passed on the message to the commission and did nothing. Does the Minister not think the Department should have told the papal nuncio that the response was unsatisfactory? It should have liaised with the commission and made a request for the information. Is the Minister satisfied with the outcome of his meeting with the papal nuncio? From what I saw reported, I would not have been satisfied. Can he give the House a guarantee that the material that was sought by the commission will be sent to it either directly or via the Depart- ment of Foreign Affairs? Does he agree that it may be necessary to have a supplementary Murphy report? It is important that the public understands what the Vatican knew or did not know. 403 Priority 15 December 2009. Questions

Deputy Micheál Martin: I will clarify a number of points. At the time the Department did communicate to the Department of Justice, Equality and Law Reform the Vatican’s position that it wanted to deal with the queries from the commission via diplomatic channels. The message was conveyed to the Department of Justice, Equality and Law Reform which, in turn, conveyed it to the commission of inquiry. It was the commission that decided it did not wish to pursue its inquiries through diplomatic channels. That is my understanding of what happened, and it was documented along the way. Therefore, the reason I put on record the previous instances in which diplomatic channels were used, as did the Deputy when he mentioned the Dublin and Monaghan bombings, was to demonstrate that they can be used without undermining the independence of such inquiries. It would not have been for the Department of Foreign Affairs at that time to get involved in terms of actively pursuing the issue as a protagonist, because that could have undermined the independence of the commission, which it is, correctly, anxious to preserve. The point I made at the meeting was that if the material was there it could surely be collected and made available. I did not have any difficulty with this being done through diplomatic channels. However, the questions need to be answered and it is desirable that the information required be in the hands of the commission. Given the use of diplomatic channels by independent statutory bodies such as tribunals in the past, it seems there is a ready-made medium for delivery of such material that would not in any way undermine the independence of the inquiry.

Deputy Michael D. Higgins: Given that the Minister describes the arrangements that prevail with regard to the diplomatic corps as ceremonial, is he open to the suggestion that it is time to change them? I wish to take further the point regarding the relationship between the head of a faith and a state. I raised this issue because of the extraordinary view of Cardinal Connell that there is secrecy involved in the relationships among bishops, priests and so on, and they should have their own rules. The Murphy report dealt with the welfare of young children. It dealt with the right of this State to have access to all the information without its having to be brought through any other parallel kind of law. I see serious issues with the relationship between the Minister and the representative of the Vatican. I accept entirely that it is a relationship between states. That relationship is not mediated by the intricacies of canon law. The Murphy report states that this was argued by Cardinal Connell when he made reference to the duties of secrecy between bishops and priests. If there is a relationship between states, there is no value in muddying this. I accept entirely the good faith of the Minister as regards seeking information but the process has to be ended whereby one can move from one type of argument to the Congregation for the Doctrine of the Faith to another one regarding the relationship between states. I would have asked the question, irrespective of the Murphy report, as a matter of modernisation.

Deputy Billy Timmins: Would the Minister not agree that there seems to be something extraordinarily contradictory in the fact that the Murphy inquiry went to considerable lengths to get a great deal of material, yet there seems to be a failure by the commission to seek the material from the Vatican through diplomatic channels? Why was this? I should like to hear from the commission why this happened because it contradicts everything else that was done in the report.

An Leas-Cheann Comhairle: That is not a question the Minister can answer. 404 Priority 15 December 2009. Questions

Deputy Billy Timmins: I agree, but perhaps the Minister could express a view on it. The commission went to great lengths to get all this material, and yet here was something at the very heart of the investigation. There was a mechanism whereby the material could, at least, be requested and this did not happen. Can we expect a response from the Vatican, and in the event, when will it be?

Deputy Micheál Martin: In response to Deputy Higgins, when the first Papal Nuncio was appointed to the State, in 1930, he automatically assumed the position of Dean of the Diplo- matic Corps. There is no sense of a demand within the diplomatic corps for any change whatso- ever. One would have to go through a rotational system, or whatever, and it might even cause more problems than one would wish. We have not always followed the example of the Court of St. James in terms of how we do things here, as the Deputy knows.

Deputy Michael D. Higgins: That is not an option I admire at all. It is more of a Cork thing, really.

Deputy Micheál Martin: Nor is the Deputy suggesting that, either, I would say. However, the Deputy’s other key point is fundamental in terms of the relationship, and that goes to the core of the overall question as well, in the sense that a state to state relationship exists in terms of my role as Minister for Foreign Affairs and that of the Vatican. I have read the report and it is very strong on the canon law issue, on secrecy, and very clear in terms of the law of the State being superior to the laws of any particular religion, while insisting that the welfare of children is paramount and uppermost as regards the consideration of any issue. The report does some considerable service to the State in the manner in which it has brought this out very clearly and effectively. The Deputy asked me to comment, but I do not believe this would be at all appropriate, in terms of any commission of inquiry established by the State which must pursue its business independently of Government and Ministers. One of the reasons I was anxious to talk to the Papal Nuncio, is that I believe there is a genuine need that the substantive material requested is made available so that we may have completion in relation to the issue.

Deputy Billy Timmins: Has the Minister any idea as to when this response will come?:

Deputy Micheál Martin: I have made these points, and of course we are awaiting a substantive response.

Middle East Peace Process. 31. Deputy Billy Timmins asked the Minister for Foreign Affairs his plans to visit the Gaza Strip; and if he will make a statement on the matter. [47059/09]

Deputy Micheál Martin: As Deputies will be aware, I have paid particular attention to the worsening conditions in Gaza, even before the conflict at the beginning of this year. I have stressed the humanitarian needs of the population there, and the urgent necessity to end the blockade and open the border crossings, not only to unrestricted humanitarian aid, but also to reconstruction materials and ordinary commercial traffic. It has always been my intention to visit Gaza and see the problems there for myself. I also wished to see the impact and effectiveness of the substantial assistance we give to Gaza from Irish Aid, principally through UNRWA, whose vital work is well known to Deputies. My 405 Priority 15 December 2009. Questions

[Deputy Micheál Martin.] interest in a visit was only strengthened by the disastrous course of events in Gaza over the last year. It was not possible for practical reasons to include a visit to Gaza in my visit to Israel and the West Bank in July 2008. I sought, accordingly, to make a visit this month which would have included Gaza as well as Israel and the West Bank. As I reported to the Joint Committee on European Affairs recently, the Israeli authorities refused to allow me permission to cross into Gaza. Fears had been expressed on the Israeli side that a visit to Gaza would serve to legitimise Hamas, irrespective of whether meetings with Hamas representatives took place. I found, and continue to find, this explanation unconvincing.

Deputy Michael D. Higgins: Hear, hear.

Deputy Micheál Martin: The Israeli authorities have made clear that they are refusing all political level visits to Gaza at this time. Supposed security considerations have also been cited. This is a matter of deep disappointment and concern to me. It is still my intention to make such a visit and I would hope to be given a positive response when I make such a request in future. My understanding is that a number of requests from other foreign ministers to visit Gaza have been turned down in recent weeks.

Deputy Billy Timmins: I regret that the Minister’s request to visit Gaza was turned down, particularly in light of the fact that a delegation from the Joint Committees on European Affairs and Foreign Affairs was able to get in, as was the Fine Gael Party leader. It is intolerable and unacceptable that the Minister’s request was refused. Will he say whether he will follow this up and continue to attempt to visit Gaza? I believe it is very important that he does so, without any preconditions. I am not suggesting it would be correct to meet Hamas, as I do not believe it would. However, the president of Sinn Féin has visited Gaza and I understand he met members of Hamas when he was there. That visit was sanctioned, so I do not know whether there was an outside influence from the region which facilitated the meeting. We are coming up to the first anniversary of Operation Cast Lead, and on the other side of the equation, attempts will be made by groups to get aid into Gaza over the next few weeks, which will ultimately serve to undermine real efforts to get aid in there through UNRWA. It is important that the Minister makes further requests to the Israeli authorities and through the European Council, to try to get the blockade lifted for a time to get in the much-needed supplies. By the same token, within the next few weeks we shall see various solidarity groups of no benefit to the people of Gaza, who will be trying to seek publicity in terms of getting in aid by a mechanism that will not be possible.

Deputy Micheál Martin: I welcome the Deputy’s comments and believe we are broadly at one on the issue. I will be pursuing this further. We were of assistance to the previous del- egations mentioned by the Deputy in terms of our embassy there and so on, in facilitating the entry to Gaza of people such as Gerry Adams and, indeed, Deputy Kenny and others. I have written to the incoming Spanish Presidency and the Foreign Minister, Mr. Mauratinos, on this issue and it is my view that perhaps a delegation of EU Foreign Ministers should go to Gaza. There has been an attempt, in essence, to suppress information about Gaza, to keep a lid on it and prevent the wider world from knowing what is going on regarding the deprivation there and the unacceptable humanitarian situation and——

Deputy Michael D. Higgins: No Israeli journalists have been there for 12 months. 406 Priority 15 December 2009. Questions

Deputy Micheál Martin: ——the inability to rebuild Gaza because of the unacceptable blockade. That is what is at issue here. France’s Foreign Minister, Mr. Bernard Kouchner, has been refused entry and he is still trying to pursue it. We are not doing this to be provocative. We are doing it, in essence, to draw attention to the plight of Gaza as well as to see at first hand what is happening on the ground there. The second overarching point is that the longer moderate opinion is isolated, the more difficult any resolution of the broader question becomes, in terms of the Middle East Peace Process. I am mindful of the number of young students who had visited Gaza during the conflict and who are not allowed to return to college, and of the harassment of young Palestinians who want to pursue third level education. I had to write recently, at the instigation of Members of the House, on behalf of a young lady from Bethlehem, who could not pursue her third level education. It is appalling and I do not see the logic of it, either strategically or in any shape or form.

Deputy Billy Timmins: An Israeli Ministry of Foreign Affairs spokesman, Yigal Palmour, has claimed that a request was never made by the Department of Foreign Affairs for the Minister to visit Gaza. On the other hand he is reported as saying that such a request was made. I wonder whether the Minister has a view in that regard. When one is not in an area at the time something happens, it can be difficult to pass judgment on it. My view, however, is the claim that the attack on Gaza was to deal solely with Hamas is completely untrue. That is epitomised by the destruction of the American international school and the industrial areas on the periphery of Gaza in the last days of the actual conflict, where the industrial and intellectual bases of the territory were wiped out.

Deputy Micheál Martin: Many statements have been made, but it is interesting that an article in the Jerusalem Post reported that prime minister Binyamin Netanyahu’s Government has an undeclared, but de facto, policy of not letting senior political figures, such as foreign ministers, enter the Gaza strip from Israel. That would appear to be the position. I gave the Deputy both reasons, one of which is Israel’s view that a visit to Gaza gives some legitimacy to Hamas. I do not believe that is acceptable. We made inquiries in terms of our requests to facilitate a visit to Gaza. I intend to pursue the matter further.

Deputy Billy Timmins: It is also important for the Minister to raise with the Egyptian authorities reports of the construction of a wall on their 10-km or 12-km side of the border.

An Leas-Cheann Comhairle: We will leave that point unanswered because we are well over time.

Overseas Development Aid. 32. Deputy Lucinda Creighton asked the Minister for Foreign Affairs the areas in which the cuts in overseas development aid, announced in Budget 2010, will be made. [47141/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): In the budget for 2010, the Government has provided a total allocation for official development assistance of \671 million. Of this total, some \536 million will be administered by the Department of Foreign Affairs and a further estimated \135 million will come from other Departments and Ireland’s share of the EU development co-operation budget. This represents a relatively small reduction of \25 million in overall ODA. 407 Priority 15 December 2009. Questions

[Deputy Peter Power.]

Based on current projections, this level of aid expenditure will represent 0.52% of gross national product and means that Ireland will maintain its expected 2009 percentage spend on ODA into 2010. I am confident that this level of allocation will ensure Ireland remains one of the more generous aid donors internationally in per capita terms. The ODA budget for 2010 is a significant achievement. Against the background of very difficult economic circumstances and enormous budgetary pressures, the Government has suc- ceeded in stabilising allocations to the aid programme. In preparing the budget we were determined to protect to the greatest extent possible our support to the developing world. I believe we have achieved this objective. Ireland’s aid programme is internationally recognised for its leadership role in making aid more effective and has been described as “cutting edge” by the OECD. It is also rightly praised by our peers for its sharp focus on poverty reduction and hunger alleviation, and concentrating on a small number of least-developed countries, mainly in sub-Saharan Africa. The 2010 budget allocation now needs to be effectively delivered with and through our partners to ensure Ireland’s contribution to development co-operation has maximum impact. Detailed allocations across the programme have yet to be fully finalised, but will reflect our core objectives of poverty reduction and a focus on results. I expect that we will be providing in excess of \100 million to NGOs and missionaries, over \100 million to fight HIV and AIDS and other communicable diseases, and over \50 million for emergencies and assistance to fragile states, quite apart from our bilateral programmes. We will also ensure that our commitments to our nine programme countries, seven in Africa and two in Asia, are met to the greatest possible extent.

Deputy Lucinda Creighton: The Minister of State’s portrayal of these further budget cuts concerning ODA is interesting, as is the portrayal contained in the budget summary itself. It seems that the goalposts are shifting. The original stated ODA target of 0.7% of GNP——

An Leas-Cheann Comhairle: A question please.

Deputy Lucinda Creighton: The stated target was to be reached by 2012. There has not been any stated shift in Government policy, but it seems to have slipped into the budget summary very conveniently that the date has been changed to 2015. Can the Minister of State confirm that the target date to reach our national commitment, which has been renewed at least twice, has changed from 2012 to 2015?

Deputy Peter Power: We are simply reflecting the economic reality in which the country currently finds itself. Since 2005, we have been striving to reach the UN target of 0.7% by 2012, which is three years earlier than any other country in the EU. We are therefore three years ahead of the EU’s commitment in this regard. However, this commitment was made in very different circumstances. The 2012 commitment was seen as being extremely ambitious. Given the circumstances of the last 18 months, we are now in effect borrowing the equivalent of our aid budget every ten days. We cannot walk away from that fact. We have spent over \4 billion in the past six years. In the developing world, we must practice what we preach, which is sustainable development — that is, development that keeps itself going over many years. If we were to borrow the equivalent of our aid budget every ten days from now on, we would have no budget by 2012 because our economy would not have sustainable public finances. In making our allocation this 408 Priority 15 December 2009. Questions year, therefore, we are stabilising it as a percentage of our GDP at 0.52%. I still maintain that is a real and substantial commitment, and is recognised as such by many people throughout the NGO community. It reflects the economic, financial and arithmetic reality in which we find ourselves.

Deputy Lucinda Creighton: It strikes me that a commitment does not appear to be a commitment once it is an ambitious one. That seems to be the new slant from the Government. This is of concern because the Government is essentially taking away vital support for the most vulnerable — 1 billion people who are starving to death in developing countries. That is not to be done lightly. I want the Minister of State to clarify further the Taoiseach’s commitments in Copenhagen to a sum of \100 million, which is to be Ireland’s contribution to the EU package on climate change. Will that \100 million come from the ODA allocation for this year, or is it above and beyond the sum to be directed at developing countries?

Deputy Peter Power: To repeat the position, if we were to reach the 0.7% target by 2012 we would have had to borrow an additional \150 million this year. Politics does not enter into this but——

Deputy Lucinda Creighton: The Government is borrowing \500 million a week.

Deputy Peter Power: Yes, but does that mean we are justified in borrowing \650 million just to reach a target which is arithmetically not possible at this stage? The Deputy and I both agree that the overseas aid programme is accepted and lauded internationally. We have stabilised it at 0.52%, which is ahead of the EU-15’s target at this stage. With regard to the Deputy’s additional point, the Taoiseach made a commitment in the context of the Copenhagen conference at discussions in Brussels this week. That commitment was that Ireland would contribute \100 million towards the climate change——

Deputy Lucinda Creighton: Is it false money or real money? Is it coming from Irish Aid?

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

Deputy Peter Power: The Taoiseach made a commitment that we would provide \100 million towards a \2.5 billion EU commitment for fast-track financing.

Deputy Billy Timmins: Is that additional to the Irish Aid money?

Deputy Peter Power: I was in Copenhagen yesterday and that EU position was seen as being of strong, proactive leadership. In the context of a European Council meeting, the Taoiseach made the point that the breakdown of that will be a matter for a Government decision. However, it will have a real and substantial new additional element to it.

An Leas-Cheann Comhairle: That concludes Priority Questions. We will now move on to Other Questions.

Deputy Lucinda Creighton: In fairness, I am seeking some clarity. Is this money coming from the Ireland Aid budget? It is a simple “Yes” or “No” answer.

An Leas-Cheann Comhairle: We are well over time. I am afraid that we need to move on.

409 Other 15 December 2009. Questions

Other Questions.

————

Debt Relief. 33. Deputy Kieran O’Donnell asked the Minister for Foreign Affairs his plans to promote more debt cancellation, free from conditions, for all southern countries that require it; and if he will make a statement on the matter. [46651/09]

Deputy Peter Power: Ireland has played an important role internationally on the issue of the alleviation of the debt burden on developing countries. The Government’s policy strategy was prepared jointly by the Department of Foreign Affairs and the Department of Finance, and was launched in 2002. It supports the total cancellation of the debts of the world’s poorest countries. A joint review of this strategy is currently being undertaken by the two Departments and I expect it will be completed within the coming months. It is important to note that Ireland’s bilateral assistance to the developing world has always been exclusively in the form of grants rather than loans. The Government has also provided very significant resources for initiatives to ease or cancel the debt burden. There are two main international instruments which address the debt burden on developing countries. They are the Multilateral Debt Relief Initiative, MDRI, and the Heavily-Indebted Poor Countries Initiative. The MDRI came into effect on 1 July 2006, and provides for the cancellation of eligible debt from the World Bank, the African Development 4o’clock Bank and the International Monetary Fund for many of the world’s poorest and most indebted countries. Ireland’s share of the total cost of debt relief provided by the World Bank under the initiative is \58.64 million. The Government contributed this amount in full in 2006. Ireland has also contributed over \20 million under the 1996 heavily indebted poor countries initiative, which is implemented by the World Bank and the IMF, with the objective of reducing the debt burden of qualifying countries to sustainable levels. The aim of these international initiatives is to relieve the poorest countries from the burden of servicing debt, and help them implement effective poverty-reduction and economic growth programmes. It is important to ensure that the success of the initiatives to date is not undermined by any further irresponsible lending or borrowing by these countries. The Government supports the development of an international consensus on responsible lending and borrowing procedures and I welcome the dialogue which the World Bank has initiated with civil society groups on the complex issues involved.

Deputy Billy Timmins: Was the \58.64 million contributed under the MDRI initiative in 2006 classified as Irish aid funding at the time? Am I right that there is a review ongoing currently on debt cancellation? When can we expect the publication of this review?

Deputy Peter Power: This money is considered part of official development assistance, ODA, and is counted towards the targets we discussed previously. On the review, I expect ——

Deputy Billy Timmins: The problem I have is one figure is given for ODA, but other figures are filtered down throughout the year and they all come from the one budget.

Deputy Peter Power: The Deputy must appreciate this is a significant contribution to a massive global fund. Many of these countries want to develop, but cannot because they cannot get access to the international capital and bond markets because of their heavy debt burdens. By forgiving this debt, albeit with conditions which ensure they have the capacity and power 410 Other 15 December 2009. Questions to maintain sustainable financial economies in their own right and by focusing their lending on poverty reduction, we are making a real contribution towards enabling these countries to develop their economies under their own national development plans. This is quite apart from our bilateral programmes where, through grant assistance, we initiate and help development and programmes. By engaging significantly in this programme, we allow these countries develop in their own right. Ultimately, that is what sustainable development is about and it is important.

Deputy Billy Timmins: When will we see the policy debt review?

Deputy Michael D. Higgins: The Minister of State referred to the World Bank initiative. Is he concerned at the high proportion of odious debt that remains in the outstanding debt of the southern countries referred to in the question? The World Bank is insisting on interest repayments from countries indebted by dictators, for example, Nigeria in 1995-2000, \15 billion — \1.5 billion in 23 London banks, \600 million in Liechtenstein, \500 million in Luxembourg. The Minister, Deputy Martin, referred earlier to Switzerland and its legate. With regard to the debt issue, is there any possibility of the opening up of the books in Switzerland? The purchase of the debt of southern countries by debt vultures is a continuing heavy burden. I support the Minister’s emphasis on development, but these debts — odious dictators’ debts — are being serviced and providing remuneration to debt vultures. The World Bank is not forgoing that, nor is the International Monetary Fund with its Limón arrangements.

Deputy Peter Power: I agree fully with Deputy Higgins on this issue. Vulture debt is an odious practice and I would welcome any initiative to make this internationally illegal. Debt vulture hedge funds or other funds involved in buying debt on the verge or eve of it being forgiven as part of international debt alleviation is a reprehensible practice. In essence it represents funds in the major financial markets preying on countries just before they experience debt relief and trying to extract enormous profits from them. The issue of what is known as illegitimate debt has arisen more frequently in discussions on international debt relief. This is why initiatives such as the UNCTAD initiative to address responsible lending and, in particular, to closely involve the World Bank, IMF, the Paris Club and civil society so as to properly define proper, legitimate — and almost moral — debt and lending to these countries are so important. We cannot go back to the situation we had where there was irresponsible borrowing and lending by states in which we are involved. We want these states to build up their inherent country systems to ensure they do not go down the road of irresponsible lending and borrowing again.

Diplomatic Representation. 34. Deputy Olwyn Enright asked the Minister for Foreign Affairs the role he played in the recent release of a person (details supplied); and if he will make a statement on the matter. [46819/09]

Deputy Micheál Martin: It was a great privilege and a joy to announce the release on 11 November of Fr. Michael Sinnott after 32 days in captivity. His release was the result of an intense diplomatic effort by the Irish and Philippine Governments, working through the mechanisms of the Mindanao peace process. No ransom was paid to secure Fr. Sinnott’s release nor was there any use of force. This was a victory for persuasion, perseverance, and patient diplomacy. On hearing of the abduction on 11 October, I immediately asked our ambassador to the Philippines, Mr. Richard O’Brien, who is based in Singapore, to travel to Manila to work with 411 Other 15 December 2009. Questions

[Deputy Micheál Martin.] the Philippine authorities to help secure Fr. Sinnott’s early release. He was joined in Manila on 25 October by Mr. Robert Hull, an official from Ireland’s Mission in Timor-Leste. Ambassador O’Brien engaged in talks with the Government of the Philippines, representatives of the Moro Islamic Liberation Front, MILF, local officials in Mindanao, members of the Columban order in the Philippines and several international NGOs. We worked closely with our EU partners and the European Commission delegation. The ambassador also met with the Papal Nuncio and with Philippine church leaders. I would like to underline our deep appreciation to the United States Government for its assistance, as well as the Malaysian authorities. On 21 October, the ambassador. Mr. O’Brien travelled with a high-level delegation of EU ambassadors to Mindanao, the southernmost island of the Philippines, which is home to a number of armed Islamist secessionist groups and where the security situation remains extremely fragile. While in Mindanao, the ambassador had a separate meeting with the leadership of the MILF at their headquarters in the jungle. He made a strong plea for Fr. Sinnott’s release and received assurances from the MILF that they would do everything in their power to bring the kidnap to an end. Our ambassador to the Vatican, Mr. Noel Fahey, also maintained contact with the Columban order in Rome. I was in direct contact with my Philippine counterpart, Foreign Secretary Romulo to convey the great concerns of both the Government and the Irish public. I emphasised our desire to see the kidnap resolved in a peaceful manner. I have since expressed my sincere gratitude to the Philippine Government for the consistently excellent co-operation it extended to us in securing Fr. Sinnott’s release. The Sinnott family and the Columban Fathers demonstrated remarkable stoicism throughout their ordeal. I spoke to them on several occasions, and my officials maintained daily contact with them to brief them on developments. Fr. Sinnott arrived in Dublin airport on 3 December, where he was anxiously awaited by his family and friends. Officials from my Department who had worked on the case were also present to greet him on behalf of the Government. I met with Fr. Michael and three of his Columban colleagues in Leinster House on Thursday last to welcome him back to Ireland and to discuss his experience. Our meeting left me with a strong impression of a truly selfless and dedicated man, and with an even deeper appreciation of the inspirational work carried out by our missionaries abroad. Fr. Sinnott was particularly pleased with the acknowledgment that the Chair gave him when he was in the Visitors Gallery. Today, he is attending a special ceremony with the President in Áras an Uachtaráin. However, because we are busy here, we are not in a position to attend that.

An Leas-Cheann Comhairle: I met him yesterday when crossing the street in Clonard, a place that might be known to some of those here.

Deputy Billy Timmins: That is a bit far from the Leas-Cheann Comhairle’s bailiwick in the centre of Wexford to be out knocking on doors. I know the place well. I want to compliment the Minister on the work done by the Department of Foreign Affairs, particularly that of ambassador O’Brien, in assisting in getting the release of Fr. Sinnott. Unfor- tunately, his release is in stark contrast to the murder of the Kiltegan priest, Fr. Roche. We would like to sympathise on his tragic passing. I raised the issue of the safety of Irish people abroad with the Minister of Defence during discussion on defence legislation a couple of months ago. This is probably not as applicable to Ministers as it is to NGOs. The Minister said he would have a discussion on this with his colleague. If he has not, will he take this up? While I am conscious of the fact that aid agencies are aware of security, one can never have too many measures in place. 412 Other 15 December 2009. Questions

I agree that the events of recent months are a cause of deep concern. There is clearly an increase in the frequency of such events. I, too, sympathise with the family of the late Fr. Roche, the priest of the Kiltegan Fathers who was murdered last week. We are very concerned about this. My officials will be drawing lessons from the recent incidents and we will be in discussion with the NGOs to ensure the optimal security of workers and volunteers who go overseas to be of service to very vulnerable people.

Deputy Michael D. Higgins: It is a very happy outcome that Fr. Michael Sinnott has been released since the matter of his captivity was raised on the Adjournment some weeks ago. He was very impressive when we met him. The graciousness of his response, his courage and his commitment to the people, to whom he is to return in January, are admirable. With regard to the murder of a Kiltegan Father in Kenya, it is very important that it be pointed out, as the Minister for Foreign Affairs has done, that attacks on such people are attacks on all the people of Ireland. All the people in question who work abroad do not qualify for pensions in the Irish system on the grounds that they do not meet the habitual residency requirement.

An Leas-Cheann Comhairle: That is certainly broadening the scope of the question.

Deputy Michael D. Higgins: It is an issue we will address sometime.

Deputy Micheál Martin: I support the Deputies’ remarks. I have already stated in public that the performance of our public servants, particularly Ambassador O’Brien, demonstrated public service at its best.

Deputy Michael D. Higgins: Absolutely.

Deputy Micheál Martin: That should be articulated clearly. Ambassador O’Brien and Mr. Robert Hull went to extraordinary lengths, as did our ambassador in Kuala Lumpur. One gets some sense of the network of people involved. One might ask why there is such a network in Malaysia but that is where the Mindanao peace process was being brokered. That peace process was central to the release of Fr. Sinnott. At times such as these, we must reflect on the quality of Irish people overseas and the extraordinary work they do in very difficult circumstances when called upon to do so.

Deputy Billy Timmins: Does the Minister agree that, although US foreign policy comes in for criticism quite regularly in this Chamber, it is important to acknowledge the role US foreign affairs officials played in securing the release of Fr. Sinnott.

Deputy Micheál Martin: The US Government was of great assistance to us and has been on an ongoing basis in respect of such issues. I refer in particular to the case of Fr. Michael Sinnott. Secretary of State Clinton was particularly helpful. I have written to her thanking her for her interest in this case and for the help and assistance of her Government. I have written to quite a few Governments to thank them for their general co-operation in respect of this case. I have also written to the head of the MILF, who wrote back and made the point that the Northern Ireland peace process is a model that interested parties in his part of the world aspire to emulate.

Written Answers follow Adjournment Debate.

413 Leaders’ 15 December 2009. Questions

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Deirdre Clune — the need to ensure connectivity following any restructuring plan of Aer Lingus; (2) Deputy Michael Noonan — the administration of the rent allowance scheme and specifically the transfer of responsibility for it to the Department of Social and Family Affairs; (3) Deputy James Bannon — the provision of services at the Midlands Regional Hospital, Mullingar, County Westmeath; (4) Deputy Mattie McGrath — the relocation of the South Tipperary VEC adult literacy centre in Clonmel, County Tipperary; (5) Deputy Jimmy Deenihan — staffing levels and emergency care provided at Kerry General Hospital; and (6) Deputy Michael Ring — delays in the renewal of over-70s medical cards. The matters raised by Deputies Jimmy Deenihan, Michael Ring, Michael Noonan and Mattie McGrath have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: I would like to raise with the Taoiseach the consequences of last Wednesday’s budget. Bearing in mind that the hype and big discussion are over, the consequences are becoming evident for a great many people. Politicians stated in the House that, in accepting the fact that there was a requirement to secure a reduction in current spending of approximately \4 billion, there should be a sense of fairness in the budget. I want to address this very issue. Fine Gael has tabled a motion for Private Members’ time dealing with the consequences for the disabled, blind and carers who cannot work because of their circumstances. The contacts made with me as a politician over the past weekend and the graphic descriptions given of the circumstances that apply in respect of these three categories suggest clearly that this budget is demonstrably unfair and mean. Let me outline why. The pension for the blind is means tested. If a person who is blind has any means or is married to a person of means, he or she cannot draw the pension. Those who do qualify apply for the old age pension when they reach the qualifying age because it is of a higher value. There are only 1,500 people in this category nationally, yet the Minister has taken \8.60 off them every week. They cannot work and they have a very strict means test applied to them. Carers provide over 3 million hours of care every year because of their love of kith and kin. Let me tell the House about Tom from Arklow, whose case is public. He looks after his loved one because she has had multiple sclerosis for 16 years. Tom was an IT consultant earning \400 per day, or \2,000 per week, and is now a full-time carer. The conditions specify that the care must be full-time. Tom’s allowance has been cut by \8.60. His loved one is in a wheelchair. The house must be heated because she cannot move around, thus incurring a higher cost than would normally be the case. The carbon tax will result in their paying extra for travel. The woman’s dietary requirements are such that the cost of living in the house is higher than normal. The same applies to all the disabled. The Government, in seeking cuts in the order of \4 billion, has actually aimed the political gun at the most vulnerable, including the blind, carers and the disabled. The Taoiseach and I have been in houses and have seen people with dementia and incontinence and we have noted the pressure on those who look after these people on a full-time basis. These carers save the State an average of \40,000 each, which amounts to hundreds of millions of euro every year, yet the response of the Government has been to take \8.60 off each of them. It has pumped billions of euro into a black hole of banks and has allowed people with pensions of more than \100,000 to walk away untouched. There can be nothing—— 414 Leaders’ 15 December 2009. Questions

An Ceann Comhairle: Deputy Kenny, could we have a question please?

Deputy Enda Kenny: ——in our so-called Christian country that is as unfair as what I saw last Wednesday for the carers, the disabled and the blind. Every Minister with any gumption should be ashamed to walk up those steps to vote against the motion against these measures. I ask the Taoiseach not to divide the House tomorrow on an issue that is as sensitive as this, where there are defined numbers and cases. Many of those affected are in their houses having to put up with the cruel consequences of this Government cut. With so many other options available, will the Taoiseach tell us now that he will reverse these cuts?

The Taoiseach: The Government had to consider how we could have a sustainable social welfare system going forward against the fact that the revenues coming into the Exchequer are at the same level that they were six years ago in 2003. In the meantime, when resources allowed, there were, rightly, significant increases way beyond the cost of living increases for social welfare recipients. The Government is quite proud of what it achieved during those years.

Deputy Pádraic McCormack: That was from the generosity of his heart.

The Taoiseach: In the pre-budget outlook, the Government had to take a position on social welfare spending reductions, a spend of over \22 billion against just \32 billion coming into the coffers. That is not a sustainable position. The rate of savings identified meant all areas of expenditure had to be examined, including social welfare. The Government sought to carefully consider the matter and ensure that the level of reduction or contribution from various blocs of public expenditure was least in the social welfare area. That being said, I recognise that any reduction in social welfare rates is a disappointment to their recipients. We made this decision out of the necessity of ensuring that we have a social welfare code going into the future which we can sustain. On the one hand, we cannot agree that a \4 billion adjustment needs to be made while, on the other, suggest there are easier ways for it to be found. It is a difficult exercise but one which had to be undertaken by the Government in a considered way. While there has been a cut on average of \8.30 on all working payments for those under 66 years, excluding dependants of pensioners over 66 years, the cost of living is back at February 2007 levels. Welfare payments, even after these cuts, will still be at 2008 levels. At 2003 revenue levels, social welfare rates would have been 50% lower than they are today. The issue is how can savings in the social welfare code be ensured. We all understand the cuts affect recipients but they have been introduced in such a way as to protect them to the greatest extent possible. There has been a reduction in the cost of living. The increase of 3% in welfare rates in the 2009 budget means there is a net effect of 1.1% considering the consumer price index and the cost of living impact on welfare recipients. Others have been protected such as the 475,000 old age pensioners and the 430,000 children in low-income or welfare-dependent families. We had to focus the savings wherever we could. Unfortunately, it was not possible to construct a budget without a contribution from the social welfare budget. We had to make those decisions. That the cost of living came down this year helped us maintain people’s living standards despite the cuts made. 415 Leaders’ 15 December 2009. Questions

Deputy Enda Kenny: I am disappointed to hear such a response from the Taoiseach. This is not the Deputy Cowen I knew.

Deputy Pádraic McCormack: He has changed.

Deputy Enda Kenny: The Deputy Cowen I knew had a genuine feeling for the voiceless, for those with no trade union, for those with nobody to represent them except their associations and public representatives. The Taoiseach spoke about the social welfare system going forward, the \22 billion in social welfare expenditure, the pre-budget outlook and the Government’s understanding that a contribution had to be made. The cost of excluding carers, the disabled and the blind is \108 million.

Deputy Paul Kehoe: That is nothing.

Deputy Enda Kenny: In my contribution, I was careful to point out the categories of carers, the disabled and the blind. I did not mention pensioners or children.

An Ceann Comhairle: Could we have a question please?

Deputy Enda Kenny: In the Fine Gael alternative proposals, it would have been possible to exclude all categories. Regarding the point of going forward, as the Taoiseach said, and it causes people trouble, budgets are always about choices. My contention is the Taoiseach has made a very bad choice. For example, had the Government chosen to accept more of the McCarthy report’s recommendations on the elimination of quangos, it would have saved \175 million. By doing so, the Government could have left the carer’s allowance for Tom, looking after his wheelchair bound wife in Arklow, untouched. By doing so, it would not have had to take \8.30 off the 1,500 recipients of the blind person’s allowance, all of whom are means tested anyway.

An Ceann Comhairle: Deputy Kenny, this a serious overrun in the time allowed.

Deputy Enda Kenny: There was an easier way to find these moneys when the Taoiseach claims there was not. As Fine Gael has pointed out for the past two and a half years, it could have easily been done with the elimination of quango after quango. The Taoiseach was informed in writing this would save \175 million. If the Taoiseach proceeds down this line against this motion this evening and tomorrow, he will divide the public representatives of all the people on the issue of social welfare allowances to carers, the disabled and the blind.

An Ceann Comhairle: Could we have a question Deputy Kenny please?

Deputy Enda Kenny: Every Government Member who walks up those steps tomorrow during the division on the motion should be ashamed of what they have taken from those who have no voice, no trade union and no one to come to this House to argue for their case every day.

Deputy Pádraic McCormack: They are ashamed.

Deputy Enda Kenny: There is an easier and better way. Several opinions are open to the Taoiseach to allow him not reduce allowances to carers, the disabled and the blind.

416 Leaders’ 15 December 2009. Questions

What about the amount carers save for the State because of love of kith and kin? The message sent out to them is that they do not count and neither does their work. It is not good enough to say we gave them more in times of plenty.

An Ceann Comhairle: Could we have a question Deputy Kenny please?

Deputy Enda Kenny: Of course the Government gave them, rightly, more and it was appreciated. However, he cannot take it from them now, in such a short time before Christmas.

Deputies: Hear, hear.

Deputy Enda Kenny: These are the people who have no voice with no one to speak for them except for the few who do in here. Tomorrow, the Government will have an opportunity to vote on this motion. The Taoiseach must reverse these cuts. There is another way he can find \108 million in cuts and not take \8.30 a week off carers, the disabled and the blind. If he does it before Christmas, everyone will say the Taoiseach has done the right thing at last.

Deputies: Hear, hear.

The Taoiseach: It is easy for the Leader of the Opposition to suggest alternative ways to find this, that and the other.

Deputy Shane McEntee: Why does the Government not take it off the rich?

The Taoiseach: It is the Government’s responsibility to——

Deputy P. J. Sheehan: Get rid of the quangos.

Deputy Shane McEntee: Why not take it off the rich people?

Deputy P. J. Sheehan: Get rid of the quangos.

An Ceann Comhairle: Deputy Sheehan, the Taoiseach without interruption.

The Taoiseach: I listened to the Deputy’s party leader in silence.

Deputy Shane McEntee: Fine Gael gave the Taoiseach an option but he does not want to listen to anyone.

Deputy Peter Power: Will the Deputy listen in silence?

An Ceann Comhairle: Deputy McEntee allow the Taoiseach without interruption.

The Taoiseach: It is easy for the Leader of the Opposition to suggest continually that there are easier ways of finding money. The \4 billion that we recalled simply stabilises the deficit. We still have an Exchequer borrowing requirement this year of \18.8 billion.

Deputy Enda Kenny: The figure in this case is just \108 million.

The Taoiseach: We still have to reduce our indebtedness over time. We must recognise and confront that reality in the best way we possibly can. While acknowledging one is open to criticism when one touches a social welfare rate at any time, the best prospect of maintaining the levels of support the Government built up over the years must be sought. The value of 417 Leaders’ 15 December 2009. Questions

[The Taoiseach.] what is being provided for people is \10 ahead in terms of what they were getting in 2007 and the cost of living at that time.

Deputy Pádraic McCormack: The Taoiseach is a magician.

The Taoiseach: These are the facts.

Deputy Róisín Shortall: They are not.

The Taoiseach: They are of course difficult facts. No one is suggesting it is easy. It is not easy for any Government. I am sure it was not easy for the Government of which the Deputy was a member which gave only \1.50 per week extra to pensioners. I am sure that was a difficult decision and that that Government was not in a position to give any more.

Deputy Róisín Shortall: At least we did not cut it.

Deputy Pádraic McCormack: Fianna Fáil has been in power for 12 years.

Deputy Noel J. Coonan: It was better than taking money from them.

The Taoiseach: We debated the issue at which time I am sure the Government was criticised for its decision. The fact is we are in a new economic situation. We are in a situation where we have to deal with the issues.

Deputy Bernard J. Durkan: The Government is not doing anything about it.

Deputy Pádraic McCormack: The Government caused it.

An Ceann Comhairle: Deputy McCormack.

(Interruptions).

The Taoiseach: It is not a sustainable position to suggest that we can have a \22 billion social welfare bill next year and have receipts coming into the Exchequer of \32 billion and then look after public service pay issues, programmes, capital programmes and everything else.

Deputy Pádraic McCormack: Advisers and everything else.

The Taoiseach: It is not a sustainable position. Therefore, the reduction in social welfare that had to be contemplated and acted upon by Government,——

Deputy Bernard J. Durkan: The Taoiseach was in charge.

The Taoiseach: ——reluctant though we were, was necessary. It was necessary and done in the best possible way.

Deputy Róisín Shortall: It was cowardly. The Government hit the poor.

The Taoiseach: I confirm that the respite care grant of \1,700 per annum was not affected nor was the half rate carer’s allowance, which is an innovation introduced some years ago.

(Interruptions). 418 Leaders’ 15 December 2009. Questions

The Taoiseach: I accept that this is not an easy position for any Government to be in. The decision was necessary.

Deputy Róisín Shortall: No, it was not; that is a lie.

The Taoiseach: It was part of the overall \4 billion requirement.

(Interruptions).

An Ceann Comhairle: Deputies please.

The Taoiseach: It is simply part of a budgetary process that will have to continue in coming years so that we can get this country back to solvency——

Deputy Bernard J. Durkan: It was brought about by bad government.

Deputy Joe Costello: Ask Deputy Gogarty.

The Taoiseach: ——and to do so in a way that is as fair as possible to everyone.

An Ceann Comhairle: Deputy Durkan, please.

The Taoiseach: The most unfair and callous thing one could do would be to suggest that a no change policy could be sustained into the future. That is not possible. It is better to be frank and candid about all areas of expenditure.

Deputy Dermot Ahern: Hear, hear.

Deputy Róisín Shortall: The Government did the most cowardly thing; it hit the weakest.

Deputy Dermot Ahern: Be honest about it.

Deputy Paul Kehoe: The Government’s own back benchers do not agree with it.

(Interruptions).

An Ceann Comhairle: I call Deputy Gilmore and ask Members to allow him ask his question without interruption, please.

Deputy Eamon Gilmore: When the Order of Business has concluded the House will begin to debate a Bill to cut the pay of State employees and to unilaterally change their conditions of employment. I want the Taoiseach to clarify two matters for me before we begin that debate. First, will the Taoiseach clarify to whom exactly the Bill will apply? There was speculation over the weekend that it might apply to employees of semi-State companies but that appears to have been clarified. The Schedule to the Bill excludes the semi-State employees. However, there is a provision in the Bill which appears to extend the application of the pay cut not alone to direct employees of the State but to employees of any body which is wholly or partly funded by the State. This presumably means it would be extended to employees of voluntary hospitals, community development projects, family resource centres——

Deputy Pádraic McCormack: FÁS.

Deputy Eamon Gilmore: ——Leader programmes, development organisations and charities. I want the Taoiseach to tell me if the cuts in pay will apply not alone to direct employees of 419 Leaders’ 15 December 2009. Questions

[Deputy Eamon Gilmore.] the State but to all bodies, as stated in the Bill, which are wholly or partly funded directly or indirectly out of moneys provided by the Oireachtas or from the Central Fund. Second, will the Taoiseach tell the House what impact the cuts imposed under this Bill will have on the weekly household income of a family of a clerical officer in a Government Depart- ment married to a library assistant, both earning \30,000 per annum and who have three children? What will be the weekly reduction in that household’s income?

Deputy Pádraic McCormack: The Taoiseach is good at sums.

The Taoiseach: I do not have in front of me the tables in regard to the impact of the cuts. Obviously, there will be a 5% reduction up to a certain level in respect of the people to whom the Deputy refers. The situation is as set out in the Schedule to the Bill. The Minister for Finance will outline the provisions in detail on Second Stage and during Committee Stage. The categories of employees to whom it applies are as confirmed by the Deputy.

Deputy Eamon Gilmore: With regard to those to whom it applies, it is stated that it will apply to a body that is wholly or partly funded directly or indirectly out of money provided by the Oireachtas or from the Central Fund or the growing produce of that fund. As I understand it, that extends the application of the pay cut not alone to direct employees of the State but to all those employed in the various voluntary sectors that are funded by the State, including voluntary hospitals and so on. Frankly, I find it difficult to see how this can be done given that the contracts of employees of those bodies is not with the State but the bodies which employ them. That is what the Bill says. The Taoiseach has not thrown any more light on the issue in his reply. With regard to the Taoiseach’s reply to the second part of the question that he does not know what will be the impact of this measure——

The Taoiseach: It will be 5%.

Deputy Eamon Gilmore: ——on a family made up of a clerical assistant and library assistant, each earning \30,000 per annum and who have three children, the answer is \70 per week. Of course, the Taoiseach does not know what will be the impact of the cuts because the Govern- ment did not bother its barney to assess what would be the impact of its budgetary measures——

Deputy Joe Costello: Hear, hear.

Deputy Eamon Gilmore: ——on low paid employees and on the type of people, as referred to by Deputy Kenny, who are impacted by the cut in social welfare payments. There is a requirement on Government — it is in the Cabinet handbook — that every measure before Government be poverty proofed. It is to be examined to see what impact it will have on those who are in poverty or at risk of going into poverty. When the Labour Party asked last week in this House where was the document in respect of poverty proofing of the budget and why it was not included in the budget documentation and laid before this House, none of the Ministers present at the time knew anything about it. They knew nothing about any type of examination to see what type of impact the measures in the budget would have on poor people. The Taoiseach’s answer today confirms that the Government has not given a second thought to what will be the impact of its budgetary measures on the lives of people in receipt of social 420 Leaders’ 15 December 2009. Questions welfare payments or in respect of cuts to the earnings of low paid people. The Taoiseach cannot even tell this House today what will be the reduction in the family income of two people impacted by the cut in pay at the lowest level. The Government did not give a second thought to this issue. It does not give a curse for people who are poor or in receipt of low pay.

(Interruptions).

Deputy Dermot Ahern: Deputy Gilmore is back in his mould again.

The Taoiseach: We are back to the polemics again. I was asked a specific question during Leaders’ Questions in regard to which one would not have information unless one had a table. I stated there will be a 5% cut.

Deputy Eamon Gilmore: I know that.

The Taoiseach: If the Deputy wants to outline the actual amounts for me then we can work out the figure.

Deputy Eamon Gilmore: It is the type of information one would remember.

The Taoiseach: No, it is not.

Deputy Eamon Gilmore: If it mattered to the Taoiseach, he would remember.

An Ceann Comhairle: Deputy Gilmore, please.

The Taoiseach: No, the Deputy is playing word games and trying to suggest to the media that the Government is indifferent in terms of the impact of the cuts. We are well aware of the impact. It is 5% up to a certain level and then moves on to 7.5% and beyond. We have the tables. In respect of this budget, I make the point that taking 2009 and 2010 together, what is termed progressivity, people paying more at the higher end, is the case as a result of what we have been able to achieve in 2009 and 2010 taken together.

Deputy Eamon Gilmore: The Taoiseach must be joking; that is not the case.

The Taoiseach: One must look at the tax increases in April and the expenditure cuts now. That has been part of the budgetary strategy to make the adjustment.

Deputy Noel J. Coonan: Fianna Fáil has been in power for 12 years.

The Taoiseach: What amuses me in this House——

Deputy McCormack: The Taoiseach does not look amused.

The Taoiseach: ——is the Opposition saying, “Yes, of course, it should be \4 billion” and “Yes, we will be responsible and we will make sure that we come forward with the expenditure cuts” and when it comes to the crunch saying, “No, not that way” and “Think up some other way.”

(Interruptions).

The Taoiseach: All we are hearing is the populist notions that there is some simple way of this country getting out of trouble. 421 Order of 15 December 2009. Business

(Interruptions).

An Ceann Comhairle: The Taoiseach, without interruption please.

The Taoiseach: There is not. It requires the Government to have a bit of gumption and determination to do it and that is what we are prepared to do.

Request to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a notice under Standing Order 32. I call on Deputy Feighan.

Deputy Frank Feighan: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely the jobs losses at Emerald Star and the implications for tourism potential along the Shannon; Emerald Star is the number one boat rental and cruising company, offering a huge fleet on the Shannon providing excellent employment.

An Ceann Comhairle: Having considered the matter raised, it is not in accordance with Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 11, motion re referral to select committee of proposed approval by Dáil Éireann of the reports by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2007 and 2008; No. 12, motion re Orders of Reference of Committee; No. 5, Financial Emergency Measures in the Public Interest (No. 2) Bill 2009 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; and Nos. 11 and 12 shall be decided without debate. Private Members’ Business shall be No. 96, motion re social welfare cuts.

An Ceann Comhairle: Is the proposal that the Dáil sit later than 8.30 p.m. agreed to?

Deputy Caoimhghín Ó Caoláin: It is not agreed.

Deputy Enda Kenny: I have here the calendar of Dáil sessions for 2009-10. Before we get into this Order of Business, I ask the Taoiseach to confirm that the rumours I hear that the Dáil is not due back until 19 January are untrue and that, in accordance with this circulated calendar of sessions, the Dáil will return here on 13 January.

Deputy Eamon Gilmore: The Labour Party will not agree the Order of Business today because of the manner in which the Government is rail-roading measures through the Dáil. I refer to the cuts in social welfare, which it rail-roaded through on Friday last using a guillotine, and this proposal to rail-road through the cuts in pay, again by the use of a guillotine. All of this is part of a piece of clever pre-Christmas choreography by the Government, first, to have the budget a week late limiting the amount of time there would be for a budget debate and then to have two pieces of legislation giving effect to the unfair measures contained in the budget, both of which it plans to have rammed through before the Christmas in the hope that people will put it behind them over Christmas and it will minimise the amount of grief that they get for it. This approach is not acceptable to the Labour Party and for that reason, the Labour Party will not agree to the Order of Business. 422 Order of 15 December 2009. Business

Deputy Caoimhghín Ó Caoláin: This proposition on two hours’ additional time sitting this evening is to accommodate the Second Stage debate of the so-called Financial Emergency Measures in the Public Interest (No. 2) Bill 2009. The Government wants to rush through this legislation, with a guillotine on all Stages tomorrow. That is the situation we face. The purpose of the Bill is to implement the budget cuts in pay to public service workers, as announced here last week. This is an outrageous proposition that we vehemently oppose. It is an attack on the lowest to middle-income workers within the public service who are seen daily running all of the important services, not only those on which we depend in health, education and public transport, but even this institution itself — the people who do a great deal of the work here in the Houses of the Oireachtas are all affected. Make no mistake, the announcement of these cuts was followed quickly by employers’ demands for a cut in the minimum wage. For what is signalled as applying to public service workers, private sector workers can be the next target. Those, in IBEC or in any of the other employer organisations, are only feasting on the opportunity presented. We have no assurances from the Government that the minimum wage will not be cut, as these employer voices so demand. This legislation is vexatious. It is a travesty. Already, this sector has, with the introduction of the public service pension levy, borne the brunt of the single largest contribution to addressing the difficulties we are currently facing as an economy.

An Ceann Comhairle: The Deputy is anticipating the debate.

Deputy Caoimhghín Ó Caoláin: Those are the facts of the matter. It is not just about time; it is what the time is for. It is to accommodate the passage of this legislation, and we oppose it.

The Taoiseach: This Bill, like the social welfare Bill last week, is being brought forward because of the need for the Government to implement the measures as announced in the budget so that they are in law and ready for the beginning of the next financial year, on 1 January. They will have full-year effect. The purpose of the Bill proposed to be taken today, Financial Emergency Measures in the Public Interest (No. 2) Bill 2009, is to reduce the remuneration of public servants as a financial emergency measure in the public interest. The Bill is introduced in the context of the priority being given to the stabilisation of the public finances, including the need to achieve an adjustment of over \1 billion in the public service pay and pensions bill in 2010, quite apart from other measures that will also have a beneficial effect. The Bill, as drafted, closely follows the Financial Emergency Measures in the Public Interest Act 2009, which implemented the pension levy reduction for public servants in March 2009. The scope of the proposed legislation will mirror that for the pension levy——

Deputy Joan Burton: That is not true.

The Taoiseach: ——by covering the public servants.

An Ceann Comhairle: The Taoiseach without interruption please.

Deputy Noel Dempsey: Stop interrupting.

Deputy Joan Burton: On a point of order, what the Taoiseach is saying is incorrect. The last emergency measure applied to people who had public service pensions and this Bill does not. 423 Order of 15 December 2009. Business

An Ceann Comhairle: That is not a point of order. Will Deputy Burton resume her seat?

The Taoiseach: As for the pension levy, 22 public service bodies and their subsidiaries listed in the Schedule to the Bill will also be exempt due largely to the commercial nature of their remit. We will apply a graduated and progressive pay cut to salaries up to the levels below the senior public servants covered by the Review Body on Higher Remuneration in the Public Sector. As I stated in my response to Leaders’ Questions from Deputy Gilmore, for persons in the occupations to which he referred the cut will be 5% on income — whatever that would work out at — up to \30,000, 7.5% on the next \40,000 and 10% on the next \55,000 of salary. It produces reductions in salaries ranging from 5% to 8% in the case of salaries up to \125,000. On the question of when the recess will be, that will be decided on Thursday. It would be our intention to return on a date sooner than any of those over the past 15 years.

Question put: “That the proposal for dealing with the late sitting be agreed to.”

The Dáil divided: Tá, 76; Níl, 72.

Tá

Ahern, Bertie. Kenneally, Brendan. Ahern, Dermot. Kennedy, Michael. Ahern, Michael. Kitt, Michael P. Ahern, Noel. Kitt, Tom. Andrews, Barry. Lenihan, Brian. Andrews, Chris. Lowry, Michael. Ardagh, Seán. McEllistrim, Thomas. Aylward, Bobby. McGrath, Mattie. Brady, Áine. McGrath, Michael. Brady, Cyprian. McGuinness, John. Brady, Johnny. Mansergh, Martin. Browne, John. Moloney, John. Byrne, Thomas. Moynihan, Michael. Calleary, Dara. Mulcahy, Michael. Carey, Pat. Nolan, M.J. Collins, Niall. Ó Cuív, Éamon. Conlon, Margaret. Ó Fearghaíl, Seán. Connick, Seán. O’Brien, Darragh. Coughlan, Mary. O’Connor, Charlie. Cowen, Brian. O’Dea, Willie. Cregan, John. O’Donoghue, John. Cullen, Martin. O’Flynn, Noel. Curran, John. O’Hanlon, Rory. Dempsey, Noel. O’Keeffe, Batt. Devins, Jimmy. O’Keeffe, Edward. Dooley, Timmy. O’Rourke, Mary. Fahey, Frank. O’Sullivan, Christy. Finneran, Michael. Power, Peter. Fitzpatrick, Michael. Power, Seán. Fleming, Seán. Roche, Dick. Flynn, Beverley. Ryan, Eamon. Gogarty, Paul. Sargent, Trevor. Grealish, Noel. Scanlon, Eamon. Harney, Mary. Treacy, Noel. Haughey, Seán. Healy-Rae, Jackie. Wallace, Mary. Hoctor, Máire. White, Mary Alexandra. Kelleher, Billy. Woods, Michael. Kelly, Peter.

424 Order of 15 December 2009. Business

Níl

Bannon, James. Lynch, Ciarán. Barrett, Seán. Lynch, Kathleen. Behan, Joe. McCormack, Pádraic. Breen, Pat. McEntee, Shane. Broughan, Thomas P. McGrath, Finian. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Naughten, Denis. Byrne, Catherine. Neville, Dan. Carey, Joe. Noonan, Michael. Clune, Deirdre. Ó Caoláin, Caoimhghín. Connaughton, Paul. Ó Snodaigh, Aengus. O’Donnell, Kieran. Coonan, Noel J. O’Keeffe, Jim. Costello, Joe. O’Mahony, John. Crawford, Seymour. O’Shea, Brian. Creed, Michael. O’Sullivan, Jan. Creighton, Lucinda. O’Sullivan, Maureen. D’Arcy, Michael. Penrose, Willie. Deasy, John. Perry, John. Deenihan, Jimmy. Quinn, Ruairí. Doyle, Andrew. Rabbitte, Pat. Durkan, Bernard J. Reilly, James. English, Damien. Ring, Michael. Feighan, Frank. Shatter, Alan. Ferris, Martin. Sheahan, Tom. Flanagan, Charles. Sheehan, P.J. Flanagan, Terence. Sherlock, Seán. Gilmore, Eamon. Shortall, Róisín. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Higgins, Michael D. Timmins, Billy. Hogan, Phil. Tuffy, Joanna. Howlin, Brendan. Upton, Mary. Kehoe, Paul. Varadkar, Leo. Kenny, Enda. Wall, Jack. Lee, George.

Tellers:Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Is the proposal for dealing with Nos. 11 and 12 agreed to?

Deputy Joan Burton: On behalf of the Labour Party, I say we do not accept these items. We were informed the Government is preparing amendments to the emergency measures Bill which will decrease the deduction for the highest paid civil servants in the public service, bringing their deduction levels down while at the same time the Bill will provide 5o’clock for Ministers of State to get a 2% advantage. I understand the Government is considering that and there may be an amendment before the House which we have not seen. We are being asked to discuss a Bill which will contain important amendments and have had no advice from the Minister——

An Ceann Comhairle: The Deputy is anticipating the debate on the Bill.

Deputy Joan Burton: ——with regard to that. This House is not a dictatorship. We need the information. Is the Government planning a sweetheart deal with the Ministers of State?

An Ceann Comhairle: Deputy—— 425 Order of 15 December 2009. Business

Deputy Joan Burton: Will the Government reduce the deductions for the highest level of Secretaries General?

An Ceann Comhairle: I ask Deputy Burton to resume her seat.

The Taoiseach: On a point of information——

Deputy Joan Burton: Is that true?

The Taoiseach: No, as usual, it is not.

Deputy Joan Burton: Will those amendments go into the Bill?

Deputy Billy Kelleher: Wrong again.

An Ceann Comhairle: One speaker at a time.

The Taoiseach: I would like to inform the House, if not the Deputy, as she is not prepared to listen, that the cuts she mentioned to salaries of senior civil servants and Ministers of State will be greater than the figure recommended.

(Interruptions).

Deputy Joan Burton: We will see if their 10% cut is the same as the previous cut.

An Ceann Comhairle: Deputy Burton must resume her seat.

Deputy Caoimhghín Ó Caoláin: The proposal is that the House should accept these reports without debate, including that of the Minister for Defence regarding the involvement of the Defence Forces with the United Nations in 2007 and 2008. We do not agree to the taking of this proposition without debate in the Chamber. The reason is very simple. At the most recent meeting of the European Council the Taoiseach appended his name to a declaration that clearly welcomes the recent decision by the United States to send thousands of extra troops to Afghanistan to escalate the conflict in that country. That is totally and absolutely opposed by the overwhelming majority of Irish people who do not accept the legitimacy of the war in Afghanistan. As long as there is a small Irish contingent they should not be involved in the so- called international security assistance force, ISAF, operation, which is only a figleaf for what is now——

(Interruptions).

Deputy John Moloney: Ask Micheál.

Deputy Caoimhghín Ó Caoláin: If the Ceann Comhairle would ask the hecklers in the Front Benches of the Government parties to desist I will be able to explain why I believe these reports should not be taken without debate. The fact is this is only a figleaf for what quite clearly is now a NATO-led operation with the United States and Britain in Afghanistan. We need a full debate on these reports on the floor of the Dáil. Make no mistake, we are talking here about Irish neutrality.

Deputy Martin Mansergh: Sinn Féin is never neutral.

Deputy Caoimhghín Ó Caoláin: It does not matter to me whether it involves seven members of our Defence Forces or 700, it is fundamentally wrong. In a reply I received only last week—— 426 Order of 15 December 2009. Business

A Deputy: What about the members of the army council?

An Ceann Comhairle: The Deputy is holding up proceedings.

Deputy Caoimhghín Ó Caoláin: ——to a parliamentary question——

An Ceann Comhairle: I ask Deputy Ó Caoláin to resume his seat.

Deputy Caoimhghín Ó Caoláin: Allow me to finish the point, Ceann Comhairle.

An Ceann Comhairle: Very briefly.

Deputy Caoimhghín Ó Caoláin: I established through a response to a parliamentary question last week that 243,000 US forces passed through Shannon Airport this year alone. That is a disgraceful situation——

A Deputy: Take the American shilling.

Deputy Pat Breen: We want more of them coming through.

Deputy Caoimhghín Ó Caoláin: ——and is a matter that needs to be properly debated on the floor of this House.

An Ceann Comhairle: I ask the Deputy to resume his seat. Question, “That the proposal for dealing with Nos. 11 and 12 be agreed to,” put.

The Dáil divided: Tá, 76; Níl, 70.

Tá

Ahern, Bertie. Harney, Mary. Ahern, Dermot. Haughey, Seán. Ahern, Michael. Healy-Rae, Jackie. Ahern, Noel. Hoctor, Máire. Andrews, Barry. Kelleher, Billy. Andrews, Chris. Kelly, Peter. Ardagh, Seán. Kenneally, Brendan. Aylward, Bobby. Kennedy, Michael. Brady, Áine. Kitt, Michael P. Brady, Cyprian. Kitt, Tom. Brady, Johnny. Lenihan, Brian. Browne, John. Lowry, Michael. Byrne, Thomas. McEllistrim, Thomas. Calleary, Dara. McGrath, Mattie. Carey, Pat. McGrath, Michael. Collins, Niall. McGuinness, John. Conlon, Margaret. Mansergh, Martin, Connick, Seán. Moloney, John. Coughlan, Mary. Moynihan, Michael. Cowen, Brian. Mulcahy, Michael. Cregan, John. Nolan, M. J. Cullen, Martin. Ó Cuív, Éamon. Curran, John. Ó Fearghaíl, Seán. Dempsey, Noel. O’Brien, Darragh. Devins, Jimmy. O’Connor, Charlie. Dooley, Timmy. O’Dea, Willie. Fahey, Frank. O’Donoghue, John. Finneran, Michael. O’Flynn, Noel. Fitzpatrick, Michael. O’Hanlon, Rory. Fleming, Seán. O’Keeffe, Batt. Flynn, Beverley. O’Keeffe, Edward. Gogarty, Paul. O’Rourke, Mary. Grealish, Noel. O’Sullivan, Christy. 427 Order of 15 December 2009. Business

Tá—continued

Power, Peter. Scanlon, Eamon. Power, Seán. Treacy, Noel. Wallace, Mary. Roche, Dick. White, Mary Alexandra. Ryan, Eamon. Woods, Michael. Sargent, Trevor.

Níl

Bannon, James. Lee, George. Barrett, Seán. Lynch, Ciarán. Behan, Joe. Lynch, Kathleen. Breen, Pat. McCormack, Pádraic. Broughan, Thomas P. McEntee, Shane. Bruton, Richard. McGrath, Finian. Burke, Ulick. Mitchell, Olivia. Burton, Joan. Morgan, Arthur. Byrne, Catherine. Naughten, Denis. Carey, Joe. Neville, Dan. Clune, Deirdre. Noonan, Michael. Connaughton, Paul. Ó Caoláin, Caoimhghín. Ó Snodaigh, Aengus. Coonan, Noel J. O’Donnell, Kieran. Costello, Joe. O’Keeffe, Jim. Crawford, Seymour. O’Mahony, John. Creed, Michael. O’Shea, Brian. Creighton, Lucinda. O’Sullivan, Jan. D’Arcy, Michael. O’Sullivan, Maureen. Deasy, John. Penrose, Willie. Deenihan, Jimmy. Perry, John. Doyle, Andrew. Quinn, Ruairí. Durkan, Bernard J. Rabbitte, Pat. English, Damien. Reilly, James. Feighan, Frank. Ring, Michael. Ferris, Martin. Sheahan, Tom. Flanagan, Charles. Sheehan, P. J. Flanagan, Terence. Sherlock, Seán. Gilmore, Eamon. Shortall, Róisín. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Higgins, Michael D. Timmins, Billy. Hogan, Phil. Tuffy, Joanna. Howlin, Brendan. Upton, Mary. Kehoe, Paul. Varadkar, Leo. Kenny, Enda.

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Deputy Enda Kenny: Has the Taoiseach considered the implications of the report published by the Ombudsman in respect of the lost at sea scheme? As he will be aware, that scheme was introduced by the former Minister, Deputy Frank Fahey. The report states, in the words of the Ombudsman, that the case is unusual in that it embraces both the actions of a Minister and his officials. The Taoiseach will be aware of the generality of the scheme which was to introduce capacity in the Irish fishing fleet for lost tonnage at sea. The issue arose because of the inability of some people to qualify or apply for the scheme in the way it was advertised and presented. The report contains a number of observations of the Ombudsman where it states clearly that the distinction had to be drawn between the actions of officials and the actions of the Minister. In fairness, it goes on to state that the Minister never denied that the scheme was his and that he introduced a number of changes to protect the scheme, but the outcome from the 428 Order of 15 December 2009. Business

Ombudsman’s perspective is that it was badly drafted, badly presented, badly advertised, exclusive to a confined category of members and was subject to a time constraint. This is an issue that should be discussed here. At the conclusion of her opening remarks, the Ombudsman states: “I respectfully ask the Houses to consider my report and to take whatever action they deem appropriate in the circumstances.” This is a matter of public importance and, to give everybody an opportunity to be able to speak about this matter freely, I recommend that we have a discussion in the House about it in the new year. If the House decides to refer it to the appropriate Dáil committee for deeper analysis, let all those involved in this report say their piece and answer questions as appropriate. We should take into account the Ombudsman’s statement that the Houses should consider the report and I respectfully suggest to the Taoiseach that, at an appropriate time in the new year, the Whips might agree that there be a discussion on the loss at sea scheme report here in the Dáil and that it be referred to a committee for deeper analysis and consideration. Also, is it intended at any time in 2010 to give consideration to legislation in the area of human reproduction? The Taoiseach is aware of two cases before the courts recently dealing with this area. I know it is complex and not an easy subject to legislate for, but it is an issue that will arise from a moral and ethical point of view in an increasing number of instances in the future. The Taoiseach might respond as to whether the Government intends to consider that in terms of appropriate legislation in the future.

Deputy Jan O’Sullivan: A Cheann Comhairle, can I ask about that issue?

An Ceann Comhairle: Very briefly. A number of issues were raised by Deputy Kenny.

Deputy Jan O’Sullivan: I know some preparatory work in regard to legislation has been done already because of the report of the commission and it was indicated to me by way of parliamentary question last week that it was awaiting the outcome of the Supreme Court judgment, which has now been delivered. Can the Taoiseach give us some indication as to when that legislation will be ready for publication?

The Taoiseach: The judgment was handed down today. Obviously, it will be examined by the Attorney General and the Minister will be advised accordingly. This is a complex area and one on which all sides of the House should try to work together to see if it is possible to come forward with proposals which would meet with the support of the House. As has been said, it is a highly complex area. There are legal, social and ethical issues involved. Some 40 recommendations were made by a commission on assisted human reproduction which reported some years ago and it is important that the House and the relevant committee work in a collegiate way, if at all possible, to try to see where we go from here in regard to it. This is a service that has benefited many Irish couples. It must be properly regulated, putting patient safety first, and give patients the assurance that effective standards of care and governance are in place. It is a challenge for the House and the committee and I ask that everyone would seek to address it in a responsible way. Obviously the Government and the relevant Minister, the Minister for Health and Children, will consider the implications of the judgment as it has been handed down on advice. As for the other matter raised by Deputy Kenny, this is a matter for the Houses to decide on. It will be referred to the Joint Committee on Agriculture, Fisheries and Food for discussion, as that is the obvious thing to do. I note clearly there is an acceptance that the granting of replacement tonnage under the scheme was not a compensatory scheme in any way but simply dealt with the possibility of people having the opportunity to fish again if they lost their tonnage 429 Order of 15 December 2009. Business

[The Taoiseach.] through ships being lost at sea or whatever and that the handling of that scheme was dealt with appropriately in the Department itself.

Deputy Eamon Gilmore: First, on the Ombudsman’s report, the issue is that the Department concerned has rejected the Ombudsman’s findings and recommendations. As she pointed out in her report, this is only the second time in 25 years that this has happened, which is the reason she has laid a report before the Houses of the Oireachtas. It is important that the House should address this matter in whatever form is agreed. I refer to an earlier matter that was raised by Deputy Kenny, namely, the date for the return of the Dáil after Christmas. Perhaps I missed it while the Taoiseach replied to Deputy Kenny, but I did not catch the date on which he indicated the House would return after the Christmas break. Perhaps he might clarify this for Members. Third, I wish to raise the Defamation Act, which was passed by the Houses last July and which awaits commencement by the Minister for Justice, Equality and Law Reform. I asked the Taoiseach about this issue approximately one month ago and he told me that commencement was imminent. When will the Act be commenced?

The Taoiseach: I must revert to the Deputy as to when it is envisaged the Act will be commenced as unfortunately, I do not have that information to hand. As for the other matter, I stated that the date for rising will be fixed on Thursday and that the intention is that Members should come back on a date prior to those on which they have returned over the past ten or 15 years. It probably will be in the third week of September or rather, the third week of January.

Deputy Pat Rabbitte: There is a lot of merit in the latter.

Deputy Ciarán Lynch: Talk about the 12 days.

Deputy Mary Coughlan: It might not be a bad idea.

Deputy Bernard J. Durkan: Hope springs eternal.

The Taoiseach: There is no need to greet it by acclamation or anything.

Deputy Pat Rabbitte: It must feel like that sometimes. I do not blame the Taoiseach.

The Taoiseach: As for the other matter regarding the report, I point out that on the issue of compensation arising in respect of one of the parties, there is an acknowledgement that this is not about compensation but is about restoring lost tonnage. I understand it is pointed out in the report that the family concerned indicated that they did receive a full insurance payment in respect of the sinking of the particular boat concerned. The issue really is about lost tonnage.

Deputy Michael Creed: On a point of order, the Taoiseach might address in that respect that the recommendation of the Ombudsman now is to pay a financial compensation to those who feel aggrieved by the manner in which the scheme was administered. The issue arises as to what——

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

Deputy Michael Creed: ——the other liabilities may be for the taxpayer—— 430 Order of 15 December 2009. Business

An Ceann Comhairle: This is not a point of order. The Deputy is piggybacking on something else.

Deputy Michael Creed: ——as a result of others who might come forward. This is the issue in respect of financial compensation.

The Taoiseach: The main thing is that the Department is considering the report and its recommendations. Obviously however, there is a concern about that aspect of the report and it is a matter for the Department to respond to and deal with. However, it is important to point out that it was not for the purpose of compensation——

Deputy Michael Creed: I accept that but the maladministration——

The Taoiseach: ——and at the time——

Deputy Michael Creed: ——has given rise to financial liability.

An Ceann Comhairle: Deputy, please.

The Taoiseach: At the time, there was much public comment and public statement by others to the effect that it was about a compensation scheme or that moneys were passed when in fact no moneys were involved at all.

Deputy Michael Creed: On a point of order, the Taoiseach might——

An Ceann Comhairle: Deputy, please. I know it is not a point of order.

The Taoiseach: But anyway, the report speaks for itself Deputy Creed.

Deputy Michael Creed: ——deliberately or otherwise misinterpret what is at issue now.

An Ceann Comhairle: Deputy, please.

Deputy Michael Creed: What is at issue now is whether the taxpayer is exposed to a greater liability because of the manner in which the scheme was implemented.

An Ceann Comhairle: Deputy Creed, please resume your seat.

Deputy Caoimhghín Ó Caoláin: Last week’s budget imposed prescription charges for medical cardholders, which will work out at up to \10 per month being imposed on people who already are at the very bottom of the income ladder. Will this measure require legislation and if this is to be legislated for, when does the Taoiseach expect that such legislation will be presented? I understand from the Minister’s comments that this measure is to be introduced on 1 April, which is April fool’s day. Sadly, while I do not know who is the fool in this instance, it certainly will be an inauspicious day for many people. The Taoiseach should indicate when such legislation, if it is to be introduced, will be presented. Will there be parallel legislation in respect of the pharmaceutical manufacturers and distributors regarding the overcharging they exercise with regard to the manufacture and distribution of drugs and medicines? Second, many communities nationwide are recovering at present from the dreadful flooding experiences that extended over large swathes of the island of Ireland.

An Ceann Comhairle: Deputy, we are on the Order of Business now. 431 Order of 15 December 2009. Business

Deputy Caoimhghín Ó Caoláin: This pertains to promised legislation. Against the background of the significant cuts in public service workers and emergency service pay, the Govern- ment also announced in last week’s budget a 10% cut in local authority funding for fire and emergency services. How can this be justified against a backdrop of what people already have experienced in the latter part of this year and with no certainty that the winter months still before us will not see a repetition of those dreadful circumstances? How can the Government justify——

An Ceann Comhairle: Deputy, is legislation promised in this area?

Deputy Caoimhghín Ó Caoláin: ——a 10% cut in the allocation for fire and emergency services? Will this also require legislation or will the Government consider withdrawing this outrageous proposition that could have serious untold consequences for entire communities throughout the length and breadth of this island?

An Ceann Comhairle: The Deputy must find another way to raise the matter. The Taoiseach, very briefly.

The Taoiseach: Allocations to the fire service do not arise on the Order of Business. As for the question regarding the issue of the timing of the introduction of payments, I can get the technical details for the Deputy in this regard.

Deputy Caoimhghín Ó Caoláin: Is it the case that no legislation is required?

The Taoiseach: As I stated, I will acquire accurate information for the Deputy and will convey it to him.

Deputy Ciarán Lynch: Approximately one month ago, the Labour Party proposed a national home mortgage service during Private Members’ time. During that debate, the Government stated that it has a code of practice in place with which it was satisfied and which would be reviewed. Subsequently, in last week’s budget it again was stated that this code of practice would be reviewed once more.

An Ceann Comhairle: The Deputy must find an alternative way of raising this matter. We are on the Order of Business.

Deputy Ciarán Lynch: I ask the Ceann Comhairle to bear with me, please.

An Ceann Comhairle: There are specific issues that may be raised on the Order of Business and this issue does not fall into that category.

Deputy Ciarán Lynch: There is a lady who is out of her home this evening because of the absence of a legislative framework in Ireland to deal with sub-prime lenders. The company to which I refer was part of the Lehman Brothers corporation and now is taking possession orders of three to four possessions per week. There is no legislative framework with which to deal with such repossessions. The Government has indicated that it is reviewing this situation. However, while it is doing so, a woman who appeared in court yesterday stated she was prepared to offer up \240 per week that she is receiving as a carer’s grant to cover a mortgage bill.

An Ceann Comhairle: While I have no doubt about this Deputy, there are many other ways to raise it, such as the Adjournment, parliamentary questions or under Standing Order 32.

Deputy Bernard J. Durkan: Ceann Comhairle, there is no other way. 432 Order of 15 December 2009. Business

An Ceann Comhairle: There are many ways.

Deputy Ciarán Lynch: The Ceann Comhairle is correct that there is a way, which is that the Government should bring forward legislation that underpins the dealings——

An Ceann Comhairle: Deputy, no legislation is promised immediately in this area.

Deputy Ciarán Lynch: ——in court in which sub-prime lenders are screwing people to the wall——

An Ceann Comhairle: Deputy, there is the Adjournment or parliamentary questions.

Deputy Ciarán Lynch: ——to take them out of their homes. The Government’s proposal is that there would be a six-month period during which, at best, the cases of such people might be considered.

An Ceann Comhairle: Deputy, please.

Deputy Ciarán Lynch: In that six-month period, they will not find work and will not get the comfort the financial institutions are getting from the Government.

An Ceann Comhairle: The Deputy has made his point and I ask him to resume his seat.

Deputy Ciarán Lynch: They certainly will not receive any measure of assurance that their homes will be over their heads in six months’ time.

An Ceann Comhairle: The Deputy should resume his seat.

Deputy Ciarán Lynch: This is an issue of national importance. It requires legislation to be introduced by the Government.

An Ceann Comhairle: Apparently, there is no legislation promised in this area.

Deputy Bernard J. Durkan: Actually, there is.

Deputy Ciarán Lynch: I ask the Taoiseach, on the Order of Business, whether the Govern- ment will bring forward legislation or is it still content with a code of conduct that is voluntary in the main and has no legislative penalties for people who fail to abide by it? A family contacted a bank to see if it was in arrears and the bank failed to take any cognisance of it——

An Ceann Comhairle: Deputy, resume your seat. You have made your point.

Deputy Ciarán Lynch: ——took it to court and has taken its home.

An Ceann Comhairle: Deputy, resume your seat. You are holding up proceedings on the Order of Business.

The Taoiseach: This is a code of practice under regulation. It is not a voluntary code of practice. It is based on legislation.

Deputy Bernard J. Durkan: The Minister promised legislation.

Deputy Ciarán Lynch: My question to the Taoiseach asked if he was happy that a voluntary code was sufficient or if we needed legislation. 433 Order of 15 December 2009. Business

An Ceann Comhairle: Deputy, you got your answer. You had a very good innings on this. Resume your seat.

Deputy Róisín Shortall: Further to an earlier question from Deputy Gilmore, there is a requirement under the national anti-poverty strategy for the Minister for Finance to produce a statement setting out the likely impact on the poor of any budget proposal. The standard practice has been to publish such a statement along with the budget document, which has happened for the past 11 years. Did the Minister for Finance, Deputy Lenihan, produce such a statement? Was it presented to the Cabinet along with the budget? The Minister for Social and Family Affairs, Deputy Hanafin, said last week that such a statement would be published within days. Has the Cabinet seen that statement? When will it be published and available to all Deputies?

An Ceann Comhairle: We are not talking about legislation.

The Taoiseach: The Department of Social and Family Affairs has done its own analysis, which it will publish.

Deputy Róisín Shortall: I am not talking about that.

The Taoiseach: Usually in the case where there are tax changes we set out administratively what the situation is and how it affects families with different incomes. The Minister outlined the expenditure effects in the budget. On the social welfare code, the Minister for Social Wel- fare, Deputy Hanafin, outlined the position regarding the effects of cuts.

Deputy Róisín Shortall: No.

An Ceann Comhairle: Deputy Shortall, we are moving on. You will have to find an alternative way to raise this.

Deputy Róisín Shortall: I would like to correct the record. There is a requirement under the national anti-poverty strategy for any major proposal to be accompanied——

An Ceann Comhairle: Deputy, you will have to find an alternative way to raise this issue.

Deputy Róisín Shortall: ——by a statement setting out the impact of that proposal on those at risk of poverty.

An Ceann Comhairle: Deputy Shortall, resume your seat.

Deputy Róisín Shortall: That is the requirement under the national anti-poverty strategy and it is also covered in the Cabinet’s handbook.

An Ceann Comhairle: Deputy Shortall, resume your seat.

Deputy Róisín Shortall: It is reasonable——

An Ceann Comhairle: Deputy Shortall, you have had a very good innings. Resume your seat please.

Deputy Róisín Shortall: I have not had a reply. I want the Taoiseach to answer.

An Ceann Comhairle: We are not talking about promised legislation. There are many other ways to raise this issue. 434 Order of 15 December 2009. Business

Deputy Róisín Shortall: There is a requirement under the national anti-poverty strategy to produce a statement on how the budget will affect the poor or those at risk of poverty. Has the Minister for Finance, Deputy Lenihan, done that? Has he produced such a statement and when are we likely to see it? It is a straightforward question which deserves a straight answer.

An Ceann Comhairle: Deputy, could you table a parliamentary question?

Deputy Jan O’Sullivan: No. We raised the issue last week.

An Ceann Comhairle: There are so many other ways to raise it.

Deputy Róisín Shortall: This is an important matter. For the past 11 years the House has received a statement on the poverty proofing of the budget. Why did we not get one this year? When will we see it?

An Ceann Comhairle: Deputy, submit a parliamentary question.

Deputy Róisín Shortall: The Minister can shrug his shoulders all he likes. He is required to set out a statement——

Deputy Brian Lenihan: No, I am not.

Deputy Róisín Shortall: ——on the impact of his budget on those at risk of poverty.

Deputy Brian Lenihan: There are no taxes.

An Ceann Comhairle: Deputy, this matter is not in order at this point.

Deputy Emmet Stagg: It is not just about tax.

Deputy Róisín Shortall: It is not just about tax.

(Interruptions).

Deputy Róisín Shortall: Does the Minister know anything about the national anti-poverty strategy?

An Ceann Comhairle: Deputy Shortall, resume your seat. The Chair is on its feet. I call Deputy Durkan.

Deputy Eamon Gilmore: Ceann Comhairle, on a point of order, Deputy Shortall is in order in raising this question. This is a document——

An Ceann Comhairle: It is not in order on the Order of Business.

Deputy Eamon Gilmore: Yes.

An Ceann Comhairle: I have allowed the Deputy considerable latitude.

Deputy Eamon Gilmore: It is a document which is laid before the House. As Deputy Shortall said, it is normally laid before the House as part of the budget documentation. Deputy Jan O’Sullivan raised this issue last week. It is clear the Government gave no consideration to the impact of the budget on poor people. It is stated in the Cabinet documents that it is required to indicate the impact of proposals on persons in poverty or at risk of falling into poverty in the budget proposals. 435 Order of 15 December 2009. Business

An Ceann Comhairle: Deputy Gilmore, we have given this issue significant airing on the Order of Business.

Deputy Ruairí Quinn: We require an answer.

Deputy Róisín Shortall: The Minister is required to make a statement.

An Ceann Comhairle: I call Deputy Durkan.

Deputy Ruairí Quinn: The Taoiseach wants to reply.

The Taoiseach: For the purposes of clarity — I know this is not in order on the Order of Business — the Department of Social and Family Affairs published full details on budget day of how the social welfare changes will affect all different groups. A further paper on the welfare changes will be published in the coming days. The Department of Finance usually publishes an assessment of the budget on how the income tax package will affect people on different income levels. As there were no income tax changes in this budget no such statement was published. While the budget was difficult for many people, it was fair.

Deputy Bernard J. Durkan: On promised legislation, the Criminal Justice (Legal Aid) Bill is promised for 2010. Given the concerns of legal aid boards around the country and the urgent necessity in the area, can the Taoiseach give some indication to the House on whether some degree of priority has been given to the introduction of the Bill at an early stage?

The Taoiseach: We expect it next year.

Deputy Bernard J. Durkan: We expect Santa Claus to come next year as well, but he might not arrive.

The Taoiseach: He comes on 25 December.

Deputy Emmet Stagg: Is the Taoiseach sure of that?

Deputy Bernard J. Durkan: He is coming on 25 December, next year.

An Ceann Comhairle: Deputy, let us not go off on a tangent or we will be in trouble.

Deputy Bernard J. Durkan: Turkeys in that year will be delighted to hear that. There is no urgency on that Bill. I draw the attention of the House to another Bill, the legal costs Bill, which has been on the long finger for a considerable period of time. Can the Taoiseach indicate to the House if it will receive any degree of urgent attention and when it is likely to appear mysteriously or miraculously in the House?

The Taoiseach: It is hoped it will come before the House next year.

Deputy Bernard J. Durkan: Next year springs eternal. I will be as direct and succinct as I can. No. 60 concerns a Bill to provide for the collection and exchange of information relating to the engagement with and sexual exploitation or sexual abuse, or risk thereof, to children. Like all other legislation, it is promised for 2010. Can the Taoiseach indicate whether any activity has been generated on the urgent need for the production of that Bill? Has it been agreed by Cabinet? What action has taken place in recent weeks? Is it agreed that it is a priority? Will he inform the House of its status? 436 Referral to Select Committee: 15 December 2009. Motion

The Taoiseach: The Minister of State, Deputy Andrews, has outlined that it is an issue of priority for him and he wishes to proceed with it as quickly as possible. There have been recent reports on child abuse which are a priority for him.

Deputy Ruairí Quinn: Is there a problem in the Department of Education and Science regarding the production of legislation? It produced one Bill, which was passed when the former Minister, Deputy Hanafin, was Minister for Education and Science and has now been pulled onto Report Stage where it is stuck in committee for spurious legal reasons. Section A of the pink sheet promises that two relatively simple Bills will be published during this session. Last week the Taoiseach said they would be published before the next session starts, which is some five or six weeks away. Does the Department need extra assistance? Is there a transfer list whereby one could ask people from other Departments to work there? It is a very big Department. Can the Taoiseach carry out research to see where the legislative drafters are and if they need special help? Perhaps a FÁS scheme might help.

The Taoiseach: I do know if that is a serious comment. They are on the A list and are due for publication before the beginning of the next session. I understand they will be published then.

Deputy Ruairí Quinn: Have the heads of the Bill been passed by the Cabinet?

The Taoiseach: They have, yes.

Deputy Thomas McEllistrim: I understand the Minister for the Environment, Heritage and Local Government, Deputy Gormley, has promised to produce legislation to reform the Seanad before the end of the year. Will that happen? When will that happen?

The Taoiseach: I will have to come back to the Deputy.

Referral to Select Committee: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That, notwithstanding the Orders of Reference of the Select Committee on Justice, Equality, Defence and Women’s Rights,

(i) the proposal that Dáil Éireann approves:

(i) the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2007, copies of which were laid before Dáil Éireann on 28 November 2008; and

(ii) the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2008, copies of which were laid before Dáil Éireann on 20 July 2009;

in accordance with section 13 of the Defence (Amendment) Act 2006, be referred to the Select Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (1) of the Orders of Reference of that Committee, which, not later than 2 February 2010, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply; and

(ii) the Order of the Dáil of 8 December 2009, referring the said proposal to the Joint Committee on Justice, Equality, Defence and Women’s Rights is hereby rescinded.”

Question put and agreed to. 437 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

Orders of Reference of Committee: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That the Order of Dáil Éireann of 15 October 2009 in relation to the Joint Committee on the Constitutional Amendment on Children be amended by the deletion of ‘16 December 2009’ and the substitution therefor of ‘29 January 2010’.

Question put and agreed to.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Order for Second Stage. Minister for Finance (Deputy Brian Lenihan): I move: “That Second Stage be taken now.”

An Ceann Comhairle: Is that agreed?

Deputy Emmet Stagg: The Labour Party opposes that.

Question put and declared carried.

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Second Stage. Bill entitled an Act in the public interest, to provide for the reduction of the remuneration of certain persons in the public service (including members of the Houses of the Oireachtas and certain office holders), and to provide for related matters.

Minister for Finance (Deputy Brian Lenihan): I move: “That the Bill be now read a Second Time.” The Bill gives effect to the decision of the Government to reduce the pay of public servants to achieve a saving of approximately \1 billion in the public service pay bill in 2010. All of us in this House, in both our professional and our personal lives, have experienced the excellence and dedication of public servants. We all know, for example, the difference a good teacher can make not just to the lives of our children, but also to the morale of an entire parish or community. We know how gardaí have put their own safety and their lives at risk to protect the communities they serve. We know how medical staff in our hospitals and in our communities work long hours and, by definition, in stressful circumstances. It is not just providers of these essential services who typify public service at its best. All of us in this House are familiar with the invaluable work carried out by civil servants with the highest integrity. Over the past 18 months, I have been repeatedly struck by the manner in which officials in my Department, other Departments and in this House have worked night and day and over weekends to serve the common good. As their employer, it is with great displeasure that the Government must now bring forward the first Bill to reduce the salaries of public servants since 1933. Like the Government of that time, we face enormous challenges and our options are limited. In my budget speech last week, I set out the Government’s strongly held conviction that the only way to reduce the deficit and continue on the road to economic recovery was to reduce Government spending. The cost of providing public services has to be reduced to bring it in line with sustainable revenue levels. Without any correction, day-to-day spending next year would be approximately \58 billion, an increase of \2 billion over this year. This is not sustainable. 438 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

The public service pay bill accounts for more than a third of all current spending and is the largest component in the cost of providing public services. In these circumstances, this Govern- ment has no option but to reduce public service salaries. I assure the House, as I am sure all Members understand, that this was a very difficult decision. We are well aware that most public servants are not on very high salaries. We know that, like others, they have mortgages to pay and families to support. They have entered into commitments on the basis of certain salaries which they have already seen reduced by the pension levy. I understand the burden all of this places on individual public servants. However, the only way to get out of our current difficulties and return to economic growth is to bring the cost of public services back in line with available revenues which have now gone back to 2003 levels. A reduction in the pay of public servants is a painful but necessary step in the right direction for the future of the country. As I announced in the budget, the pay cuts will be progressive. Public servants on the highest salaries, including members of the Government, will bear the highest reduction in their pay. Last Friday, I published Report No. 44 of the Review Body on Higher Remuneration in the Public Sector which examined top level rates of pay in the light of the changed budgetary and economic circumstances and benchmarked them against rates for similar posts in other countries of comparable scale, particularly in the eurozone. Following its examination, the review body recommended reductions in pay varying from 8% to 15% and 20% in the case of the Taoiseach. Due to the time constraints under which it did its work, the review body confined its examination to a sample of grades but recommended that the reductions be extrapolated for other relevant groups. Tables 1 and 2 of section 2 of the Bill set out the extended range of pay reductions as follows: 8% for persons with salaries above \125,000 to less than \165,000; 12% for persons earning from \165,000 to less than \200,000; and 15% to salaries of \200,000 or more. These reductions will take effect from 1 January next. The section provides that the Minister may intervene to address any anomalies that might result from applying straight pay cuts for persons whose pay is just above the cut off point for each band. As recommended by the review body, these permanent cuts in pay will replace the temporary waivers of pay made by some individuals including all members of the Government and Secretaries General of Departments. In some cases individuals have volunteered to take a pay cut over and above that recommended by the review body. Ministers of State and the Leas-Cheann Comhairle, for example, would have been due to take a pay reduction of 8% but they have agreed to take a permanent reduction of 10% and I will propose an amendment to the Bill to make that change tomorrow.

Deputy Joan Burton: So we were right. When is a cut an increase? When it is expressed by the Minister, Deputy Brian Lenihan, in the budget speech a cut is an increase.

Deputy Brian Lenihan: The distinction between a permanent reduction and a temporary waiver seems to be lost on the Deputy. In the case of Secretaries General, level 1, that is the Secretaries General of the Departments of the Taoiseach and the Department of Finance, a reduction of 15% was recommended by the review body. Both the Secretaries General concerned have volunteered to accept a reduction of 20%.

Deputy Joan Burton: They earn more than the Taoiseach. Are you expecting us to bleed for them?

Deputy Brian Lenihan: I am not. We are talking about the position on foot of a particular Bill and I am pointing out that their position—— 439 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

Deputy Joan Burton: We are talking about cleaners getting a 5% cut and the Minister is talking about people who earn more than the Taoiseach.

An Leas-Cheann Comhairle: Please allow the Minister make his contribution.

Deputy Brian Lenihan: ——is brought into line with that of the Taoiseach. The Government has also decided that from 1 July next year, a new reduced pay rate will be introduced for Secretaries General, level 2, to align it with the salary of a Minister. In order to provide an appropriate pay differential——

Deputy Joan Burton: So when is an increase a decrease?

Deputy Brian Lenihan: ——the Secretary General, level 3, rate will also be adjusted down- wards for new appointees from the same date.

Deputy Joan Burton: This is Lenihan arithmetic.

An Leas-Cheann Comhairle: Please allow the Minister make his contribution.

Deputy Brian Lenihan: While hospital consultants were not among the grades examined by the review body, the Government has decided that reductions should be applied to them on the same basis as other groups at similar salary levels and on their current salary.

Deputy Joan Burton: Schro¨ dinger’s cat. Various mathematical formulae come to mind.

Deputy Brian Lenihan: While the review body concluded it was constitutionally precluded from recommending a reduction in judicial pay, it pointed out that were it not so precluded it would have considered a downward adjustment. As I told the House last week, the Chief Justice and the presidents of the courts have urged all judges to pay the pension levy and I will make provision in the finance Bill to facilitate these payments. In the light of the findings of the review body, we have decided there will be no increase in judges’ pay during the lifetime of the Government. As I said last week, future Governments may choose, as in the past, to continue this course of action. The Government has accepted the review body’s recommendation that there be no increases in the pay of the higher public service groups, including any adjustments that might otherwise arise under national agreements, before the end of 2012. The Government has also accepted the recommendation that performance-related award schemes in the public service should be suspended. The body remains in favour of moderate performance-related awards when economic circumstances permit. Table 3 of section 2 of the Bill sets out the rate of reduction to public servants who do not earn more than \125,000. They will have their salaries reduced with effect from 1 January 2010 as follows: a reduction of 5% on the first \30,000 of salary; a reduction of 7.5% on the next \40,000 of salary; and a reduction of 10% on the next \55,000 of salary. The effect of this approach is to provide overall reductions ranging from 5% to just under 8% for the higher paid in that group. The salaries of Oireachtas Members will be reduced in accordance with the recommendations. Taxable allowances which are related to basic salary, such as overtime, will be cut in line with the relevant salary reductions. Fixed taxable allowances will be reduced by 5% for those with salaries of up to \125,000, and 8% above that. Any allowance or payment which is a reimbursement of an expense will not be reduced. 440 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

Section 2 also provides that these reductions will have effect notwithstanding any provision to the contrary under any other legislation, instrument or contract. Practical arrangements are now being made to issue new salary scales to implement the pay reductions in the new year. It has been suggested that the first \30,000 of pay should be exempt. That would reduce the projected savings on the public service pay bill by approximately a half, some \500 million. As most public servants earn less than \50,000, a progressive reduction must be applied to all public servants’ pay if the required savings are to be achieved and no group could be exempted. I shall outline the main features of the other sections of the Bill. Section 1 defines terms used in the Bill, including the terms “public servant” and “Public Service body”. Office holders or employees of the Civil Service, the Garda Síochána, the Permanent Defence Force, local authorities, the Health Service Executive, vocational educational committees, primary and secondary schools, third level institutions and the non-commercial semi-State bodies will be subject to the reductions. In order to avoid any doubt, certain bodies are specifically excluded in the Schedule because of their commercial status or the nature of their mandate which means that public service pay rates do not apply to them. I intend to introduce some amendments to this section tomorrow to ensure it covers the appropriate public service bodies, including the Cen- tral Bank and the Financial Services Authority, following a decision by the board of the Central Bank to take account of the proposed general adjustment to public service pay rates in determining remuneration levels. Given the recent public discussion about pay rates in commercial State-sponsored bodies, I will clarify their position. Pay cuts in commercial State-sponsored bodies such as Bord Gáis and the ESB will have no impact on the public service pay bill because the pay of those bodies is funded through their own commercial efforts. With the exception of chief executives, the Minister for Finance does not control the pay of staff of these bodies. They have not been covered by the public service element of pay rounds in the past and have taken an independent approach to controlling their pay bills, as happened in RTE, where voluntary reductions were agreed by the staff, or in the ESB, where there have been a number of voluntary redundancy schemes. While these companies must be allowed to act commercially and in accordance with the normal industrial relations process, the Government is of the view that pay restraint in these companies fulfils a long-term national interest — namely, ensuring competitive pricing for energy and other goods. However, the market and the regulators will impose such discipline on those bodies. I remain concerned about pay at the top levels across the economy. In this Bill we are addressing the pay of top public service posts. I propose to bring proposals to Government at an early date to review the arrangements governing the pay of chief executives of the commercial State-sponsored bodies. I have already outlined the main content of section 2, which provides for reductions in pay rates by amendment of all provisions — including statutory provisions, circulars, instruments and contractual arrangements — which currently fix the remuneration rates of public servants. Section 3 enables the reductions in salary rates to be disregarded for the purpose of calculating pension entitlements for those public servants who have retired or will retire in the period from 1 January 2010 to 31 December 2010. Having considered the potential legal, superannuation and personnel management issues and their impact on the public service, the Minister may extend this period beyond the specified date. A managed retirement rate for older and more experienced public servants over the course of next year, and beyond if necessary, will help avoid disruption of service delivery. Section 4 affirms that, other than as provided for in the Bill, any purported amendment of a provision fixing the remuneration of a public servant which would increase the remuneration 441 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Brian Lenihan.] of a public servant has no effect unless it is by a future Act of the Oireachtas or is necessary to reflect a legal entitlement of the public servant or servants in question — for example, because of an equal pay claim under European law. Under Section 5 a public servant has no entitlement to receive a higher rate than that provided for under the legislation, and the employing public service body has no entitlement to pay a higher rate. Any overpayment should be recovered by the public service body concerned; otherwise, the overpayment amount may be withheld from any funding provided to the body concerned. Section 6 provides a limited power to the Minister of Finance to exempt or vary the reduction in pay rates provided for in the Bill in respect of a public servant or group or class of public servants where exceptional circumstances exist relating to a condition or aspect of employment and a substantial inequity would arise as a consequence or because of an arbitration award that the Government would normally be required to implement. A similar power was provided for in respect of the pension levy. It is intended to exercise this power sparingly and only when just and equitable. Section 7 requires the provision of an annual report to each House of the Oireachtas reviewing the operation, effectiveness and impact of the legislation and considering whether any or all of the provisions of the Act continue to be necessary, having regard to its purposes, State revenues and the public service pay and pensions bill. The first such report must be submitted by June 2011 at the latest. Section 8 is a standard regulatory power. Section 9 permits disputes as to whether any public servant is affected by the reduction provided for under the Act to be finally determined by the Minister. Section 10 states the Short Title of the Act and provides for its commencement. The Government’s decision to reduce the public service pay bill is no slight of the quality of our public servants, who work hard every day to provide the essential services that underpin our daily lives. Some parts of the public service work better than others, and some sectors need to update their way of working and of dealing with their customers. Not all civil and public servants reach the high standard that is, by and large, the norm. As in all human endeavour, there is always room for improvement. However, the tone of some recent commentary in the media about the public service has been grossly unfair. It is part of a gladiatorial tendency that serves no useful purpose. It is right that high standards be demanded of public servants and it is to be expected that their job security would come into public focus at a time of recession. However, no good will come from setting sections of the State against each other in this time of difficulty for us all. There have been some threats of industrial action. I would appeal for a period of reflection rather than reaction and for dialogue rather than recriminations. I do not believe threats of industrial action and refusal to deal with change to our public services will win public support. Nor do I believe it will help us find a basis for agreement on managing the cost of public service pay in this unprecedented economic crisis. It must be remembered that the Government and the public service unions agreed that the public service pay bill would need to make a significant and proportionate contribution to the necessary adjustment in the public finances in 2010 and subsequent years. We had agreed about the need for a radical transformation of the way in which public services are delivered. Some weeks ago, the Government entered discussions with the trade unions, represented by the public services committee of the ICTU, in response to its proposal that the necessary adjustment could be found by means other than cuts in rates of pay. Parallel discussions took place with the representative bodies of the Garda Síochána and the Defence Forces. I have already 442 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage acknowledged in the House the efforts made by both sides to reach agreement. Both sides were very open and honest with each other about the basis on which they entered discussions. During the course of those discussions, the Government acknowledged that public servants have already made a substantial contribution to the necessary reduction in public expenditure in 2010 through the decision of the Government not to implement pay increases under the 2008 transitional agreement, the pension-related deduction of nearly 7% on average, and the effect of the moratorium on recruitment and promotions and the incentivised early retirement and career break schemes. Unfortunately, more was required. The unions’ proposal was based on pursuing payroll reductions through the accelerated implementation of an agenda for change and transformation of the public service. Savings were to arise over time from a more flexible and integrated public service, with easier redeployment, changed work practices and the facilitation of further reductions in numbers through increased productivity. Given that such changes would take some time to put in place, the staff side suggested that an interim approach be taken by deducting 12 days’ salary in 2010 on the basis that staff would be required to take 12 days of compulsory unpaid leave in 2010 and later years, with the minimum impact on service delivery. The Government estimated that this could save up to 4.6% of the payroll, or about \750 million, in 2010. The unions estimated a slightly greater saving, although not the figure of nearly \1 billion that is sometimes quoted. Unfortunately, those proposals did not provide an acceptable alternative. The Government was clear that a basis for agreement would only exist if the scale of the reduction in the public service pay bill was sufficient, and it was not. The reduction needed to be permanent in charac- ter, but the compulsory leave proposal was for 2010 only. In addition, the Government made it clear that any transitional arrangements could not have a negative effect on services to the public; but under the unions’ proposal, even with close management, some impact on services would inevitably occur. Therefore, the Government was unable to agree to the terms proposed by the unions and took the decision to reduce public service pay. However, I will not apologise for entering into discussions with the public service unions. Any responsible employer would have done the same. I emphasise that the Government wants to continue its dialogue with the public service unions to deliver the change that all sides know is needed. Public services are about the people that use them. What the public wants is proper delivery of services and for high-quality service delivery to be central to the work of public servants at all levels. To achieve that, 6o’clock we need a public service that is highly productive, applies world-class technology and adapts constantly and with flexibility to underpin the smart economy and sustain full employment and high living standards across the whole community. The performance of organisations and individuals will be better managed and there will be greater accountability, especially for managers. In the public service of the future, public bodies and individual public servants must work across sectoral, organisational and professional boundaries when designing and delivering services and move across those boundaries when need arises. That is the only way we can continue to deliver the necessary services to the people over the next few years when resources will be constrained, even as the economy starts to recover. We in the Government know that managing public servants’ concerns about adapting to change can best be done through constructive engagement, consultation and dialogue. I would hope that the public service unions will re-engage with the Government and public service management so that, together, we can address the issues of how to manage the cost of public service in 2011, and beyond. That way we can achieve the best result for hard-working public servants. 443 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Brian Lenihan.]

The Government’s approach to the transformation of the public service has always been one of consultation and agreement. The Government has a long record of investment in the national partnership structure and, despite the considerable difficulties that we face, we continue to favour a process of dialogue where possible. I hope that, on reflection, the unions will recognise that the Government had to take action to stabilise the public finances and, as an essential element of this, make reduction in the public service pay bill. I commend the Bill to the House.

Deputy Richard Bruton: As a stand-alone initiative, this set of proposals is indefensible. When the Minister first started to talk about the need for savings of \4 billion, his first thoughts were about an adjustment of \2.5 billion on the spending side. He rightly recognised that this was too little and the implication of a further \1.5 billion coming from tax was not a tenable position. Has he not travelled dramatically, however, from ending up in a position where the only cut of any substance is in the public service pay bill? We were led to believe the McCarthy report was driving the whole efficiency agenda. Every Department, we were told, was going to have to eliminate waste or find efficiencies equivalent to the McCarthy report’s recommendations or more, namely, \5.5 billion in savings, excluding pay. This was the agenda that was to drive the Minister’s reform programme. He was taking a fundamentally new approach and we were going to see for the first time a serious attempt to rationalise delivery systems and the whole efficiency agenda being taken on. We were going to see more done with less. This was a radical programme, which we were led to believe was being embarked upon, so that there would be a smaller leaner public service, with the Minister making provision for a scaled reduction of 17,000. That was a challenging agenda, one that could invite a response to the effect that here at last was a Government that had learned the lessons of its foolishness in previous years and taken on the difficult task of reforming the way we deliver our public services. Is it not extraordinary that, having set out his stall and brought in Professor McCarthy and many estimable people to support it and put his key staff to the task, the Minister ignored the entire agenda that was set out for him, and turned instead to the soft targets, those on welfare and on the public service payroll? Effectively, in what the Minister had billed as one of the most difficult budgets to be put together, 75% paid nothing towards the adjustment. It was all confined to the other 25%. Worse than that, he asked those on the lowest incomes to take proportionately the biggest cut in their take-home pay. Those on the lowest wage are to have a full 5% reduction in their take-home pay, persons on \125,000 will have a 4% cut while those in the middle will be cut by 3%. Given all the wisdom assembled around the Cabinet table and the myriads of people behind each Minister why was it decided that those on the lowest wage should be asked to take the highest cut? It defies logic and fairness. People looking in, whether public or private sector, cannot fathom why the Minister would decide that those on lowest incomes should proportionately lose most. A cleaner in this House, on a salary of \21,000, is being asked to take the full brunt of this cut, whereas it does not apply with the same degree of severity as one goes up the income scale. There is neither justice nor fairness in that. Then, once again, we find judges are left out. How can we countenance such a situation out? Why should those who are among some of the highest paid people in the land and who sit in judgment on the rest, be outside this? Deputy Alan Shatter has offered to frame a constitutional change, and we will be having such an initiative next year for children. Why not deal with this and let us not have some privileged group, on the outside, not experiencing the same cuts? 444 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

I am sure the Minister and I share similar experiences at political clinic level, with low-paid and middle grade public servants attending, telling of their ambitions to pay their mortgages and car loans and put their children through college. They are facing not one, but two cuts, even those on very modest pay. Why does the Minister believe such people should bear the full brunt of the cuts? Why has he not graded contributions, in the way our party proposed, as regards dealing with the finances? I cannot understand the fairness of the Minister’s approach. I have come across many such cases, as I am sure the Minister will, when he gets time to attend his advice centres, and he will see that these are genuine people. They were sucked along in the “sustainable economy” that the Minister’s predecessors talked about, the property bubble, and they paid appalling prices for houses. They are now being screwed to the wall. This is very tough and the way the budget has been put together bears all the hallmarks, not of a genuine attempt to find a way that is fair, getting the broadest shoulders to take the greatest adjustment, but rather of something that was cobbled together at the last minute. Having failed with regard to the more ambitious programme of reform he wanted to deliver, the Minister had to fall back on this, and it bears all the hallmarks of that. I believe the Minister will be forced to back down with regard to the hit being imposed on those at the lowest income levels. As he was forced to back down on the pensions levy, he will be forced to back down on this, although perhaps not today or tomorrow, since he might have his numbers in a row to get him through this. However, over time as he tries to sit down, as he says he wants to, with the representatives of those employed in the public service to address the challenge of reform, getting more with less, he will not be able to sell this as an element. It defies belief why he has included it. Perhaps he has some type of Machiavellian plan to the effect that this is about a bargaining chip he could take off the table. It is unfair and unjust and it puts a great many people through heartache. It cannot be defended as a measure that reflects the Minister’s previous pronouncements with regard to expecting those with the broadest shoulders to take the burden and trying to protect the vulnerable. These were the terms being used by the Minister and his colleagues, and this was the thinking we were led to believe was informing the budget. All that language and commitment was thrown out as the Minister cobbled together this proposal. The Minister talked here about the importance and commitment of the public service, and the ethic that inspires it. However, his Government has, single-handedly, undermined that ethic. It did it through benchmarking, by paying out money without reform. Now, with our backs to the wall, he is once again taking back money, again without reform. This was done with decentralisation when for political reasons it was decided that people could be moved around, like pawns on a board, to satisfy short-term political needs. This destroyed some of the skills base of the public service which would now stand us in good stead as we try to reform delivery mechanisms. Those people were abandoned and let disappear into the woodwork because Fianna Fáil wanted to fulfil a political goal of delivering 10,000 jobs to marginal constituencies. That was an abuse of the public service. The Government then introduced its reforms of the HSE and refused to do what clearly needed to be done. If there is to be a super command and control bureaucracy, some of the middle management structures must be taken out in order to achieve savings. The Government refused to accept that, so how can it now convince the public that it wants to champion professional standards in the public service? It has been consistently telling people in the public service that it does care about professional standards, or the quality of leadership within Departments. It was content to scatter people to the four winds to meet political needs. Rather than caring about performance and reform, it was content to throw away money without asking for reform to be delivered. 445 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Richard Bruton.]

This is the background to what has us in this hole. It explains why it is so appalling when the political leadership created the problem in our public service, that the Minister turns to the lowest paid to carry the biggest burden to correct it. That is what people find so appalling. It is not just the injustice of it, but also the inactivity and negligence of the Government by the Minister’s party that put us in this hole we are now trying to address. McCarthy was an encouraging sign. We were to have 43 major——

Deputy Brian Lenihan: He says we have done a great job with his report.

Deputy Richard Bruton: Yes, we were to have 43 major rationalisations, but how many did the Minister adopt? None. We were to have a major assault on the administrative budgets of Departments. What has the Minister done? He has taken 1% out of the departmental administrative budgets. We were to have an efficiency agenda that was to deliver close to \3 billion in cuts, but what did the Minister do? He abandoned 85% of that. Where were the 15 absent members working to deliver a smarter system, so that they could eliminate the waste and inefficiency in their areas and start to give us something better? They just funked it. They ran for the hills and opted instead for the simple thing of hitting public pay. That is what people find hard to believe. Maybe it is this broader agenda of competitiveness that the Minister has, and I note that he said he is now going to review the pay of commercial semi-State bodies. It is about time. The chief executive of Coillte is on \475,000 — how can the Minister justify that? If he wants people to accept that the Government is taking competitiveness seriously, where is his assault on the utility prices presented by monopolies which are way out of line internationally? Where is the assault on commercial rents that are killing businesses? Where is the assault on the cost of credit? Last week, the banks told us that despite NAMA and the taxpayer shouldering all of this, it will not come down one whit as a result of the effort we are making. Where is the confrontation on the rip-off we see every day in our shops? The Minister can see the price comparisons as well as I can. A bottle of whiskey in Northern Ireland costs less than half the price of a bottle down here. That is not explained by tax because there are many other factors. People would be convinced that the Government was trying to deal with rip-offs and unfair advantage being taken of them if they had cheaper college registration fees and rents, as well as lower prices across the board. If the Minister was leading a campaign to bring down costs, people would say: “Well, at least, I can see what he is driving at. This is about making our economy more effective right across the board. We are all going to be in this together.” There is none of that, however. It is solely targeted at one group and the Minister is not delivering the competitiveness agenda. Despite the National Competitiveness Council setting out an annual agenda for what needs to be done, the Government has never produced an action plan for competitiveness. It has failed again this year. It is supposed to be a theme underlying the budget, but as far as the Minister is concerned, only one group is undermining our competitiveness, which is public service workers. That is not the truth, however. If the Minister wants to see everyone putting their shoulder to the wheel and confronting the economic problems, he cannot have a budget that so blatantly singles out one group, pretending that it is at the heart of the problem. The Minister says it is damaging to have banter between the public and private sectors, and he blames the media for creating it. However, he is fuelling it by not having a balanced budget and not recognising that we must confront costs everywhere if we are to get out of this hole. The Government is unwilling to do things smarter by making efficiency the key. This is not all about cutting pay; it must also be about doing things more cleverly so that we do not have to 446 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage cut the pay or entitlements of those working on the front line. That is what I find depressing about the budget. The Minister found \1 billion in welfare cuts and more when one sees what are masquerading as health cuts. He found over \1 billion from pay cuts, but when he tried to squeeze something out of the top-heavy bureaucracy, he only got \500 million. That was not balanced and was clearly not what was intended. We need to confront that issue. The Minister has introduced changes in pensions, but people deserve to see the colour of the Minister’s thinking on this matter. Taking someone at the bottom end of the scale, actu- arially, the value of a cleaner’s pension is probably 8% or a maximum of 10%. The Minister has already hit them with a 6% pension levy, and he is now hitting them with 7% on top of that. He says he will remove the indexation arrangements they had in the past, which he claims will cut the cost of pensions by 20%. If he is whittling away at some of the benefits, is there not a significant category of worker which is paying the pension levy without having a commensurate benefit? What does the Minister say about new recruits? We are told that anyone who joins the public service now will be on a new regime. Will they have to pay the pension levy or not? The Minister has raised the pension issue, so we need to have a much more detailed debate than he is offering. People deserve to see what is happening. Given the way the Minister is eroding the State’s contribution to public service pensions, he is whittling away the benefits while at the same time asking them to——

Deputy Brian Lenihan: The legislation will be introduced.

Deputy Richard Bruton: Yes, that needs to be addressed. We need to see that up front. Not only has the Minister hit people immediately, but he has also created the fear that he will now dramatically change the terms under which they get pensions. At a time when they are still smarting from the payment of a pension levy, it seems less than fair that the Minister would not address this wider agenda. We need to have a good debate about this on Committee Stage. This is a time of great risk to our community and the challenge to employment in this State is enormous. We have already lost one eighth of our private sector jobs and many people have been affected as a result. We run the risk of doing untold damage to our economy. I can understand — indeed, I accept — that public pay was going to be part of an adjustment factor. However, the way in which the Minister has pitched this does not illustrate to people that the success of this economy is when the public and private sectors are working together to a common purpose. It is vital to have that sense of an economic plan that we can all get behind, but such a plan has been singularly absent from the Minister’s thinking. As far as I can gather from those I have met in the trade union movement, the greatest frustration for them is that the Minister does not have a vigorous employment strategy to get us out of here. Many people, including trade union leaders, were willing to accept pain if it was in the service of a greater purpose. The Minister has let that opportunity slip through his fingers, however. We needed to have that greater purpose at the core of this budgetary adjustment. The Minister should have said: “Yes, we have fiscal constraints, but we have a plan which is about creating a strong, export-driven economy.” The Government destroyed that by allowing a property bubble to get pumped up. The core of his strategy should have been to examine how a strong, export-growth economy could be rebuilt. Within that, adjustment of public service pay was one brick in a foundation of many other elements. It was reduced to one element, however, solely for political reasons. The Minister found the reform agenda too broad to push through, so it was easier to reduce it 447 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Richard Bruton.] to one group who were being asked to take the pain. That was a major mistake. Everyone must have a sense that we are under siege and that we are fighting for our economic independence. We are also fighting to keep young people employed at home, rather than taking the emigrant boat. We must obtain a broad-based strategy to address this problem. The Minister bottled the reform agenda and failed to deliver fairness. I defy anyone on the Government backbenches to say his structure of pay cuts is fair. The after-tax impact of this is greater on the lowest paid than on the highest paid and that is not fair. The Minister has damaged the sense of cohesion we need in this community to address our problems. He should have taken the harder road of more reform. I agree he should cut some public service pay, but there should be a greater contribution from wealthy people in the private sector. Taking more from these people is not about chasing the economy down with higher taxes. The problem last year was the Minister looked for taxes from everyone, even from those on the lowest levels of pay. There are people who could have taken more pain, but the Minister did not ask them to do that. He squandered the chance to get the community working behind a programme people felt was worth the effort. This is what has gone wrong. The Minister has left us with a situation where many in the public service are furious, angry and pained and not in a mood to contribute to the adjustment. We will have to persuade people that change is important and that change can prevent us from being back in the same hole next year and having to hit people at the front line in regard to their entitlements. We need to get people back into negotiations, but the Minister has jeopardised that. This was a foolish mistake that came about as a result of not enough thinking going into the budget. It was all a last minute, midnight effort and that is what under- mines it.

Deputy Brian Lenihan: Far from it.

Deputy Richard Bruton: I look forward to the debate and, hopefully, the Minister will be willing to accept changes on Committee Stage. Those changes are needed to put this proposal back into a context of fairness. Fine Gael will put forward proposals that will be cost neutral and that will achieve an exemption for those on a salary of less than \30,000.

Deputy Eamon Gilmore: I propose to share my time with Deputy Joan Burton.

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

Deputy Eamon Gilmore: I move amendment No. 1:

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

“Dáil Éireann declines to give a second reading to the Financial Emergency Measures in the Public Interest (No. 2) Bill 2009 having regard to the decision of the Government to collapse talks with the public service unions that could have delivered major public service reforms and the savings required in the public sector wage bill and the unfair nature of the wage cuts provided for in the Bill, particularly for low paid workers.”.

Fianna Fáil, backed by the Green Party and Independents, has brought forward this Bill, to reduce the pay of every employee of the State. The Labour Party opposes it because it is unfair, unjust and unwise. The Bill is unfair because those on the lowest levels of pay — the workers who are paid less than \600 per week — will see their income cut by 5%, while the same budget took little or nothing from those earning more than \6,000 a week. It is unfair because this is the second time in a year that the same public sector workers are being hit with a special 448 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage pay cut, on top of the income levies and cuts being experienced by everyone else. It is unfair also because, as we heard from the Minister, Deputy Lenihan, at the weekend, Fianna Fáil intends to come back for more pay cuts next year and pension cuts after that. This Bill is unjust because it will enable Fianna Fáil to loot the incomes of public servants in order to pay for the mess it has made of our good economy. Fianna Fáil is raiding the pockets of nurses, gardaí and hospital cleaners to pay for the crisis in which its favoured treatment of property developers and greedy bankers has landed us. It is unjust too because these cuts are the culmination of a nasty, Fianna Fáil-inspired campaign which has divided our country against itself. Fianna Fáil sowed the poisonous seeds of division, and turned a crisis of its making — in the construction and banking sectors — into a crisis in public spending where it could justify cutting public sector pay. This Bill is unwise because the public sector pay bill could have been reduced in a better way, a way which would have delivered not just pay savings, but the long-term and permanent reform of the public service itself. This Government is too short-sighted to look beyond the next headline. That long-term, permanent reform of public services was on offer from the trade unions representing public sector workers, but it was rejected by a stupid Government which reneged on the reforms it had already agreed because it chose to look tough rather than get results. Cutting public servants’ pay is the easy option. It avoids the need for a forensic examination of Government waste, duplication of services, and overarching patronage in the past 12 years. It means there will be no drive to reform. Let us be clear about why we are here tonight. We are here because Fianna Fáil colluded with big developer donors and its elite friends in the banks to fuel an unsustainable property bubble. It did nothing to moderate the house prices and commercial rents that made it more expensive to live in Ireland than in almost any other country in the world.

Deputy Brian Lenihan: We increased social welfare payments way above the cost of living.

Deputy Eamon Gilmore: Wages, both in the public and the private sectors, inevitably raced to catch up with mortgages. I agree, there was a lot of money being made in those years, but it was not being made by the young couples, including many young teachers and civil servants, who took out enormous mortgages to pay for modest houses. Now that the bubble has burst, those homeowners are trapped in negative equity and many have lost their jobs or taken a pay cut. The people who profited at their expense are laughing all the way to the taxpayer guaranteed banks. No multimillionaire developer will lose his luxury home in this recession. No banker, pensioned off for millions after dragging our banking system into the gutter, will struggle to pay for Christmas at the end of the month. However, public servants, who have already taken an average 13% cut in pay in the past 12 months, on top of new income tax levies and cuts in child care payments and benefit, will struggle. The decision by this Fianna Fáil-Green Government to inflict an across the board public service pay cut, from the cleaner who starts work at 4 a.m. to the university head whose office she cleans, is not only extremely unjust, but extremely unwise, short-sighted and ill-judged. Consider what the Government had won in the negotiations. It had consensus on the need for a \1.3 billion reduction in the public service pay bill, not just from the public sector unions, but also from the main Opposition parties. It had sector by sector agreements that would have delivered far-reaching reforms of how the public sector is organised, and public services delivered. For example, a working day in the health sector would have run from 8 a.m. to 8 p.m., with overtime being paid only outside of these hours. We know from an bord snip that up to \575 million in HSE staffing efficiencies could be achieved, between reformed working prac- 449 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Eamon Gilmore.] tices, redeployment and other efficiencies. All in all, the Government and the public sector unions had agreed permanent savings of hundreds of million euro a year. However, despite this unprecedented level of agreement on public sector reform and reductions in the public sector pay bill, the Government chose to move the goalposts and deliberately collapse the talks. Political expediency won out over political vision. The Govern- ment did this to court political popularity and to serve the agenda to drive down pay levels, not just in the public sector, but in the private sector as well. Instead of having the bottle to drive a programme of reform in the public service that would have delivered permanent savings and better services, it took the easy option of imposing a harsh pay cut on all public servants, from the bottom up. In doing so, it lost an invaluable opportunity to improve public service delivery for less money. Our public services need to be reformed and no-one knows this better than public servants themselves who have to deal with bureaucratic inefficiencies, restrictive work practices and a promotion structure that favours hierarchy over hard work and talent. The Labour Party has been proposing public service reforms for a number of years, but these proposals have been ignored by Fianna Fáil. We have suggested more efficient ways of scrutinising public expenditure so that doubling up of quangos or costly mistakes like e-voting can be avoided. We have proposed more flexible redeployment across the public sector so that public servants can be used where they are needed most. We have proposed opening up recruitment to allow talent to circulate more freely within and between the public and private sectors. There has been no shortage of reports detailing what reforms are needed in the public sector, most recently, the OECD report on public services and the Government document, Transforming Public Services, which was published last November. What has been in short supply is the political will to implement the necessary reforms. For the past decade, Fianna Fáil took the advice of Charlie McCreevy and partied on with taxpayers’ money. It papered over the cracks with booming Exchequer returns built on the shifting sands of the property market, throwing money at the symptoms of problems rather than addressing their root cause. Again and again, Fianna Fáil chose the easy option of increasing the public pay bill rather than reforming the services. Now we have arrived at the flip side of that misguided policy; cut the pay of public servants, instead of reforming the services. No doubt that will please those hard- line commentators, many of them the paid lackeys of the banks, who have been calling for pain to be inflicted on nurses, gardaí and local authority workers. At times the invective against public servants has been so harsh that one would be forgiven for believing it was the nurses from accident and emergency departments who borrowed all the money to speculate on development land, that it was the local authority librarians who lent them the money and not the bankers and that it must have been the gardaí who were running the banks. The Bill before the House will unilaterally change the contracts of employment of approximately 350,000 employees of the State. The Labour Party has been consistent in opposing unilateral, across-the-board pay cuts and in its argument that the pay bill can be better reduced by negotiation and reform. The party has been criticised for that. It is suggested that our defence of public services and of people’s contracts of employment is because we have a soft spot for the public service unions. Let me be clear that the Labour Party is beholden to no special interest, trade union or other body. As I stated at a recent SIPTU conference, a Labour Party Government would not be a trade union Government but a Government of all the people. I make no apology for standing up for the fire fighters and gardaí who risk their safety so we can all be safer, for the teachers who devote their energies to ensuring our children can learn better, for the nurses and health care workers who look after our sick, and for the council workers who grit the road on a frosty winter’s morning or who stay up all night to help people save their flooded homes. The Labour 450 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

Party believes in, and values, public services. It believes health, education, transport and infrastructure should be publicly provided. The divide between the public and private sectors is a false one. A civilised society depends on good public services and every democracy depends on an efficient civil service. An enterpris- ing economy needs the support of an efficient public sector to educate its workforce, support research and innovation in universities, build an efficient, joined-up transport infrastructure, regulate markets, protect consumers and build relationships with trading partners abroad. There are those who disagree and who argue for a circumscribed public sector, a weaker State, small-scale government and light regulation. However, the role of public services is to look after the public interest, that is, the interest of every single citizen in this State, however exalted or however humble his or her circumstances. We diminish, shrink and relinquish control of them at our peril. We need an effective and efficient public service that is capable of protecting the public interest, be it in respect of education, the environment or the regulation of banks. However, one will never get this from staff who are under-valued, publicly maligned and demoralised. One will get it by respecting those who deliver our services, by valuing and encouraging what they do and, it is true, by obtaining better value for taxpayers’ money. We need a motivated, fairly rewarded public service that will be always able to attract the most competent and public- spirited of its generation. Many of those who belittle and demean public servants do not believe in public services in the first place. Some of them are motivated by self-interest in that a diminished public service opens up business opportunities for them. We need look no further than the hotel-quality super-private clinics built on public land a few hundred yards from chaotic and crowded public accident and emergency departments. Fianna Fáil has firmly joined with those who are hostile to public service. It has turned its back on public servants, many of whom stayed loyal to that party down the decades, through Taca and the tribunals. It has done so because it has been persuaded that the electoral pickings are richer among those who do not value public services and who do not respect public servants. Instead of making the argument for better public services from which every man, woman and child can benefit and instead of obtaining better value for money in those services, it chooses to pursue its own political advantage and drive a wedge between public sector and private sector workers. This is a divisive and dangerous strategy which has no regard for our long-term economic recovery. Our country is in an economic mess, a mess of Fianna Fáil’s making. To get out of it, we must all pull together and not pull ourselves apart. We do not need to add to our own suffering through the conflict that is now being whipped up by a cynical, out-of-touch, short-sighted Fianna Fáil Government. The Labour Party has been calling for a national recovery plan for a number of months. The Government has the opportunity tonight to abandon the unfair, divisive course it has taken and reopen negotiations with public sector employees and their unions. For the sake of national unity, the agenda must include a coherent jobs plan to get people back to work, or into quality education or training; a home guarantee, with statutory backing so people facing difficulties in meeting mortgage repayments will not be put out of their homes for the period of the recession; a fair and progressive approach to fixing the public finances; a negotiated deal to reduce the public sector pay bill and to ensure permanent efficiencies and better delivery in the public services; and a guarantee of industrial peace from the trade unions. What our country needs is solutions, not civil disorder and strife. 451 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Eamon Gilmore.]

It is time to stop scapegoating public servants and to get on with the urgent business of establishing a sustainable path of recovery for our public finances and our economy. It is time to put the long-term public interest ahead of short-term political gain.

Deputy Joan Burton: When the Minister spoke about the Judiciary, I wondered whether he seriously expects a garda or other public servant attending a public court to take the kinds of cuts provided for in this Bill while the judge presiding over that court has an option in respect of cuts. There could not be a more dispiriting example of a lack of moral authority. Judges presiding over courts, most of whom are on highly attractive salaries, usually following very successful and lucrative careers at the bar, and who enjoy speeded up pension provisions that acknowledge their position as judges, have a choice as to whether to accept a pay cut, while gardaí, court officers and other court staff must accept fairly swinging cuts that are not optional but directed. Bearing in mind that Mr. Éamon de Valera once declared that no man was worth more than \1,000 per year and employed this principle ruthlessly, the Minister ought to think about some of the founders and example-setters of his party.

Deputy Brian Lenihan: He had the same problem and he addressed it in the same way. The Deputy should look at her history.

Deputy Joan Burton: Several judges commented that there is nothing to prevent the Minister from introducing legislation on the Judiciary. If the Judiciary wishes to challenge it, let it do so. The Constitution seeks to protect the Judiciary where a judge makes a ruling on which the ruling Government disagrees or where that Government tries to take revenge on a judge because he or she is acting in an independent judicial capacity. The Labour Party put forward an alternative proposal. It was fair and tough in terms of public service reform. I do not understand and have not heard the Minister explain why many of the necessary public service reforms, be they those identified in the McCarthy report or those identified by Ministers at different times in speeches to this House, appear to have been parked. The deal that was to be struck between the public service unions and the Government put great emphasis on delivering real public service reform. Many of the reforms that were indicated for delivery during the time of “Boomtime Bertie” and “When I have it, I spend it Charlie” were parked. I just do not understand the Taoiseach’s approach. According to the Revenue figures for 2007, nine out of every 20 people working in the public service earn less than \30,000. A part-time cleaner in the public service earning less than \10,000 per year will suffer from the same 5% cut as a clerical officer earning \30,000 per year. Deputy Brian Lenihan, as Minister for Finance, will appreciate that while this Bill refers to cuts in gross pay, the impact on net take-home pay will be critical. The marginal rate of tax for somebody earning \10,000 per year is 0% because he or she does not pay tax. Such individuals usually do not pay PRSI because their employers takes care of that. Their gross cut will be also their net cut whereas every other public servant earning from \30,000 to \300,000, including the Taoiseach and senior secretaries general, will only have a net cut as was the same with the pension levy. At least in the pension levy the Minister for Finance exempted the first tranche of income, taking out those on the lowest levels. It is deeply regrettable he did not follow that example with these cuts. Instead, the part-time cleaner on \10,000 a year will pay a full gross and net 5% back to the Government in a salary deduction. The average salary of employees at the National Treasury Management Agency, from what I have been able to glean, is \120,000. While I accept the agency’s staff do good work for the State, they will not be hit at all because it and several other institutions have been exempted in the legislation. Our failed financial sector — the banks- and the public bodies such as the 452 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

Central Bank and the Financial Regulator which failed to regulate them are also exempted from this legislation.

Deputy Brian Lenihan: Deputy Burton did not listen to my speech. The Central Bank board decided this morning that it would not be exempt from the legislation.

Deputy Joan Burton: Does that include all its employees?

Deputy Brian Lenihan: Yes. If Deputy Burton only listened in the House a little more.

Deputy Joan Burton: I can only go on what is in the Minister’s speech. What about the Financial Regulator?

Deputy Brian Lenihan: I have already spoken about it. That goes with the exemption.

An Leas-Cheann Comhairle: If the Deputy could continue with her contribution.

Deputy Joan Burton: The legislation is all over the place in this regard.

Deputy Brian Lenihan: In fairness it is not. It is also important to maintain the independence of the Central Bank.

An Leas-Cheann Comhairle: Will the Minister allow Deputy Burton to continue with her contribution?

Deputy Joan Burton: In the report of the higher level review body, published on Friday, salaries of \300,000 are attributed to Secretaries General who will take a 15% cut. In the Schedule, they are offering 20% which is net of the 20% reduction that they apparently already offered up. The gardaí and the nurses will be offering up a real 7% while some higher civil servants will be simply offering an additional net, falling well below the reduction to be borne by the former. The arithmetic is not set out clearly. However, I assume the Minister will give us these amendments to examine. Why is the National Treasury Management Agency exempt from this legislation? While it works hard on behalf of the people, it was reported its chief executive’s salary has a compensation package that may total \1 million. According to figures supplied to the Labour Party, the managing director of Coillte, a public body with an annual turnover of \250 million, has a salary package of \489,000 but will also be exempt from this legislation. It is grotesquely unfair that the Minister asks the part-time cleaner in the public service to take a 5% net hit while not asking those in the upper echelons to do so. Anglo Irish Bank is one of the reasons the gardaí, the nurses and the teachers are taking hits in their income. It is a fully nationalised institution but yet it appears on the list of exempted bodies. I do not know whether the Minister cares to nod in agreement with my interpretation of this provision. Definitions covered by the Bill have been extended to include people working for any body that is wholly or partly funded or indirectly out of moneys provided by the Oireachtas, the Central Fund or the growing produce of that fund. Section 39 of the 2004 health Act provides for payments to home helps. According to the legal advice available to the Labour Party, this Bill will apply to home helps who will be affected by this extension of the definition. Does the Minister intend to cut the salaries of home helps when many of them are already having their hours cut? Many care homes run by a voluntary body, religious order or a charity may have their beds subvented from public funds. How will this legislation affect those working in this sector? How 453 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

[Deputy Joan Burton.] will it affect those employed by partnerships, community development programmes and family resource centres, all funded by various Departments? While many of them are paid through public funds, they do not get the benefit of a public service pension as they pay PRSI or contribute to their own pension scheme. Is the Minister seriously telling us that these pay reduction measures will not apply to employees of Anglo Irish Bank but will apply to publicly funded home helps and those working in nursing homes and family resource centres? The public service unions worked out a formula for the proposal of 12 days of unpaid leave to be spread over several years, a sort of carry-over. It was unacceptable to everyone that this proposal would involve the closure of schools or other public facilities, hence this carry-over provision. However, as the Minister for Finance will be aware, under our tax laws Anglo Irish Bank’s golden circle can carry forward their losses on the putative investment made on their behalf, running to about \450 million, not for six years but indefinitely. Under the de minimus rule, which the Taoiseach introduced when he was Minister for Fin- ance after a long campaign by myself, an individual can bring one’s tax payment up to the 20% rate — next year the Minister said in the budget it will be 30%. However, if that individual foregoes any tax reliefs, he or she can carry them forward not for six years but indefinitely. When I raised the issue of tax losses for the banks with the Minister during the debate on the NAMA legislation, he claimed he would restrict them for a period. However, he later wrote into the legislation that the tax losses could be recovered in not one or six years but indefinitely. Perhaps the public sector trade union leaders have been and are so involved in the top echelons of government that they have been told about this spread out system whereby if one has tax allowances one can carry them forward and use them forever. Perhaps that is from where they got the idea. This notion of carry forward and pay back over a long period is absolutely central to large elements of the tax code. Perhaps the public service unions were confused because they had already seen this principle applied by Government to their friends in the banks. I understand — perhaps the Minister will state on the record if this is correct — that the new regulator of the Financial Services Regulatory Authority, to be included in the new Central Bank structure, whom I am told is a fine individual and will bring many skills to the post, is to be paid a package in the region of \100,000 to \150,000 more than the previous incumbent, Mr. Neary. I have tabled a number of parliamentary questions in this regard to the Minister. I understand, informally, that that is the case. How can the Minister square the possibility of the Financial Regulator getting a significant salary increase — the Minister does not appear to be denying this and it was defended by the Governor of the Central Bank in his speech as being necessary — with the real and serious cuts to be imposed on the pay of nurses, garda and teachers from 1 January? The Minister also defended a salary of \500,000 as being necessary in respect of top bankers. The Taoiseach has stated before that we are all in this together. While some of us are in it, the golden circle of Fianna Fáil, the developers, their tax breaks and tax entitlements, remain untouched by this legislation. The Government has kept the golden circle and their entitlements in tact in this legislation.

Deputy Róisín Shortall: It is the same old story. Fianna Fáil and the golden circle. It never changes.

Deputy Brian Lenihan: It definitely is the same old story.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I welcome the opportunity to speak on the Financial Measures in the Public Interest 454 Financial Emergency Measures in the Public 15 December 2009. Interest (No. 2) Bill 2009: Second Stage

(No. 2) Bill 2009. I do not have much time and would like to refer to some of the issues raised by Deputy Burton in the context of her contribution. Having listened to the debate in the context of preparations for budget 2010 and the discussions that went on outside this Chamber in the context of divisions between the private and public sectors and the accusation that this was orchestrated, as a Member of this House and previously a Member of the Seanad, I have worked with civil servants and the public sector in general and found them to be courteous, professional and of the highest integrity. Insinuations that Fianna Fáil was trying to diminish the role of the public sector or Civil Service in terms of the carrying out of their duties is dishonest and unfair. The Government has since 1997 supported social partnership and the trade union movement in their discussions with the employers and in the context of Government. Unfortunately, this time around we were unable to come to a conclusion to address what is a serious situation, one that could not be allowed to continue in terms of the deficit that was appearing in the public finances. We, in this House, must be honest and acknowledge that the public finances going forward without adjustment were not sustainable. We have taken difficult decisions in previous budgets with the introduction of the pension levy and in respect of public expenditure cuts. This must also be acknowledged regarding the preparations for budget 2010. We have already had substantial financial adjustments to the public expenditure figures. It is disingenuous of people to say that we could have done this without pain or by means which would have ensured people did not notice a reduction in their salaries or social welfare payments. In my humble opinion, that is disingenuous and dishonest. The Government took a difficult decision, one that does not rest lightly on the shoulders of the Minister for Finance, Government or any Member of Fianna Fáil, the Green Party or Independents who are supporting this budget. We are fully aware of the contribution of the public sector and Civil Service in the provision of services to the people of Ireland. We would be doing ourselves a disservice if we did not point out that we could not continue to sustain the level of payments in the context of social welfare and public sector pay. The Minister has brought forward this particular Bill which in time will ensure our finances are sustainable not alone to protect services but to protect our not being in a position to pay people, which is a reality. The vast majority of public sector workers earn less than \50,000 per annum. It is not possible to make savings or adjustments, as suggested by some people opposite, by imposing all the reductions at the higher level. That simply would not have achieved the savings we required in the context of \1 billion from the public sector pay purse. We have a progressive tax system in this country. Whether Members opposite accept it or not, those who earn most pay most. They are the facts and that is the reality. In terms of the public sector pension levy, those who earn more pay most as is clearly evident in this Bill. We are asking people in all sectors of the public sector to carry their fair share. These decisions are never easy for a Government, in particular a Government that has been supportive of and invested hugely in the public sector, not alone in terms of industrial relations and remuneration but in the provision of public services across the spectrum, including in education, health, social welfare and infrastructure. We have invested huge sums of money in this area and all of this money is handled by the Civil Service and the public sector or spent on the public through the public sector. For people to waltz into this House and cast the aspersion that this Government has no feeling or understanding of the difficulties facing people is unfair. I am sure all Members know somebody, a relative, friend, neighbour or family member, who works in the public sector or Civil Service. The Government is acutely aware of the difficulties they are facing, in particular those in receipt of low pay. Given their demographics and age profile these are often people who have mortgages and family commitments. Those people who say there is an easier way of doing this are not doing 455 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Billy Kelleher.] this debate or those listening outside a service. They are being disingenuous and, at the very least, dishonest. The usual allegations with regard to the policies pursued by previous Governments since 1997 have been thrown across the floor. Everybody acknowledges that huge strides have been made in the provision of public services. There has been investment across all areas, including in infrastructure in terms of the development of motorways and railways and in 7o’clock educational and hospital expansion. Also, the number of people employed in the provision of those services has increased dramatically in recent years. I remind Deputies opposite that Fianna Fáil in coalition with others during the past 12 years has been responsible for expanding the public services beyond our wildest imagination. We are in a changed dynamic. Those people who suggest that it was the internal decisions of Government since 1997 that brought about the difficulties in our public finances are not living in the real world. If that is the case Fianna Fáil could be accused of bringing down Lehman Bros and of undermining the economies of the European Union and across the world. It is just not credible to suggest that all of this is the result of internal difficulties in Ireland. We lost competitiveness during the boom. I accept there was an over-reliance on the bubble that developed in property market. Equally, however, many people were employed for many years in the property and construction area. I never heard any Members opposite suggesting we should have done something differently to dampen the property market, which was a huge generator of employment and opportunities for many people. Members opposite are crying crocodile tears, which beggars belief to a certain extent. It is important that we are honest and understand that many families are experiencing difficulties in terms of redundancy and job losses. For a large number of people this budget gives only a glimmer of hope. They hope it will re-balance the public finances, stimulate growth and provide opportunities in the context of job creation. More than 400,000 people have lost jobs and are currently unemployed.

Debate adjourned.

Private Members’ Business.

————

Social Welfare Cuts: Motion. Deputy Denis Naughten: I move:

That Dáil Éireann calls on the Government to reverse the unjust cuts directly affecting carers, the blind and the disabled.

With the agreement of the House, I wish to share my time with Deputies Crawford, Connaughton, Joe Carey and Doyle.

Acting Chairman (Deputy Brian O’Shea): Agreed.

Deputy Denis Naughten: The motion calls on the Government to reverse the unjust cuts directly affecting carers, the blind and the persons with disabilities. The argument made here last week by Members on the Government side was that there was no alternative to the cuts to these vulnerable groups in our society. That is just not the case. For example, a constituent of mine, John, is a single parent and full-time carer of his 16 year old son, Seán, who is autistic and requires 24/7 supervision. If John turns his back on Seán, his 456 Social Welfare Cuts: 15 December 2009. Motion son can pull down the kettle on top of himself; he must be managed on an ongoing basis. So difficult was Seán to manage that his mother, John’s wife, just up and left. She could not cope with Seán’s difficulties. John, whose application for the half-rate carer’s allowance is being appealed, has seen his one-parent family payment cut by \8.30. Seán’s disability allowance payment has been cut by a further \8.30 and Seán’s child benefit has been cut by \3.70 a week. In total, this family has lost \1,000 or a 5% cut, even without the consideration of the Christmas bonus, which is another 2%. Those cuts are well in excess of inflation, which is currently running at 2.8%. I read some of the media commentary last week after the budget and one article really got me thinking. It was an article in the Irish Independent on Ms Helen McGee and her son Martin who live in Clondalkin. Martin is Down’s Syndrome and has severe cardiac problems. She is out of pocket, along with Martin, \16.80 a week in household income and on top of that, they will pay approximately \5 a month in additional prescription charges. The most damning indictment of the system that we have created in this country and the impact of the budget on real lives was her comment, “The only thing I can cut back on now is heating because I’ve cut back on everything else over the last while.” Anyone who has any understanding of carers of persons with a disability, the work they do and the role they play in a home, will know the impact cutting back on heating will have on that individual. The decision of that parent to cut back on heating to save money does not do any of us here proud and is a damning indictment of the system we have created. Never mind the direct cuts, there are also stealth charges such as the increase in the cost of petrol and the prescription charges that I mentioned earlier. It is not just about the financial impact, but about what this says of our society. The Taoiseach highlighted this quite recently when he stated that budgets are not simply about balancing books, as we all would agree, but about acknowledging what we all see as important in our society. Carers are important in our society. The average full-time carer in Ireland saves the State approximately \40,000 each year, but the budget ignored the value of carers. The Govern- ment’s stated policy is to keep people in their own homes for as long as possible, but by cutting the carer’s allowance and disability payments the Government is ignoring that policy. The National Carer’s Strategy, which was to have been published two years ago, has been shelved. In my constituency, home care package supports have been withdrawn because of the need to carry out the swine flu vaccination programme. In the “fair deal” scheme of nursing home packages where people are forced to go into nursing homes, the HSE is not processing those applications and is forcing many to remain in acute hospital settings at a cost of more than \1,000 a day. Some 64% of people with intellectual disabilities remain in their own homes being provided with full-time care by their relatives, which saves the State an estimated \70,000 per annum. The announcement in the budget does not acknowledge this. In the Department of Health and Children, front-line services are being cut back. There is a \50 million cut in spending on disability services provided through the voluntary organisations. The Department of Community, Rural and Gaeltacht Affairs earlier this year withdrew the community supports for older persons. In the Department of Education and Science, we see the fight to get basic services provided to children and the delays in processing applications through the system denying children with intellectual disabilities the supports they require within the education system. The cuts to the disability allowance and to the blind pension will have a devastating effect on persons with disabilities who already find it difficult to make ends meet on a daily basis. This sector already has much higher levels of poverty than other groups in our population. People with disabilities already have a higher cost of living, particular for heating, housing and transport. We were told here last week that the Government has no choice but to proceed with the cutbacks outlined. The Labour Party put forward a set of proposals that the Government could 457 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Denis Naughten.] have considered, Sinn Féin put forward a set of proposals the Government could have considered and Fine Gael put forward extremely detailed and costed proposals the Government could have implemented. The objective behind my party’s proposals was to create jobs and to protect carers, persons with disabilities and the blind. The best way to make savings in the social welfare budget is to get people back to work. Instead, the Government is planning for an extra 75,000 job losses next year at a cost of an additional \676 million in the social welfare budget — six times the cost of reinstating the payments to those who cannot work and those who care for them. Jobs and the restoration of hope for our future should have been the focus of the Government’s budget statement. If that were the case there would have been no need to penalise carers and persons with disabilities. Fine Gael is the only party that has put forward a credible job stimulation package that will take people off social welfare and get them back into employment, further education and training. My party’s policies, which were launched in the past year, would protect more than 250,000 jobs and training opportunities in the Irish economy and would have seen 50,000 people taken off the live register in 2010, but that could not be entertained by the Government because it would acknowledge the work done by the Opposition. Instead, the Government is cutting the supports to those who cannot help themselves. I was asked at the weekend by a carer why he must pay \8.30 a week to get the Government out of the mess that it created when the bank manager down the road on more than \250,000 has not been asked to contribute \1? How can the Government justify cuts to the blind, carers and people with disabilities when bankers are getting away scot-free? How is this fair? In the Fine Gael budget proposals we wanted the top earners to pay more. By capping the tax relief on pensions for top earners — the issue was within the Minister’s competency but it was not looked at — as well as shutting down tax shelters we could have saved \170 million, far in excess of the moneys needed to protect the most vulnerable in our communities. As I stated here last week, the Minister could have made significant savings in the rent supplement scheme. She projects savings of \20 million next year. Rent supplement is supposed to be a short-term support but people are on it for years instead of being moved to the rental accommodation scheme, which is a good deal more cost effective and better for tenants. Savings could have been made to reflect the market rate for the price of accommodation. Further savings could be made by transferring people to the rental accommodation scheme. A further \7 million could be saved through reform of the rent supplement and the deposit retention scheme. If we had scrapped the long-term leasing arrangements of the Minister of State, Deputy Michael Finneran, we could have saved an additional \20 million. The difficulty is the lack of joined-up thinking between Departments which is costly and causes considerable waste across several Departments. Fine Gael has outlined where it can cut back on some of the bureaucracy in respect of FÁS, the HSE and CIE and through the elimination of up to 150 Government quangos, by cutting back on third party procurement costs and by programme reductions as outlined in the McCarthy report. Instead, the Government is soft on bankers and the Minister, Deputy Mary Hanafin, is soft on fraud. On 8 April in this House, the Minister stated that her first priority was to save as much as possible by reducing the incidence of social welfare fraud. The Minister set out a target in respect of social welfare fraud but how much has she saved? Not one cent has been saved in respect of the April fraud targets. As a result carers, people with disabilities and the blind are left to pay the price. The tragic irony is that if the Government had met its own social welfare fraud target, it would have saved more than the money needed to protect payments to the most vulnerable, carers, people with disabilities and the visually impaired. Any fair minded individual who wit- 458 Social Welfare Cuts: 15 December 2009. Motion nessed the exposure of fraud to the tune of \2 billion from the Department of Social and Family Affairs would be incensed to find out that because of the Minister, Deputy Hanafin’s failure to deliver on her commitment in the April budget, money must now be raised by cutting payments to the most vulnerable in our society, including people who cannot work and those who care for such people seven days a week, 365 days per year. In April, the Minister announced additional controls to combat fraud with planned savings of \82 million in 2009 and \125 million in 2010. These savings were to come from the areas of jobseekers’ payments and child benefit. Not one cent of that target has been achieved and, as a result, an additional \108 million must be raised by cutting payments to 48,000 people in receipt of carers’ payments and those with a disability. The scale of social welfare fraud revealed by “Prime Time Investigates” programme beggars belief. In the past two years, the Government set a target of \1 billion in fraud savings and the \2 billion referred to in the “Prime Time Investigates” programme may be short of the mark. With fraud running at an estimated \4,000 per minute, surely this was the area on which the focus should have been for the Department of Social and Family Affairs and the Minister. The Comptroller and Auditor General has suggested that in four out of five cases of fraud the information was already available to the Department. The issue is the lack of staff and inspections to carry out fraud detection. The “Prime Time Investigates” report highlighted the fact that people can be in receipt of a jobseekers’ payment while at the same time pay PRSI to the Department of Social Welfare as a result of work. Surely such a situation should not arise. It would make much more sense to bring staff surplus to requirements in other Depart- ments into the Department of Social and Family Affairs to deal with the matter. In the Depart- ment of Agriculture, Fisheries and Food, there is one official for every 30 farmers, but in the Department of Social and Family Affairs there is only one official for every 350 claimants. In recent days, some media have reported on a vet and two officials from the Department of the Environment, Heritage and Local Government running after a stag in County Meath twice a week. It would make more sense for these officials to be involved in fraud detection than running after a stag. Fianna Fáil and Green Party Deputies have deluded themselves by claiming there is no alternative to cutting social welfare for the blind, carers and people with disabilities by 6%. That is a complete untruth. Despite the outburst of Deputy Gogarty last Friday, he can now prove himself and prove that he has the courage of his convictions by backing the Fine Gael motion to protect the most vulnerable in our society. Fine Gael has already set out concrete alternative proposals to save money without hurting those who need support most from the State. The Minister and the Government had a choice. They could have punished fraud, tackled inefficiency and thereby protected the vulnerable. The Minister, Deputy Hanafin, has proved that she is soft on fraud but tough on carers and people with disabilities. She chose not to do this and punish the weak instead. I commend the motion to the House.

Deputy Seymour Crawford: I welcome the opportunity to speak on this important motion and I congratulate my colleague on introducing it. It is difficult to believe that the blind, the disabled, carers and widows are among those who must carry the can for the bankers, builders and developers. It should be remembered that the \4 billion that had to be saved in the budget corresponds directly to the first amount paid to Anglo Irish Bank. We are all aware that support to that bank is by no means finished as of yet and it will never serve a purpose for this country. There has been much bluff and bluster by various people in the House concerning the various things that had to be done in this budget, one of which was the carbon tax. It was suggested that it would save the world, but it has only served to create another form of taxation that will 459 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Seymour Crawford.] cost the disabled, widows and carers more money. The price of petrol has risen by 3.5%, diesel by 4.5%, natural gas by 6%, coal by 11.1% and so on. However, no relief has been granted by way of an increase in the fuel allowance. We were told that when the carbon tax was introduced, it would be used solely to improve the green image. However, the reality is those at the bottom will suffer most once again. We know that changes regarding marked oil will not be introduced until 1 May. However, it will not qualify under the fuel allowance scheme and householders will require further support under the fuel allowance scheme in any case. It will cost a good deal more and old and disabled people require more heat than the rest of us. I note a comment from Rehab to the effect that disabled groups are especially concerned about the impact of these cuts. According to independent research, not Fine Gael research, it takes at least \40 per week more on average to support a disabled person. However, disability benefit is being cut by \8.30 per week in this budget. The drug payment scheme is a brilliant idea. It has been in operation in the UK and Northern Ireland. However, Northern Ireland has stated that it will no longer run the scheme because it has not been the success that was originally anticipated. It is strange that we have followed the UK in the medical field and the Minister, Deputy Mary Harney, has proceeded with destroying small hospitals and so on. Although the UK is planning to change, we plan to implement its former position. There are 1.4 million medical card holders. The possible cost to an individual is up to \120 per year. It could mean more in the case of some people suffering from depression and mental illness. They are allowed only a small number of tablets, perhaps a week’s worth, must go more often and obviously will have a higher amount to pay. A disabled person will lose at least \450 and as much as \550 per year, depending on the amount of medication used. I ask the Minister to look again at this situation. There are alternatives. She could save up to \300 million by implementing the use of generic drugs. Some drugs cost ten times more in this country than they do in the United Kingdom. How can that be justified? Drugs that cost \2 in the UK cost \20 here and yet we will not use generic drugs. I ask the Minister, for God’s sake, to use the mechanisms available to us rather than take the money from those who can afford it least. My colleague, Deputy James Reilly, the Fine Gael spokesperson on health and a doctor by trade, has spelled this out clearly and specifically named the drugs that can be dealt with in this way. It is not pie in the sky. It is a serious situation, however, for the lady in Bailieborough who is taking a serious quantity of drugs for diabetes, heart disease and depression. She telephoned me the other day when she heard this charge was to be imposed. A sum of 50 cents may sound very little to the Minister but when one multiplies it by the number of drugs this person takes it means she will have to pay the maximum every week. This is an extremely serious situation. I cannot understand why the Minister cannot take the sensible way out and buy the generic drugs available rather than force this charge on the disabled, people with depression and others. Then there is deflation. We had a lecture from the Minister for Finance the other night about how good the budget was, that deflation was 6.5% and the disabled, the widows and the carers were to have cuts of only 4.1%. Of course, the consumer price index, CPI, figure of 6.5% includes mortgage holders. How many of the disabled, the blind or the carers are paying mortgages? They are not and so a completely false structure has been put on this to make out these people are not doing so badly. In one way I do not mind something being cut but putting such a spin on it and making out it is not a cut is a completely different affair. I urge the Minister for Finance to look again at his comments in that area. 460 Social Welfare Cuts: 15 December 2009. Motion

That night I mentioned the situation of a widow and her three children. I know the Minister will return to this later and try to make out it was not an issue but I can tell her that when a lady leaves the bedroom of her 49 year old husband, goes down to get him a drink and comes back up to find him dead——

Deputy Mary Hanafin: Tell me about it.

Deputy Seymour Crawford: ——with three children in another room, it is an issue. This lady was told she will not suffer because of this cut but it will mean \1,000 per year to her between the cut in her pension and those in the other areas. I fully appreciate when the Minister comes through and I do not make light of that story.

Acting Chairman: The Deputy has one minute remaining.

Deputy Seymour Crawford: I am talking about an individual who has to have a car and is not eligible for a medical card so must pay the inflated school bus rates. She must pay for everything. It is a problem and should not be made light of. As did my colleague, Deputy Naughten, I shall comment on the fair deal. We were told this would be a fair budget and we all appreciate that \4 billion in savings had to be achieved to meet the bank debts and all the rest of it. However, this is no more a fair budget than the fair deal was fair. The fair deal was to come in February two years ago. Eventually it was to come last October and a limited budget allowed for it. As Deputy Naughten and I understand it, it still has not been sorted out. It is time fairness was shown by the Government to those who are worst off. The carers and the elderly deserve better. Carers’ hours have been cut back. A person who looks after drugs for young people in Monaghan found the job cut back the other day despite people saying there will be no cutbacks. I ask the Minister to reconsider the word “fairness” and ensure that it operates.

Deputy Paul Connaughton: I ask the Acting Chairman to alert me when I have a minute left. I am delighted to have this opportunity to say directly to the Minister for Social and Family Affairs, Deputy Mary Hanafin, that I am surprised by her at a personal level because I always believed there was an element of fairness in everything she did. However, on this occasion, she and the Government have got it wrong. A week ago, everybody in the House believed and accepted we had to achieve \4 billion in savings and we all put out our various stalls. Naturally, I believe what Fine Gael did was properly costed. I shall put it to the Minister in this way. We had to achieve \4 billion in savings but one can contrast what \108 million is — I am long enough in the House to remember when that was a great deal of money — against \4 billion. What did we get for that \108 million? We crucified the carers, the blind, the disabled and the widows. It was the first time I saw a Government putting its hand into the pockets of blind people, literally, to rob them. Shame on the Government. There are certain disabilities that, unfortunately, are of such a scale there is no real future for a great number of people who suffer from them. For the life of me, I could not understand why the Government had to do that. It got a lesson and a half last year with the pensioners and did not touch them this time. However, it will get another big lesson from this cohort. In the few seconds at my disposal, I point out the way the business was jigged. The minute I heard the Minister for Finance say that everybody who worked, even those who earned less than \30,000, would be hit by a 5% cut, I knew there would be big trouble. I do not have time to explain the Fine Gael proposal but we had a way around this. Now that we have the cut there is nothing we can do about it because all sorts of deals were made last week with backben- 461 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Paul Connaughton.] chers and Independent Deputies and obviously they will all weld in together for another while. The electorate will catch up with them at the finish but that is another story. It was most unfair to clap a 5% cut on anybody who earned less than \30,000. When the Government interfered with child benefit, it had no alternative but to transfer some of that amount back to mothers whose children would be affected. It did so by increasing the child dependant allowance, as I used call it. There is nothing wrong with that except for the fact that no Government since 1994 thought about increasing the child dependant allowance until last year or the year before. Something was added to the allowance in the past two years and this will create another poverty trap. People in that category who are entitled to this payment, which should not have been taken from them in the first place, will find that there are many jobs they will be unable to take up. Another element I would like the Minister to examine is the method of assessment for jobseeker’s allowance and farm assist for people who are self-employed. I mentioned this matter previously and, in fairness, some efforts were made to address it, but an impasse has been reached now in that, for whatever reason, the method of calculation is wrong for somebody who was previously self-employed, is now unemployed, has no money in the bank and nothing to live on but who has some type of property. I ask the Minister to examine that quickly because it is out of order. On the fair deal scheme, I saw a circular from a nursing home which suggested that because of the introduction of that scheme on 1 February, it would be entitled to charge \750 per week as opposed to the current fee of \650 per week. Someone should examine that to find out how that could be the case.

Deputy Joe Carey: I join with my colleagues in telling the Minister that the Government got the budget wrong. The biggest challenge facing this country is the number of people who are unemployed. This Government conceded last week that another 75,000 people will end up on the dole queues next year and that is the biggest problem with the budget. The Government made no effort to deal with that problem. This slash and burn budget targets the people who are vulnerable such as carers, people on disability benefit and the blind. Imposing a cut of \8 is a massive blow for people who are dependent on their payment. As we end this decade, one of the more memorable images is that of the current Minister for Social and Family Affairs, Deputy Mary Hanafin, the then Minister for Finance and current Taoiseach, Deputy Brian Cowen, and the former Taoiseach, Deputy Bertie Ahern, strolling along the beach in Inchydoney with their sandals in their hands and their coats thrown over their shoulders. They had been converted to socialism and were thinking about the people who were vulnerable, having received a presentation from Fr. Seán Healy at the think-in there. In terms of Fr. Seán Healy’s reflection on the budget, he said it is an unfair and unjust budget which fails the vulnerable and damages the economy. He further stated that budget 2010 lacks vision, fails to provide leadership and raises serious questions concerning competence. I agree wholeheartedly with that statement. Many people were shocked by the recent “Prime Time Investigates” programme which focused on social welfare fraud. It showed PPS scams using false identities and a person falsely claiming the pension of a woman who had been dead for four years. It also showed child benefit fraud being committed by non-nationals. In total, the programme focused on nine people who have defrauded this State to the tune of \1 million, but that is only the tip of the iceberg. The same programme claimed that between 10% and 15% of all social welfare claims are fraudulent. When one considers that the total budget for social welfare is \22 billion, 10% of that — a proven estimate — is a saving that could be made of \2.2 billion. If the Minister, Deputy 462 Social Welfare Cuts: 15 December 2009. Motion

Hanafin, was doing her job right the carers, the people on disability payments and the blind would not have to take the burden of her cuts. I agree with Deputy Denis Naughten. The Minister is soft on fraud but she has been very hard on people who are on the margins. The Minister for Finance had choices. Fine Gael produced an alternative budget that was much fairer than what was presented last week. Why did the Minister not take that on board? Why did the Government put down the challenge to Fine Gael and to other parties in this Dáil and blatantly ignore them? Why did it ignore the interest groups? Why did it ignore people like Caring for Carers and the disability support groups and cut their payments? I recall some years ago one of the terrible twins — I do not know if it was Dempsey or Cullen — saying that \100 million was only a drop in the ocean. They should say that to the people whose payments have been cut by \108 million, which will hurt them.

Deputy Andrew Doyle: Last week, in a type of rallying call, the Minister for Finance said we have turned the corner. Last year, he said it was no more than a call to patriotic duty but we have turned the corner away from Inchydoney, as Deputy Carey mentioned, and the mirage that was Fianna Fáil’s social conscience because it brought in a budget that sought to take \108 million from people such as the blind and disabled and as in the case of carers, people who have to work 24 hours night and day. There is no need for carers, like other people in receipt of social welfare, to sign on anywhere because they do not have time to sign on. I am regularly scheduled to meet two or three people in Wicklow but on occasions somebody does not turn up because they cannot get anybody to cover for them for an hour to allow them express what they do to a public representative. That is the reality these people live with every day, yet we have sought to take \108 million out of their pockets. Fine Gael proposed, among other measures, that the rental accommodation scheme should be the priority as opposed to keeping people in receipt of rent supplement for longer than is necessary. Rent supplement is inefficient and is not as traceable as the rental allowance scheme which, among other things, places an onus on the landlord to be tax compliant with annual returns made every year. Any building that is sub-divided must have planning permission and meet building energy regulation standards. In all aspects, it is better value, a better all-round standard, and the market reality is reflected in the rent. Also, it is illegal for the landlord to charge the tenant anything other than the agreed price. At a cost of \500 million, that is a saving of a conservative figure of 10%. Regarding people with disabilities, a person came to see me who needs \15,000 worth of home adaptation works. The application was declined by the local authority because it had no money to pay it. That person has taken out a credit union loan to fund that home adaptation. This is for an adult; I am not talking about the cost for a child. That person is approximately \12 a week poorer as a result of this budget when extra costs in prescriptions, fuel and the actual cuts in the payments are taken into account. That is almost \1,000 a year. That is the bulk of the repayment that person had set aside to make the necessary adjustments to their house to allow them live in relative comfort. In 2004, the National Disability Authority estimated that it costs a person with a disability an extra \40 a week to live. The Government amendment to our Bill states that after budget 2010, the payments will be ahead of 2006 levels. The extra cost of \40 per week is still valid because that is what it costs a person with a disability to live on compared to a person without a disability, yet the Minister has engaged in a slash and burn exercise. She has not addressed inefficiencies in the system, fraud or the possibility of moving to a rental accommodation scheme. It is the same as when the Government was announcing increases in every sector and was providing good news on a continual basis. It did not perform either a cost-benefit analysis or an evaluation and now, on the way back down, the chickens are coming home to roost. 463 Social Welfare Cuts: 15 December 2009. Motion

Acting Chairman: I understand the Minister intends to share time.

Minister for Social and Family Affairs (Deputy Mary Hanafin): I wish to share time with Deputy Conlon. At the outset, I wish to state as Minister for Social and Family Affairs——

Acting Chairman: I take it that the Minister intends to move amendment No. 1.

Deputy Denis Naughten: It would not do to forget.

Deputy Mary Hanafin: I move amendment No. 1:

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

“— recognises the significant improvements made in recent years in supports for people with disabilities and their carers, including:

— substantial increases between 1997 and 2009 in the weekly rates of payment to people with disabilities and carers and such increases have been a multiple of the increase in the cost of living over that period;

— greatly increased eligibility for income support payments as a result of significant easing of the means tests, with much higher income disregards;

— a fivefold increase in expenditure on the disability allowance since 1997;

— a fourteenfold increase in expenditure by the Department of Social and Family Affairs on supports for carers since 1997;

— the introduction in 2007 of the half-rate carer’s allowance which provides significant additional support for carers in receipt of social welfare payments;

— an increase in the value of the respite care grant from just \254 in 1997 to \1,700 in 2009 and enabling it to be paid to people who are not in receipt of carer’s allowance or carer’s benefit; and

— improvements in the additional supports that many people with disabilities and their carers receive, including the household benefits package of free television licence, electricity and telephone, as well as free travel;

notes that after budget 2010, the weekly rate of payment for the disability allowance and carer’s allowance will still be almost 20% higher next year than in 2006; and

welcomes the Government’s decision to retain the half-rate carer’s allowance and the respite care grant and to avoid any cuts in the weekly rate of carer’s allowance paid to carers aged over 66.”

At the outset, I wish to state that as Minister for Social and Family Affairs, I absolutely appreciate that any cut in welfare payments is not easy for people. I also understand that even a cut of \8.50 has an impact on people. However, I also understand the particular challenges that people with disabilities face in their daily lives and the sacrifices that family carers make to look after their loved ones. I note that the motion tabled this evening referred to the aforemen- tioned two groups of people. Moreover, two Members spoke sympathetically in the Chamber this evening about widows. However, as Fine Gael’s own proposals involved cutting the widow’s allowance, there is not much point in crying about them in the House this evening. 464 Social Welfare Cuts: 15 December 2009. Motion

The Government is acutely conscious of the vital supports that the welfare system provides to a range of groups in our society. It was for precisely this reason that when resources were available, the Government invested heavily in improving social welfare rates and services for all those who are reliant on the State for income support. I assure the House that the decision to reduce social welfare rates was not taken lightly and that every possible step has been taken to protect the most vulnerable in society. However, the Government was faced in this budget with a stark choice. The major improvements in welfare payments in recent years were made possible by increases in the amount of money the State was taking in from taxes.

Deputy Paul Connaughton: From a bubble.

Deputy Mary Hanafin: This year, however, tax receipts have fallen dramatically. As a result, Ireland is now borrowing \400 million every week, mainly to pay for welfare, health and education. Unless we reduce our loans as a country, not only will we be obliged to pay substantial interest in the future, we will face the real prospect that international banks will not lend us any more money, on foot of which it then would be necessary to make other decisions. The Government’s choice, therefore, was either to cut spending by a relatively small amount now and get borrowing under control or to risk being in a far worse position next year and then to be obliged to make much harsher cuts in welfare payments. This was not an easy choice and was not a decision that any member of the Government took lightly. However, they knew that were the Government to shirk its responsibility to take the necessary but painful steps required to reduce the level of public expenditure, it would be putting at risk all the gains achieved in recent years. The budget set out that the Government’s major priority is to get people back to work. I accept this is the best way in which to reduce the social welfare budget. This is the reason that, proportionately, Ireland has the largest capital programme of any country in Europe. It will keep 60,000 to 70,000 people working in the construction industry. In addition, measures that were included in the budget, such as the retrofitting programme, investment in tourism and the food industry, the enterprise stabilisation fund and the PRSI exemption for employers, constitute a jobs stimulus. Hopefully, they will serve to reduce the social welfare budget even further next year. Nevertheless, the Government was forced to make reductions and Members will be aware of the main areas in which reductions are being made. Within such reductions, the Government sought to protect as many people as possible. While child benefit is being cut by \16 per child per month for all children, full compensation is being provided to more than 420,000 children in families who are dependent on welfare payments or who are in receipt of the family income supplement. The weekly rates of payment to those aged under 66 are being reduced by approximately 4.1%, or an average of \8.30 per week. The reduced rates of payments will apply to new jobseeker’s allowance claimants aged 24 and under who are not in training or education. Reduced rates will also apply to jobseekers of any age who unreasonably refuse offers of training or education or who turn down a job. The treatment benefit scheme is also being limited in 2010 to free dental and optical examinations and the medical and surgical appliances scheme only. While I will return later to the subject of fraud, additional fraud and control savings of \33.3 million or a total of \533 million, are being targeted for 2010 through enhanced targeting of particular schemes and the introduction of the new anti-fraud powers provided for in the Bill debated in the House last week. In addition, savings of \20 million are expected to result from reductions in the maximum rent levels for new or renewed rent supplement tenancies. While 465 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Mary Hanafin.] this issue was raised in the Chamber this evening, Members should not be under any illusion but that the RAS scheme also costs the Exchequer money.

Deputy Denis Naughten: Far less.

Deputy Mary Hanafin: Nevertheless, as it is Exchequer money, it is not as though one could suddenly wipe out the rent supplement money by putting people into the RAS scheme.

Deputy Denis Naughten: The point is about savings.

Deputy Mary Hanafin: Savings of \2 million are being made through a restructuring of the regional support agencies that work with the family resource centres. As for the reductions in weekly payments to people with disabilities and carers, I accept these are highly sensitive areas. However, they should be seen in the context of the huge improvements that have been made in recent years. Welfare rates were increased in 2007, 2008 and 2009 by 12.1%, 6.5% and 3.3%, respectively. As a result, even with the reductions provided for in last week’s budget, the weekly rate of payment for the disability allowance and carer’s allowance still will be almost 20% higher next year than in 2006. Disability allowance will be more than 130% higher than in 1997, while carer’s allowance is more than 147% higher than it was in the same period. These increases have led to real improvements in the day-to-day lives of people affected by illness and disability. Tomorrow evening, my colleague, the Minister of State at the Department of Health and Children, Deputy John Moloney, will outline the improvements made from the perspective of his Department. In addition to improving payment rates, the Government also has enabled more people with disabilities to qualify for the disability allowance by introducing progressive changes to the means test and putting in place generous disregards for people who are able to take up rehabilitative employment. In 2007, the Government increased the capital disregard in the means test for disability allowance from \20,000 to \50,000. In another important change to the disability allowance and blind person’s pension schemes, the Government reformed the assessment of the earnings of spouses or partners in 2007 to ensure that a family will always be better off when a spouse or partner is earning. With effect from September 2007, some \20 per day of earnings, subject to a maximum of three days per week, is now disregarded and the balance assessed at 60%. The arrangements whereby people with disabilities can engage in rehabilitative employment have also been reformed and improved. Prior to June 2006, once earnings exceeded the disregard threshold of \120, any additional income was fully assessed. This was changed in order that any income between \120 and \350 was now subject to a 50% tapered withdrawal rate. The result is that some claimants can earn up to \430 per week before the disability allowance or blind person’s pension is withdrawn fully. Almost one in ten claimants of disability allowance, more than 9,000 people, are engaged in work or are on community employment schemes. Notwithstanding the pressures on services arising from the increases in unemployment, efforts continue to improve the activation of people with disabilities and get them into work, training or education. The disability activation project, which is based in the midlands and supported by the European Social Fund, is testing a multi-agency approach to activation by bringing together agencies such as the HSE, FÁS and the VEC. The work involved can be extremely resource-intensive since in many instances, people will be at the very margins of the labour market and will need much help, including with social skills, before they can take up a job successfully. Between the commencement of the disability activation project and the end of June 2009, some 481 illness payment recipients 466 Social Welfare Cuts: 15 December 2009. Motion were invited to attend for interview. Of these, 209 people have met project staff on a one-to- one basis to complete personal progression plans. In addition, training programmes, targeted specifically at people on illness or disability payments in the region, have been held in conjunction with the VEC. As part of this process, key personnel in other agencies were met on an individual basis by the project facilitator to initiate and develop local working relationships and co-operation. The extent of the Government’s commitment to improving the position of people with disabilities in our society can be seen in one simple fact. Taken together, the increase in numbers availing of the disability allowance and sustained increases in the rates of payment, means that even after this budget, expenditure on this scheme will be almost five times greater than it was in 1997. Expenditure on other schemes for people affected by illness and disability, such as illness benefit and invalidity pension, also will have increased by approximately 290% and 170%, respectively, in the same period. The Government has also dramatically improved the supports provided to carers. It is acutely aware and appreciative of the contribution made by carers to people needing ongoing care and support and is determined to help them as much as possible with this vital role. The Department of Social and Family Affairs has three payments specifically for carers, that is, the means tested carer’s allowance, the social insurance-based carer’s benefit and the universal respite care grant. In order to qualify for any of these payments, the applicant must be providing full-time care and attention to a person in need of such care. A person may engage in employment, self-employment, education or training outside the home for up to 15 hours per week and still be considered to be providing full-time care and attention. The person being cared for must need full-time care and attention and must not normally live in a hospital, convalescent home or other similar institution. Payment rates for carers are 8% more than jobseekers allowance and, in addition, they receive household benefits, free travel, the respite care grant and a more generous means test than for other schemes. For carers under 66 years of age, the budget in 2007 increased the rate of carer’s allowance and benefit by 11.1% to \200 per week. In the budget in 2008, the rate was increased to \214, an increase of 7%. The budget in 2009 increased it to \220.50, an increase of over 3%. In 2010, the rate of carer’s allowance for someone aged under 66 is being reduced by 3.85% to \212, which will be just \2 less than it was in 2008. Where people are caring for more than one person, they receive a higher payment which equates to the personal rate for a person with the same means who is caring for one person, plus 50% of the maximum personal rate. Recipients with children also receive a qualified child increase in respect of each child. Therefore, such people have been protected from any cuts in child benefit. Recipients of carer’s allowance are also eligible for household benefits and free travel, which are unaffected by the budget for 2010. This is worth the equivalent of \40.70 per month for electricity or gas, which is \43.60 with the rural standing charge, \26 per month for telephone and \160 per year for a television licence. All carers providing full-time care and attention to a person in need of such care, regardless of their means or social insurance contributions, will continue to receive the annual respite care grant of \1,700 for each care recipient. It is worth remembering that ten years ago the respite care grant was \254 and was only available for recipients of carer’s allowance. Over the years the means test for carer’s allowance has been significantly eased and is now one of the most generous means tests in the social welfare system, most notably with regard to a spouse’s earnings. Since April 2008, the income disregard has been \332.50 per week for a single person and \665 per week for a couple. This means that a couple with two children can 467 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Mary Hanafin.] earn in the region of \37,200 and qualify for the maximum rate of carer’s allowance, as well as the associated free travel and household benefits package. A couple with an income in the region of \60,400 can still qualify for a minimum payment, as well as free travel and household benefits. These levels surpass the Towards 2016 commitment to ensure that those on average industrial earnings continue to qualify for a full carer’s allowance. Other improvements made for carers in recent years include the extension of the duration of carer’s benefit and carer’s leave from 15 to 24 months and the approval of almost \1.5 million in funding for training for carers to help reduce the risk of injury to the carer and help them cope with the emotional and psychological aspects of their role. Twelve groups were approved for funding under this measure including the Carers Association, which will provide locally-based training programmes for about 10,000 family carers, which will start in January 2010 and run until mid-2011. Caring for Carers Ireland has 95 courses for 1,000 carers. Cross- care provides targeted training in Dublin and the Alzheimer Society of Ireland runs 28 courses for 800 carers. The budget in 2007 provided for new arrangements whereby people in receipt of a social welfare payment, other than carer’s allowance or benefit, who are also providing someone with full-time care and attention can retain their main welfare payment and receive a half-rate carer’s allowance. Recipients of half-rate carer’s allowance are also eligible for the household benefits package, free travel and the annual respite care grant. This provision has been retained in the budget for 2010 and will continue to be paid next year. The cost of the half-rate carer’s allowance is estimated at \90 million in a full year. At the end of October last, 18,903 carers were benefiting from this measure. This represents about 40% of those in receipt of carer’s allowance. Of the almost 19,000 persons in receipt of the half-rate carer’s allowance, more than 7,500 are in receipt of a State pension, which was not affected by the budget, or invalidity pension. Some 2,000 people are in receipt of a disability payment and 3,500 are in receipt of the one parent family payment. The carer’s allowance rates for carers over 66 years of age have not been changed and remain at \239. It is estimated that the combined expenditure on carer’s allowance, carer’s benefit, the respite care grant and half-rate carer’s allowance will be \650 million in 2009, compared to the \50 million spent on carers by the Department of Social and Family Affairs in 1997. The supports provided for carers in Ireland are among the most generous in the world because we value the work they do. The payment rate for carer’s allowance in Ireland for those under 66 will be \212 next year, which is almost four times that which is available in the UK. Carers in the UK do not receive the household benefits packages, including free television licences, electricity and telephones. They do not receive free travel or a respite care grant of \1,700 per year to be used at the discretion of the carer. We also have greater flexibility in the qualifying criteria for carer’s allowance. This Government is committed to supporting care in the community to the maximum extent possible. The proof of this lies in the supports we have introduced and developed over the years. It is a record of which the Government and the whole country can be proud. In evaluating the actual impact the reductions in the weekly rates of payment to people with disabilities and carers in the budget are likely to have on the people concerned, it is important to consider the overall position with regard to falling prices. Prices have dropped considerably this year. By November 2009 prices, as measured by the consumer price index, had fallen by approximately 5.5%. I appreciate that people with disabilities may face extra costs and many of them would not have benefited from the decrease in the cost of mortgages, but they would 468 Social Welfare Cuts: 15 December 2009. Motion also benefit from the drop in the price of basic items. On a year-on-year basis, food is down 6%, energy by 11 % and clothing and footwear by 13%. People have expressed concern about the carbon tax. Alleviating measure will be introduced to ensure that people do not suffer from fuel poverty as a result of the tax. Its impact will come into effect in September next year, which gives us ample time to introduce measures to help those who will be affected. The consumer price index is expected to fall by another 0.8% in 2010. The issue of fraud was raised during the debate. I want to take the opportunity to highlight again the measures we are taking to tackle welfare fraud. Welfare fraud is theft. It is a serious crime and the Department of Social and Family Affairs is doing everything it can to crack down on people who abuse the system. It is an issue we have taken very seriously. There are more than 600 staff working in areas related to the control of fraud and abuse of the welfare system. In recent months, more than 350 staff, many of whom worked in the Department of Agriculture, Fisheries and Food, have come into the Department of Social and Family Affairs from other Departments. In this year alone, 600,000 individual claims were reviewed. In April, we added additional targets which we hoped to reach in our efforts at fraud control. The original target was \500 million, which was increased. It is better to increase the targets than cut social welfare payments which was, in effect, the option. We have increased and exceeded the number of claims we have reviewed, something which we did not anticipate. The amount of money we have saved has not been as high as we hoped, given the number of reviews we conducted. We reviewed all the different schemes in place. The reality is there is no basis to substantiate the figure of 10% fraud, as alleged in a recent television programme. The Comptroller and Auditor General and the joint committee accepted that. The level of fraud on most schemes is very low. If Deputies say there is 10% fraud across all scheme, they are saying 10% of pensioners, people on disability or carers are defrauding the system. They are not and the levels of fraud in such schemes is very low. The percentage fraud identified in the fraud and error surveys was 0% for pensioners, 0.1% for illness benefit, 0.8% for family income supplement, 1.8% for child benefit and 2.3% for the disability allowance. However, there are some groups within some schemes and there are some groups of claimants who present a much higher risk than others and that is why we have made changes in that regard, including requiring people to collect their money in person when they sign on to ensure that they have not left the State, for example. There is increased use of the requirement for photographic proof of identity — next year we will roll out the PPS card, which will contain the photograph and the signature. That will be an important part in combating fraud. A number of people are now complaining to us about the number of times we are writing to them to certify that their child is here in the country and attending school. We have made substantial savings in the child benefit budget by finding people who were no longer in the country and were not entitled to claim it. Across all different sectors, various 8o’clock targeted control measures are working. We will improve that next year. We shall exceed the target this year and we exceeded it last year. We have sent cases to the Chief State Solicitor. It is interesting that in the nine cases the Deputy mentioned that featured in the television programme, every one of the individuals had been caught. They were all people who had been prosecuted or had been found. That proves the system works. The public have been very helpful to us — we have received 1,000 reports from members of the public, all of which are followed up. 469 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Mary Hanafin.]

Our cross-Border operations have meant that the number of people signing on in offices in the Border region has decreased substantially. Our fraud detection system, working across the other Departments, is much more successful than it was in the past. The new measures we introduced in the Bill will help us in this regard also. It is a matter we take really seriously. We are very tough on fraud and are clamping down on it. Unfortunately, that in itself was not enough to avoid us having to make cuts in the budget. Next year, we envisage spending \676 million more on social welfare than we did this year. It will be an increase of 3.3% despite the fact that we have had to introduce these cuts. Some \21.1 billion will be spent next year. I know it is a difficult and sensitive area, but I also know we need to get the economy back on track. We need to ensure that we make the decisions that will save money. I did not want a situation where we had to cut social welfare. I equally did not want a situation where if we left untouched any one of the three sectors — public sector pay, social welfare or services — that the other two would need to bear the burden. We did it in as balanced and fair a way as we could by protecting pensioners and children in vulnerable situations, and by trying to minimise the cuts. Had we take the option Fine Gael is suggesting of excluding particular groups, it would have placed an even greater burden on others of the same age. Those were some of the difficult decisions. I believe we have shown our commitment in recent years with the large increases in rates and the extensive supports we have given to people with a disability and carers. It is a difficult budget and we have tried to minimise the impact. When I met the groups — I do not accept that we ignored them — the carers made it quite clear that their priority was to hold on the half-rate carer’s payment and to hold on to the respite care grant. It might have been easier not to cut the rate, but to halve the respite care grant, as the McCarthy report suggested. Had we done that, it would have taken considerably more money from the pockets of many more people, including those who provide care on a full-time basis but do not get a carer’s allowance. It was a very careful balancing act, bearing in mind particularly what is happening in health with more money going into home care packages. Those have been difficult decisions, but when considered in the overall context in doing what is in the best interests of the country, hopefully we will never again find ourselves in this situation. That is why, unfortunately, we had to make these decisions.

Deputy Margaret Conlon: We all accept that last week’s budget was a difficult one. It was framed in a period when we are experiencing the worst economic recession in living memory. However, as the saying goes, this too will pass and there will be sunshine after the rain. In delivering the budget, it was important that it be fair. I accept everyone’s perception of fairness is different. However, difficult choices needed to be made and I believe they were the right choices. At the end of the day, we must ensure that our economy in the future will be sustainable and we must also ensure that it is in good order for the generation coming after us. No one on this side of the House could or would take any pleasure in delivering the bad news of reducing people’s benefits. We would all like to be popular and deliver good news by announcing increased benefits and rates of payments. However, this is not a popularity contest; this is about making the right choices and doing the right thing. I would like to focus on the treatment benefit scheme. While it has been limited in 2010 subject to a yearly review, the dental and optical examination will still be available under the scheme. The hearing aid scheme will be retained as it stands. Almost 2 million insured people will continue to be covered for their annual free examinations and their hearing aids. Some 400,000 people will get a dental examination and 200,000 people will get an optical examination. People on low incomes who require treatment and hold a medical card will have access to both 470 Social Welfare Cuts: 15 December 2009. Motion free dental and optical treatment. Since 1996, the social insurance fund, which pays treatment benefits to insured people, showed a surplus. However, the surplus position began to change last year and it is regrettable that the kitty is expected to be completely empty by the beginning of 2010. This, coupled with increased demand on jobseeker’s benefit and the ageing nature of population, is another factor leading to increased expenditure on the State pension contributory and State pension transition. It is startling that it is estimated that there will be only two workers for every pensioner here in 2050 compared to six today. The McCarthy report, on which we have had considerable debate on in this House, took the view that given the significant pressures placed on the social insurance fund, continuation of the scheme is no longer affordable. It also noted that the scheme may have contributed to higher prices for dental and optical benefits. I believe the changes will lead to an increase in competition on the fees charged by professionals. Over the past 12 years we have witnessed major changes in the social welfare system. The Government has delivered significant and unprecedented increases. Jobseeker’s allowance has increased by 130%. The disability allowance increased by 130% and the carer’s allowance has increased by 150%. The one-parent family payment has increased by 130%. Those are not insignificant increases by any stretch of the imagination. Even though we are more constrained in recent times, the Government has made every effort to protect the most vulnerable. In framing the budget, the Government took into consideration the reduction in prices. Last month’s CPI indicated a 5% reduction in prices. Given that prices have reduced, by reducing welfare payments the Government has, in reality, not diminished people’s spending power. People are seeking and getting value for their money. Even after the changes in the budget, we are retaining the relative value of the lowest social welfare rate in 2007, a period when we were experiencing the boom. Like any household, the Government needs to maintain its finances. We cannot continue to spend more than we take in. As the Minister said, as we are borrowing approximately \400 million per week for day-to-day spending, the brakes need to be put on spending. We need to cut our cloth according to our measure. A country that ends up insolvent and unable to provide the valuable and much needed supports to those who need it most would be in a much worse position. That is what could happen if we did not take this action. Standing still was not an option and it is foolhardy to think that adjustments could be made without adjusting social welfare payments given that they contribute to one third of all day-to-day spending. There are aspects of the social welfare budget that were not touched such as the State pension and the medical card guidelines. When carers’ representatives met the Minister, they asked her not to abolish the half-rate carer’s allowance and she acceded. There was increased funding for home care packages, which are very important to people who want to live independently at home with some level of support. There was mention of the prescription charges. I agree wholeheartedly with imposing a prescription charge. I have met and spoken to people who regularly go to the pharmacist to collect tablets. They are prescribed those tablets even though they do not necessarily need them; they may have a press full of them at home, but because they are entitled to them they go in and get them. I absolutely agree with the introduction of this charge. None of us on this side of the House set out to hurt anyone or cause undue hardship. These measures had to be taken. I commend the Minister on her efforts in tackling fraud. She has done well in this area and her efforts will continue to bear fruit. I would prefer if it were not necessary to touch social welfare; unfortunately, that is not the position we are in. The Minister was sympathetic. She listened carefully to all the groups she met and made decisions based on 471 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Margaret Conlon.] the contributions she heard. As I said, everybody is feeling some pain, but it is short-term pain for long-term gain.

Deputy Joanna Tuffy: I wish to share time with Deputy Aengus Ó Snodaigh.

Acting Chairman (Deputy Brian O’Shea): Is that agreed? Agreed.

Deputy Joanna Tuffy: I wish to talk about the influence of the Irish Business and Employers’ Confederation, IBEC, and the Small Firms Association, SFA. Both of these groups, as well as other business lobby groups, appear to have had a considerable influence on the budget. The reason I am singling them out is that they were prominent in the pre-budget debate and they hold a particular ideology about how the Government should approach the budget that has essentially won the argument and now holds sway in the media and elsewhere. The cuts in public sector pay and social welfare sought by IBEC and the SFA in the budget were delivered. The SFA, in its pre-budget submission, stated:

A tough budget is vital to restoring confidence... We are simply no longer capable of generating the tax revenues necessary to maintain the scale of the public sector that we now have, or the generous social welfare rates that are prevalent... We are advocating that the \4bn cuts are shared three ways; namely one-third from a reduction in the unit cost of the provision of public services (through decreases in real public sector pay and radically altering the public sector pension provision, rather than simply cutting numbers and services), one- third through a reduction in the social welfare bill, and one-third through efficiency gains across the broader current public expenditure heads. The McCarthy report should serve as the basis for these cuts.

Similarly, IBEC recommended in its pre-budget submission that the \4 billion saving in current expenditure should comprise \1.4 billion in public sector pay cuts; a \1.3 billion cut in the cost of social welfare; and a reduction of \1.3 billion in the delivery of services. I noticed the prominence of these two organisations in the pre-budget debate and I do not recall this being the case previously. I am old enough to remember the last recession and I do not remember business lobby groups telling the Government how to deal with public sector pay and social welfare. There used to be a much more prominent voice in defence of social welfare entitlements. I am aware that a coalition of groups have come together to form The Poor Can’t Pay, but we used to have a very strong body, the Combat Poverty Agency, whose voice the Govern- ment has taken away. What is the motivation of IBEC and the SFA? Why do they not concentrate on their own side of things or on suggesting practical things that can be done to help the businesses they represent? They have done this to a certain extent, but their emphasis was really on public sector pay and social welfare cuts. When the Government was in negotiations with the trade unions, I received e-mails from people advocating that the Government should not accept the deal involving unpaid leave and should pull out of the talks. Many of those people were associated in some way with IBEC. I do not know whether IBEC and the SFA are driving this ideology or are merely buying into it, but the important point is that they are mistaken. The changes they called for in the budget did no favours to the people they represent — that is, the business community. The net effect is that a large portion of the customer base of the businesses they represent have been left worse off. People on social welfare and those on low and medium incomes in the public sector have less money because of the budget. 472 Social Welfare Cuts: 15 December 2009. Motion

IBEC has been complaining about cross-Border shopping. It recently issued a statement entitled “November cross-border shopping to cost 1700 jobs”. What does it expect people to do when their incomes have been reduced and they are struggling to make ends meet? The SFA issued a “Christmas Spend” press release urging all sections of Irish society to make a special effort to buy Irish this Christmas. It states:

Consumer spending over the Christmas season will reach \1.6bn, down from \4.46bn in 2008 . . . it is essential that Irish business should seek as much as possible of this money to be spent on Irish produced goods . . . If everyone spent just \10 extra on Irish products the result would be an extra spend of over \20 million on Irish made products during Christmas.

If the SFA wanted Irish people to spend more in Irish businesses, why did it not ask for the reinstatement of the Christmas bonus for social welfare recipients? That would have cost around \200 million, if I have my facts right——

Deputy Mary Hanafin: It would cost \230 million.

Deputy Joanna Tuffy: ——but much of this would have been put back into the economy by being spent in shops at Christmas. There is much credible thought, going back to the 1930s and 1940s, to the effect that the people who spend are those on lower and middle incomes, and if we want to stimulate the economy we must give social welfare recipients more, not less. It is one thing for the Government to be mistaken — it is the continuation of an ideology that has been implemented over the past 12 years — but I do not know what the SFA and IBEC were thinking when they sought cuts in social welfare. They have left people with less money to spend, and the very people who would have bought things in their members’ shops at Christmas will now need to cut back further. People on social welfare or in receipt of public sector pay, who would have spent money in the new year by getting work done about the house or buying things they need, will now think again because of their reduced incomes. The Fine Gael motion concentrates on particular sectors, but it is a much bigger issue than that. The cuts in social welfare will mean more people in poverty, while some people in the public sector may end up needing social welfare top-ups through the family income supplement because their pay has been reduced. According to Irish research, the people at greatest risk of consistent poverty are those who are unemployed. The Government has taken money away from those people, yet the rich have been unscathed. Unless one is a public sector worker, one’s situation is not much different after the budget. The carbon taxes and so on will not affect the very rich, but they will affect people who have had their social welfare or public sector income cut. This was a time at which the Government could have tried to do more for people in poverty. There are many people who are poor but do not claim the benefits they are entitled to. The number of people claiming family income supplement has gone down, and one of the reasons given for this by the research team in the Oireachtas Library is that people who were low-paid have lost their jobs. The Government should have looked at many issues in this budget such as helping people who have mortgage payments, who would normally require assistance, to become eligible for family income supplement. Given that their incomes are so low, they should be qualifying for family income supplement. This was an opportunity to move away from the ideology of the past 12 years, the philosophy of the Progressive Democrats, to the effect that inequality is a good thing in society, an idea which IBEC and the Small Firms Association have bought into. Instead we could have begun to change things. We should be trying to bring about more income equality. We should have kept social welfare payments where they were at least and done more 473 Social Welfare Cuts: 15 December 2009. Motion

[Deputy Joanna Tuffy.] about redistributing the incomes of the highly paid. Such people have done really well out of the Celtic tiger and have not paid their fair share of tax. That is the way we should have gone, rather than down the road the Government has brought us, where it is basically being cheer-led by organisations such as the Small Firms Association and IBEC.

Deputy Aengus Ó Snodaigh: Gabháilim mo bhuíochas do Pháirtí an Lucht Oibre as deis a thabhairt dom labhairt ar an rúnrí-thábhactach seo ag déileáil le na laghduithe ar thaobh leasa shóisialaigh. Ar dtúsbáire ba mhaith liom déileáil le iarracht a dhein mise leasú adhéanamh ar leasú an Rialtais. Fuair mé litir ón Oifig an Cheann Comhairle ag rá nach bfhuil sé ag glacadh faoi na rialacha de thoisc, mar a deireann sé:

. . . on the grounds that it is an alternative amendment and is the equivalent to a direct negative. The purpose of the amendment can be achieved by opposing the Government Amendment when the Question is put.

Ins an leasú abhí mé ag cur chun tosaigh, ghlac mé leis go raibh dul chun cinn déanta ó thaobh cúrsaí leasa shóisialaigh. An rud a dúirt mé ins an leasú ná:

— recognises the overdue improvements made in recent years.

I went further in the amendment to repeat essentially what was in the Fine Gael motion. That is probably why I overstepped the rule, which is slightly at odds, however, with practice over the years. The end of my proposed amendment stated:

— notes that after budget 2010 the weekly rate of payment for the disability allowance and the carer’s allowance will be 6.1% less when the withdrawal of the Christmas bonus is taken into account. . .

This needs to be borne in mind as well because it is not just about the cut announced last week. I believe, as the Deputies on this side of the House have said, that the cut in social welfare should be reversed. There was an alternative, and we have put forward ways of funding social welfare payments. This is one of the key issues in all of this debate and if it is not addressed, we will be back in the House discussing it again next year. Given the record of the Government, it will be coming back with further cuts. However, I am not sure that Fine Gael, if it was in power, would not be coming back with social welfare cuts also. We need to be careful in that regard too. The reason I say we will return to this next year is that it is inevitable in the absence of a stimulus package that has some type of logical approach to the creation of employment. The creation of employment will give rise to taxation and funding for the Exchequer to deal with those unfortunate enough to have to depend on social welfare. Some of last week’s cuts will lead to further unemployment and, in fact, some of the cuts relating to this motion will also lead to that inevitability. I do not believe social welfare payments needed to be touched. The Government could have taken many alternate measures to make certain the money flowed and ensure that we had the ability to reduce the deficit without hurting the most vulnerable, those dependent on social welfare and those living in poverty in many cases. A third tax rate could have been introduced and the PRSI ceiling could have been abolished. The tax breaks, which have been abused for many years by high earners, could have been 474 Social Welfare Cuts: 15 December 2009. Motion abolished. A new wealth tax could have been introduced and the Government could have stopped public money being pumped into private health care. Those options are not new. They were included in our pre-budget submission this year, as some of them were in previous years. It is not as if the Government did not have time and effort at its disposal and that these proposals were sprung on it at the last moment. It had well over a year in which to consider such options and it did not do so. Instead, it took a decision not to introduce the initiatives Sinn Féin proposed. Other parties and organisations outside the House came up with further suggestions. The fact that the Government refused to adopt them meant that it took a conscious decision to attack social welfare recipients in particular. It paid no heed to the fact that many of those dependent on social welfare were waiting months even to get their entitlements. That is also a living disgrace. The option taken by the Government is self-defeating because it will have an impact in terms deflating locally economies, because, effectively, it is taking the money out of people’s pockets. The people in question do not hoard money, but rather spend it immediately. If they had more, they would spend more, because most of them are in debt. They spend it in the local economy on the services they purchase and the goods they need. The goods in question are food and heating in the main, as well as clothes for their backs. They do not save, unlike the well off, who were encouraged through SSIAs and the likes, as well as private pension schemes where the State has forgone enormous amounts of taxation by encouraging the rich to take out private pensions. This budget will, in fact, cause poverty and impact on local shops and services, hitting the real economy. I believe this cut and many like it will lead to further unemployment. As I said, the Government should have invested in a stimulus package, and I do not believe it has done enough in this regard. Social welfare and the pay of low to middle earners should have remained untouched and this budget will, I believe, perpetuate the recession cycle. The problem is the economy, not the deficit. It has treated the deficit but has not dealt with the problems in the economy, which is a crucial consideration and what we should be addressing. The Minister for Finance, Deputy Brian Lenihan, at the start of the budget last week, told the country that the worst was over. I do not believe this for a minute and neither do the carers. Unless these cuts are reversed within the next year, family carers across the country will be hammered. They are outraged and bitterly disappointed at the Government’s introduction of a 4.1% blanket cut on all social welfare payments. This equates, I believe, to \8.80 per week or \470 per annum for carers in receipt of the carer’s allowance. We should bear in mind that these are the only social welfare recipients who have to work for their payment. They are providing full-time care in the home for the elderly, sick and disabled. Carers had already suffered a 2% decrease in welfare payments due to the abolition of the Christmas bonus this year. The Minister, Deputy Martin Cullen, the former Minister for Social and Family Affairs, stated when he introduced the half-rate carer’s allowance that the Government was committed to supporting carers and facilitating older people and those with disabilities to remain in their own homes as long as possible. He said that carers played a very valuable and much valued role in our society. After last week, I do not believe there is any recognition on the Government benches of the valuable and much valued role they play, because family carers already save the State more than \2.5 billion and provide more than 3.7 million hours of care in the home every year.

Debate adjourned.

475 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Financial Emergency Measures in the Public Interest (No. 2) Bill 2009: Second Stage (Resumed).

The following motion was moved earlier today by the Minister for Finance: “That the Bill be now read a Second Time.”

Debate resumed on amendment No. 1: To delete all words after “That” and substitute the following: “Dáil Éireann declines to give a second reading to the Financial Emergency Measures in the Public Interest (No. 2) Bill 2009 having regard to the decision of the Government to collapse talks with the public service unions that could have delivered major public service reforms and the savings required in the public sector wage bill and the unfair nature of the wage cuts provided for in the Bill, particularly for low paid workers.”. —(Deputy Eamon Gilmore). Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): It is important to deal in facts when speaking about important issues. No Govern- ment or employer takes lightly the need to reduce the wages and salaries of its employees. However, in the context of where we are and with the budget deficit we were faced with, it was critically important, first and foremost, to stabilise the public finances. It has been suggested that this budget was aimed at bond markets and that it was an economists’ budget to satisfy those people who lend us money. The harsh reality, however, is that Ireland’s international reputation is of critical importance to the country on several fronts. First, we are borrowing huge sums of money and if our international reputation is damaged——

Acting Chairman: I am sorry to interrupt the Minister of State, but is he sharing his time?

Deputy Billy Kelleher: No. That is being addressed.

Deputy Brian Hayes: The Minister of State is quite capable of doing it himself.

Deputy Billy Kelleher: I would not mind sharing my time. It was not that I harshly wanted 20 minutes to myself, but the Minister of State, Deputy Martin Mansergh, will contribute at a later stage. Our international reputation is of critical importance because we are borrowing large sums of money. It would be very expensive for bond markets and lenders to get the insurance to lend money to a country with a damaged reputation. It would place an onerous task on taxpayers to try to fund long-term lending in that context. More importantly, Ireland’s reputation must be protected at all costs. First and foremost, we attract a great deal of foreign direct investment. Some 136,000 people are directly employed by companies that are located here as a result of foreign investment. It is critically important for Ireland Inc. as a location to attract such investment. If we did not take the necessary measures to correct a spiralling budget deficit we would be failing in our duty to portray Ireland abroad as a positive place in which to invest. In discussing foreign direct investment, we are speaking about real, high-end and high quality jobs throughout the length and breadth of this country. Any Deputy would support the Government in the context of trying to protect the country’s international reputation. This budget has sent out clear signals. It is a difficult budget and many people’s living standards will suffer because of it. Members on the Government benches do not take that decision lightly, but from necessity. We must also address our competitiveness. Why do we have a budget deficit of more than \20 billion? 476 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Kieran O’Donnell: We know.

Deputy Billy Kelleher: We all know the reasons.

Deputy Kieran O’Donnell: The Minister of State should enlighten us.

Deputy Billy Kelleher: If Opposition Members take a simplistic view that all the mistakes were made by internal decisions, they would not be able to address the problem.

Deputy Kieran O’Donnell: No one ever said that.

Acting Chairman: The Minister of State without interruption.

Deputy Billy Kelleher: The simplistic view is that all this was due to internal decisions.

Deputy Kieran O’Donnell: No one ever said that.

Deputy Billy Kelleher: When I hear commentaries inside or outside this House, by and large, that simplistic view is put across.

Deputy Kieran O’Donnell: Is the Minister of State saying that it is all due to external measures?

Deputy Billy Kelleher: I am quite happy that Deputies can correct the record at any time when they stand up to deliberate here this evening. We lost competitiveness during the sustained period of an economic boom. That is an accepted fact. We paid ourselves increased wages, which undermined our competitiveness vis- a`-vis our European counterparts and further afield. There was a property bubble, but I did not see anyone on either side of the House ever say that the construction industry would bring this country to its knees.

Deputy Pat Breen: Deputy Richard Bruton said it.

Deputy Kieran O’Donnell: Deputy Richard Bruton said it consistently.

Deputy Billy Kelleher: Everybody was quite happy to see employment opportunities for young people leaving school. Many others came from abroad to work here. Everybody on all sides of the House welcomed that. In fact, many of the budgetary proposals being put forward by the Government at the time to try to deflate the property bubble were opposed.

Deputy Kieran O’Donnell: The Minister of State should highlight them.

Deputy Billy Kelleher: I can cite stamp duty as a very simple one. The Opposition said it should be abolished, which would have inflated the housing market even further.

Deputy Kieran O’Donnell: That was for first-time buyers.

Deputy Billy Kelleher: I will make my contribution and then I will listen intently to other speakers. On competitiveness, we must readjust how we pay ourselves. If we do not, we will lose more jobs and it will further erode our competitiveness. In recent times, labour unit costs in Ireland went down by about 4% and rose in other European countries by between 2.5% and 3%. That in itself has made us more competitive, but there is a great deal more to do. The simplistic view being put forward that we can tax our way out of this difficulty, had been shown historically to 477 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Billy Kelleher.] be a failed policy. If we continue to burden the private sector in a difficult time — when there is huge vulnerability along with job losses steadily increasingly, up until quite recently — we will further exacerbate the problem. We must try to stabilise the public finances and do nothing that would make our private sector less competitive. At the end of the day, most job creation opportunities will arise from the small and medium-sized business sector, and will then move on to export companies. Over many years, Enterprise Ireland and IDA Ireland have been very successful in bringing foreign direct investment to Ireland and in promoting Irish companies abroad through Enterprise Ireland’s trade and technology board. We are acknowledged worldwide as being one of the most innovative people on the planet. In addition, we are willing to deal with difficult decisions when they arise. Looking back at the history of what has been done, particularly since 1987, hugely important Government decisions built a sound financial footing for the economy to evolve and become innovative with a highly motivated and flexible workforce. That has benefited us no end. Equally, our investment in education is acknowledged around the world. We have the best and brightest coming out of our colleges at the moment. However, if we put our heads in the sand and do nothing to rein in the public finance deficit, we will deny many of our finest people the right to work here and develop this country. It is also important to get a stimulus package into the economy. It has been said that there is no such package, but Deputies opposite should examine the budget’s stimulus package of well over 5% this year. There is a commitment that there will be such stimulus packages right through to 2014 and beyond. That gives us the confidence to know that school building programmes will be continued, as will the motorway programme. In addition, there will be investment in water and sewerage schemes, as well as research and development, including broadband and other key areas outlined in the Smart Economy document published last year. That document was ridiculed then, but it is now accepted here and abroad as a positive blue- print for investment in research and development, science and technology and the idea of the innovation island. That is critically important in attracting overseas companies to locate here. Likewise, when we promote Ireland abroad we can say we have a strategy for continued investment in key areas to create competitive opportunities and a dynamic to ensure that we can increase the labour market in the years ahead. Obviously there are major pressures on families at present. No Government or employer takes lightly a decision to reduce wages or salaries, but it is very necessary. If we did not do it today, somebody could quite possibly do it for us in the very near future. That is not an idle threat. Some people may say that could never happen, but it has happened in many countries over the years. The IMF has arrived in some countries heretofore and is currently trying to address budgetary problems faced by some European states. The greatest signal we could send from this Chamber is that we are resolutely determined to deal with the difficulties in as fair and compassionate a manner as possible. It is very difficult, however. I have yet to hear from the Opposition benches a method whereby one can reduce public sector pay by more than \1.3 billion, which is being advocated by Fine Gael and which has also been acknowledged lately by the Labour Party benches. Yet when it comes to the specifics, they will continually oppose them. Nobody wants to take \1 billion out of any social welfare Vote, but it is fundamentally necessary because that is a huge annual cost to the Exchequer. We had to address that also, but when it comes to the specifics the Opposition will oppose every measure. Some of the Fine Gael proposals state that even more should be taken out of various areas and the New Era document will provide the stimulus to address all our difficulties. There are many flaws in it. However, this measure is part of an overall strategy and it is simplistic to look at it in isolation. We have reduced substantially in recent times the costs of running the State and more than \8 478 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009 billion has been taken out of the economy since the slowdown. The pension levy was introduced and it in itself was a heavy burden on the public sector and Civil Service. We now have to make the decision to rein in public pay. It has been suggested that we could tax our way out of the difficulty. The Labour Party, in particular, seems to believe there is a pot of gold elsewhere. One thing I know is that if we send out a message that we are not capable of addressing the budget deficit and that we will tax our way out of it, investment into the country will dry up in a very short time. Other people are campaigning for their countries to be seen as hot spots for foreign direct investment. The Singapores of this world are competing with Ireland on a continual basis. Now, with increased competitiveness and an adjustment in how we deliver services to people, we have a golden opportunity to send out a message that Ireland is very much open for business. The view has been put forward, particularly by the Labour Party, that our international reputation is in turmoil. Anywhere I go internationally as Minister of State with responsibility for trade and commerce, it is acknowledged that our financial services centre is one of the finest financial services centres in the world and that the regulation of the sector is up to scratch. There have been difficulties with our internal banking system, but that should not be confused with the financial services centre. We have 26,000 people working in the financial services centre, which is of huge importance to our economy. Therefore, it is wrong for people to come in here and throw out an opinion that our international reputation is shattered. It is far from shattered, but it is certainly undermined when people cast aspersions in the Chamber without having the facts. That does a disservice to the people in the sector. These are difficult times, but for people to try to portray those on this side of the House as people who do not understand what the public is going through is disingenuous and wrong. Fianna Fáil, in its many years in Government, has funded and expanded the number of employees in the public sector and expanded the services it provides for the people. We have been very proud of what we have achieved. It is with a very heavy heart, as the Minister for Finance said, that we must now make these decisions. We do not take these decisions lightly, but they are necessary. I hope that over the next number of months we will replace despair with hope and see opportunities creeping back into the economy. Hopefully, by the time we are discussing the budget next year, we will have reached our targets, will have growth in the economy and will have provided hope and opportunity for the people.

Deputy Kieran O’Donnell: I wish to share my time with Deputies Tom Hayes and Pat Breen.

Acting Chairman (Deputy Michael P. Kitt): Is that agreed? Agreed.

Deputy Kieran O’Donnell: The Financial Emergency Measures in the Public Interest (No. 2) Bill is the topic of debate tonight. The key issue for any government is what choice to make. All parties, including Fine Gael, were in agreement that we needed savings in the area of public sector pay. The choice facing us was how this could be achieved in the fairest possible manner. The Government has tackled the issue crudely and now, regardless of the income of public sector workers, the income cut will apply from the first euro. This is unfair. Fine Gael believes the first \30,000 of income of public servants should be exempt from the cut so that anyone on less than \30,000 would not suffer a pay cut. Anyone earning more than \30,000 would suffer a 5% cut on what they earn over the \30,000 threshold, with the percentage cut increasing as the earnings level increased. This would mean the lower paid would suffer a lesser burden. Many public servants on less than \30,000 a year are young people who obtained mortgages from banking institutions and building societies. These people were seen as having gilt-edged security and were regarded as people whose repayments would be guaranteed. 479 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Kieran O’Donnell.] However, they have suffered a reduction in income of between 10% and 15% in the past two years. What we require of the measures to be applied is to be fair. Fine Gael agreed there should be \1.2 billion of a saving, but it would have applied direct pay cuts of only \567 million and would have exempted all income below \30,000. Fine Gael would have sought savings from efficiencies in local payrolls. The budget fudges the hard decisions. It is a divisive budget that has pitted the public sector against the private sector. This is the wrong approach. Fine Gael realises from its dealings with people on the ground that both sectors are under extreme pressure, but that all realise the critical state of the economy. Deputy Kelleher said the crisis was not all internal. No-one denies that. However, the ESRI has informed us that up to half of the Government deficit has been driven by unemployment. Almost 25% of our GDP was related to the construction sector, but a sustainable percentage should be in the order of 6% or 7%. The Government allowed this happen unchecked. The Governor of the Central Bank appeared before an Oireachtas committee today. With regard to the banking sector, he stated much of the crisis was due to a lack of proper regulation. The fault for this lies with the Central Bank and the Government of the day. We needed an economy that could withstand external shocks, but our problem was that because we suffered internal shocks also we could not withstand them. The Government fudged the hard decisions in terms of making proper efficiencies within the public sector, dealing with quangos and finding savings in these areas. The Fine Gael policy document tackled those areas. The Government went for the soft target. It decided to hit public servants, hitting particularly hard the lower paid workers in the sector. It hit carers, widows, the disabled and vulnerable groups such as the blind. There is no method in that. Deputy Kelleher referred to the capital programme. The Government cut \1 billion from the capital programme this year and will do the same next year. This is not a courageous budget. It is a budget that aims to balance the books just for the short term, but it is doing that in a divisive way. The issue of competitiveness should have been tackled. Our exports were growing until 2003, but that year they decreased. At the same time, the residential market went out of control. We are a small open economy, but we became extremely uncompetitive during the Celtic tiger period. Much of the decline in competitiveness happened in areas over which the Government had control. However, the only measure introduced in the budget to deal with this is an exemption from employers’ PRSI for new employees taken on in SMEs. One of the main concerns currently is existing employees. What does the Government propose to do for people who are hanging on by their fingernails in terms of keeping small businesses running and keeping people in jobs? The SME sector cannot access credit. I heard of a case today where the banks closed the business account of an individual because he missed one repayment on a loan. We need to support people in the SME sector because that sector can help turn around the economy. However, it is not getting support. Fine Gael proposed a proactive measure to deal with this issue, namely, to cut by half the lower rate of employers’ PRSI, from 8.5% to 4.25%, and to cut by 2% the upper rate, from 10.75% to 8.75%. That would benefit enormously employers who are trying to survive. It would cut the cost for the employer while maintaining the minimum wage for the hard-pressed employee. Deputy Pat Breen organised a meeting with Aer Lingus today on the travel tax. The Minister of State, Deputy Mansergh, is a representative of the region affected by it. The travel tax brought in a relatively small amount of revenue and decimated the tourism sector. Fine Gael believes it should be abolished to allow an air-travel stimulus in the affected region. 480 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

The Government reversed the VAT increase, decreasing the rate to 21%. This is to be welcomed. We felt the lower rate of VAT should have been cut from 13.5% to 10% until the end of 2010. This would have provided a major fiscal stimulus in labour-intensive areas. Although the Government produced a budget, it does not restore competitiveness or fuel a capital programme. It is divisive. The role of the Government is to lead all people in the same direction, not to exploit people’s fears. There is not a huge difference between the public and private sectors. Employees in both sectors are under major pressure with regard to children in school. The Government cut child benefit by \16. It is the only universal payment to the child. The cut affects both public and private sectors. It hit those in the public sector, particularly the lower paid, in a very draconian, harsh and cruel way. Next January, when the wage cuts are implemented, parents who will have bought presents for their children and who will have tried to have a good Christmas will find their pay reduced by 5% and upwards. This will be in addition to cuts to benefits for carers, widows, the disabled and the blind. The cuts will affect people’s ability to repay their mortgages. Fine Gael favoured a more progressive measure, namely, to exempt from the cuts the first \30,000 earned by any public servant. I hope the Minister will take on board our suggestions on Committee Stage. The proposed exemption would give some leeway to the lower paid and to everyone working in the public sector. The measure proposed is fair and balanced and deals with the need to make savings in public sector pay; yet, in its place is a crude device that will set up a winter of discontent and put people under enormous financial pressure. There is nothing in the budget to provide a proper job stimulus package. I ask the Minister to take on board our reasonable suggestions on Committee Stage tomorrow. They are fair and deal with the financial circumstances of the State while recognising the difficulties being experienced by, and the pressure on, public servants.

Deputy Pat Breen: I welcome the opportunity to speak. Public sector employees and welfare recipients have become the latest victims of the Government’s blame game. There is a saying that a good leader takes a little more than his share of the blame and a little less than his share of the credit. The kernel of the problem in this country is that we do not have leadership. The Government is bereft of ideas and has no plan. It has no idea how to get us out of the economic crisis and that is why, in recent weeks, spin doctors were diverting attention from the Govern- ment to the public service workers and social welfare recipients. They were easy targets. Before the budget last week, at the 11th hour, the talks between the public service unions and the Government broke down. We must ask why they broke down. There are rumours of a frosty relationship between the Taoiseach and the Minister for Finance. Why did the Govern- ment walk away from the offer of the unions? Media reports last weekend suggested there was to be a radical overhaul of the public service. The union members were willing to make a sacrifice and that is the most important point. They were willing to sign up to cuts that would effect a reduction in the public sector wage bill of \1 billion euro. There is no doubt that the issue of unpaid leave ended the talks and pay cuts are now being imposed universally across the public sector. Unfortunately, there is still no commitment to reform. I understand the unions were seeking redeployment of staff across the public sector; the centralisation of functions concerning payroll and human resources; the introduction of an extended working day in the health service covering the period 8 a.m. to 8 p.m.; and the provision of community-based health and social care services at night and at weekends. All these changes had been agreed to. The moratorium on employment and the failure to invest in the public service has already affected services. In my area, with which Deputy O’Donnell will be familiar, the HSE’s idea to 481 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Pat Breen.] centralise the emergency and acute surgical services of the hospitals in Ennis and Nenagh is having a huge effect on the accident and emergency services in Limerick Regional Hospital. The nurses at the hospital have balloted on industrial action on foot of the failure of the HSE and the Minister for Health and Children to live up to their commitments and invest in the centralisation of the services. The diversity of operations in the public service is complex and a uniform approach will never work. I have spoken to many public servants in my constituency recently. They are extremely angry that the first \30,000 of their salaries is to be cut by 5%. One girl to whom I spoke, who is earning approximately \30,000, said she has borne her fair share of the burden by paying the pension and income levies. She felt she had accepted these cuts in the national interest and said that, although she did not create the problem, she was paying a very high price. The reality is that public sector workers experience their share of problems. Many bought houses at inflated prices. There is a perception that many in the public service are very well off but this is not the case, as we know. Ultimately they are in a similar position to many of their counterparts in the private sector. Where are we going from here? There is no way at this stage the Government will be able to negotiate a radical package to reform the public sector. The curtailment of services and the reduction of budgets, be it in respect of health or education, are putting severe pressure on the various sectors and they are unable to cope. Staff morale is at an all-time low 9o’clock and we are facing a long period of uncertainty. Strikes are on the cards. Nobody wants to go down this road but it is not easy to see an alternative. The Govern- ment is only interested in the blame game. As Deputy O’Donnell said, we hope that, on Com- mittee Stage, the Government will listen to the Opposition and put reform on the cards again to get the country back on its feet.

Deputy Tom Hayes: No one doubts that this was a difficult budget to put together as we are living in extremely difficult economic times. I have no doubt the Government intended doing the best it could but the way it went about it poses many questions. Workers in the public service are concerned, demoralised and unhappy with their treatment and the large amount of criticism meted out to them. It is very important to have a good public service, as every country needs one, but there is very little hope among public service workers. Yesterday, the Minister of State, Deputy Mansergh, and I visited South Tipperary County Council offices. One could see the worries on the officials as they tried to do their work. Later when I visited a patient at South Tipperary General Hospital, I met hospital staff concerned, first, about the hospital and, second, about their mortgage repayments. Nurses, teachers and other public sector workers calculated their mortgage repayments on the basis that their salaries would rise incrementally and not be cut back. Many of them are now under financial pressure. Public servants are also the butt of much criticism unfairly meted out to them. Many of them are committed, dedicated and loyal to the public service. They chose to work in it and give a service to their communities and people. The Government has under estimated the scale of the problem it will have in dealing with the demoralisation of the public service. No one would want to work in a position in which they are not valued. The Government must, therefore, send out a clear signal that it wants a good and efficient public service. Public servants’ efforts must be recognised and they should be given hope for the future. The very fact the Government’s cuts went below the knee and hit the lowest paid in the public service is wrong, unjust and unfair. There were other ways these savings could have been achieved instead of hitting those who earn less than \30,000. This was a total miscalculation on the Government’s part. 482 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Minister of State at the Department of Foreign Affairs (Deputy Dick Roche): I do not disagree with the sentiments expressed by Deputy Tom Hayes about the quality of our public service. However, I disagree with him on some other parts of his analysis. I have spent all of my adult life either working in public administration, lecturing on it or dealing with civil servants. There are high standards in our public service. That is why most of the recent debate has been quite hateful in its orientation and in the attempts to create a divide between the public and private sector. The economic reality, however, is very different. The Exchequer deficit to November was just over \22 billion when last year it was under \7.9 billion. The tax take of \30.8 billion was almost \1.36 billion under target. Income tax receipts were \575 million behind budget expectations. We are borrowing at an unsustainable rate to fund current services. A high proportion of the funding from borrowing is public sector pay. At the end of December 2007 our national debt stood at \38 billion; this year it will be twice that. The cost of servicing our debt rose from \1.6 billion last November to \2.7 billion for the first 11 months of 2009. Every extra \1 billion spent servicing the debt is the equivalent of 21,000 teachers’ salaries or a 6% cut in social welfare. We must make the right decisions now. All the major political parties agree with the Government that the size of the adjustment to be achieved must be between \4 billion and \4.3 billion. However, all differ sharply on how it can be achieved. Fine Gael wants headline salary cuts in the public service, a move I acknowledge as being courageous for an Opposition party.

Deputy Kieran O’Donnell: There was a difference. We would have exempted the first \30,000 earned.

Deputy Dick Roche: Labour, however, opposes such a move with its solution of raising \2.3 billion in additional taxes. That, as all members know, is not sustainable. Fine Gael claims one cannot tax one’s way out of recession, a point with which few would disagree. Clearly, the two Opposition parties are poles apart on strategy, however. The Labour Party’s position is quite extraordinary. Its public representatives are intelligent and dedicated, as most of us are in this House, and they want the best for us. However, the party’s spokesperson’s contribution to this debate is perhaps best summarised by a recent piece in the Sunday Independent:

It is quite amazing that [Deputy] Joan Burton is still living in a world where party politics takes precedence over the national interest. So what we have here is the opposite of the Tallaght Strategy, a situation whereby the opposition is actively working against the Govern- ment’s efforts to save Ireland.

That judgment is harsh but not inaccurate. What is novel in the current circumstances is that there are clear divides in Fine Gael. I admire the fortitude and courage brought to this issue by Deputy Bruton. More than any other Member in this House, I pored over the Fine Gael policy document released the Friday before the budget. While a courageous document, it demonstrates the internal divisions in Fine Gael on strategy. It proposes, for example, PRSI hikes that are savage, will kill jobs and slash take home pay. Deputy Richard Bruton, to his credit, accepts there must be a cut in public expenditure of a net \4 billion now. Deputy Lee, the economic guru who gets so much media time and space, disagrees, however. I concur with the former Fine Gael leader, Alan Dukes’s comments that Deputy Lee’s contribution at this year’s MacGill Summer School was far wide of reality. 483 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Dick Roche.] Specifically, Deputy Lee rejected the view that the national deficit should be brought to within 3% of GDP by 2013 when Deputy Bruton had already called for the deficit to be addressed by 2012. The Fine Gael pre-budget document itself has some examples of voodoo economics. The Fine Gael proposal to abolish PRSI relief on employee pension contributions will force \185 million in additional costs on businesses. The proposal to abolish the ceiling on employees’ PRSI will raise \120 million is in effect a substantial hike in taxes for workers who have already been hit with increases in taxes. Another proposal is to remove the employee weekly PRSI allowance which will reduce take home pay of all workers, by \350 million. It takes courage in politics to lay down the unpalatable. The proposals on carbon credits are simply wild. This effectively means one would claw back the value of carbon credits in the energy sector. These proposals would shove up electricity costs for business and households. There is no doubt in my mind the proposition would be the subject of legal challenge because when Minister for the Environment, Heritage and Local Government, I introduced the arrangements. If that legal challenge were to be lost the Deputy would be \200 million short in his calculations.

Deputy Kieran O’Donnell: That is the windfall tax.

Deputy Dick Roche: Yes, that is what the Deputy is calling a windfall tax. If the Deputy thinks about the Kyoto agreement——

Deputy Kieran O’Donnell: It is already being charged to the consumer.

Deputy Dick Roche: No, that is not quite the point. However, I will not get into dialogue on it with the Deputy. I simply make the point that it is another problem in his calculation. The Deputy has figured into his calculation a cost of \20 per tonne. The tonnage price has varied dramatically since 2006, when it was \22. It then reduced to \7 per tonne in 2007. Today carbon costs approximately \10 per tonne not the \20 per tonne factored into the calculations. Tax the rich is another popular view. It is always a good one for a headline. To be fair, it is not the policy being argued by Fine Gael but by the Left. We have a problem in this country in that we have an extremely narrow tax base, in particular in the area of personal taxation. Changes in taxation over the years have been highly progressive. Currently 4% of earners pay 48% of all income tax in this country. Almost 50% of earners pay no income tax and the top marginal rate is now approximately 52%. Those politicians who argue inside and outside this House that somehow or other there is a treasure trove out there to be plucked are not being truthful with themselves, their constituents or the country. The question that must be asked of those who suggest that raising taxes is the way forward is — how sustainable is that proposition? If we cannot raise taxes and cannot increase borrowing we have only two options, namely, cut services or cut the cost of supplying those services. Nobody in this House wants to cut public services any further. This is where the Bill before us comes in. The highest single element in the cost of public administration is payroll costs, which we all accept. There are only two ways to address payroll costs, namely, let people go or reduce the rate at which staff are paid. That is where we are at the moment. I have never heard a politician argue in this House that we should seek redundancies, in particular involuntary redundancies, in public administration. This is not the time to do so. It is not the proposition that is made. I note that in the Fine Gael document there is a suggestion that 10,000 jobs in the public sector be shed. 484 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Kieran O’Donnell: That is 7,000 jobs by normal attrition and 3,000 voluntarily.

Deputy Dick Roche: Yes, I accept that. I am certainly not suggesting for one moment that Fine Gael is suggesting anything other than that.

Deputy Paul Connaughton: Several economists agree with the proposal.

Deputy Dick Roche: None of us in this House wants to cut public service numbers. That is not the way forward, leaving us with only one option, namely, to start operating on pay rates. The biggest single element in the cost of public services is payroll costs. It is deeply regrettable that we face such harsh realities. Sadly, that is where we are.

Deputy Kieran O’Donnell: Is it fair?

Deputy Dick Roche: I have listened with dismay to the polarisation of the debate in the past few weeks. That polarisation is something I utterly deplore. It is counterproductive. We, as a society, must hang together or we will most definitely hang apart. To demonise public adminis- trators or public servants, as has happened in the debate in the recent past is simply counter to the public good.

Deputy Paul Connaughton: The Government certainly did.

Deputy Dick Roche: I agree with the Minister for Finance, Deputy Brian Lenihan, who said in his speech that we have all experienced the excellence and dedication of the public service. I have been in the public service. Half my adult life was spent working in public administration. I started my employment as a post office clerk and worked up the ranks until I became Assist- ant Principal in the Department of Finance. I must say, in all of my years in public administration I came across people who were genuinely patriotic, who had a genuine concern about their country, who work hard and who are not paid princely sums. That needs to be said. Many public servants are deeply offended at the commentary about them and the work they do.

Deputy Paul Connaughton: And the money they are being paid.

Deputy Dick Roche: It is foolhardy for a nation——

Deputy Kieran O’Donnell: The Minister of State should deal with the pay cuts.

Deputy Dick Roche: I will deal with the pay cuts.

Deputy Kieran O’Donnell: Deal with the issue at hand.

Deputy Paul Connaughton: The people will not believe a word from the Minister of State.

Deputy Dick Roche: With respect, I do not need direction from the opposite side.

Acting Chairman: The Minister of State without interruption, please.

Deputy Dick Roche: The Minister has——

Deputy Paul Connaughton: We do not want to listen to waffle from the Minister of State.

Deputy Dick Roche: With respect, what the Deputy should do then is skulk out of the House and wait outside until it is his turn to contribute.

Deputy Paul Connaughton: I am here and I have the same rights as the Minister of State. 485 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Dick Roche: I have listened——

Deputy Paul Connaughton: The Minister of State might believe he has a superior reason for being here.

Deputy Martin Mansergh: Have some respect and listen to the Minister of State.

Deputy Paul Connaughton: The Minister of State is full of it.

Deputy Dick Roche: With respect, I have listened to all that has been said on that side of the House. With respect, the Deputy does not deserve respect.

Deputy Paul Connaughton: The Minister of State will not tell me to leave this House——

Deputy Dick Roche: The Minister has also said that the cost of public——

Deputy Paul Connaughton: ——nor will anybody else on that side of the House.

Deputy Dick Roche: Listen to the waffle.

Deputy Paul Connaughton: I can assure the Minister of State that nobody will put me out of this House.

Acting Chairman: The Minister of State without interruption, please.

Deputy Paul Connaughton: Deputy Roche certainly will not do it.

Deputy Dick Roche: If the Deputy could have a little bit of forbearance and a tiny bit of manners it would allow me to do what his patient colleague has asked me to do.

Deputy Paul Connaughton: The Minister of State thinks he is superior.

Deputy Dick Roche: Perhaps the Deputy’s colleague could silence him.

Deputy Paul Connaughton: He thinks he knows it all.

Deputy Dick Roche: I am sorry Deputy——

Acting Chairman: I ask that there be no further interruptions from any speaker, please.

Deputy Dick Roche: ——the one thing I know more than anything else is that I do not know it all.

Deputy Paul Connaughton: I know that.

Deputy Dick Roche: I know discourtesy and bad manners when I see it.

Acting Chairman: Deputy Connaughton, please allow the Minister of State to continue without interruption.

Deputy Paul Connaughton: It was something for which I was never known.

Deputy Dick Roche: Every time the Deputy walks into this House he exemplifies discourtesy and bad manners.

Deputy Paul Connaughton: I know my place unlike the Minister of State. 486 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Acting Chairman: Deputy Connaughton, please allow the Minister of State to continue without interruption.

Deputy Dick Roche: Shame on you.

Deputy Kieran O’Donnell: On a point of order——

Deputy Paul Connaughton: Shame on the Minister of State.

Deputy Dick Roche: To return to the point raised by Deputy O’Donnell, of course I accept that this is a new position. People at the clerical and sub-clerical grades in particular are on modest salaries. I, too, understand the burden the pay cuts will place on public servants. Of course, I do. Many of my constituents are public servants. Unfortunately, I simply do not see that the cuts in pay levels can be avoided. That is the reality for the very reasons I outlined before the loud Deputy joined us. The review body on higher remuneration in the public service——

Deputy Leo Varadkar: The Deputy is from Galway.

Deputy Dick Roche: We have been joined by another——

Deputy Paul Connaughton: I am Deputy Connaughton by name. Here longer than the Mini- ster of State.

Deputy Kieran O’Donnell: The Minister of State is not dealing with the matter at hand.

Deputy Dick Roche: I would do so if the Deputy’s two friends could be a little patient.

Deputy Paul Connaughton: The Minister of State does not like to be heckled.

Deputy Kieran O’Donnell: The Minister of State is labouring at length.

(Interruptions).

Deputy Dick Roche: The Deputy is correct, I do not like to be heckled. I do not heckle and believe it is discourteous to the House.

Acting Chairman: Allow the Minister of State to continue without interruption, please.

Deputy Kieran O’Donnell: On a point of order——

Deputy Dick Roche: Unfortunately, I simply do not see——

(Interruptions).

Deputy Dick Roche: Unless I am allowed additional time for the minutes I have lost I will not yield the floor to anybody.

Deputy Kieran O’Donnell: On a point of order, the Minister of State is not dealing with the issue at hand.

Deputy Dick Roche: Last Friday——

(Interruptions).

Deputy Dick Roche: Can I take it that I will be allowed the additional minutes? 487 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Acting Chairman: Yes.

Deputy Kieran O’Donnell: The Minister of State is not dealing with the issue at hand. We are discussing public service pay.

Acting Chairman: The Minister of State without interruption, please.

Deputy Martin Mansergh: The Opposition’s heckling is pathetic.

Deputy Dick Roche: Yes, the heckling is pathetic.

Acting Chairman: The Minister of State without interruption, please.

Deputy Dick Roche: Last Friday saw the publication of the report of the review body on higher remuneration in the public service. Last Friday also saw the publication of the report——

Deputy Kieran O’Donnell: What about the low paid?

Deputy Dick Roche: This report deals with the issue of pay.

Deputy Kieran O’Donnell: It deals with the highly paid. What about the low paid civil servants in the Minister of State’s constituency who are earning \30,000 per annum and have large mortgages?

Deputy Dick Roche: An important element in the review was that salary levels in the ranks that are benchmarked against rates for similar posts in other countries are on a comparable scale. If anybody knows anything about public administration they will know about the relativ- ity of all salary scales within public administration.

Deputy Paul Connaughton: Of course.

Deputy Dick Roche: The view adopted by this report makes sense. Previous benchmarking in this regard was deficient. To be seen ultimately as fair these arrangements will have to be applied across the board. For that reason, I believe the decision, for example, of hospital consultants to agree a 15% reduction, must be acknowledged as an important step. While it is not among the grades examined by the review body, it is important that their pay be assessed on the same basis as that of other groups on comparative salaries. I want now to turn to two other specific areas of public service pay, one of which is the Judiciary. I would have thought that the Judiciary more than any other group would have appreciated that there must be equity and fairness in matters, including in their pay. To their credit the Chief Justice and Presidents of the courts have urged all judges to pay the pension levy. The Minister has said that he will make provision in the Finance Bill to facilitate these payments. However, there needs to be a greater adjustment than this. Our Constitution rightly precludes——

Deputy Kieran O’Donnell: What about the quangos?

Acting Chairman: Deputies, please.

Deputy Dick Roche: ——the Government or the Minister from cutting the pay of a judge. This is to protect the independence of the Judiciary.

Deputy Kieran O’Donnell: How does one do that? 488 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Dick Roche: When this provision was being framed by those who drew up our Constitution, I do not believe they had it in mind that the matter of pay for judges should be put outside the considerations that apply to the population as a whole, that judges be considered as a particular class beyond the considerations that apply to other citizens or that the pay of all judges should be exempt from the considerations that apply elsewhere. The Government has decided that, in the light of the findings of the review body, there will be no increase in judges’ pay during the lifetime of the Government. I, for one, would have hoped that a way to apply those considerations that will be applied to the clerks in the courts and to the clerical and other support staff in the courts could have been found. I also want to make reference to the debate on State-sponsored bodies. The Minister referred to the recent public discussion about pay rates in the commercial State-sponsored bodies and he outlined the manner in which the pay arrangements in these bodies are determined. In our current context it is important that here, too, those who determine pay levels are conscious of their responsibilities. While the pay of the employees of the commercial State-sponsored bodies may not come from taxation, their costs are passed on to customers, citizens and businesses. It is my belief that the pay levels at the top of the commercial State-sponsored bodies need separate review. The argument is made that curtailing pay in these bodies would drive talent away. I do not believe that argument has any sustainable support. On the general issue, another issue which, to be fair, has been dealt with by Deputy Bruton for which I give him credit and one area where I fully agree with him, it is 40 years since a radical reform of public administration in this country was proposed in the Devlin report. Regrettably, many of the changes proposed in that report have never been applied. In another life, I wrote and lectured extensively on the Devlin report and on the subsequent reform proposals,——

Deputy Kieran O’Donnell: Where is public sector reform in the budget?

Deputy Dick Roche: ——and on where we, as a nation, had failed in successive Admini- strations made up of all of the major political parties in this House. It is not possible to serve the needs of a progressive outward looking Ireland with an administrative system that goes back to the days when Queen Victoria was a girl.

Deputy Kieran O’Donnell: Where is it in the budget?

Deputy Dick Roche: One does not put public service reform into the budget.

Deputy Kieran O’Donnell: Where is public sector reform in the budget?

Deputy Dick Roche: Public service reform must be dealt with.

Deputy Kieran O’Donnell: Where is it?

Deputy Dick Roche: If the Members on the other side bear with me, they will here it.

Deputy Paul Connaughton: No more than decentralisation.

Deputy Dick Roche: The concept of ministerial responsibility that we so slavishly adhere to is an expensive mythology that stymies public administration and stultifies political life in this country.

Deputy Kieran O’Donnell: It is very rare. 489 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Dick Roche: A predecessor of the Deputy on the bench opposite in 1973 balked at this. I do not blame him because of the arguments that were put against him. I will send Deputy O’Donnell a copy of something I wrote on that. There has been much talk across the benches in this House about reform in public administration. I do not for a moment question the sincerity of what has been said about culling quangos — I agree with it——

Deputy Kieran O’Donnell: Where is it in the budget?

Deputy Leo Varadkar: The Minister of State does not really.

Deputy Kieran O’Donnell: It is about choices.

Deputy Dick Roche: ——or introducing more appropriate accounting systems or budgets that relate to performance.

Deputy Kieran O’Donnell: Does the Minister of State think what the Government is doing is fair?

Deputy Dick Roche: All of those things would be improvements in themselves, but real reform will only come to public administration in Ireland when we address the myth that lies at the heart of the way we do our business here, in the Civil Service and the wider public service. I will tell Deputy O’Donnell from where public service reform must come. It must come from each one of us in this House working together.

Deputy Kieran O’Donnell: Where is it in the budget?

Deputy Dick Roche: Deputy O’Donnell is more intelligent than that. He knows full well, as I do, that if we are to introduce the root and branch reform that we need,——

Deputy Kieran O’Donnell: No. I deal in practical realities. I am not dealing in theoretical matters. I am dealing in finding savings.

Deputy Dick Roche: ——we must take a long hard look, particularly at the Ministers and Secretaries Acts, where successive Members on both sides of this House——

Deputy Paul Connaughton: Why did the Government not do it before now?

Deputy Dick Roche: The problem is that we all perpetuate the myth, particularly when we get into Opposition.

Deputy Kieran O’Donnell: Deputy Roche could do with a period of it.

Deputy Paul Connaughton: Blaming the Opposition.

Deputy Dick Roche: What there must be to achieve real public service reform, and to change, in particular, the concept of ministerial responsibility, and to free the talent that is in the public administration,——

Deputy Kieran O’Donnell: Where will that get savings?

Deputy Dick Roche: ——would be a cross-party agreement in this House to curtail that.

Deputy Leo Varadkar: Deputy Roche can have it. 490 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Dick Roche: It has never been there. Deputy Varadkar, who may not be familiar with this, should go back to the difficulties experienced by the then Minister, John Boland, when he tried to introduce these changes.

(Interruptions).

Deputy Dick Roche: Unfortunately, a great opportunity was lost.

Deputy Paul Connaughton: It is a pity we do not have another half an hour of wisdom and fortitude.

Deputy Dick Roche: Perhaps at some stage, if those who are interested in listening as opposed to coming in and showing how silly they can be,——

Deputy Paul Connaughton: Wisdom and fortitude.

Deputy Kieran O’Donnell: The Government never properly discussed it.

Deputy Dick Roche: ——if we were ever interested in having a real debate on public service reform, we could put aside time as a group of politicians to face the reality that Victorian legislation does not serve us.

Deputy Kieran O’Donnell: The Minister of State is in power and can make the decisions.

Deputy Dick Roche: We all can make that decision.

Deputy Paul Connaughton: I wish to share time with Deputy Varadkar.

Acting Chairman: Is that agreed? Agreed.

Deputy Paul Connaughton: I thank the previous speaker for the wisdom and fortitude that he has bestowed upon the Dáil in the superior role he has when he comes in here.

(Interruptions).

Deputy Paul Connaughton: Exactly, a true enlightenment for all the persons who may not have got such wisdom from his world. Every party in the Dáil fully understood the financial consequences that beset our economy last week. No matter how one looks at it and no matter what spin the Government will put on it, in fairness to Fine Gael and the Labour Party, all the Opposition parties came to the table last week with well costed and researched proposals,——

Deputy Kieran O’Donnell: Well received.

Deputy Paul Connaughton: I understand that many economists who looked at it since have given it the green light, that there were two or three other measures that could have been taken in difficult circumstances. My big problem with the budget is that while it is one matter to take out \4 billion, and there had to be severe cuts, the idea that the Government would cut its way, through this mechanism, out of trouble leaves me and everybody else baffled. There was no spark of sunshine in all of what the Government did last week to give any hope or confidence to anybody that they would ever get a job in the next couple of years. That is where it failed us. There was nothing but gloom and doom. When the Taoiseach got up to speak, he reminded me of another day. If the Minister of State, Deputy Roche, wants a history lesson, I remember 491 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Paul Connaughton.] the day Charlie McCreevy presented a budget which we criticised. His pivotal message that day was decentralisation even though it had nothing to do with the budget, in the same way Deputy Roche states public service reform has nothing to do with the budget. The then Mini- ster, Charlie McCreevy saw nothing wrong with——

Deputy Dick Roche: To correct the Deputy, the budget is not the place to achieve public service reform.

Deputy Paul Connaughton: I thought Deputy Roche stated a while ago that it was only rude Deputies who interfered.

Deputy Dick Roche: Deputy Connaughton is probably the most.

Deputy Paul Connaughton: Deputy Roche is the type of a guy who cannot bear anyone to speak only himself. He speaks and he listens to himself.

Deputy Dick Roche: Not at all.

Deputy Paul Connaughton: He is in a fantasy world of his own, as everyone knows.

Deputy Dick Roche: Deputy Connaughton is a past master at ráiméis.

Deputy Paul Connaughton: He never listened to anyone in his life.

Acting Chairman: Deputy Connaughton without interruption.

Deputy Paul Connaughton: Could the Acting Chairman stop that man from rudely interrupting me?

Acting Chairman: Deputy Connaughton without interruption. Deputy Connaughton, you have the floor.

Deputy Dick Roche: Deputy Connaughton could give master classes in rudely interrupting.

Deputy Paul Connaughton: Having been so rudely interrupted by a very rude Deputy who does not understand his place,——

Deputy Dick Roche: Absolutely, and a past master across the room from me.

Deputy Paul Connaughton: ——can I just say——

Deputy Dick Roche: Deputy Connaughton has lost his tongue.

Deputy Paul Connaughton: I have not. Thanks be to God, I am blessed with a wonderful memory.

Deputy Dick Roche: So am I.

Deputy Paul Connaughton: Deputy Roche has a superior one. He always believed that. He knows what I mean. A vital chance was missed last week here in the Dáil. It was missed because there was an unfairness in that budget. One fact I have always known about Fianna Fáil — I must admire that party for many of its actions — is that fairness is not its middle name. It displays fairness for its own crowd, but not for the people of Ireland. 492 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

The major plank Fianna Fáil had was that the bill for the public service had to be reduced, and we all accepted that. I refer to those who earn a lowly \30,000 per year. That is the amount paid to many public servants, including those who work on the roads of Galway County Council and who clean the schools. Such people all earn less than \30,000. It is outrageous to suggest they should carry a 5% cut, which is effectively a cut of \1,500 for next year. I do not care how long Fianna Fáil will remain in Government. I realise the Government has done a deal with the backbenchers, the Independents and the Green Party. They were bought over for the next 12 or 18 months, whatever the deal. However, a person that works every day of the week for approximately \30,000 or less per year will never forget the 5% cut, even if they live to be 100 years of age. They will remember last week in the Dáil and they will wait to get this Govern- ment. I have no idea for whom such people will vote but it will not be Fianna Fáil. Of that I have no doubt. As I remarked earlier in the Fine Gael Private Members’ motion, it is very difficult to understand how from budget cuts amounting to \4 billion, the Government managed to cut \108 million from the carers and disability allowances and the blind pension, which affects the very people unable to see it. Some \108 million was taken out of \4 billion. Is the Minister suggesting the money could not be found anywhere else? I refer to a matter my colleague Deputy Varadkar raised on several occasions. There was no word about quangos in the budget. During the year, the Government make a great effort to highlight what it would not do with quangos, all of which were to be reduced and rationalised. It appears the Government became afraid of them in the run up to the budget for whatever reason. Perhaps it was because those the Government appointed on behalf of Fianna Fáil have become so embedded in whatever quango with which they happen to be associated. Neverthe- less, many people in such State establishments or quangos have worked to the best of their ability. However, there is an issue with the overall culture and there is no doubt the number could be reduced greatly. In this area alone there would be no problem with attaining the \108 million savings and this has been clearly identified by Fine Gael. If there were a rationalisation of the quangos alone without any other measures, it would yield in excess of \108 million by the time the exercise was finished. Such a measure would have made a great difference to the disabled, the blind, the carers and all those in society that everyone declares they wish to help. There is downward pressure on costs in the economy. We have been told continually that wages account for 70% or 80% of the actual cost of most services. This has been the mantra from the Government down through the years. Since there has been a reduction in pay, will we see cheaper ESB, telephones and garbage collection costs? When the doctor or the vet comes will he or she be cheaper? Is that what all this is coming down to, or will it be the case that those who, unfortunately, must live, work, rear a family and pay a mortgage on something less than \30,000 will be nailed during the coming years while everything else continues as it was before? Will the Minister of State address this point when referring to fairness in his summing up? If people realised the services for which they must pay are decreasing at the same level as pay, they might realise they are approaching a stage at which we would become more competitive. The goods and services we produce here could then be sold abroad, the end result to which we all aspire. However, I do not believe the route taken by the Government last week will ever achieve that aim. In so far as the farming community is concerned the meek effort to introduce an off-colour cousin or substitute for the REPS, rural environmental protection scheme, is not welcome. Many farmers are very upset by the measure because they realise exactly what is taking place. They are aware that in the heel of the reel this will be simply a faint image of what the REPS once was. I trust the people who will qualify for the so called \5,000 maximum payment will 493 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Paul Connaughton.] not have to jump through costly hoops associated with REPS to become eligible for the modified REPS. I hope farmers will not be subjected to the same rules and regulations.

Deputy Leo Varadkar: I apologise for the delay earlier. I have lost my script but I remember what I have to say. My party has discussed the issue of public sector pay for a considerable period. In 2003 we stated that we were not in favour of benchmarking unless it delivered real reform. The pay increases were introduced at a cost of \14 billion over seven years, but not the reform. It is something I have discussed a good deal. My party was the first to call for the national wage agreement to be suspended and was among the first to indicate that pay cuts would be necessary in the public service. I have no wish to pretend otherwise. Many of my comments on public sector pay and the public service have offended people. Sometimes this was because I spoke the truth before people were prepared to hear it and at other times I said things that were unfair and harsh; for this I am sorry. I believe in the public service and I come from a background of public service. Before I came to the House I worked as a junior hospital doctor in public medicine in the public sector. I did not treat private patients. As a Member I am a public servant, my sister is a nurse and my mother a retired nurse. The public service is something in which I believe very much. I do not believe those against reform in the public service really believe in the public service; they believe in self service. The pension levy was necessary but the way in which it was done was not fair. However, pensions must be paid for and as someone who now pays 16% of my gross salary for my pension I do not object to it. However, I hope the pension will be in place when I retire in 2041. This is why we must ensure we have a sustainable pension system. It is in all our interests, especially those of younger public servants, to ensure there is a sustainable pension system which does not run out of money in 20 years’ time. A reduction in the payroll was necessary. It is a testament to the strength, honesty and decency of the two Opposition parties, Fine Gael and the Labour Party, that we were willing to say as much and to sign up to \1.3 billion in payroll reductions. I note that Opposition parties in the UK or the USA have not done so. Some people may be critical of our politics but it is a strong reflection on the Opposition in this State that we have not played the populist card on this issue. There were choices for the Government. The choices it made on budget day were unfair to people on low pay, especially those earning \30,000, such as clerical officers and cleaners. It was not necessary to cut their pay and this remains the case. The schedule we proposed provides an alternative. It proposes increments should not be paid for one year. They should be deferred and although it would affect people on low pay, at least their pay would not be reduced. It would remain the same for a year. This could still be done. The cuts were especially unfair on young people. Let us bear in mind that those who will take the greatest cuts will be those earning \40,000 or \50,000 who are young and probably have young families and mortgages. They will be in serious trouble. It is very unfair that a retired school principal earning \60,000 from a pension was untouched, but a young teacher earning \45,000 with a mortgage and two kids to look after took a pay cut. It is unfair that a retired Taoiseach earning \150,000 without a mortgage did not receive a pay cut but the pay of a Senator earning \70,000 with a sizable mortgage and two kids has been cut. That was also unfair. I understand why it was done for political reasons but it is unfair. It was also unfair to state that the pay cuts would be permanent because they need not be permanent. This is the key difference with the proposal put forward by Fine Gael. Our proposal is consistent with the position we have always put forward, that is, benchmarking should be delivered only in return 494 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009 for real reform. That is our view now. Effectively, it is reverse benchmarking. These pay cuts may be necessary but need not be permanent and can be reversed upon the delivery of real reform which could be done on a sectoral basis. In education, for example, when teachers negotiate, agree and sign up to a new contract pay cuts can be reversed. When we agree a new pension system we can amend the pension levy to reflect that by not applying it to non-pension- able income, one of the absurdities that exists now. When there are new agreements in the health sector and radiologists and radiographers sign up to new contracts that allow X-ray departments to be used properly, during weekends and evenings; when nurses and doctors sign up to contracts that allow clinics to be open in the evenings when people finish their day’s work, and on Saturdays; when such issues are agreed and we get real reform that actually matters to real people then the pay cuts can be reversed. The same applies in the Civil Service and local government and even in the Houses of the Oireachtas. For example, the pay cuts applied to Deputies and Senators could be reversed when we reduce the size of the Dáil and reduce the size of or even abolish the Seanad. The same would apply for the emergency services. That is the model I put forward and I believe it stands up to scrutiny. What the Government did in the pay talks with unions was very wrong. The 12 days leave was never going to fly and I do not understand why people ever thought it would. It shows how out of touch the Government and union leaders are in that regard. When one studied many of the concessions we were led to believe had been offered they had been offered before. We were led to believe that increments would be linked to performance but that is already the case, or is supposed to be. In reality it is not and has turned out to be a sham. The extended working day in the health services that was supposed to be agreed is already in the programme, Towards 2016. Having open recruitment and getting rid of the common pool were supposed to have been agreed before, also in Towards 2016, as was promotion by merit. Sometimes when I hear union leaders speaking they seem like old rope salesmen, offering us the same things in return for this deal they offered during benchmarking and Towards 2016. What needed to be there — as some was but much was not — was an agreement on redeployment. It appeared to have been there but it was not a single public service in which all public servants would be part of the Irish public service, with no more divisions between State agencies, civil servants and local government and all that nonsense. There was no rationalisation of the quangos and there was nothing on dismissal. We need to have arrangements to dismiss people who are not performing. It is not fair that we have set up our public service in such a way that a young person who is doing a good job and is on a temporary contract is the first to lose a job while a person who is not performing, not doing a good job, who may not even be interested in that job is given tenure and protection for life. That is the kind of reform we need. We also need to agree a new pension system. For the reasons I outlined we need to ensure there will be pensions for young public servants when they retire in 20 or 30 years time. Under the current system there will be no pensions for anybody. Ironically, the people who are paying the pension levy are those who might not get a pension. That is why we need pension reform. We also need to address the issue of semi-State bodies. One very strange aspect of this Bill, as was mentioned by others, was the exclusion of some areas. I can understand why the commercial semi-State companies were excluded. I do not understand why the Railway Procure- ment Agency or the Central Bank were excluded. I understand the Central Bank has agreed to impose the pay cuts in any case, but what about Bord na gCon and the Railway Procurement Agency? Such bodies are State agencies or quangos, not commercial entities and I do not believe they should have been excluded. 495 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Leo Varadkar.]

There must be some treatment for semi-State companies and it need not involve pay cuts. These are commercial entities and if they are making a profit there should not be pay cuts. No company that is making a profit should exploit its workers by imposing pay cuts but many of the profits semi-State bodies make are not genuine. They arrive because of subsidies given by Government, because of protection from competition also given by Government and because of ridiculously high prices imposed by regulators. For people who are facing pay cuts and paying higher taxes, the very least the Government should do is ensure their ESB and gas prices will go down and that train and bus fares and other Government regulated and semi- State body-imposed charges are brought down. Nobody wishes a pay cut on their neighbour but it is reasonable that such prices should come down and if those semi-State bodies have to make efficiencies subsequently, so be it. I point to the difference between my party and Fianna Fáil. I hope at some point trade unions and public service workers will come around to the view that they have friends in Fine Gael and we are not out to get them. What we now offer and have always offered are better terms and conditions, pay increases — or, in this case, the reversal of pay cuts — in return for real changes that will deliver better public services for real people. The difference between that and what we got from Fianna Fáil is very clear. We had an enforced pay cut, which three Ministers said was permanent and we had the threatening, bullying and menacing words of the Minister for Finance who effectively told public servants they had better “suck this up”,to quote the Minister’s brother, who said if people do not like this and protest their pay will be cut even more. We will make no progress in this country either as a common collective or in public service reform if we engage on that basis. What we need is a new Government and a union leadership that are serious about public service reform. I believe we have neither but I hope for the future.

Acting Chairman: The Minister of State, Deputy Mansergh, is sharing time with Deputy Michael Kennedy, with ten minutes for both.

Minister of State at the Department of Finance (Deputy Martin Mansergh): An interesting detail of this Bill is that it defines Oireachtas Members as public servants. Therefore, we are discussing something that affects us as well as tens of thousands of others. This legislation is not based on any hostility to public servants. In my own case, rather like the Minister of State, Deputy Dick Roche, I first entered the public service 35 years ago, on a good starting salary of £3,000 per year. Public servant is the title of which I am most proud as it is a unifying thread that joins up a number of different roles. My experience of the Civil Service has been a very good one. It contains many good, able and highly motivated people who have played an enormous role, for example, in negotiating and sustaining our EU membership, maintaining and vindicating a peaceful solution to the problem of Northern Ireland and also as a motor of social partnership, which last I regard as having been mainly a good thing even though it may be in difficulties at present. They have worked at streamlining the tax system and, most recently, showed their involvement at local level in the emergency co-ordination with regard to flooding. These included officials of the OPW, the Army and Civil Defence, gardaí, community welfare officers and volunteers. There are of course also excellent teachers, nurses and Oireachtas workers. Change, reform and economies are needed on an ongoing basis. However, at most levels and by most international comparisons our public servants are well rewarded. In approximately ten years their numbers increased from significantly more than 200,000 to significantly more than 300,000. It is worth quoting some salary figure progressions between 2000 and 2009. I shall 496 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009 quote the original currency of the Irish pound for 2000 and the euro for 2009. One can change the punt into euro. Lower tier county managers earned £56,000 in 2000 and \136,000 in 2009. A staff officer earned the equivalent of \23,000 and now earns almost \37,000. This refers to the starting point of the scale. A Secretary General earned the equivalent of \121,000 in 2000 and now earns \221,000. Engineers grade 3 are up from \22,000 to \32,000, a rather smaller increase of 45%. A clerical officer, standard scale, earned \15,227 and now earns \23,174. The salaries of Deputies may interest us in this House. In 2000 the starting figure was £39,000 or \49,000; today it is \100,000. Senators earned £24,000 and today earn \70,000.

Deputy Ulick Burke: The Minister of State is leaving out one column.

Deputy Martin Mansergh: Ministers’ salaries increased from the equivalent of \116,000 to \231,000.

Deputy Ulick Burke: How much tomorrow?

Deputy Martin Mansergh: Therefore, there were significant real increases at the bottom of the scale and something of a pay bonanza in the upper reaches, and the scale of adjustments in this Bill at the higher end reflect that. Benchmarking and higher remuneration were part of the process. The perception ten years ago was that the private sector was powering away but those who worked in the public sector, although their outputs were less tangible, believed they were doing work just as valuable and productive. However, the private sector is more volatile. There have been job losses and income cuts. There is no guaranteed income beyond the minimum wage and if one is self-employed or a small farmer there is no guarantee of even that. Private pension provision, which was once quite generous for most people outside the very wealthy and fiscal stratosphere, is now a poor cousin of public service provision. When the country was, to use the mantra, awash with money, we over-committed ourselves——

Deputy Joe Costello: The money was washed away.

Deputy Martin Mansergh: ——and awarded salaries that we are not now in a position to sustain. I agree with Deputy Tom Hayes that there has been hurtful and unfair criticism, mostly from people outside this House, against civil servants but the salaries we were awarding ourselves in some instances would correspond to the second highest nominal GDP per capita, which is what we boasted of having, but not to the real world. While some public service members may be very resentful of what the Government is doing now, the decade of the “noughties” up until 2008 was the best decade public servants are ever likely to have in terms of income and advancement. Our circumstances now require some claw- back sacrifice, and greatest from those who have benefited most. I accept it is tough on most people who are over-committed and over-borrowed on the basis of what was, until recently, reasonable expectations but it is vital we maintain our economic independence and sovereignty, that we make our own decisions, that we show we can cope and that we are able to cut down on borrowing if we are to continue paying bills and not throw in the towel and ask somebody else to do it for us. As the Taoiseach said in his speech on the budget, there is a psychological element in this. We have taken and accepted pay cuts in the past but they were disguised by inflation and devaluation. We are now paid in a strong currency which does not lose value and in pay terms we are simply going back a few years but not to where we were ten years ago. 497 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Ulick Burke: The Minister of State is not dependent on a medium size salary.

Deputy Martin Mansergh: Social partnership was conducted in good faith over 22 years. It is regrettable but understandable that we have not been able to reach agreement, and I understand how difficult it is for trade union leaders to concede things they have painfully negotiated over a period of time, but the logic of eurozone membership is that if we lose competitiveness we have to adjust downward cost and incomes. That is the only way that will save jobs. As the Minister said in his contribution, excluding the lower paid earning under \30,000, most of whom would not be subject to tax if married or with children, unless single and barring levies, that would, at \500 million, cost half the saving required and that is not practicable. We must show the outside world our ability to take and stick with reasonably tough decisions——

Deputy Seán Sherlock: What about our old people?

Deputy Martin Mansergh: ——that are tough on ourselves. Most of the messages I am getting are from people earning well above that \30,000 income level. I am hearing most of the protests not from people starting out on their careers but people mid-career who have accumulated a lot of commitments. Consensual public service reform is the preferable way forward——

Deputy Joe Costello: The Government had its chance but it blew it.

Deputy Martin Mansergh: ——and there is a need for everyone to put their shoulder to the wheel. I do not believe there is any real appetite for militancy which would worsen the situation and delay recovery.

Deputy Ulick Burke: Is that a request?

Deputy Martin Mansergh: Social partnership is not dead but an incoming Government will not be able to offer public servants a better deal.

Deputy Leo Varadkar: Yes, we will.

Deputy Martin Mansergh: Public servants will never have a better deal than——

Deputy Ulick Burke: There is a better way.

Deputy Martin Mansergh: ——than the one they have had since the late 1990s but as a wise person once said, if we want to keep things as they are we have to be prepared to change.

Deputy Michael Kennedy: I welcome the opportunity to speak in this debate. I thank the Minister of State, Deputy Mansergh, for sharing his time with me. Along with the Taoiseach, Ministers and all the people in my party, it does not give me any pleasure to come in here to talk about cutting the pay of public servants, or indeed anyone, but we must recognise that we are facing a serious financial situation. With a deficit of \22 billion this year, a greater one likely next year and the fact that we are borrowing \420 million per week it behoves us to take corrective action and I believe the public at large, including our public servants, recognise that we must take that action. I have great admiration for those in the public service. I have many friends, and some relatives, who are teachers, etc., and I admire their professionalism and their dedication. When one considers the broad range of the public sector, whether it is teachers, gardaí, the Army, 498 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009 firemen, nurses, doctors, civil servants or public servants, by and large they do a fine job and are a credit to their organisations. We should put on record, and I want to do it now, that some of the comments in the media recently have been over the top. As in any organisation there is a minority of people who do not pull their weight and bring the organisation down. The critical comments about the public service are over the top because the vast majority of people do a committed job in a very professional way and give value for money but we must recognise the serious budgetary constraints we face. In making the cuts I acknowledge that the Government, Ministers and Deputies have taken their share of the pain. That is only right. It would be neither appropriate nor acceptable if we were to say we should not take cuts. We took our share of the pain last year with the levy and, equally, our pay will be cut this year in line with the public service. In making those cuts we must recognise that we are doing it for the good reason that we do not have any other option. I am of the opinion that all of us must share in the pain. When one reflects on our budgetary position, one cannot be over-selective. There are sectors in our society that are not paying their share. I cite the Judiciary. Last year I issued press statements asking the judges to voluntarily take a pay cut if it could not be done through a legal mechanism. I do not believe that judges who are paid more than the Taoiseach should be able to take those salaries, particularly when taxpayers’ money is paying their salaries and pensions. I appeal to those judges who have not agreed to the voluntary deduction to do the honour- able thing and make that cut. As I have stated publicly previously, if they are not prepared to do so, I believe the Government should hold a referendum. I welcome the support of Deputy Shatter, who introduced a Private Members’ Bill on this issue. I believe that a 10 o’clock referendum probably will be held on the issue of children’s rights in the future and equally, a referendum should be held on judges’ pay unless they make voluntary cuts. I believe this to be reasonable and certainly, among those from the public services who have contacted me by telephone or written to me by e-mail, a common theme is that judges and people in the semi-State bodies should share in this pain. I do not doubt but that there are people in the semi-State organisations who believe they should do so and should cut back on their salaries. Likewise, reference has been made to bankers and it is ridiculous that banking institutions that are receiving aid via the State should be in a position to pay bonuses. While I recognise the Government has capped the upper limit in respect of senior bankers, ordinary banking officials should not be in a position to receive a pay increase next year when others throughout the country are taking pay cuts. This is how this issue of fairness must come about. Moreover, I certainly believe that partnership is not dead. In the past couple of days, many of those who have contacted me have made the point that their unions are willing to return to negotiations. The recognition that \4 billion in cuts must be made both this year and next year is acknowledged by all parties in this House and by the unions. It is the mechanism as to how one achieves it that is at issue. However, the people with whom I have been in contact, from teachers to civil servants, nurses etc. all have stated that their unions are willing to re-engage and to show the Government how \1 billion in savings can be achieved.

Deputy Joe Costello: It is too late.

Deputy Michael Kennedy: I do not believe it is too late for this to happen.

Deputy Joe Costello: It is the 11th hour.

Acting Chairman (Deputy Charlie O’Connor): Deputy Costello will have his chance later. 499 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Deputy Michael Kennedy: I appeal to the unions to meet the Government and to put forward their proposals. They have acknowledged that reforms are necessary, antiquated work practices must be changed and redeployment must be allowed to take place because these are the very issues that have caused us to be unproductive and uncompetitive. As I noted earlier, a small minority of people across the board are the difficulty. They are not pulling their weight and we are suffering in respect of both service levels and the pay bill. I ask the Minister of State, Deputy Mansergh, to use his influence to induce the Government to get these talks moving again and hopefully to achieve an agreement on how the cuts can be made. I wish to refer to the reputational issue that some people appear to dismiss. All economic reports emanating from Ireland, Europe, New York or elsewhere come out with a single constant theme, namely, that countries suffer if they do not get their finances in order. It is indicative that last Thursday and Friday, both Moody’s and Standard & Poor’s came out with a reduced credit risk rating for Ireland after this tough budget had been introduced. It proves the point that had the Government not been prepared to take corrective action, we would be in a serious position. I wish to mention a report on Greece I read in last Friday’s edition of the The Irish Times. The German chancellor, Angela Merkel, urged the European Union to tackle the problems in Greece because clearly the European Union is concerned that Greece is in a serious financial situation. However, it needs to take corrective action, which thus far it has refused to or cannot do. The German chancellor has suggested that the European Union should do it for Greece. The end result is that if the European Union is unable to do this, one other organisation will, the International Monetary Fund. I wish to conclude by noting that we should not live in a cloud cuckoo land in which we continue to borrow and spend money. Annual expenditure of \55 billion when in receipt of \30 billion in taxes is not sustainable.

Acting Chairman: The next speaker is Deputy Costello, who has a 20-minute slot. I understand Deputy Costello will speak for five minutes and will share the rest of the time. I will of course provide the Deputy with as much protection as I can.

Deputy Martin Mansergh: The Deputy will need no protection from me.

Deputy Joe Costello: I would not have expected less from the Deputy from Tallaght. I wish to share five minutes and ten minutes with Deputies Sherlock and Ferris, respectively.

Acting Chairman: Agreed.

Deputy Joe Costello: It was a little rich to listen to Deputy Kennedy exhort the trade union movement that it now is time to come into the Government’s parlour to sort out these matters or that everyone was agreed that there was \4 billion to be sorted out and that people could sit down to do so. I am afraid it is too late for that. The die is cast, the trade unions were shafted and the rug was pulled from under their feet. They were in negotiations, were prepared to do a deal and were prepared to save \1.3 billion. It was all there on the table and the Government decided to reject it.

Deputy Michael Kennedy: Clearly, it was not.

Deputy Joe Costello: This is the reason Members are debating this legislation today. The Government will ram it through tomorrow by using the guillotine and that will be that.

Deputy Michael Kennedy: It was not on the table. 500 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

Acting Chairman: Deputy Kennedy has had his turn. Were he sitting in the Chair, he would do the same. Deputy Costello should proceed.

Deputy Joe Costello: I believe these constitute savage cuts on the entire public sector. They will decimate and demoralise the public sector and it will be difficult to expect the public sector to come back, take it on the chin and provide the service the Government expects of it, having been given such a sucker punch again on foot of having been already hit recently. What is worse is that all public sector workers, from the poorly-paid clerical officers, labourers, those in part-time employment, young men and women in their first employment or those on the minimum wage, will be hit from the very first cent they earn. When one combines this with the reduction in social welfare for the blind, the deaf, the disabled and carers, as well as the cut in child benefit, it is clear the Government has deliberately targeted the weakest and most vulnerable in our society, that is, those who can least afford to take such savage cuts. The Minister of State knows as well as do I that both the Cabinet Handbook and the Lisbon treaty require that all legislative proposals should be poverty-proofed and should be assessed in respect of their impact on the people and communities affected to ensure they do not inflict damage on them. Earlier today, Deputy Gilmore outlined in the House the figures in respect of two parents with three children who work in the public sector and who earn \30,000 each. Their total reduction in pay per week was \70 or approximately \3,600 per annum on foot of the 2010 budget. I will provide a similar figure for two people earning \25,000 each. If one breaks down the figures, the loss in net income of \774 each by two people is \1,548. The loss of child benefit will be \384, the loss of the early child care supplement will be \996, which comes to a total annual loss of \2,928, or \56 per week. That is very substantial for a couple on very low income. Along with that, such a couple is likely to be hit by exorbitant interest rates, mortgages and the new proposed carbon tax which will be imposed on home heating oil, gas, peat and coal. If a couple has a car they will be hit by taxes on petrol and diesel. The average hit on the public sector has been 13% this year. With a minimum of 5% on top of that, it is a substantial hit in the space of 12 months. It is 20% higher for some. The lowest of the low are being hit by these cuts. It is a harsh, mean, cynical and cruel budget which targets the weakest in our society. What compounds the problem is that the public sector which has been targeted comprises 350,000 of a total workforce of 1.8 million. The banker, the developer, the speculator, the well-paid and those in the semi-State sector are specifically excluded from the cuts. This is undoubtedly an uncaring Government and it has now gone a step further and divided Irish society. It has not been so divided since the civil war in 1922, something which the Minister of State, as an his- torian, would appreciate. It will leave a similar legacy, namely, a legacy of bitterness which will last for a very long time.

Deputy Seán Sherlock: This Bill was drafted by a generation of politicians and mandarins who have their mortgages paid and have, for the most part, reared their children. It shows blatant disregard for people of my generation who will end up being saddled with the burden of the economic morass in which we find ourselves for the rest of their working lives. If we are to inject some equity into the process of economic recovery, it must be done on the basis that everybody will take the pain equally. One cannot take \1,500 from somebody in the public sector who is earning \30,000 or \1,875 from somebody who is earning \35,000, while introducing a carbon tax which will affect the ability of such people to get to and from their place of work on a daily basis. Such people will 501 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Seán Sherlock.] also be affected by the impact on them of the potential mortgage increases they may incur in the future. I have a short time in which to speak on this issue. It is a sad indictment of this Parliament that we cannot debate these measures in a proper fashion with real discourse. The strike by the public sector was ill-timed, in that we all had to buy into the idea that there would be a reduction in the public sector pay bill. I also believed in the bona fides of a Government and a trade union hierarchy to hammer out a deal that would ensure those earning incomes of less then \50,000 would not incur any further pain as a result of measures which might have to be implemented and those earning between \50,000 and \100,000, would have a minuscule percentage cut in their salaries and they would be benchmarked against cuts in the private sector. We have a situation whereby a single person who earns \52,000 per annum in the private sector incurs no cut to his or her salary, but somebody who earns \50,000 in the public sector will incur a cut of \3,000 or 6%. There is no equity in such a situation. If anybody in the Government tells us that everybody has to incur pain, the proof of that view is not evident in such budgetary measures. I am quoting from the very document the Minister for Finance, Deputy Lenihan, laid before the House when he announced his budget last week. All we are asking for is a review of the cuts to people on the lower end of the public sector wage scales. One cannot expect a single female clerical officer who works in a local authority, has taken out a mortgage in the past three years and now has to pay increased charges for her petrol to get to work to incur a cut of \1,500 to \2,200 in her salary. It is completely inequitable. I know it and the Minister of State, Deputy Mansergh, in his heart of hearts, knows it. I believe his words are correct, he told us to reverse the cuts would cost the Exchequer \500 million. He never examined the quasi-autonomous non-governmental organisations. He did not adequately examine those earning more than \250,000. It is time the Government looked equit- ably at those who will now bear the brunt. The new poor now exist in our society. A person who incurs a cut of \1,500 will not be able to survive in real terms and the Government should not patronise such people by telling them it has reduced the cost of living by 6% because that will not wash.

Deputy Martin Ferris: Like all of us in this House, I am certain that the Minister of State, Deputy Mansergh, each of his party colleagues and the Green Party Deputies have received dozens of e-mails and phone calls from members of the public services who are the subject of the legislation we are debating and which is required to facilitate the second pay cut inflicted on those workers this year. That the proposed cuts would lead to so much anger, disappointment and despair should have come as no surprise given the one day strike which took place several weeks ago and the ongoing representations made by public sector workers and their unions in the run up to the widely predicted cuts which were announced here by the Minister, Deputy Lenihan, on budget day. However, he chose to ignore all of this and we had the charade of an alleged Fianna Fáil backbench revolt over the proposals from the public sector trade unions, which in themselves would have entailed another steep cut in the earnings of public sector employees. The truth of the matter however, as the Minister of State, Deputy Mansergh well knows, is that what we witnessed was not a popular uprising by old age pensioners, the unemployed and ordinary workers demanding that teachers, nurses, gardaí and those who work in Departments should have their wages cut again but, rather, a well-orchestrated campaign by business interests and the right wing pundits in the media. I received several e-mails claiming to be from small business people here which in fact were sent by the Irish subsidiary of a major overseas brokerage firm. IBEC and ISME organised 502 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009 their members in what was an effective lobby. Fair play to them. That is the way politics works. However, as we know all too well from Fianna Fáil’s history with big business in this country — we need look no further than the tent at the Galway races — it has a huge advantage when it comes to influencing the action those in power take. Some parties, and Fianna Fáil in particular, have been compromised by big business, something which did not happen today or yesterday. The old saying of “he who pays the piper calls the tune” springs to mind. One of the main themes in the e-mails I have received from teachers and others in my constituency and from every other county is the perception that those who are on low to medium wages are being saddled with the main blame for the current financial crisis and the main burden for its solution. There are people in this building for whom the cuts this year mean that they are little better off than if they were claiming social welfare. Indeed there are people working in this building and in other branches of the public service who are earning a weekly wage that entitles them to family income supplement which makes a mockery of any pretence on the part of the Minister that he is taking on some protected well healed section of the community. What a pleasure it must have been last week for them to see the hangers-on of the Minister’s party swanning around the Dáil bar and restaurant celebrating that the people guiding them around, and serving them pints and food and working for their Deputies were having their incomes slashed while some of those doing the swanning around are among those who have done very well indeed from the so-called Celtic tiger. By all appearances they are not suffering too greatly from its demise. The financial crisis was not brought about by the staff in the Dáil bar or restaurant, or the ushers or secretarial staff but by the friends of the Minister’s party who, through their greed and incompetence, have saddled this State with a massive debt that will be visited on the sons and daughters and maybe even the grandsons and granddaughters. They are being presented with the bill for the end of the great party to which none of them was invited. It is sickening to listen to some business spokespeople and right-wing pundits who are seeking to give the impression that all of those public sector workers currently having their incomes slashed in an unprecedented way were living the high life over the past ten years or so and in doing so they created the current mess. Was it teachers, nurses, Dáil ushers or secretarial assistants who speculated on land banks and pushed up the prices of houses? Was it council workers who created the mortgage inflation? Was it the hospital cleaners who charged or rather demanded to be charged exorbitant rents for houses and apartments? Was it firemen who increased the prices for hotels, and food and drink even while workers in those sectors were receiving only modest increases or no increases at all? It was not. Their only part in all of that, in common with the vast majority of people in the State, was to have to pay a much bigger share of their income for housing and accommodation and just about everything else. It is ironic then to listen to spokespeople for those sectors claiming that the attacks on the public service will somehow lead to economic recovery. I wonder have they pondered that there will be fewer people to overcharge now. Have they considered the certainty that their stupidity in reducing income will not help to sustain or create jobs? What was most telling was one business spokesperson last week who said that the budget would lead to a revival in overseas investment and that this would allow Irish business to piggyback on all of that. I use the word “telling” because it describes accurately enough much of what went on in the Celtic tiger years. The real economy was largely dominated by multinationals and this led to most of the real growth. Benefiting most from that and from the nominal increases in workers’ wages were the type of people I have referred to who saw it as an opportunity to dip their beaks and extract a disproportionate share in rents and mortgages by increasing them whenever they felt like it. 503 Financial Emergency Measures in the 15 December 2009. Public Interest (No. 2) Bill 2009

[Deputy Martin Ferris.]

In saying that I am not criticising the many genuine domestic enterprises which have sought to contribute to employment creation and the economy. It is no accident that they have been treated extremely badly by the banks in comparison with the incompetent speculators who have gifted us NAMA, and a potentially worse disaster down the road. Another aspect of the assault on ordinary public sector workers has been the apparent popularity of this strategy among other sections of workers. Although I suspect — if for no other reason than that many private sector workers are married or otherwise related to low and middle-income public servants — that this does not reflect reality. However, any private sector worker inclined to celebrate the attack on teachers, nurses, firemen, gardaí, and people working in this building and Departments ought to beware because as sure as night follows day they will be next. The private sector has already seen cuts in wages and the undermining of jobs and conditions but the defeat, as it is regarded in business circles, of the unions on public sector pay will be followed by further attacks on workers’ living standards. Apart from the issues of fairness in all of this and that many people’s lives will be made considerably worse, Deputy Morgan last week made other points as to why these cuts are a bad move. They will not encourage economic growth as they will take a large amount of money out of circulation. In saying that however, the Government is at least consistent as its entire strategy is negative and militates against any economic stimulus. Other countries have rejected that strategy and are showing signs of recovery. The days when a Fianna Fáil leader could claim to be the leader of a party that represented the people of no property are long gone. The days when a Fianna Fáil leader can claim to be the leader of the people as Taoiseach may not be too far behind.

Deputy Ulick Burke: I wish to share my time with Deputies Brian Hayes and O’Mahony.

Acting Chairman: Is that agreed? Agreed.

Deputy Ulick Burke: The hypocrisy of the Minister for Finance this evening when he introduced the Second Stage of the Bill was difficult to understand. He said:

All of us in this House, in both our professional and our personal lives, have experienced the excellence and dedication of public servants. We all know, for example, the difference a good teacher can make not just to the lives of our children, but also to the morale of an entire parish or community.

What do they get for such lavish praise? In the case of teachers it is a 17% cut in salary across the board. The Minister further stated that the majority of public servants are on a low salary relative to the highest available to them. At the same time those on salaries of up to \30,000 will receive pay cuts of 5%, with a further 7.5% cut from the remainder of the salary for a teacher. The consequence is that the morale of teachers, along with that of the nurses and gardaí, is at an all-time low. It was bad because of the previous cuts, but it has now reached a very serious low, which will have serious consequences for the delivery of services. Emanating from Ministers and their spin doctors, there is a vilification of certain sections of the public service, in particular teachers, nurses and gardaí. This evening all sides of the House have acknowledged the excellence of public servants who are delivering services to the public, whether in education, security or the health, together with the Departments’ own services in social welfare and elsewhere. However, for all of that and the hard work those people do, they are now the targets of the harshest cut ever given. The Minister of State, Deputy Mansergh, said earlier that he expects the unions to return to the table. He cannot expect to humiliate 504 Hospital 15 December 2009. Services more than the Government has already done by walking away and turning its back on them prior to budget day. In order to get the transformation in practices in the public service, the Government will want all those in the public service, and the unions representing them, back at the table. It has as much chance of getting that as it does of winning the national lottery.

Acting Chairman: As it is 10.30 p.m., I must interrupt the Deputy.

Deputy Michael Ring: That is a pity.

Acting Chairman: I apologise, and I wish the Deputy well tomorrow.

Debate adjourned.

Adjournment Debate.

————

Hospital Services. Deputy Jimmy Deenihan: I raised this matter on the Adjournment on 24 November 2004. Back then, Dr. Sean O’Rourke was the consultant at the accident and emergency unit of Kerry General Hospital. He had major reservations about staffing in the hospital, and he eventually moved on. I refer to a letter from Dr. Pat Naidoo, a locum consultant in emergency medicine at Kerry General Hospital — who has also since moved on — to Pat Healy, regional director of operations at HSE South. He states:

There are some serious concerns regarding the staffing levels and the safety of emergency care provided at the Kerry General Hospital. In view of the Minister of Health’s announcement in early 2004 to improve patients’ experiences of emergency services and the more recent “Review of Emergency Departments and Pre-hospital Emergency Care in Cork and Kerry” published by the HSE South in which Prof. John Higgins (Director of Reconfiguration) said “these recommendations are totally focused on the needs of our patients in emergency situations, the Kerry General Hospital will retain its full Emergency Department and will be reorganised to best serve Kerry patients at their time of need and have access to better, safer emergency care”, it is time that HSE South Board [reviewed] the staffing levels of the Emergency Department and the service provided.

The Emergency Department in Kerry General Hospital is experiencing an uncomfortable growth period of presentations and many of these presentations are becoming increasingly more complex. The population in this area is ageing, societal expectation of health care is rising and out of hours presentations are becoming more the “norm”. These factors combined with staffing in Kerry General Hospital Emergency Department with only junior doctors poses a serious threat to the people of Kerry having access to better, safer emergency care. The Emergency Department is the “front door” or point of entry of the Health Service and as such is open to all comers . . . that is its strength in terms of training junior doctors, but it is also its weakness in terms of staffing needs. Managed well, a strong Emergency Department serves the region well ... with unnecessary admissions, prospective inpatients are worked up to save inpatient time, [and] procedures can be performed to avoid after hours theatre use saving time and resources. While acknowledging the extraordinary dedication of nurses and doctors who are making every effort to keep the Department working, this service is now unable to cope with the demands of the increasing throughput as patients’ safety and quality of care is being compro- 505 Hospital 15 December 2009. Services

[Deputy Jimmy Deenihan.] mised. This results in reduced patient satisfaction, poorer processing of patients for admission and discharge, missed injuries, high rate of re-presenting, deferring care therefore threatening patient safety, patients leaving the department without being seen, overcrowding and conges- tion and finally exposure, intimidation and verbal abuse by patients. The Emergency Department in Kerry General Hospital is without doubt the most under- staffed department in the country. . . . Comparatively Tullamore, Letterkenny and Mullingar who see fewer numbers of patients are better staffed (24,000 to 28,000 presentations compared to 34,000 at Kerry General Hospital). The present staffing levels include a Locum Emergency Consultant [and] six Senior House Officers ... Five of these Senior House Officers work on a rota and there are no replacements by Locums when either of them are sick or on holidays. The result is that the department can be staffed by a single junior House [Officer] on various shifts during heightened activity translating to fatigue, stress and adverse outcomes for the patients. The patients are treated and discharged unchecked by a senior doctor. Junior doctors are being left unsupervised to deal with difficult and challenging patients and cannot reasonably be expected to deliver the same care that a highly trained and experienced doctor can deliver.

In conclusion, there is a major problem in Tralee. The problem is partly the present accommodation and accident and emergency department, but more especially staffing. I raised this matter five years ago, but the situation has not improved since. It is not fair on the people of Kerry that we should have to accept such conditions. I acknowledge the work of the nurses, the junior doctors and the locum consultant and their commitment and dedication to ensuring the service is maintained. However, these people are becoming frustrated. As I pointed out earlier, the original consultant, Dr. Sean O’Rourke, left, as did Dr. Pat Naidoo, who is now in a Dublin hospital. The current consultant is under considerable pressure due to staffing levels. It is just not acceptable.

Minister of State at the Department of Finance (Deputy Martin Mansergh): I am replying on behalf of the Minister for Health and Children, Deputy Mary Harney. The HSE has accepted the key recommendations of the Horwath-Teamwork review of acute services in Cork and Kerry, which proposed a single health care system for the region. A key principle is that, while no hospital in the region will close, all hospitals will fundamentally change the services delivered to their communities and how those services are provided as part of the region-wide delivery of health care. Professor John Higgins was appointed earlier this year as clinical director for the reconfiguration of services in the south and is addressing this task on a consultative basis. As part of the reconfiguration process, the HSE reviewed the organisation of regional emergency services. The review, published in November, was carried out by clinical staff and chaired by the director of emergency medicine for Cork and Kerry. Its recommendations, by clearly defining a regional emergency service, will allow for development of an integrated system with better response times, improved medical outcomes and patient experiences, and a resource base focused on need. Due to the specific demographic and geographic challenges in Kerry, the review recommends that the emergency department in Kerry General Hospital should continue to provide full-time emergency care as part of the Cork and Kerry network, connected by common procedures and practices, guided by the regional consultant team and with ICT links to the regional level 1 trauma centre at Cork University Hospital. 506 Medical 15 December 2009. Cards

Kerry General Hospital is the second largest acute hospital in the southern hospitals group. The emergency department had 34,230 patient attendances in 2008 and has had approximately 30,650 attendances so far this year. Approximately 70% of inpatients are admitted through the emergency department. Attendances are second only to Cork University Hospital, and there are no significant trolley waits. The emergency department currently comprises a locum emergency medicine consultant, six non-consultant hospital doctors, five clinical nurse managers and 19.1 whole-time equivalent staff nurses, as well as 24-hour clerical support and other non- nursing supports. A key policy objective of Government is to move from a consultant-led to a consultant- delivered service, with increased availability of senior clinical decision makers to treat and discharge patients. In this context the HSE is currently considering the filling of the vacant emergency consultant post in Kerry General Hospital on a permanent basis. I assure the House that the Executive is addressing the issue raised by the Deputy. It is confident, pending completion of the wider regional reorganisation to which I have referred, that it will be in a position to put in place the clinical resources to ensure that the emergency department at the hospital continues to meet the needs of the population.

Deputy Jimmy Deenihan: Chairman, with all due respect, I received a nearly identical reply this time five years ago. It is quite ridiculous.

Acting Chairman: The Deputy will understand that the Chairman can only chair the proceedings. However, I thank him for his contribution.

Deputy Jimmy Deenihan: Absolutely.

Medical Cards. Deputy Michael Ring: What is happening is disgraceful. People over 70 fully entitled to a medical card, when they submit their review forms with supporting information, find that they still have not received their cards months later. Several have received letters from their doctors to tell them their medical cards have been cancelled. A number of very upset people have contacted my office. These are people who were due for hospital admission or needed medical procedures but are refusing to leave home because they cannot afford the hospital bills and they cannot get their renewed cards. This is no way to treat the elderly in our society. It is an appalling situation that has been allowed to develop. The elderly are very frightened because the medical cards to which they are entitled are not being sent out to them. The Minister cannot blame the HSE. She has the responsibility for this. I demand that those cards be sent out immediately to alleviate the hardship and remove the fear from these people. I shall cite three cases. There is a 93 year old woman in the district hospital whose medical card expired at the end of October. She was given a temporary card until the end of November. Her daughter spent more than an hour and a half on the telephone to the HSE one day trying to get this matter resolved. The HSE says it could be some weeks before the medical card issues. Her family had been told that they will have to pay for their mother’s stay in the district hospital and they are not in a position to do so. An 84 year old woman has waited three months for her medical card. She needs hospital treatment, yet is refusing to be admitted until such time as she has her card, as she is afraid she will have to cover the medical expenses. Her daughter telephoned the HSE nine times and on one occasion was left 18 minutes on hold. On another occasion she was left holding for a full ten minutes. 507 Medical 15 December 2009. Cards

[Deputy Michael Ring.]

An 85 year old woman, who has spent most of the year in hospital and has several more operations to undergo, has told her family she will not attend for any further surgery until she receives her medical card. Yesterday, I wrote to the Minister for Health and Children because I knew she would not be here tonight nor any of her Ministers of State, which is a disgrace in itself. I also wrote to Professor Brendan Drumm. I tell Dr. Drumm and the Minister that this is an outrageous situation where people over 70 are worried and frightened, because the HSE removed this service from every county and centralised it in Dublin. It is now on a go-slow and unable to cope with the workload. I am calling on the Minister tonight to bring the services back into the regions and the counties where there was no problem before, and not have elderly people frightened. I call on the senior citizens to march as they did a year ago, to ensure that elderly people aged 70 and over get the medical card to which they are entitled. It is a disgrace, an attack on the elderly and I am disappointed there is not a Minister or Minister of State present from the Department of Health and Children. How can this be sorted when they are not here to listen to what is going on?

Deputy Martin Mansergh: I will take the adjournment on behalf of my colleague, Deputy Mary Harney, Minister for Health and Children. Under the Health Act 2008, the income thresholds for entitlement to a medical card for persons aged 70 or over is \700 gross per week for a single person and \1,400 gross per week for a couple, effective from 1 January 2009. All existing medical card holders aged 70 or over are now required to undergo a means assessment. Under this assessment they are required to complete a simplified review form, and provide up-to-date evidence of their income. To date this year, 26,713 reviews in respect of persons aged 70 years or over and their dependants have been received in the HSE’s central office. Some 22,726 — 85% — of these have been completed with eligibility confirmed to the client. Additional information has been requested from 3,194 persons — 12% — who did not provide the required information or evidence. Some 735 persons -2.8% — are currently going through the assessment process, 58 people — 0.2% — lost eligibility as their current income is above the income thresholds and 85% of the completed reviews, where all the relevant information was supplied, were completed within 20 days, with 95% completed within 30 days. The HSE has indicated that it has no control over delays where relevant information is not provided but it has confirmed that when the required information is received the review is processed without further delay. The Deputy will also be aware that under its 2009 service plan, the processing of all medical card and GP visit card applications will transfer to the HSE’s primary care reimbursement service, PCRS in Dublin. The initial phase of the centralisation process commenced in January 2009 with the PCRS processing all medical card applications for persons aged 70 or over. The second phase commenced in September 2009 with the transfer of the case load from two local health offices in Dublin city to the PCRS. The phased implementation will allow the situation to be continuously monitored and, if required, modified to address any issues arising. The PCRS has processed more than 63,000 medical card applications since the start of 2009. Centralising of the medical card application and review process is facilitating a number of enhancements to the level of customer service associated with these applications. The HSE has recently put in place a national on-line system to allow local health offices track the current status of applications in the PCRS. 508 Private Rented 15 December 2009. Accommodation

The HSE has also advised that it is in the final stage of the development of an on-line facility where clients or persons acting on their behalf can apply for a medical card on-line if they wish. It will be able to view the status of their medical card application on-line and if a mobile phone number is supplied with an application, updates by text message will be delivered to the applicant’s phone. The Department of Health and Children is in discussion with the HSE about putting in place a dedicated telephone number for Oireachtas members for inquiries about applications being processed by the PCRS. The Minister fully supports the HSE’s decision to centralise the medical card and GP visit card application and review process to one location. The HSE has advised that when fully implemented, this measure will ensure: improved turnaround time for the processing of applications — under the new arrangements, the Executive will aim for a turnaround time of 15 days or less for all medical card applications and emergency applications will be dealt with immediately with a card issuing within 24 hours; equitable application of eligibility across the country; consistency of service provision to customers; clearer lines of governance and accountability; and improved unified data. The Minister is satisfied that the reviewing of medical card eligibility on expiry or change of circumstances is a necessary process to allow the HSE maintain accurate database information and the best use of public resources. I have been asked to highlight that the number of persons with a medical card has increased by more than 316,000 since the start of 2005. More than 1.46 million people are now covered by the medical card. In addition, more than 95,900 people have a GP visit card.

Deputy Michael Ring: No disrespect to the Minister of State, but it has been a waste of time for me, coming in tonight. He did not dealt with the query I raised, namely, what was happening as regards the go-slow in the Department and what it was doing about it. I got the answer — nothing. I am calling on the elderly to march on the Minister for Health and Children’s office, to try and get this resolved. It is an attack on the elderly, and is outrageous.

Private Rented Accommodation. Deputy Michael Noonan: I thank the Minister of State for being here to reply. I am raising an issue in my constituency that I know has resonance in other constituencies as well, particularly in the cities and urban areas. A minority of tenants in private rented accommodation are causing havoc. Some of them are involved in criminal activity, others in anti-social behaviour and some are involved in unauthorised businesses such as car repair on the front driveway. Again, others will not even empty their rubbish and it is stacking up in back gardens. This is about a minority of tenants, who live in private rented accommodation. Many of my constituents believe it arises from the recent practice of the two local authorities in the city acquiring houses and renting them to people on the housing list, but this is not so. The local authorities vet their tenants well and have tenant officers who go around. Most importantly, they have a code of conduct. On the other hand, the HSE, which administers the rent allowance scheme simply carries out a means test and decides who is eligible for serious amounts of money and as soon as the rent allowance commences, that is the end of the matter. It washes its hands of all responsibility for the behaviour of its tenants and yet the amounts of public money being spent are very significant. This is unacceptable. In Limerick in 2008, rent allowance, taxpayers’ money, cost \20 million and more than 3,000 tenants were assisted. It is a minority of tenants who are causing trouble but it is not good enough for the State to give such sums of money for which there is no 509 Private Rented 15 December 2009. Accommodation

[Deputy Michael Noonan.] recourse when people come into neighbourhoods and cause havoc. It is not fair to the residents. All they want is for people to behave as neighbours should do — living normal lives, sending their children to school, and not being involved in anti-social behaviour or criminal activity. That is all that is required. There is now an opportunity to act because the Government has decided to transfer responsibility for rent allowances from the HSE to the Department of Social and Family Affairs. I am glad it has done so and I fully support that decision. However, there is an industrial relations problem of which the Minister, Deputy Mary Hanafin, has informed me. She says she hopes it will be resolved early in the new year. When the Minister takes over responsibility for administering the rent allowance scheme, she should put in place a code of conduct for tenants. It would be very simple as there are such models in every local authority in the country in respect of their own tenants. A similar code of conduct should be applied to persons in receipt of rent allowance. If they do not comply with the code of conduct, the rent allowance should be taken from them by discontinuing payment. That kind of sanction would ensure good behaviour in neighbourhoods. It would do more than community gardaí are currently doing to ensure that anti-social behaviour, minor and major criminal activity was stopped in rented houses. The private rental sector is vital to the economic and social life of the country, and particularly in cities. Private landlords provide an essential service and I am not criticising them in any way. However, it is not enough for the HSE to say that this is a matter for the landlord and tenant, as it is providing the money and cannot interfere. This must be changed. It is essential that, when the Minister takes it over, a condition will apply involving a code of conduct similar to that which pertains to local authority tenants who apply for eligibility for rent allowances from the HSE. The Acting Chairman, Deputy Charlie O’Connor, is nodding in agreement with me. I know well that in parts of his constituency what I am saying is ringing a bell with him. I am referring to exactly the same situation, which is unfair to neighbourhoods and everyone concerned. I believe in mixed housing and have no problem with it. Many of my neighbours originated in corporation estates in the city. They are the finest people I ever met. My children played with theirs and they were great friends, but that is not the issue. The issue is that if people come into a neighbourhood under a subsidised State scheme, the least one could expect is that there would be a normal code of behaviour. The Government will be negligent if it does not take this opportunity to put in place such a code of behaviour now that the Department of Social and Family Affairs is taking it over. Deputy Mary Hanafin is a progressive Minister, but she missed the point when I tabled a question about this recently. Her reply explained all about the industrial relations problems, although the issue concerns a code of conduct attached to the eligibility for a rent allowance. If people do not comply with the code, the rent allowance should be discontinued. It is a less onerous code than that which applies in local authorities. In the local authority system one must comply under pain of eviction. I am simply saying that one should no longer get the allowance for private rented accommodation.

Deputy Martin Mansergh: I also recognise the problems described by Deputy Noonan. I am taking this Adjournment matter on behalf of the Minister for Social and Family Affairs. The community welfare service, CWS, administers the supplementary welfare allowance scheme, SWA, which includes rent supplement on behalf of the Department of Social and Family Affairs. In February 2006, the Government decided, inter alia, that the CWS should be transferred to the latter Department. Provision has been made in the Social Welfare and Pensions Acts 2007 and 2008 for the transfer of the administration of the SWA scheme from the HSE to the Department. These provisions are subject to a commencement order. 510 Private Rented 15 December 2009. Accommodation

There are significant benefits to be achieved in transferring the administration of the SWA from the HSE to the Department. The Government’s priority is to ensure that the transfer is managed in a well-planned and efficient manner, and that a high standard of service to the public is maintained during the transition. The transfer will alleviate pressure on the HSE and facilitate it in concentrating on its core health and personal social service functions. The transfer will not lead to any changes in the exercise of discretion by community welfare officers when dealing with applications for the supplementary welfare allowance. The flexibility and responsiveness which is inherent in the scheme will remain. This flexibility and responsiveness have been very much in evidence in the role community welfare officers have played in providing financial assistance to persons who have been affected by the recent flooding crisis. In Clonmel, the system certainly worked outstandingly well. The current transfer proposals involve the community welfare service transferring to the Department initially as a separate branch with its own management structure. The staff involved will change status from public to civil servant. Full integration with the Department’s regional and headquarters structure would take place within a defined period. A transition phase of no more than two years is envisaged. The integration of the community welfare service into the Department will mean that all income maintenance schemes will be managed and delivered within one entity. This will provide opportunities in the medium to longer term for enhanced customer service, achievement of efficiencies, co-ordinated control mechanisms and elimination of duplication of effort, with consequential savings to the Exchequer and better outcomes for users of social welfare services. The transfer programme is fully consistent with the broader proposals for public service reform being considered following the 2008 OECD study. The transfer of the CWS, in particular, will demonstrate the dismantling of existing barriers to allow movement between the public and civil service. A considerable amount of preparatory work to allow for the transfer has been completed, but progress has been stalled due to industrial relations issues. Following consultation between the Department and health sector management, the Labour Relations Commission was asked to intervene. The first meeting of the parties took place in the LRC on 22 September 2009 and a number of meetings have taken place since then. Further meetings are planned for January 2010. The management side’s intention is to reach a collective agreement with the unions as soon as is practical, so that the transfer can be implemented as early as possible in 2010. Discussions have also taken place with the unions representing staff in the Department concerning the transfer proposal. There are no plans for a specific review of the rent supplement scheme when the administration of the SWA scheme transfers to the Department. However, the operation of the rent supplement scheme will continue to be monitored on an ongoing basis. Rent supplement is payable to people who are unable to meet the cost of renting private accommodation, and is intended as a short-term support. There are currently over 92,400 people in receipt of rent supplement, an increase of almost 25% since the end of December 2008. Over half of rent supplement recipients have been in payment for more than one year, while over 32,000 or 35% have been in payment for 18 months or more. The rental accommodation scheme, RAS, which was introduced in 2004, gives local authorities specific responsibility for meeting the longer term housing needs of people receiving rent supplement for 18 months or more. Over 23,400 households have been transferred from rent supplement to RAS units or social housing since 2005. The Department is committed to working closely with the Department of the Environment, Heritage and Local Government in ensuring that the rental accommodation scheme meets its 511 Relocation of 15 December 2009. VEC Centre

[Deputy Martin Mansergh.] objective of catering for those on long-term rent supplementation, while enabling rent supplement to return to its original role of a short-term income support. With regard to anti-social behaviour, tenancy arrangements involve a contract between the landlord and tenant. Tenant behaviour in private rented accommodation is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board and-or recourse to the Garda Síochána and-or the courts concerning enforcement of the law on anti-social behaviour. If necessary, the landlord may seek termination of the tenancy which, if effected, would result in the termination of rent supplement. There are no plans to make changes to the social welfare legislation in this regard.

Deputy Michael Noonan: That does not answer the issue. The officials who drafted that reply are still missing my point. There is a code of conduct for local authority tenants, but there is no such code for people in receipt of large amounts of rent allowance. A code of conduct should be attached, but the reply as drafted totally misses the point. One can get bad landlords and bad tenants, but as long as landlords keep getting the money from the HSE, they are happy and there is no intervention.

Deputy Martin Mansergh: I understand the point the Deputy is making and I realise that my reply only partially addresses the issue he has raised.

Deputy Michael Noonan: Will the Minister of State pass the matter on to the Minister?

Acting Chairman: I apologise to both the Minister of State and Deputy Noonan that there is no provision for me to allow a continuing debate on this matter.

Relocation of VEC Centre. Deputy Mattie McGrath: I hope the Acting Chairman will have more latitude towards the discourse between the Minister of State and myself. We are both constituency colleagues, so we can continue the discussion afterwards.

Acting Chairman: Outside.

Deputy Mattie McGrath: Yes. I thank the Acting Chairman for the opportunity to raise this matter. I am pleased that my constituency colleague the Minister of State with responsibility for the Office of Public Works, Deputy Martin Mansergh, is taking this Adjournment matter. In May 2009, the OPW announced in a press release that the old labour exchange building, located in Dillon Street, Clonmel, was being transferred to the VEC for use as the adult literacy headquarters. We are still waiting for the final go-ahead to begin this move, however. I know it has not been a long wait and that the Minister of State is doing what he can to help the move proceed. However, I am bringing it to his attention today because of a small tragedy in our current offices last weekend. We had several issues with flooding previously and I thank Deputy Mansergh for his efforts in that regard and thank the OPW and 11 o’clock the contractors involved in improving flood defences in Clonmel. However, this time the water came from on high. The VEC office is in a rented building and as a result of some accident in the floor above the building was flooded. This resulted in significant damage and devastation. The old labour exchange building is available as it has been idle for some time. It is a good solid building. The Minister of State, Deputy Haughey visited it some time ago and saw that for himself. We are anxious to move into that building, even though it has not yet been renovated, but Rome was not built in a day. Moving into the building in 512 Relocation of 15 December 2009. VEC Centre

Dillon Street would bring about a cost saving for the VEC as it currently pays \20,000 a year to rent the building it is in. This building now needs repair, but this is a difficult time of the year for repairs. We would pay back the estimated \200,000 cost of upgrading the building over a number of years. It is a fine solid structure and could be improved little by little over time. The savings of \20,000 per annum would go a long way towards the work. Our adult literacy service in south Tipperary is highly rated nationally. We have won adults continuing education, ACE, awards and have been short-listed for this year’s Aontas star awards for the Munster region. We believe more permanent premises would help us maintain and improve the quality of service we offer. The adult literacy service assists more than 600 learners in south Tipperary. Approximately 350 of these attend classes in Clonmel. Space is a major issue and we need larger premises to accommodate adults who need help in basic reading, writing and numeracy. The new premises we expect to acquire with the help of the Minister of State are only 150 yards away from the current headquarters on the Mall in Clonmel. The premises is in a good, central location in the town. Who wants to rent a building when a building of one’s own is available? The labour exchange building would help us further develop services and provide a welcoming venue for students. I look forward to hearing a favourable reply from the Minister of State and to his co-operation in the matter. I am sure he and I will have many more discussions with colleagues in order to progress this venture. It would be a lovely Christmas present if we could have access to the premises for the new year.

Deputy Martin Mansergh: I am taking this Adjournment matter on behalf of my colleague, the Minister of State at the Department of Education and Science, Deputy Seán Haughey. I have some responsibility in the area, but mine is separate from that of Deputy Haughey’s. The Deputy might be amused to know that some civil servants thought I might be nervous about responding to him, but I have no hesitation in dealing with the issue, even if it is not 100% good news. Adult literacy continues to be a priority within adult and further education. Between 1997 and 2008, annual funding for adult literacy increased from \1 million to \30 million. The increase in annual funding has enabled the annual number of participants to increase from 5,000 in 1997 to almost 50,000 in 2008. This is a clear demonstration of the importance the Government places on adult literacy. The challenge we face now is to consolidate this significant investment to ensure long-term sustainability. In this regard, it should be noted that the 2009 allocation has been maintained at a similar level to that of 2008 and despite the difficult economic situation, the adult literacy provision for 2010 will be maintained at a similar level to 2009. Adult literacy encompasses skills like reading and writing, spelling and numeracy. However, it has expanded to include other key competencies like personal development, learning to learn and IT skills. These basic skills are of fundamental importance to our country as we seek to upskill and reskill. We need to prepare ourselves for the future by equipping ourselves with the skills of tomorrow. By promoting good literacy, numeracy and basic ICT skills, we will help our people engage with these challenges and face the future with resolve and confidence. Having given awards at some FETAC ceremonies, I have seen the satisfaction of people who have completed a course that has helped not only their personal progression but also the contribution they will be able to make to the community. Our efforts to encourage and support all means of increasing literacy levels and basic education throughout the country help to promote equality of opportunity, which is a foundation stone of education philosophy. It is of utmost importance that those who may not have been lucky enough to be in a position to avail of the educational opportunities earlier in life, particularly our older population, are provided with a means to take advantage of a second chance. 513 The 15 December 2009. Adjournment

[Deputy Martin Mansergh.] Despite our difficult economic situation, there has never been a better opportunity to return to education, be it in a part-time or full-time capacity. Across the country, learners are embrac- ing and engaging in adult and further education in ever increasing numbers. The VECs are a key player in this regard through their nationwide network of services providing a broad range of literacy opportunities to learners everywhere. The need to address adult literacy was highlighted in 1997 through the results of an international survey. In that regard, the Deputy will be aware that Ireland will participate in a new international survey, the programme for the international assessment of adult competencies, PIAAC. The PIAAC is an international survey of adult literacy, numeracy and skills which is being organised by the OECD. Ireland’s participation will be funded jointly by both the Department of Education and Science and the Department of Enterprise, Trade and Employ- ment. The survey will be conducted in Ireland by the Central Statistics Office. The PIAAC will be an important source of information for informing future policy in this area and results should be available in 2013. With regard to the specific issue raised by the Deputy, the Department of Education and Science is aware of the development proposed by south Tipperary VEC for its adult literacy service in Clonmel. I take this opportunity to pay tribute to the dynamism and competence of the south Tipperary VEC and its leadership. The VEC received approval from the OPW to take a lease on the old social welfare building in the town, but there are still some issues. I am actively pursuing those issues so that possession of the building can be taken with security for the future. The VEC applied to the Department of Education and Science for funding to refurbish the building. Unfortunately, due to resource constraints, the Department was unable to respond favourably to the request. In 2008, the Department provided funding of over \450,000 to south Tipperary VEC, which enabled 560 learners to access adult literacy tuition. In 2009, that funding was maintained at similar levels. I would like to thank the Deputy again for raising this issue and providing me with an opportunity to outline the Government’s commitment to adult literacy nationwide. Naturally, we will work together as colleagues to try to get around any difficulties or obstacles that present.

The Dáil adjourned at 11.10 p.m. until 10.30 a.m. on Wednesday, 16 December 2009.

514 Questions— 15 December 2009. Written Answers

Written Answers.

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

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Questions Nos. 1 to 7, inclusive, answered orally.

Questions Nos. 8 to 27, inclusive, resubmitted.

Questions Nos. 28 to 34, inclusive, answered orally.

EU Treaties. 35. Deputy Catherine Byrne asked the Minister for Foreign Affairs his views on the report on the implementation of the Lisbon Treaty provisions on the enhanced role for national parliaments of the joint committees on European affairs and European scrutiny; and if he will make a statement on the matter. [46840/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I welcome this report which contains a series of recommendations designed to enable the Houses to exercise their new powers under the Lisbon Treaty. I was happy to support the motion approved last week by this House which gives effect to a number of these recommendations. I am glad that arrangements are now in place which correspond to the powers laid out in S. 7 of the European Union Act 2009, the Act that brings the Lisbon Treaty into our domestic law. These cover Oireachtas interventions on grounds of breach of subsidiarity and in some limited areas of Treaty revision. I fully appreciate that these are interim arrangements which will apply until the summer recess. During the intervening period, I understand the two Joint Committees intend to conduct a comprehensive consultation on the future role of the Houses of the Oireachtas in EU affairs and the permanent structures which should be put in place to enable the Oireachtas to engage more effectively on EU affairs. I note that the Committees intend to consult widely with key stakeholders, including the Government, as part of that review process. I welcome this initiative and I would be happy to participate in these consultations in due course. I do not wish in any way to pre-empt the Committees’ review process but, as members of this House will be aware, prior to each Council meeting I attend before the Joint Committee on European Affairs where we have had a number of useful conversations on the role of the Oireachtas generally in EU affairs. At a recent such meeting, I told the Committee that Ireland needs to develop a more strategic engagement with the EU in the months and years ahead. 515 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] That will involve an intensification of engagement with our EU partners on a range of issues such as climate change, energy security and the global economy. The Oireachtas has an important part to play here and I hope the forthcoming review by the Joint Committees will lead to structures and arrangements which facilitate that role. It is not for me to prescribe any particular approach as to how the Oireachtas should engage with the EU from here onwards: that is a matter for the Oireachtas to judge. However, the particular arrangements proposed in this Report by the Joint Committees for dealing with the subsidiarity issue appear sensible to me and I support them. As the Oireachtas undertakes its new role in EU matters in the coming months, my Depart- ment, in its coordinating role on EU matters, is ready to offer full cooperation and assistance to the Oireachtas and its European committees. The Department has already been in contact with all other Departments to ensure that every assistance is given to the Oireachtas in meeting the tight timelines for its new subsidiarity powers, as set out at Recommendation no. 5 of the Report. I am convinced that the effective exercise by the Oireachtas of its new role under the Lisbon Treaty will be an important contribution to the good functioning of the Union and to spreading a wider and more informed awareness in Ireland of EU developments and their relevance to us.

Seabed Sovereignty. 36. Deputy Billy Timmins asked the Minister for Foreign Affairs the changes that have been made to the seabed sovereignty; and if he will make a statement on the matter. [46824/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The United Nations Law of the Sea Convention permits each state with a coast to claim a continental shelf of 200 nautical miles from its coastline, subject to the right of neighbouring coastal states. Beyond the 200 mile limit, continental shelf rights may be claimed only in accordance with rules set out in the Convention. Ireland claims continental shelf extending beyond the standard 200 nautical mile entitlement both to the west and to the south of the country. The Convention requires that these claims must be examined by the UN Commission on the Limits of the Continental Shelf. For the purposes of our claims we have divided the extended shelf into three sectors. The first sector is to the south-west of the country near the Porcupine Abyssal Plain, an area which is approximately half the size of the State’s land territory. It was the subject of Ireland’s first submission to the Commission. The Commission issued recommendations in 2007. These confirmed Ireland’s entitlement in this sector and set out details of where the new outer limit there should be established. The area involved is approx. 39,000 square kilometres, which is a very satisfactory outcome. The Government made an Order under the Continental Shelf Act 1968 on 31 March last which formally establishes the area concerned as Irish continental shelf. The second claim is in the Celtic Sea, where there are unresolved boundary issues with the UK, France and Spain. The four countries made a joint submission for this 80,000 square kilometre area in 2006. Last March the UN Commission confirmed this claim and the question of establishing bilateral boundaries in this sector is now under consideration by the four countries. Ireland also claims part of the Hatton-Rockall Area of the North-East Atlantic, which extends up to 500 nautical miles from the coast. There is an agreed Ireland-UK boundary here but it is not accepted by Iceland or Denmark/the Færoe Islands, which make their own claims. The four have met regularly since 2001 in an effort to resolve the overlapping claims issue but to date have been unable to reach agreement. The Convention rules required that Ireland lodge its claim with the Commission by May of this year and this was done at the end of March. 516 Questions— 15 December 2009. Written Answers

While the Commission’s rules of procedure prevent consideration of this submission without the consent of all the states concerned, its lodgement at this time stops the clock on the deadline and preserves Ireland’s legal position. In the meantime, the four states intend to keep the matter under regular review and we will continue to work for the creation of conditions that will permit consideration of the submission by the Commission as soon as possible.

Human Rights Issues. 37. Deputy Kathleen Lynch asked the Minister for Foreign Affairs his views on plans for a reported general election in Sri Lanka in January 2010; if the European Union proposes to send observers for this election; and if he will make a statement on the matter. [46859/09]

67. Deputy Kathleen Lynch asked the Minister for Foreign Affairs his views on ongoing concerns surrounding the welfare of internally displaced persons being held in camps in the north of Sri Lanka, mainly in the Vavuniya area. [46860/09]

76. Deputy Jan O’Sullivan asked the Minister for Foreign Affairs his views on the need for an inclusive reconciliation and peace process to be initiated in Sri Lanka and the assistance the United Nations and other international bodies will be able to offer. [46861/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 37, 67 and 76 together. President Rajapakse has announced that elections will be held on 26 January 2010, two years ahead of schedule. Candidatures are being accepted up until 17 December. At the moment, the front-runners are considered to be President Rajapakse himself and former General and Chief of Staff, Saratha Fonseca, who played a major role in the defeat of the LTTE. President Rajapakse has given as one of his main reasons for bringing forward the date of the elections his wish to provide the Tamils in the north of the country with an opportunity to exercise their right to vote and to elect candidates to represent them. While this is indeed a desirable objective, there are likely to be considerable logistical challenges arising from the decision to mount an election campaign at this time. Up until recently, over 280,000 Tamils in the north of the country were being held in camps under very poor conditions. Although around 130,000 have recently been released, many are returning to villages where their homes have been destroyed or to nearby areas where facilities are very limited and arrangements for their return are chaotic. In view of the serious humanitarian crisis in the affected areas, Irish Aid has provided funding of \308,000 for emergency response through NGO partners, to include emergency medical and nutrition support, the provision of shelter, and distribution of food and non-food items. In addition, a member of Irish Aid’s Rapid Response Corps was deployed to Sri Lanka to assist in the emergency response effort of the UN Refugee Agency (UNHCR). The Government will continue to monitor closely the humanitarian situation in northern Sri Lanka and the possible provision of additional emergency funding is being kept under review. Conducting voter registration and the rest of the electoral process in such an environment is clearly problematic. In such a difficult environment, and with such a short time-frame, it will be very difficult for potential candidates in the Tamil north to mount campaigns and communicate with the voters. Despite these issues, the elections are going ahead and their outcome will have important consequences for the all the people of Sri Lanka. However difficult the circumstances may be, the elections present an opportunity to begin the process of overcoming the divisions of the past and moving on to genuine reconciliation. It is vital that this opportunity is seized by all involved in the election. The election will have to be followed by the initiation 517 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] of a genuine process of dialogue and reconciliation with a view to securing sustainable peace for all the people of the island. Such a process should involve the UN and others in the international community. Without reconciliation there can be no return to long-term security or prosperity for Sri Lanka. Given the short notice of the forthcoming elections, the European Commission has indicated that it is not in a position to deploy an EU election observation mission on this occasion. Had such a mission been organised, Ireland would have been prepared to make a contribution. As regards the current situation in relation to the internally displaced people in the Vavuniya region, the release last week of 130,000 Internally Displaced Persons (IDPs) is indeed welcome, given the conditions in which they were living and the human rights abuses which were reported. The exact number of those remaining in camps is not known but is estimated to be in the range of 100,000. Greater freedom of movement for these people has been promised and the authorities have stated their intention to release all detainees and close the camps by 31 January 2010. Concerns remain, however, not only about those who remain in the camps, but also regarding the welfare of those who have been released. The Army has cleared most of the conflict zone area of mines, but many of the returnees’ homes have been destroyed and they are homeless. As access by non-governmental organisations to the north and east of the country remains very restricted, their ability to help with the resettlement of the IDPs is limited, and reporting on what is happening with regard to the returnees is slim. I call on the Sri Lankan authorities to allow the relevant NGOs free access to all areas and all displaced persons in need of assistance. The EU is monitoring the situation as closely as it can. We would like to step up our dialogue with the Sri Lankan Government in order to convey more clearly our concerns and expectations and to discuss ways in which the EU can support reconstruction and reconciliation.

Foreign Conflicts. 38. Deputy Róisín Shortall asked the Minister for Foreign Affairs if he will give an update on the situation in Honduras. [46856/09]

Minister for Foreign Affairs (Deputy Micheál Martin): On 29 November, Presidential elections took place in Honduras. The centre-right National Party candidate, Porfirio Lobo, was declared the winner with approximately 55% of the vote and will take office on 17 January. These elections took place against the backdrop of the ongoing military coup, which saw Pres- ident Manuel Zelaya forcibly transported to Costa Rica on 28 June and Roberto Micheletti declared interim President. Efforts to resolve the situation were led by the Organisation of American States (OAS). Since the beginning of this crisis, the EU has firmly and publicly supported these mediation efforts and has called repeatedly for a peaceful negotiated solution. A settlement was finally reached when, on 30 October 2009, the Tegucigalpa-San José Accord was signed. Regrettably, this Accord has not been fully implemented. In addition, the elections took place under abnormal circumstances given that President Zelaya was unable to leave the Brazilian Embassy in Tegucigalpa, where he has been seeking refuge since 21 September and given that there were restrictions on freedom of expression, including in the media and freedom of assembly. However, it must be noted that the elections were a significant step forward in solving the crisis in Honduras. It has been reported that President-elect Lobo has called for national reconciliation and has started work on the formation of a Government of National Unity and the formation of a Verification Commission, as set out in the Tegucigalpa-San José Accord. It has also been reported that the Dominican Republic is seeking to bring President Zelaya and 518 Questions— 15 December 2009. Written Answers

President-elect Lobo together for discussions on how to resolve the crisis. I would welcome any action which seeks to re-establish constitutional and democratic order in Honduras. Ireland and the EU remain firmly committed to a solution brokered by Honduras’ neighbouring states and which fully respects the rule of law, good governance and human rights.

Overseas Development Aid. 39. Deputy David Stanton asked the Minister for Foreign Affairs the amount of the overseas development aid budget for 2010 being spent on the three priority areas identified by the hunger task force; and if he will make a statement on the matter. [46647/09]

78. Deputy Bernard Allen asked the Minister for Foreign Affairs his plans for implementing the recommendations of the hunger task force in 2010 and subsequent years; the proportion of the 2010 overseas development aid budget being directed at implementing the recommendations; and if he will make a statement on the matter. [46646/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to take Questions Nos. 39 and 78 together. The Government is committed to giving effect to the recommendations of the Report of the Hunger Task Force, which it commissioned and which was launched by the Taoiseach at the United Nations in New York in September 2008 in the presence of the UN Secretary-General Ban ki-Moon. In particular, we are concentrating on the three specific thematic areas identified in the report, namely:

• Supporting smallholder agricultural productivity in Africa;

• Targeting maternal and infant under-nutrition; and

• Promoting greater international leadership and action in tackling global hunger.

By addressing these three priorities I am confident that we will make an effective contribution to reducing world hunger, and I am very happy to report that we are making good progress in this respect. We are currently allocating significant resources to the fight against global hunger by supporting programmes and projects which directly or indirectly address hunger reduction. In particular, we have undertaken to direct up to 20 percent of our Overseas Development Assist- ance (ODA) spending to hunger-related actions by the end of 2012, and we are well on track to meeting this target, even in the current challenging budgetary situation. A reorientation of the aid programme is underway and will continue in the years ahead as we focus increasingly on hunger reduction and associated sectors across our aid programme and as we appraise programmes through a “hunger lens”. We will of course ensure that our hunger actions are well coordinated with other key priorities such as the fight against HIV/AIDS and the promotion of good governance and access to education and health. A Hunger Unit is established within the Department and has been tasked with the coordination of Irish Aid’s response to the key recommendations of the Task Force. In addition, the Special Envoy for Hunger, Mr. Kevin Farrell, is reviewing Irish Aid programming and advising on how Irish-funded programmes can achieve their full potential in reducing hunger. We are determined to make a difference on the ground in reducing hunger and we continue to advocate for sustained action by the international community to eradicate this scourge once and for all.

Global Irish Economic Forum. 40. Deputy Billy Timmins asked the Minister for Foreign Affairs the composition of the new Global Irish Network; and if he will make a statement on the matter. [46825/09] 519 Questions— 15 December 2009. Written Answers

Minister for Foreign Affairs (Deputy Micheál Martin): One of the main objectives of the Global Irish Economic Forum was to examine ways in which Ireland and its global community could develop a more strategic relationship with each other, particularly in the economic sector. A key recommendation of the subsequent Report of the Forum, published by the Government on 13 October, was the establishment of a new Global Irish Network. This initiative will formal- ise the relationship that developed at the Forum among those highly influential figures who attended and who now feel that they have a stake in delivering renewed economic growth in Ireland. The Network will also provide the means of further developing the strategic engagement of the global Irish community with affairs in Ireland while simultaneously giving greater focus to our economic and cultural work abroad. Furthermore, I am confident that the Network will serve to maintain the positive momentum that was generated at Farmleigh. The Network will, in the first instance, be composed of those who were invited to attend the discussion at Farmleigh. In addition, I have requested that each of our bilateral Missions abroad propose additional members of the Diaspora, or individuals with a strong affinity to Ireland, that would also be suitable for inclusion in the Network. The focus remains on those individuals with strong experience in the business sector. This process is still ongoing and the final composition of the Network has yet to be decided. I expect to be in a position to make a public announcement on its formation in early 2010. More broadly, I am pleased with the significant progress already achieved in taking forward the work begun at Farmleigh. The Government has established a new inter-Departmental Committee, chaired by the Secretary General of the Department of Taoiseach, to consider the proposals and monitor progress across Departments. The Committee has begun its work and will report to Government early in the New Year. One of the main themes to emerge from the attendees was the importance of Irish Culture to the image of this country abroad. I was therefore pleased to announce on 7 December that funding of \2.3million is being provided by my Department for a new landmark Irish Arts Centre in New York as a key outcome of the Forum. I have also recently allocated $250,000 to support the work of the Irish Technology Leadership Group in California and the establishment of an Irish innovation centre there — two specific recommendations that emerged from the Forum. Other ideas which are being actively progressed include: the Gateway Ireland portal, which would serve as a key online focus for promoting Ireland abroad and engaging with our global community; an expanded educational exchange and scholarship programmes to increase engagement with younger generations; and an overseas graduate placement programme. I am aware that a number of other Departments are also taking forward initiatives suggested at Farmleigh. I am similarly encouraged by the fact that significant work has already been undertaken by participants themselves on a number of projects that are more suitably advanced by the private sector.

Nuclear Proliferation. 41. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs his views regarding Iran’s nuclear plans; if he supports the proposal for United Nations sanctions; and if he will make a statement on the matter. [46812/09]

52. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs his views on the recent announcement by the Iranian Government that it intends to build ten new uranium enrichment plants; the response of the European Union; and if he will make a statement on the matter. [46857/09]

520 Questions— 15 December 2009. Written Answers

269. Deputy Michael D. Higgins asked the Minister for Foreign Affairs the position regarding discussions between the International Atomic Energy Agency and the Iranian Government. [47176/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 41, 52 and 269 together. I am deeply concerned by the Iranian Government’s announcement on 29 November that it intends to build ten new uranium enrichment plants, in a major extension of Iran’s nuclear programme. This is especially disappointing given the high level of engagement on the part of the E3+3, the EU generally and the International Atomic Energy Agency (IAEA) in efforts to achieve a resolution of the long-standing nuclear dispute with Iran. The substantive talks in Geneva on 1 October and the subsequent IAEA inspection of the newly revealed facility at Qom raised hopes that progress was possible. An interim deal, which would have involved the transportation of Iranian low-enriched uranium to Russia and France for necessary refinement before being returned to Iran for medical use in an IAEA-approved facility, seemed close to agreement. It is greatly to be regretted that Iran seems to have backed away from its initial readiness for such an agreement and that it has instead consciously chosen to signal its intransi- gence with this new announcement. It is important to recall that Iran has no nuclear power station, either existing or in development, in which to use the uranium it is already enriching. It is therefore very difficult to see how ten further enrichment plants can be part of a civilian power programme. The secrecy with which the second plant at Qom was constructed has also heightened fears about Iran’s intentions, especially among Iran’s Gulf neighbours. These concerns are shared by the Board of Governors of the IAEA, who passed a resolution strongly criticising Iran on 27 November. The resolution urged Iran to comply fully and without delay with its obligations. The resolution also noted that Iran had constructed an enrichment facility at Qom in breach of its obligation to suspend all enrichment-related activities, and that its failure to notify the Agency of the new facility until September 2009 was inconsistent with its obligations under its Safeguards Agreement. Any attempt by Iran to build more uranium enrichment plants would clearly be a further breach of existing UN Security Council Resol- utions calling on Iran to halt all its enrichment activities. The EU has been actively engaged with the Iranian authorities since 2004 in trying to reach a satisfactory resolution of the Iranian nuclear issue. This EU commitment was repeated in the Declaration on Iran which was issued by the European Council last week. An intrinsic element of this approach has been the need to introduce progressively stronger measures which might persuade Iran to reconsider its position. This need is reinforced by the continuing refusal of Iran to comply with its obligations under both IAEA and UN Security Council Resolutions and by the current stalemate in the negotiations. Consistent with this dual-track approach, the Council Declaration stated that the Union would support action by the UN Security Council if Iran continues to ignore its obligations. In line with our consistent support for the efforts of the E3+3, Ireland has always made clear that, in the event of continuing non-compliance by Iran, we could contemplate the adoption of further restrictive measures against Iran. Our strong preference would be for this to be agreed at UN level. If this cannot be achieved, we would be ready to support EU action. The priority for Ireland and our EU partners remains that of achieving through diplomatic negotiations a lasting and stable solution to this most sensitive of current international issues, one which also impacts significantly on the wider Middle East region.

521 Questions— 15 December 2009. Written Answers

International Relations. 42. Deputy Damien English asked the Minister for Foreign Affairs the composition and role of the Ireland-US Leadership Council; and if he will make a statement on the matter. [46822/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The establishment of the Irish American Leadership Council is one of the central recommendations of the Ireland-U.S. Stra- tegic Review, which was launched by the Taoiseach in March. The Irish-U.S. relationship is of enormous importance and benefit to both countries. The Taoiseach believed that we needed to take a fresh look at how we are managing our relationship with the US and our community here. The Review was also written against a backdrop of emerging grave economic challenges. The Government recognises that we have a very special relationship with the US and that we need to give it priority and special attention. The Review was conscious of the success in the NI peace process and the opportunity this gives us to build a new platform for the future. It also focused heavily on the economic, cultural and educational aspects of our relationship and how we can develop these even further. The Government is very supportive of the recommendations contained in the Review and we are moving to implement them. To that end, I recently chaired the inaugural meeting of the Ireland-US Leadership Council during my visit to the United States in October. I chaired the inaugural meeting of the Irish-American Leadership Council in New York on 16 October 2009. Some 29 organisations in total attended the meeting, including representatives from business, community and culture who travelled from Washington DC, Houston, Chicago, Atlanta, Boston, Philadelphia as well as others based in New York. I have placed a list of the organisations represented at that first meeting in the Dáil library, for the information of Deputies. It is intended that the Council will be a point for collective consultation and advice for the Government across a wide spectrum of issues of interest to the Irish American community and the Government. We discussed the importance of engaging with the new generation of Irish Americans and indeed, with Irish citizens who have more recently located to the U.S. At that first meeting of the Council, I briefed the Council on the discussions that had taken place at the Global Irish Economic Forum, which took place at Farmleigh the previous month. We identified the promotion of education and culture as measures which would assist in the development of economic growth. I also took the opportunity to acknowledge the significant role played by the United States in the Northern Ireland peace process and urged continued support for efforts aimed at developing long-term reconciliation between the two communities.

Overseas Development Aid. 43. Deputy Tom Hayes asked the Minister for Foreign Affairs his plans in respect of overseas aid funding for each of the core programme countries in 2010 and subsequent years; his views on guaranteeing that there will be no further cuts in the overseas development aid budget allocated to these countries in the lifetime of this Government; and if he will make a statement on the matter. [46644/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): The Govern- ment provides assistance through the aid programme to over ninety countries worldwide. Nine have been designated as Programme Countries, where we have a commitment to long term strategic assistance. These are Ethiopia, Lesotho, Malawi, Mozambique, Tanzania, Uganda, Zambia, Vietnam and Timor Leste. The development objectives for each of the Programme Countries are outlined in agreed country strategy papers, typically covering a period of five years. In recent years, Ireland and other donors have moved towards a more programmatic 522 Questions— 15 December 2009. Written Answers approach to aid, aligned with the national planning of partner countries. Priorities and strategies for engagement are based on the particular circumstances in each country, and on Ireland’s strong overarching focus on the fight against global poverty and hunger. Within this overall context, our development priorities concentrate on basic needs, including those in the key social sectors of health and education, and in the fight against HIV and AIDS. We also focus on the productive sectors, including rural development, the private sector and support for livelihoods. The aid programme places a particular emphasis on building democracy and good governance, and on promoting respect for human rights. This year, the Government has provided \198 million in funding for the programme budgets for our priority countries. Additional funding is channelled to the Programme Countries through Irish Aid funding for the activities and programmes of Non-Governmental Organisations, through our contributions to multilateral agencies, and in response to emergencies and humanitarian disasters, as necessary. The Government will provide a total of \671 million for Official Development Assistance in 2010. On current projections, this will represent 0.52% of GNP, maintaining the level we expect to achieve for 2009. Decisions on the overall allocations to each of the nine programme countries have not yet been finalised. Through our Embassies, we are engaging in dialogue with our partners on the most effective way to deliver our programmes in 2010 in line with the priorities already agreed with them. The people of Ireland can be proud that, despite the enormous economic difficulties over the past year, we are delivering an internationally recognised aid programme which is sharply focused on the reduction of extreme poverty and hunger in some of the poorest countries, especially in Africa. I can assure the House that the standards achieved by the programme will be maintained in 2010 and subsequent years.

44. Deputy P. J. Sheehan asked the Minister for Foreign Affairs the amount of overseas development aid spending spent on education in 2008 and to date in 2009; the amount budgeted for education in 2010; and if he will make a statement on the matter. [46649/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): The Govern- ment’s White Paper on Irish Aid recognises that education is an important driver of poverty reduction and is the primary vehicle by which economically and socially marginalised adults and children can lift themselves out of poverty. Support to education has always been a key component of our aid programme. In 2008, Irish Aid expenditure on education amounted to over \83 million. This represents approximately 12% of total bilateral aid and is above the international donor average of just over 7%. Our funding for education is delivered through a number of complementary channels. We support national education sector plans through the Ministries of Education in our Programme Countries. We also provide direct support to Non Governmental Organisations (NGOs), missionaries working in education, multilateral agencies and global initiatives such as the Edu- cation Fast Track Initiative. The bulk of education expenditure is provided directly to Irish Aid Programme Countries in sub-Saharan Africa. Thousands of young African boys and girls are at school as a result of our aid programme. This level of expenditure reflects Ireland’s commitment to the Millennium Development Goal of achieving universal primary education by 2015. Final expenditure for 2009 is not yet available and will be reported comprehensively in the 2009 Annual Report on Irish Aid. However, based on current projections we anticipate that expenditure on education will remain at around 12% of total bilateral aid. As the Deputy will appreciate, I cannot provide details of the projected allocations for 2010. These will be finalised during the planning process over the next few weeks. However I can assure the Deputy that 523 Questions— 15 December 2009. Written Answers

[Deputy Peter Power.] education, especially improving the quality of learning and teaching, remains a priority for our aid programme.

Foreign Conflicts. 45. Deputy Alan Shatter asked the Minister for Foreign Affairs if his proposed visit to Israel has been cancelled or postponed; and if he will make a statement on the matter. [46838/09]

61. Deputy Brian O’Shea asked the Minister for Foreign Affairs if he will report on his recent trip to Israel during which time he was refused access to Gaza; his views on whether the ongoing blockade of Gaza is unjustified and in breach of international law; and if he will make a statement on the matter. [46869/09]

69. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which he, the European Union or the United Nations has been in a position to influence developments in the Middle East regarding the need to work towards a peaceful solution in Gaza; if progress has been made towards the rebuilding of structures demolished in the past; the extent to which a permanent administrative structure which might facilitate ongoing peace talks and resolution of grievances as they arise has been put in place; and if he will make a statement on the matter. [46827/09]

70. Deputy Brian O’Shea asked the Minister for Foreign Affairs his views on whether the ongoing conflict in Gaza has served to exacerbate many of the pre-existing problems in the region including in the environmental sphere and related issues of sewage treatment and availability of drinking water; if these ongoing problems have been discussed recently at European Union level; if progress is being made on this matter; and if he will make a statement on the matter. [46870/09]

257. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which he directly or through the UN or EU has engaged with the Israeli or Palestinian authorities with a view to encouraging an ongoing peace process in the Middle East; if he will report progress with particular reference to the need to establish the necessary administrative structures for continuous peace negotiations; and if he will make a statement on the matter. [47132/09]

272. Deputy Michael D. Higgins asked the Minister for Foreign Affairs his views, following one of the conclusions of the Goldstone report, on whether there is an immediate and urgent environmental threat to the citizens of Gaza and their Israeli neighbours from the contami- nation of water, pollution, and release of raw sewage into the adjoining sea; the action that the European Union and he will take to address this issue. [47179/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 45, 61, 69, 70, 257 and 272 together. In relation to my intended visit to Gaza, I refer Deputies to my reply to Priority Question 31 earlier today. The reasons why this visit could not go ahead is that I was refused access to Gaza, a key component of the visit. I fully intend to renew in due course my request to visit Gaza. The effect of the Israeli authorities’ decision has been to postpone a visit which remains a very important priority for me. The blockade of Gaza is unacceptable in itself but also politically counter-productive. It strengthens the position of Hamas and other militant groups, and enriches them through their control of smuggling. It does not prevent these groups from bringing in building supplies and 524 Questions— 15 December 2009. Written Answers other materials through the tunnel systems, but it prevents ordinary citizens from rebuilding their homes and businesses. Virtually no reconstruction has been possible since the conflict at the start of the year, and families are heading into winter having been unable to rebuild their homes, or even replace windows and doors. I have also spoken before in the House of the urgent environmental problems of sewage and drinking water, which are threatening a major public health crisis, and which cannot be tackled without building materials. It is in these senses that I have described the blockade of Gaza as the collective punishment of a population of one and a half million for the unacceptable actions of a small minority in their midst in launching attacks into Israel. It is also difficult to understand why, in periods such as now when the level of such attacks has been greatly reduced or minimised, the blockade continues unchanged. I have discussed these issues regularly with my EU colleagues. The Foreign Affairs Council last week adopted detailed Conclusions on the Middle East, including clear language on Gaza and the need for an immediate and unconditional opening of the crossing points. A lasting settlement in the Middle East will not be achieved if it does not resolve the problems of Gaza. Conversely, a full resolution of the problems of both Gaza and the West Bank will only come with an agreed settlement and an end to the occupation. We must pursue and support both objectives. The Council Conclusions last week set out in detail the EU’s position on these complex issues. The idea of a permanent administrative structure or secretariat to support peace talks has been put forward before in the House. It is unlikely that any such structure would be desired or agreed between the two parties themselves. It might be that such a structure could in due course be thought useful to support the work of the Quartet, which we would indeed wish to see play a stronger role. However, I would observe that there are already special representatives or envoys of the EU, the UN, the Quartet and the USA in the field, each with supporting staff. The problem is not lack of structures but of political will, both locally and internationally, to really press through to a solution.

Overseas Development Aid. 46. Deputy Eamon Gilmore asked the Minister for Foreign Affairs, in view of the budgetary implications for overseas development spending over the past 12 months, his views as to whether Ireland will honour its 0.7% target for 2012 and the effects this cut will continue to have on the world’s poorest. [46853/09]

60. Deputy John Deasy asked the Minister for Foreign Affairs his plans for overseas development aid funding in 2010 and subsequent years; his views on guaranteeing that there will be no further cuts in the overseas development aid budget in the lifetime of this Government; his further views on achieving the target of spending 0.7% of GNP on overseas development aid by 2012; and if he will make a statement on the matter. [46643/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to take Questions Nos. 46 and 60 together. As the Deputies will be aware, the Government has, in the Budget for 2010, provided a total allocation for Official Development Assistance (ODA) of \671 million. \536 million will be administered by the Department of Foreign Affairs, while a further estimated \135 million will come from other Government Departments and Ireland’s share of the EU Development Cooperation budget. On current projections, this will represent 0.52% of GNP, thus maintaining the level that we are likely to achieve for 2009. We expect that this level will also ensure that Ireland remains one of the most generous aid donors internationally in per capita terms. 525 Questions— 15 December 2009. Written Answers

[Deputy Peter Power.]

Our aim in framing the 2010 Budget was to protect the aid programme to the greatest extent possible. Against the background of the budgetary pressures facing the Government we have now stabilised our funding to the aid programme. I am sure the Deputies will welcome this development and acknowledge it as a significant achievement. This decision reflects the Government’s determination, supported by the Irish people, to help those in the world who are most in need. As the Deputies are aware, we set ourselves a target of spending 0.7% of GNP on ODA by 2012 — three years ahead of the EU target date of 2015. This goal was set in very different times and economic circumstances. During the recent estimates process we carried out a rigorous assessment of our capacity to meet this target. I want to firmly state the Government remains committed to expanding the aid programme once economic conditions improve. However it is now clear that the current economic circumstances prevent us from achieving our 2012 goal. We are now committed, in line with our fellow EU Member States, to meeting a target of spending 0.7% of GNP on ODA by 2015. I think is important to point out that Ireland remains ahead of most Member States in progress towards achieving the 2015 target and that we will exceed the interim target set by the EU of spending at least 0.51% of GNP on ODA in 2010. In the current circumstances, the contribution by Irish taxpayers of \671 million to meeting the needs of the world’s poorest is a reflection of the strength of our core values as a nation. Ireland’s aid programme has an enviable international reputation and is praised for its sharp focus on poverty reduction and hunger alleviation, and its concentration on the least developed countries, especially in sub-Saharan Africa. It is recognised by our peers as one of the best in the world and is described as “cutting edge” by the OECD. Now that we have stabilised funding to the aid programme, our challenge is to ensure we continue to effectively deliver our aid programme so that our contribution to development has the maximum impact and is rigorously focused on achieving clear results for the lives of the poor and the hungry.

Foreign Conflicts. 47. Deputy Joe Costello asked the Minister for Foreign Affairs the position regarding Afghanistan; his views on whether the second surge of troops is the correct course of action; and if he will make a statement on the matter. [46873/09]

77. Deputy Róisín Shortall asked the Minister for Foreign Affairs the position in Afghanistan in view of ongoing tensions in that country; his views on the planned general election there; and if he will make a statement on the matter. [46855/09]

273. Deputy Michael D. Higgins asked the Minister for Foreign Affairs the position regarding loss of life in Afghanistan; his views on the suggestion that the second surge of troops is the correct course of action; and if he will make a statement on the matter. [47180/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 47, 77 and 273 together. The situation in Afghanistan remains difficult and fragile. The security situation has deteriorated further this year, with more casualties among the international forces there since the intervention began in 2001. The Taliban have retaken some areas from which they had previously been driven out. Narcotics production and trafficking remains a serious issue. The Presidential and provincial elections held in August this year were marred by fraud and other irregularities, further undermining public confidence in the central government and its leader- 526 Questions— 15 December 2009. Written Answers ship. It will be of key importance that every effort is made to ensure that similar problems are not permitted to undermine the credibility of the Parliamentary Elections due to be held next year. As indicated in this House on 18 November, it will be essential, if Afghanistan is to achieve stability, security and progress, that President Karzai and his Government begin to play a much stronger and more effective role in the leadership and governance of the country. They must also work harder to build the capacity of the Afghan people, so that they can take full responsibility for their country’s security and for its reconstruction and development. They must more effectively lead reconstruction and development efforts to ensure that the lives and livelihoods of ordinary Afghans — women as well as men — are improved in a concrete manner. The international community has pledged to support Afghanistan in its efforts to achieve stability, security and prosperity and the EU is at the forefront of these efforts. The EU is currently spending close to \1 billion a year on various civilian, political and developmental activities. We ourselves have allocated almost \22 million in relief, recovery and development assistance to Afghanistan since 2005. The European Council last week reiterated the EU’s commitment to Afghanistan, endorsing the recently adopted EU Plan of Action, and confirming the EU’s willingness to support Pres- ident Karzai in the implementation of the commitments he set out in his inauguration speech: on security, governance and anti-corruption; economic development including agriculture, peace and reconciliation; and on regional cooperation. The Council underlined the need to maintain a comprehensive approach to the challenges in Afghanistan, building on a combination of political, civilian/development and military instruments. The European Council also welcomed the recent announcement by President Obama of a reinforced engagement by the United States in relation to Afghanistan and Pakistan. President Obama’s new strategy involves both military and civilian dimensions. He announced that 30,000 additional US troops will be deployed in early 2010, to which a number of NATO and ISAF partners have agreed to add around 7,000 more troops. The aim is to achieve significant results in improving the security situation, and to train Afghan troops to take over the protection of their own country, so that it will be possible for international troop numbers to be decreased from around mid-2011. The military strategy also involves the training of the Afghan security forces so that they can take over full responsibility for the country’s security. President Obama also promised to work with the international community, the United Nations, and the Afghan people to pursue a more effective civilian strategy, so that the Afghan government can take advantage of the improved security situation; to support efforts by the Afghan government aimed at encouraging Taliban members to renounce violence and join the political and social mainstream; and to increase co-operation with Pakistan to tackle the Al Qaeda and Taliban leadership on their side of the border. At their meeting on 4 December, Foreign Ministers from countries contributing to ISAF emphasised that the priorities of the ISAF operation were the protection of the Afghan people, building Afghan security capacity and facilitating governance and development. While I am not in a position to judge the military reasoning behind the decision taken by President Obama to deploy additional US military in Afghanistan, I very much hope that this action, together with a renewed civilian engagement, will contribute to the achievement of the ISAF objectives. To do nothing, or to ignore the realities of the security situation, are not viable or desirable options, in terms of the security of Afghanistan, or that of the international community. The international community will have an opportunity to discuss the situation in Afghanistan with the Afghan Government at the International Conference on Afghanistan, which will be held in London on 28 January and which I will be attending. 527 Questions— 15 December 2009. Written Answers

International Relations. 48. Deputy Shane McEntee asked the Minister for Foreign Affairs the impact President Obama’s foreign policy has had here to date in 2009; and if he will make a statement on the matter. [46820/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I have engaged with the Obama Administration over the last eleven months across a range of foreign policy issues. The Admini- stration has taken courageous initiatives with a view to facilitating progress on key global challenges such as disarmament, non-proliferation and climate change and towards the resolution of some of the world’s most intractable conflicts, such as the Middle East peace process, the Iran nuclear issue and Afghanistan. President Obama has sought through engagement and dialogue to bring fresh perspectives to bear and to unlock potential for movement. In their efforts across a broad agenda, the President and his colleagues have had the full support of the Irish Government. More widely, the Irish people have, I believe, responded very positively to the initiatives which the Obama Administration has been taking. On 16 March last in Washington, I had the opportunity for an early meeting with the new U.S. Secretary of State, Hillary Clinton. In a productive exchange of views, we discussed the Middle East, Afghanistan, the global economic downturn, and developments within the Euro- pean Union. More recently, on 11 October, I was delighted to have the opportunity to welcome Secretary of State Clinton to Dublin. During that meeting, we discussed, among other issues, Afghanistan, Iran, the Middle East peace process, EU-US relations and the situation in Sudan. The Secretary of State reiterated the United States’ appreciation of Ireland’s resettlement of two Guantanamo detainees. We also discussed the potential for cooperation on other issues such as our joint interest in promoting global food security. I expressed my appreciation at that meeting for the Secretary of State’s decision to appoint Declan Kelly as U.S. Special Economic Envoy to Northern Ireland earlier this year. The appointment clearly demonstrates the commitment of the Obama Administration to Ireland and to ensuring that the achievements of the past decade continue to be supported and consolidated into the future. I believe that the policies of the Obama Administration in many fields have found a strong resonance in Ireland. Ireland and the US, under this Administration, share many common foreign policy priorities, including in the areas of development, non-proliferation, promotion of human rights and many other current global challenges. I look forward to continuing close engagement with President Obama, Secretary of State Clinton and their colleagues over the coming months and years.

Northern Ireland Issues. 49. Deputy Pat Rabbitte asked the Minister for Foreign Affairs the situation in Northern Ireland with particular reference to the full devolution of matters regarding policing and justice. [46863/09]

63. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs when the devolution of policing and criminal justice matters in Northern Ireland will be completed; and if he will make a statement on the matter. [46811/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 49 and 63 together. As indicated in my response to Question No. 101 of 18 November, the Government continues to liaise closely with British Government counterparts to encourage the parties in Northern Ireland to complete the transfer of policing and justice powers as soon as possible. In this 528 Questions— 15 December 2009. Written Answers connection, my own contacts with Secretary of State Woodward, those between An Taoiseach and Prime Minister Brown, including the meeting in Downing Street on 30 November, and contacts at official level have all intensified over recent weeks with a view to assisting the parties in Northern Ireland to resolve the remaining few issues and advance the full implementation of the Good Friday and St. Andrews Agreements which remain the bedrock of peace and stability on these islands. Relevant legislation to establish a devolved Department of Justice completed its passage through the Northern Ireland Assembly on 1 December and the First and deputy First Mini- sters have launched the process of identifying the future Minister for Justice. In addition, the significant financial package brokered by Prime Minister Brown continues to offer a secure basis for completion of the outstanding work. The two Governments remain determined in our ongoing efforts to support the early devolution of policing and justice powers and wider political progress in Northern Ireland.

Diplomatic Representation. 50. Deputy Michael D. Higgins asked the Minister for Foreign Affairs his views on the Papal Nuncio being the dean of the diplomatic corps while it is the case elsewhere that the longest serving ambassador fills such a position; and if he will make a statement on the matter. [46850/09]

245. Deputy Alan Shatter asked the Minister for Foreign Affairs his views on the need for the dean or head of the diplomatic corps to be the longest serving ambassador resident in the State; if he supports the Papal Nuncio continuing as dean or head of he diplomatic corps; and if he will make a statement on the matter. [47016/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I would propose to take Questions Nos. 50 and 245 together. The position of Dean of the diplomatic corps is a ceremonial one. The Dean leads and represents the diplomatic corps on certain State occasions. The longstanding practice whereby the Papal Nuncio assumes the position of Dean of the diplomatic corps is in full accordance with the Vienna Convention on Diplomatic Relations of 1961 and is followed by a majority of EU Member States, including Austria, Belgium, the Czech Republic, France, Germany, Hun- gary, Ireland, Lithuania, Poland, Romania, Slovakia, Slovenia, Spain, Portugal, Malta and Italy, as well as by Switzerland and many other countries around the world.

Overseas Development Aid. 51. Deputy Noel J. Coonan asked the Minister for Foreign Affairs the amount of the overseas development aid spent on combating HIV and AIDS in 2008 and to date in 2009; the amount budgeted for HIV and AIDS in 2010; and if he will make a statement on the matter. [46648/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): According to recent UN figures over 33 million people are living with HIV, with approximately 2.5 million becoming newly infected and over 2 million people dying of AIDS related illnesses annually. Sub-Saharan Africa, where Ireland’s development work is predominantly focused, continues to be the most severely affected region in the world and is home to over 22 million people living with HIV or approximately 68 percent of the global total. AIDS remains the primary cause of death in Africa. Ireland has an excellent international reputation for our work in the fight against HIV, which has destroyed the lives of so many millions of men, women and children. Ireland supports the 529 Questions— 15 December 2009. Written Answers

[Deputy Peter Power.] fight against HIV and AIDS in Africa through focussed and evidence based approaches to ensure our support reaches those most at need. These include district programmes offering HIV treatment to communities such as that in remote mountain areas of Lesotho, national programmes such as our work with the Government of Mozambique to increase the availability of antiretroviral drugs and our work with international public-private partnerships such as the Clinton Foundation. We also support cutting edge research initiatives in the areas of vaccine development and the development of new prevention tools. We invest in empowering women and girls to protect themselves against infection. Our way of working is saving lives. In 2008 Irish Aid spent approximately \148 million on HIV and communicable diseases such as tuberculosis and malaria which are also affected by HIV prevalence. Our expected spend in 2009 is \114 million. Despite the current challenging budgetary situation, the Government will continue to give sustained priority to combating HIV and AIDS when the Irish Aid programme allocations for 2010 are made in the coming weeks.

Question No. 52 answered with Question No. 41.

Northern Ireland Issues. 53. Deputy Olwyn Enright asked the Minister for Foreign Affairs the recent meetings he has had on North-South relations; and if he will make a statement on the matter. [46818/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The formal framework for discussion of North/South issues with the Northern Ireland Executive is the North South Ministerial Council, established under Strand Two of the Good Friday Agreement. Together with the Taoiseach and a number of Cabinet colleagues, I most recently attended a plenary meeting of the North South Ministerial Council (NSMC) in Limavady on 14 December 2009. The Northern Ireland Executive delegation was led by the First Minister and the deputy First Minister. This was the ninth plenary meeting of the NSMC since its establishment and came almost ten years to the day since the inaugural meeting of the Council in 1999. We had a good discussion on the common economic challenges facing both jurisdictions, which was particularly important and timely in the aftermath of the Budget published here last week and the publication of the U.K. pre-Budget outlook on the same day. We also considered how we might save money by working more closely together. We also reviewed progress made across all the areas of co-operation in the Council since the previous plenary meeting, including in the areas of transport, health, education, environment and agriculture. A total of fourteen sectoral meetings of the NSMC had taken place in these areas since the previous plenary meeting in July. Important issues discussed at these sectoral meetings included the re-opening of the Dublin to Belfast Enterprise train service, co-operation on planning and preparedness for dealing with swine flu on the island and progress in co-operation on child protection. The North South Ministerial Council plenary meeting also reviewed progress on a number of institutional issues including the North/South Consultative Forum, the North/South Parliamentary Forum and the Review of North/South Bodies and Areas of Co-Operation arising from the St. Andrews Agreement. A schedule of further Council meetings was agreed for the first half of 2010. I myself met First Minister Peter Robinson and deputy First Minister Martin McGuinness, together with their Northern Ireland Executive colleagues, Margaret Ritchie and Robin New- ton, for a North/South Ministerial Council meeting in the Institutional Format on 11 November in Belfast. This is the format of the NSMC which looks at cross-cutting and institutional issues, including in relation to the EU. On that occasion, we had a good discussion on the potential 530 Questions— 15 December 2009. Written Answers contribution cross-border co-operation can make in providing more effective and efficient services North and South. We also had an interesting exchange of views on EU issues of mutual interest, looking at areas where we might work together to advance our shared interests in Europe. In the context of looking at the remaining obstacles to cross-border mobility, we welcomed a plan to inform teachers about recent changes in pension arrangements for those looking to work in the other jurisdiction. With regard to the North/South Bodies, we considered the implementation of efficiency savings for 2009/2010 and I used the opportunity to reiterate the Government’s strong support for the Bodies as they continue to carry out their mandate and play a valuable role in the economic recovery of the island.

Human Rights Issues. 54. Deputy Pat Rabbitte asked the Minister for Foreign Affairs his views on reports that the Ugandan Government is to proceed with anti-gay legislation; the effect this will have on Uganda’s status as one of Ireland Aid’s target countries; and if he will make a statement on the matter. [46864/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Uganda is one of the nine Programme Countries where Ireland has a commitment to long term strategic assistance. An important aspect of our programme of support for Uganda is a focus on good governance and respect for human rights. I am very concerned about the implications of the Private Members Bill which was tabled in the Ugandan Parliament in October, which is described by its proponents as an “Anti-Homosexuality Bill”. I have followed this issue closely and have discussed it in detail with our Ambassador to Uganda. Through our Embassy in Kampala, the Government has expressed our deep concerns about the Bill to the Government of Uganda. We have also coordinated closely with our EU partners in order to raise our concerns with the Ugandan authorities as a human rights issue. On 3 December, through the Swedish Presidency, the European Union formally raised its concerns about the draft Bill in a meeting with the State Minister of Foreign Affairs. Our Embassy in Kampala has also been engaging with the Uganda Human Rights Com- mission on issues relating to discrimination against sexual minorities. It has also sought the views of local human rights and representative groups on how the international community can most effectively support efforts to oppose such discrimination. It is important to note that neither President Museveni nor the Government of Uganda has yet taken an official position on the Private Members Bill. I can assure the Deputy that Ireland will remain actively engaged with the Government of Uganda, pressing it to ensure that the Bill does not pass into law.

European Council Meetings. 55. Deputy Eamon Gilmore asked the Minister for Foreign Affairs if the recent referendum vote in Switzerland, at which it was agreed to ban the further building of minarets, has been discussed at European Union level; his views on same; and if he will make a statement on the matter. [46854/09]

Minister for Foreign Affairs (Deputy Micheál Martin): In a referendum held on 29 November the Swiss people voted in favour of a proposal to ban the further construction of minarets. The Swiss Government and a majority of the Swiss Parliament had opposed the ban, which does not affect the four existing minarets in Switzerland. Nor does it represent a ban on the further construction of mosques, of which there are currently some 150 in the country. The relationship between the EU and Switzerland is governed by a series of bilateral treaties covering, inter alia, the free movement of people, justice and security. In relation to these 531 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] areas Switzerland is a member of a Mixed Committee (comprising the EU, Norway, Iceland, Liechtenstein and Switzerland) which meets in the margins of Justice and Home Affairs Councils whenever issues relating to the Schengen Agreement are discussed. The outcome of the referendum was noted by Ministers in the course of a meeting of the Mixed Committee which took place in the margins of an EU Justice and Home Affairs Council in Brussels on 30 November and 1 December. On 10 December, responding to a statement on the referendum outcome by the Swiss Del- egation to the Organisation for Security and Cooperation in Europe (OSCE), the EU said that it took note of the result of the referendum and expressed the hope that the vote would not have a negative effect on the good integration of Muslims in Switzerland and that their freedom of belief would be fully respected in line with the commitments undertaken by OSCE member countries. Ireland fully supports that statement. It is a matter now for the Swiss Government to determine how best to address the implications of the referendum result.

Human Rights Issues. 56. Deputy Mary Upton asked the Minister for Foreign Affairs if he will provide details in the case of a person (details supplied) who has been given permission to return to their home at Layoune but whose passage was subsequently blocked by Moroccan authorities. [46871/09]

65. Deputy Mary Upton asked the Minister for Foreign Affairs his views on the plight of the people of Western Sahara; if he has had contact with the Moroccan Ambassador to explain his view on the topic; and if he will make a statement on the matter. [46872/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 56 and 65 together. I am aware of the case of Ms. Arminatou Haidar, a human rights activist from Western Sahara who has been on hunger strike at Lanzarote Airport in the Canary Islands since mid- November. I understand that Ms. Haidar was returned against her will to Spain after she landed at Laayoune Airport on 14 November and was denied access to Morocco, having refused to state her nationality as Moroccan on her landing card. Although not a Spanish national, Ms. Haidar does have Spanish residency but is understandably concerned that any decision on her part to remain in Spain would prohibit her return to her family in Western Sahara. There are obvious concerns about Ms. Haidar’s health as she has now been on hunger strike for several weeks and has refused medical care from the Spanish authorities. Along with our EU partners, we are closely following the case and our Embassy in Lisbon (which is accredited to Morocco) is also maintaining contact with EU missions resident in Rabat. The Government has also been in contact with the Moroccan Ambassador on this issue. I have written to the Ambassador regarding the concern which exists about Ms. Haidar’s health and well-being and to encourage the Moroccan Government to take speedy steps to alleviate and resolve the situation. I remain very concerned about the plight of the people of Western Sahara as a whole and spoke on this issue at a conference organised by Ethical Development Action in Cork last April. Ireland continues to support the right to self-determination of the people of Western Sahara as well as the continuing engagement of the United Nations in the search for a political solution in Western Sahara based on the principle of self-determination. UN Secretary General Ban’s Personal Envoy for Western Sahara, Christopher Ross, is continuing his efforts to con- vene a fifth round of direct negotiations between the two sides, following the last such discussions held in March 2008 in Manhasset, New York. An informal meeting to discuss the 532 Questions— 15 December 2009. Written Answers prospects for resuming direct negotiations was held in Duernstein, Austria, last August but without any date for convening the fifth round of direct negotiations being set. The Government regularly communicates its views on the situation in Western Sahara to the Moroccan authorities, including through the Moroccan Ambassador here in Dublin. We also raise issues related to human rights and to the importance of safeguarding freedom of movement and of expression for human rights defenders in both Morocco and Western Sahara.. These issues are also raised at EU level within the framework of the EU-Morocco dialogue. The most recent Association Council with Morocco took place last week, in the margins of the Foreign Affairs Council in Brussels. The EU used this occasion to convey its concerns over the situation of Western Sahara as well as the need to safeguard the rights of both Moroccan and Saharawi human rights defenders were raised.

Foreign Conflicts. 57. Deputy Willie Penrose asked the Minister for Foreign Affairs the position regarding Darfur. [46868/09]

271. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he will make a statement on the humanitarian position and progress being made on eliminating the conflicts that are taking a toll on civilian life in Darfur. [47178/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 57 and 271 together. The persistence of the conflict in Darfur, albeit at a lower level than the intense violence of 2003-2004, and the ongoing suffering of the people in the region is matter of grave concern. In March of this year, we became seriously concerned for the humanitarian situation after the Sudanese Government expelled thirteen international aid organisations from Darfur in protest against the ICC arrest warrant against President Bashir. The thirteen agencies concerned accounted for 40% of all aid in Sudan. Thankfully, the initial fears for a sharp deterioration in conditions did not materialise as concerted efforts by the international and Sudanese authorities, including a number of Arab and Islamic relief organisations, managed to fill the gaps and limit the disruption to aid delivery. Nevertheless, operating conditions remain very difficult and the security situation in particular remains critical with several incidents of kidnappings, banditry and inter-ethnic fighting. The Deputy will recall that two workers for the Irish aid agency Goal were held captive for over 100 days by an armed gang in Darfur until their safe release on 18 October. International efforts to bring an end to the conflict are being led by the joint AU-UN chief mediator, Djibril Bassole, whose work Ireland fully supports. The “Agreement of Good Will and Confidence Building” was signed in Doha in February by the Sudanese Government and the Justice and Equality Movement (JEM) rebel group. Progress in the peace talks since then, however, has been disappointingly slow. Neither the Sudanese government nor rebel representatives took part in the most recent round of talks in Doha last month. Efforts to bring all parties to the negotiations are ongoing and will depend in part on the ability to unify the numerous splintered rebel movements around the two historical rebel movements, the Sudan Liberation Army (SLA) and the JEM. Other initiatives include the AU High Level Panel on Darfur, under the chairmanship of former South African President Thabo Mbeki, which last October released its report with recommendations for promoting accountability for grave international crimes committed in Darfur, one of which included the creation of a hybrid court for trying cases within Sudan. I look forward to further consideration at EU level of these recommendations. I would in the 533 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] meantime stress that any hybrid court, would not, in Ireland’s view, be a replacement for ICC cases. Ireland has played an important role in the international response to the humanitarian situation in Darfur and other vulnerable areas in Sudan, providing \27.6million in humanitarian funding since 2007 for a range of programmes in areas such as education, primary health care, water & sanitation facilities, capacity building and rural livelihoods. Ireland and the EU have also been well served by Special Representative Torben Brylle who has played a very active role in efforts to bring peace to the region. The outlook for Darfur is very dependent on the broader north-south Sudanese peace process, in particular the full implementation of the Comprehensive Peace Agreement (CPA) which Ireland and the EU fully support. Progress on the CPA is now at a crucial juncture as the country prepares for presidential and parliamentary elections next April and a referendum on southern secession in 2011. Recent months have given grounds for some optimism in this regard, thanks in part to the mediation efforts of the US and the ruling on the Abyei region in The Hague. Significant political challenges remain, however, including the worsening humanitarian situation and fiscal crisis in the South as well as ongoing disputes over the conduct of the election and referendum preparations. The international community’s efforts in the coming months will be focussed on preventing these difficulties from escalating into a destabilisation of Sudan, including of course Darfur, and the wider region with serious humanitarian consequences.

58. Deputy Ruairí Quinn asked the Minister for Foreign Affairs his views on the situation in Iraq regarding the loss of life and injuries sustained in the bombing of government buildings in Baghdad as well as a reported figure of over 1,000 persons killed, or injured, during a bombing campaign in August and September 2009; and if he will make a statement on the matter. [46865/09]

62. Deputy Ruairí Quinn asked the Minister for Foreign Affairs the progress made towards the holding of proposed elections in Iraq in early 2010 in view of ongoing atrocities being committed in the country; the progress being made on the updating of electoral law in certain areas of the country in order to accurately reflect the ethnic make-up of various regions. [46866/09]

75. Deputy Willie Penrose asked the Minister for Foreign Affairs his views on whether the holding of a general election in Iraq in 2010 will have a successful outcome in view of the ongoing atrocities committed in that country; if nascent civil society will survive tragedies of this nature; and if he will make a statement on the matter. [46867/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 58, 62 and 75 together. I strongly condemn the bombings and violence in Baghdad last week which resulted in an estimated 127 people being killed and some 450 injured. This violence represents a clear attempt to create further instability and undo the slow, if discernible, progress towards establishing improved security and strengthening the democratic system which has been evident in Iraq in recent months. Last week’s violence in Baghdad, following similar bombings of government buildings in August and October, clearly represent a response to the determined efforts of the Iraqi government, parties and people to re-build their country and democratic institutions. It was no coinci- dence that just two days previously, on 6 December, the Iraqi parliament had finally approved 534 Questions— 15 December 2009. Written Answers the long-debated electoral law which clears the way for national parliamentary elections now due to be held on 7 March next. The new law has resolved long-running disputes over the extension of voting rights to the various ethnic groups living in the disputed oil-rich territory of Kirkuk as well as providing seats for Iraqis (often Sunni) living abroad. Agreement on the electoral law represents a significant advance and demonstrates the determination of Iraq’s political leaders to continue working for reconciliation and creation of a stable and democratic environment within the country. The national elections next March will hopefully build on the successful example of last January’s local elections in Iraq which were conducted peacefully and without any major dispute. Nonetheless, it remains clear that Iraq continues to face major challenges in ending violence and the threat posed by militant groups and fully establishing control throughout the entire country on the part of its security forces. Against such a background, Iraq will clearly continue to require the support and encouragement of the international community, including Ireland and its EU partners. The Foreign Affairs Council meeting in Brussels on 8 December reiterated the EU’s continuing support for Iraq’s democratic development and stressed the importance of the national elections next March proceeding in a peaceful, democratically organised and orderly manner. The Foreign Affairs Council also underlined the EU’s commitment to provide support to the elections, including by sending an enlarged team of electoral experts as well as through the engagement of EU diplomatic missions in Iraq. Further demonstration of the EU’s support for, and desire to strengthen relations with, Iraq has been the recent conclusion of negotiations on a new Partnership and Cooperation Agree- ment (PCA) between the EU and Iraq. The PCA is intended to lay a solid foundation for further developing relations between the EU and Iraq in a wide variety of fields, including commitments designed to facilitate and promote trade and investment, and cooperation in improving living conditions for all Iraqis. Ireland, along with our EU partners, will remain committed to support a secure, stable, democratic, prosperous and united Iraq with the capacity to play a constructive regional role. This is important not only for the welfare of the Iraqi people but for peace and stability throughout the wider Middle East region. The EU has been one of the main contributors of non-military assistance to Iraq which since 2003 has totalled over \1 billion, including \830 million in Community aid. The EU will also continue to work closely with the Iraqi government in order to improve the overall human rights situation and ensure that human rights are fully respected throughout Iraq.

European Policy. 59. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which he will be expected to make a positive contribution to the future development of the European Union to ensure cohesive thinking in the areas of job creation, crisis management, enlargement, foreign policy and adherence to the European project to ensure that the development of the Union in the next 50 years is as positive as the past half century; and if he will make a statement on the matter. [46826/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The European Union is a project whose historic scale and importance allows us to look towards developments in the decades to come with a confidence based on its achievements over the past half-century in building peace and prosperity in Europe. On 9 May next year we will mark the sixtieth anniversary of the Schumann Declaration which has been called Europe’s birth certificate. In the depths of the Cold War, that visionary statement proposed both a grand political project and a practical economic plan. 535 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.]

The entry into force of the Lisbon Treaty earlier this month, following its emphatic endorse- ment by the people of Ireland, marks a new phase for the European Union. As supporters of the Treaty stressed during the referendum debates, the Lisbon Treaty is designed to allow the EU to act more coherently and cohesively, both within the European Union and externally. The Treaty provides the EU with a number of instruments to facilitate concerted EU action on important issues like job creation and in responding to the economic and financial crisis. There are specific measures aimed at achieving greater coherence for EU actions in the wider world, ensuring that the EU’s resources support activities are in line with its external policies. At the highest political level, the European Council is now an institution of the European Union with its own President. The European Council is charged with providing the Union with the necessary impetus for its development and defining its general political directions and priorities. The new President of the European Council, Herman Van Rompuy will work to facilitate cohesion and consensus within the European Council. The European Council met for the first time last week under the Lisbon Treaty and, among other issues, it held an orientation debate on ideas for a new EU 2020 strategy. I argued in the General Affairs Council last week for a strong focus on jobs, growth and innovation in the new strategy. The new High Representative for Foreign Affairs and Security Policy, Catherine Ashton, will bring a new consistency and coherence to the Union’s actions in the wider world, particularly in her capacity as Vice-President of the Commission. When I spoke with her recently, I underlined Ireland’s support for her new role and I look forward to working with her, particularly in the Foreign Affairs Council which she will chair. As regards my own contribution to the future development of the European Union, I will participate in the two new Council formations: the General Affairs Council and the Foreign Affairs Council. The General Affairs Council has been given responsibility for ensuring consistency and continuity in the work of the different Council configurations. With my colleagues in the General Affairs Council I will be working closely with the President of the European Council and Commission in preparing the work of the European Council. In the Foreign affairs Council, I will be involved in the formation of EU positions on foreign policy and security matters, including international crisis management. As the Lisbon Treaty arrangements are implemented, I will be working with partners and within the EU institutions to ensure a significant EU contribution to policies which will deliver results for our citizens commensurate with the Union’s goals.

Question No. 60 answered with Question No. 46.

Question No. 61 answered with Question No. 45.

Question No. 62 answered with Question No. 58.

Question No. 63 answered with Question No. 49.

Overseas Development Aid. 64. Deputy Deirdre Clune asked the Minister for Foreign Affairs his plans for overseas aid funding for each of the top ten non-governmental organisation partners in 2010 and subsequent years; his views on guaranteeing that there will be no further cuts in the overseas development aid budget allocated to these organisations in the lifetime of this Government; and if he will make a statement on the matter. [46645/09] 536 Questions— 15 December 2009. Written Answers

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): The Govern- ment’s partnership with development Non-Governmental Organisations (NGOs) and missionaries represents a very important element of the development cooperation programme administered by Irish Aid. It reflects the consistently high level of commitment demonstrated by the Irish people over the years towards helping the world’s poorest people. The OECD has confirmed that Ireland channels a higher proportion of development assistance through NGOs than any other international donor. This year, we are providing over \135 million in funding to development NGOs and missionaries. The Government will provide \671 million for Official Development Assistance in 2010. When the process of allocating the aid budget has been completed, it will include very significant levels of funding for NGOs. Each year, Irish Aid provides funding to NGOs for long term development programmes, for emergency and relief operations and for development education. The precise levels of allocations are, of course, dependent on issues such as the extent and nature of emergency and humanitarian crises which develop over the course of each year. Emergency and humanitarian funding is decided on the basis of need, and the capacity of different organisations to respond to particular crises. By its nature, therefore, the level of funding for individual NGOs will vary annually, and it is not possible to set out the top ten organisations which will receive funding over the coming years. However, over recent years the four organisations which have consistently received the most significant levels of funding have been Concern, Trócaire, Goal and Misean Cara, which channels assistance to missionaries. I strongly believe that at a time of limited resources both Government and NGOs need to redouble our efforts to ensure that our aid programmes operate to the highest standards of quality, effectiveness and accountability. The challenge in the year ahead must be for all involved in the delivery of Ireland’s aid programme to work together more effectively, to ensure that the overall Irish contribution to development has maximum impact and is rigorously focused on achieving clear results in the lives of the poor and the hungry.

Question No. 65 answered with Question No. 56.

66. Deputy Tom Sheahan asked the Minister for Foreign Affairs the amount of overseas development aid spent on promoting good governance in 2008 and to date in 2009; the amount budgeted for promoting good governance in 2010; and if he will make a statement on the matter. [46650/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Building good governance is central to the work of Irish Aid across our development programme. Without good governance, long-term sustainable development is not possible. We are promoting governance by supporting the building of more democratic systems of government, and effective, accountable institutions for service delivery. Strengthening the protection of human rights and the rule of law are also important aspects of our aid programme. As the Deputy will appreciate, categorising governance expenditure precisely is difficult. Good governance is reflected across the programme in all sectors. It is an important element of our support to partner governments and of programmes we fund through multilateral organisations, civil society, and in emergency and recovery initiatives. The OECD Development Assistance Committee (DAC) coding system, however, indicates that Irish Aid expenditure on governance and civil society amounted to over \97 million in 2008, or 15% of total bilateral aid. About 40% of this expenditure was directed at supporting governance and civil society in our nine Programme Countries. 537 Questions— 15 December 2009. Written Answers

[Deputy Peter Power.]

Examples of Irish Aid assistance to governance include:

• Strengthening the justice sector in Uganda and Timor Leste;

• Strengthening audit functions within the Government in Ethiopia;

• Supporting the work of the leading anti-corruption NGO Transparency International to reduce corruption worldwide, and;

• Supporting the valuable governance work of Irish and national NGOs in areas such as citizen participation, human rights protection and civic education.

Final expenditures for 2009 are not yet available, and will be reported comprehensively in the Irish Aid Annual Report 2009. However, based on current projections, it is anticipated that expenditure on governance and civil society will remain at around 15% of total bilateral aid. As the Deputy will appreciate, I cannot provide details of the allocations for 2010. These will be finalised during the planning process over the next few weeks. Good governance is a prerequisite for reducing poverty. Irish Aid will continue to prioritise support to this important area and help to ensure effective and accountable governance in the countries in which we work.

Question No. 67 answered with Question No. 37.

Climate Change Conference. 68. Deputy Damien English asked the Minister for Foreign Affairs the role he played at the Copenhagen summit; and if he will make a statement on the matter. [46823/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Preparation for the ongoing United Nations Climate Change Conference Summit has required sustained input and coordination involving a number of Government Ministers and Departments. Climate change involves global challenges that can only be met through non-traditional diplomacy. Scientific, political, development, energy and other responses have to be combined in a coherent way. I and my Department have been fully involved in the Government’s preparations and our Embassy network has provided valuable information on other participants’ positions in the lead-in to the summit. Ireland’s delegation to Copenhagen is being led by the Taoiseach. He will be accompanied by the Minister for the Environment, Heritage and Local Government, Mr. John Gormley T.D., and the Minister for Communications, Energy and Natural Resources, Eamon Ryan T.D. In addition, my colleague in the Department of Foreign Affairs, the Minister of State for Overseas Development, Mr. Peter Power T.D., attended a meeting between EU Development Ministers and key developing countries partners which took place in the margins of the Copen- hagen conference.

Questions Nos. 69 and 70 answered with Question No. 45.

71. Deputy Emmet Stagg asked the Minister for Foreign Affairs the progress made to date at the Copenhagen climate change conference. [46851/09]

Minister for Foreign Affairs (Deputy Micheál Martin): As the Deputy will be aware, the negotiations in Copenhagen are ongoing. For the first week and the beginning of this week, negotiations have been conducted very much at a technical level, and the situation remains very fluid. It is anticipated that the Taoiseach will join over 100 other Heads of State and Government at the High Level Segment of the conference in the next few days. The EU goal 538 Questions— 15 December 2009. Written Answers is that leaders will be in a position to conclude an ambitious political statement that includes the essential building blocks of a new treaty and binds participants to completing a full legal text in the course of 2010.

Foreign Conflicts. 72. Deputy Jan O’Sullivan asked the Minister for Foreign Affairs the recent situation in Guinea. [46862/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The Government is greatly concerned by recent events in the Republic of Guinea, notably the violent crackdown by security forces on political demonstrations in Conakry on 28 September 2009. There, the armed forces opened fire on a crowd of unarmed protestors, killing 150 and injuring over a thousand. In the days following, there were reports of widespread rape and looting by soldiers. The security situation in the country has remained volatile ever since. On 3 December, President Moussa Dadis Camara was shot, reportedly by his chief aide. He is currently in Morocco recovering after surgery. Reports vary in relation to how serious his injuries are. While we have few direct bilateral connections with Guinea, we fully support efforts by the European Union to secure greater stability and political progress there. The EU condemned the violence of September 28 and in October agreed to impose an arms embargo on Guinea and to adopt targeted restrictive measures against individuals responsible for the violence and those impeding a return to democracy and constitutional order in the country. The Deputy will recall that on November 18, I welcomed the establishment by the UN Secretary-General, with the approval of the UN Security Council, of an international and independent commission of inquiry to investigate those incidents . This investigation is proceeding under the chairmanship of Mohamed Bedjaoui a former Foreign Minister of Algeria. It is expected to submit its report to the UNSG before the end of the year. President Camara and Guinea’s ruling military council have pledged to cooperate fully with the UN investigation. The Deputy may recall that I have also welcomed the response of the wider international community to the violence in Conakry. The European Community of West African States (ECOWAS) and the African Union (AU) are active in seeking a return to the rule of law in Guinea. ECOWAS, in particular, has taken a prominent role in the response to the crackdown. After suspending Guinea from its membership, ECOWAS appointed Burkina Faso President Blaise Compaore as a mediator and, at an extraordinary Summit on 17 October, it mandated him to undertake negotiations on a transition to a constitutional order and credible elections. The Government of Guinea last week withdrew from these talks pending the return of Pres- ident Camara. ECOWAS has also imposed an arms embargo on Guinea and, together with the AU, has imposed targeted sanctions on individuals who would pose a threat to the transition. Ireland is engaged in efforts to alleviate the humanitarian situation in Guinea. To date in 2009 Irish Aid has provided approximately \400,000 in assistance to partner organisations working in Guinea. This funding has been provided to Plan Ireland and Childfund Ireland in support of their work in the health sector, and to Concern Universal for their work in disaster risk reduction and community resilience to water-borne diseases. With our EU partners, Ireland will continue to follow developments in Guinea closely and will support efforts to secure a return to democracy and constitutional order in Guinea, with a particular focus on the elections to be held next year.

Emigrant Support Services. 73. Deputy Denis Naughten asked the Minister for Foreign Affairs the progress made to date on resolving the issue of undocumented Irish in the US; and if he will make a statement on the matter. [46642/09] 539 Questions— 15 December 2009. Written Answers

258. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the progress made towards the regularisation of the undocumented Irish in the US; and if he will make a statement on the matter. [47133/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 73 and 258 together. Finding a solution for our undocumented citizens in the US continues to be a high priority of this Government. We are also committed to developing our bilateral migration arrangements with the United States, through the establishment of a reciprocal two year renewable visa scheme known as the E3 visa. In discussions with US Secretary of State Hilary Clinton, during her visit to Ireland in October, I stressed that the Government was continuing to pursue a three pronged strategy to address migratory flows between Ireland and the US. This strategy involves seeking a solution for the undocumented Irish, the establishment of an E3 visa and the further development of the working holiday programme, which was concluded last year. In response to these issues, Secretary of State Clinton indicated that immigration reform may be addressed in early 2010, following the passage of healthcare legislation. On my visit to Washington and New York on 14-17 October, I held extensive discussions on the prospect for progress on immigration reform with significant numbers of key Democrats and Republicans in Congress. These included the Chair of the Senate Judiciary Committee, Senator Patrick Leahy, Senator John McCain, Senator Lindsey Graham, Senator Jeanne Shaheen, Senator Chris Dodd, Senator Bob Casey, Senator Paul Kirk, the Chair of the House Sub Committee on Immigration, Zoe Lofgren and the members of the House of Representa- tives Friends of Ireland Group. There was considerable support expressed at these meetings for efforts to find a solution for the undocumented and for the E3 visa initiative. I received some indications that a comprehensive immigration bill which would address the concerns of the undocumented could be introduced in Congress in Spring 2010 but I was also told that such a timetable could be influenced by ongoing debate on health care reform and the fact that 2010 will be an election year in the US. In New York, I also had a very useful meeting with the Irish Lobby for Immigration Reform, who are continuing to lobby for the undocumented Irish, with the assistance of former Con- gressman Bruce Morrison. Since 2006, funding of $285,000 has been allocated by this Depart- ment, through the Emigrant Support Programme, to support the work of ILIR.

Foreign Conflicts. 74. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs the position regarding Somalia in view of the fact that several Ministers were recently killed in one of the areas of Mogadishu which is still under the control of the United Nations backed Somali Govern- ment. [46858/09]

270. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he will make a statement on the political, civil society and humanitarian position in Somalia. [47177/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 74 and 270 together. The situation in Somalia is of extreme concern, as the country has been without an effective government since 1991. Since it was established in 2004, the UN-backed Transitional Federal Government (TFG) has made little headway in establishing effective control over the country’s territory and restoring peace and stability. Continuous instability and conflict, in addition to deepening drought, have caused a huge humanitarian crisis. The long-standing absence of auth- 540 Questions— 15 December 2009. Written Answers ority in the country has led to Somali pirates becoming a major threat to international shipping in the area. A change of leadership at the head of the TFG in early 2009 was welcomed as a potentially positive step in Somalia’s decades-long political crisis. The administration still faces enormous challenges, not least the fact that it controls little of the country’s territory, and that significant armed groups remained opposed to the President. The most recent attack, to which the Deputy refers, was the suicide bombing which killed the Ministers for Health, for Education and for Higher Education, and the injury of the Minister for Sports and Tourism, along with the deaths of 19 others, including journalists. This was particularly serious as it happened in Mogadishu, in an area which is nominally under the control of the TFG. The first ever ESDP naval mission, Operation Atalanta, was launched in December 2008, with a mandate from the UN Security Council to contribute to the prevention, deterrence and repression of acts of piracy. It has been effective in delivering upon its mandate, protecting WFP shipments of food aid to Somalia and reducing the incidence of pirate attacks against shipping in the region. An estimated 3.64 million Somalis are currently in crisis, including a rural population affected by severe drought, urban poor who struggle with high food and non- food prices, and IDPs. According to the 2009 FAO/FSNAU assessment, the number of people in need of livelihood and humanitarian support has increased by 13%, from 3.2 million to 3.64 million since January 2009. Since 2007, Ireland has contributed \17.8 million in humanitarian assistance to Somalia. Funding over this period has been distributed to a variety of organisations, including NGO partners, Concern, Trocaire and World Vision and UN agencies such as the World Food Prog- ramme (WFP) and UN Refugee Agency (UNHCR). Over the same period \2,500,000 has been disbursed to two NGO partners, Concern and World Vision International, operating in Som- alia. These partners are implementing programmes in areas such as health, HIV & AIDS, education and the building of sustainable livelihoods. Ultimately, the insecurity and the piracy problem, the poverty and the humanitarian crisis which affect Somalis are consequences of the fact that Somalia remains a failed state. The only long-term solution is the restoration of effective government and the gradual building up of adequate justice and policing systems. The EU is strongly supportive of efforts to restore peace to Somalia and is the largest humanitarian donor to the country. But peace cannot be enforced from outside, the Somali people themselves must find a solution. The President has reached out to all parties and is open to dialogue and it is to be hoped that his efforts will be rewarded with success.

Question No. 75 answered with Question No. 58.

Question No. 76 answered with Question No. 37.

Question No. 77 answered with Question No. 47.

Question No. 78 answered with Question No. 39.

National Census. 79. Deputy Seán Fleming asked the Taoiseach if he will consider the inclusion of a question on autism spectrum disorder in the 2011 national census questionnaire in view of the importance of such information for the national disability strategy; and if he will make a statement on the matter. [46978/09] 541 Questions— 15 December 2009. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): As part of the preparatory work for the 2011 census the CSO conducted a public consultation by inviting members of the public and various interest groups to make submissions on the topics to be covered, and on the outputs to be produced. A notice to this effect was published in the national press in September 2008 seeking submissions, and all government departments were contacted for their input. This phase of the process has now concluded. A Census Advisory Group was set up in Autumn 2008 to consider the submissions received and advise on the questions to be tested in a pilot survey planned to be carried in April 2009. The Census Advisory Group is representative of central and local government, the social partners, universities, research bodies and other users of census data along with the relevant CSO personnel. Over 90 submissions covering 31 topics were received in total, among them submissions on the subject of disability, and in particular on the subject of autism. A specific sub-group was convened to consider the disability questions on the census form. This sub- group was composed of representatives from the National Disability Authority, the Equality Authority, the Disability Federation of Ireland and the National Federation of Voluntary Bodies. The proposal to list specific disabilities within the disability question, namely to make specific reference to autistic spectrum disorder, or downs syndrome, in the category ‘A learning or intellectual disability’ was considered at the second meeting of the group. The group concluded that it would not be appropriate, nor would there be enough room on the census form, to list all individual disabilities. However, in order to go some way towards accommodating this request the existing (2006) category ‘A learning or intellectual disability’ was split into two categories ‘An intellectual disability’ and separately ‘A difficulty with learning, remembering or concentrating’ for testing in the pilot survey. The group felt that this approach narrowed the categories and thus helped address the issue of autism, while allowing the question to remain as inclusive as possible. The new wording of the disability questions which were tested in the Census Pilot Survey in April 2009 were as follows:

Census Pilot Survey 2009 — wording of Disability questions (Form B)

14 Do you have any of the following long-lasting conditions or difficulties?

(a) Blindness or a serious vision impairment Yes No cc

(b) Deafness or a serious hearing impairment Yes No cc

(c) A difficulty with basic physical activities such as walking, climbing Yes No stairs, reaching, lifting or carrying cc

(d) An intellectual disability Yes No cc

(e) A difficulty with learning, remembering or concentrating Yes No cc

(f) A psychological or emotional condition Yes No cc

(g) A difficulty with pain, breathing, or any other chronic illness or Yes No condition cc

542 Questions— 15 December 2009. Written Answers

15 If ‘Yes’ to any of the categories specified in Question 14, do you have any difficulty in doing any of the following?

(a) Dressing, bathing or getting around inside the home Yes No cc

(b) Going outside the home alone to shop or visit a doctor’s surgery Yes No cc

(d) Participating in other activities, for example leisure or using Yes No transport cc

The CSO, in consultation with the Census Advisory Group, has now finalised its analysis of the results of the census pilot. This analysis has indicated that the revised questions on disability tested in the pilot have been successful and accordingly should be recommended for inclusion in the 2011 census questionnaire. In this regard it is important to bear in mind that only questions that have been tested and have been proven to have worked in the census pilot can be considered for inclusion in the 2011 census.

Economic Competitiveness. 80. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps taken or expected to be taken at European Union level to ensure the viability of the manufacturing and service sectors throughout the European Union with particular reference to the need to remain competitive; and if she will make a statement on the matter. [47137/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The economic and financial crisis has been a catalyst for one of the most significant and most extensive policy coordination endeavours among Member States. In December 2008, the Euro- pean Commission proposed and the European Council agreed to the European Economic Recovery Plan (EERP). The size of the total package is 5 per cent of EU GDP or some \600bn over 2009-10. The primary emphasis within the Plan is to preserve the Single Market and integrate Europe further within international markets. The Plan broadly supports the strategic aims of the Lisbon Agenda, that is investing in R& D; developing the right skills; promoting energy efficiency and clean technologies that will speed-up the transition to a low-carbon economy; support for small and medium enterprises and investing in infrastructure and interconnection in network grids in order to promote efficiency and innovation. These measures are complemented by the Member States’ determination to protect the most vulnerable and to avoid the drift into long-term unemployment. Accelerated implementation of the Structural Funds Programmes has helped boost infrastructure development and is making a major contribution to retraining people and supporting social cohesion, particularly through the European Social Fund. Workers, including Irish workers, who lost their jobs in 2009 have also been targeted for support from the European Globalisation Adjustment Fund (EGF). In addition, a significant increase in lending this year by the European Investment Bank (EIB) of \25 billion and European Bank for Reconstruction and Development (EBRD) of \8 billion has supported access to finance, particularly for SMEs. In that regard, Ireland has benefited from some \300m provided by the European Investment Bank for lending by the main Banks to SMEs for investment and expansion of their activities. 543 Questions— 15 December 2009. Written Answers

[Deputy Mary Coughlan.]

The Commission has also launched three public-private partnership initiatives to support energy efficient buildings, green cars and factories for the future. Following a proposal from the Commission, some \5 billion of unspent resources in the EU budget has been reserved for investments in energy (\ 4 billion) and broadband infrastructure (\1 billion). In 2009, the Ireland-Wales electricity inter-connector project was included in the European Energy Prog- ramme for Recovery with funding of up to \110 million. With a view to preserving and enhancing the competitiveness of European industry and improving the conditions for investment in Europe, the EU Competitiveness Council recently highlighted a number of priorities for the next decade under Four broad headings:

• Sustainable competitiveness and industrial policy and transforming Europe into an eco- efficient economy

• Creating the best framework conditions for growth and jobs

• Global competitiveness through enhanced innovation and research

• Keeping SMEs at the heart of Europe’s economy

Exploiting innovation, both technological and non-technological, in order to develop new areas of business and enterprise will feature prominently as a key element of the new EU Strategy towards 2020. The EU Commission are also consulting Member States about the formulation of a revised Innovation Plan for Europe for discussion during the forthcoming EU Spanish Presidency in 2010. The Innovation Plan will be based on developing the synergies of the “knowledge triangle” (i.e. linkages between research, education and innovation which are key drivers of a knowledge based society). I look forward to upcoming discussions to take place early in 2010 on the new strategy to replace the Lisbon Agenda. Europe needs an ambitious targeted Agenda to drive sustainable growth and jobs across the EU and to position us as the world’s most significant market and competitive trading bloc. We also need a strategy that will both help to re-skill our unemployed and to prevent the drift into long-term unemployment and one that will create jobs in the new eco-efficient economy.

Redundancy Payments. 81. Deputy Edward O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding an application for redundancy payment in respect of a person (details supplied) in County Cork which was submitted in April 2009. [46555/09]

544 Questions— 15 December 2009. Written Answers pany as well as certification from the company’s Accountant or Solicitor attesting to the fact that the employer has insufficient assets to pay the redundancy entitlements. Providing this documentation is submitted and is in order, the Department pays the employee(s) directly from the Social Insurance Fund. In this case, sufficient supporting information required from the employer was not provided to my Department. The employee has been advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee’s right and entitlement to redundancy. Once such a determination is available, this allows the Department to make payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Depart- ment in the usual way.

82. Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when redundancy payment will issue in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [46580/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory lump sum claim for the individual concerned on 1 December, 2009, claiming inability to pay on behalf of the employer. This application is awaiting processing. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from March 2009 and those filed online from April 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees such as in this instance, the Section is, in general, processing claims dating from June 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Department since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024. This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the reassignment of 26.7 additional staff (full time equivalents) from other areas of the Department to the Redundancy Payments area since early 2009 with ongoing review of trends and demands. The current number of staff serving in the Redundancy Payments Section in terms of full time equivalents is 52.5;

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their

545 Questions— 15 December 2009. Written Answers

[Deputy Dara Calleary.] payments, using the facilities and cooperation of the National Employment Rights Auth- ority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and will consider further measures to deal with the situation should current measures prove to be inadequate.

Job Creation. 83. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for funding by the county and city enterprise boards in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46585/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The role of the Waterford County and Waterford City Enterprise Boards (CEBs) is to provide support for small businesses with 10 employees or fewer in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level throughout Waterford City and County. The CEBs deliver a series of Programmes to underpin this role and they can provide both financial (grant) and non-financial (training, mentoring and a wide range of business advice activities) assistance to a project promoter. Business growth and job creation are inherent considerations in the activities of the CEBs and they continue to support enterprise development in the Waterford city and county areas ensuring that available funds are targeted to maximise entrepreneurial development at local level. The figures requested by the Deputy are attached in tabular format below. It should be noted that figures quoted for 2009 are preliminary; final figures will be available early in 2010. In addition, figures are also included detailing CEB training participation which also helps to stimulate indigenous enterprise creation and accompanying job creation. The figures relating to net jobs existing in CEB-supported micro-enterprises are gathered in a CEB Job Survey each year. Relevant data for each of the years 2006, 2007 and 2008 is attached in tabular format below. As figures are compiled on an annual basis, figures in respect of 2009 will not be available until early in 2010. Whilst figures show a net decrease in job creation for the CEBs (cited reasons for this include business closures due to the economic downturn and other normal operational conditions such as restructuring and businesses being sold on), a number of CEBs across the CEB Network have reported a significant increase in the number of informal queries from members of the public in relation to setting up their own businesses over the last few months with many Boards providing additional Start Your Business Courses and increased levels of mentoring for owner managers who are experiencing trading difficulties in order to meet the demand out there.

546 Questions— 15 December 2009. Written Answers

CEB No. Projects Assisted (i.e. approved for Grants)

2006 2007 2008 2009** No. No. No. No.

Waterford City 26 24 20 30 Waterford County 21 22 21 25

Total 47 46 41 55

CEB \ Grants Issued

2006 2007 2008 2009**

\\\\

Waterford City 163,417.63 244,640.08 279,599.66 225,211 Waterford County 226,164.09 295,171.94 281,326.69 224,677

Total 389,581.72 539,812.02 560,926.35 449,888

CEB Training Participants

2006 2007 2008 No. No. No.

Waterford City 298 266 330 Waterford County 151 281 383

Total 449 547 713 **Preliminary figures as of early December 2009.

Net Jobs Existing in CEB-supported companies (figures do not include job existing prior to CEB support)

CEB 2006 2007 2008

Waterford City 866.5 832.0 809.5 Waterford County 636.0 665.5 587.5

Total 1,502.5 1.497.5 1,397.0

Redundancy Payments. 84. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when a person (details supplied) in County Mayo will be awarded their statutory redundancy. [46713/09]

[Deputy Dara Calleary.] lump sum application for the individual concerned on 4 August, 2009, claiming inability to pay on behalf of the employer. This application is awaiting processing. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from March 2009 and those filed online from April 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees such as in this instance, the Section is, in general, processing claims dating from June 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Department since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024. This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• the establishment of a special call handling facility to deal with the huge volume of telephone calls from people and businesses who are naturally concerned about their payments, using the facilities and cooperation of the National Employment Rights Auth- ority (NERA). This centre has received an average of 12,500 calls per month this year with an estimated 60% relating to redundancy payments;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

Pension Provisions. 85. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of the statutory instrument entitled the National Authority for Occu- pational Safety and Health Spouses and Children’s Contributory Pension Scheme, 2000; the number of persons to whom the measures within this instrument apply; the cost of same; and if she will make a statement on the matter. [46722/09]

548 Questions— 15 December 2009. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Statutory Instrument to which the Deputy refers, comprises the details of the Spouses and Children’s Contributory Pension Scheme, 2002 for the National Authority for Occupational Safety and Health (NAOSH), renamed the Health and Safety Authority (HSA) in 2005. The measures apply to a contributing member of the Scheme who is a person serving as a pension- able employee of the Authority or a former member to or in respect of whom a pension or death gratuity, or preserved pension or preserved death gratuity, has been, or is, awarded in respect of his/her service. There are currently 4 people in receipt of a pension from the Health and Safety Authority, under the Spouses’ and Children’s Contributory Pension Scheme. The total cost for 2009 is \20,577. With effect from 23rd December 2009, the number of pensioners in receipt of benefits under the scheme will increase by 2. The cost of these two additional beneficiaries in 2009 is \207.81. I will provide the Deputy with a copy of the Scheme if he so wishes.

Unemployment Levels. 86. Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of apprentices within six to 12 months of completion of their apprenticeship without a job placement; the type of apprenticeship involved; and if she will make a statement on the matter. [46724/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The number of apprentices who are currently in apprenticeship but are not currently in employment, and who are within six to 12 months of completion is 2,365. Please note that completion of an apprenticeship is contingent on satisfying the criteria for the award of the Advanced Certificate Craft. These apprentices are from the following family of Trade Groups:

Trade Group Number

Construction 1,656 Electrical 536 Engineering 68 Motor 105

Redundancy Payments. 87. Deputy Michael McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the payment of statutory lump sum redundancy in respect of a person (details supplied) in County Cork. [46770/09]

[Deputy Dara Calleary.] as certification from the company’s Accountant or Solicitor attesting to the fact that the employer has insufficient assets to pay the redundancy entitlement. Providing this documentation is submitted and is in order, the Department pays the employee directly from the Social Insurance Fund. In this case, sufficient supporting information required from the employer was not provided to my Department. The employee has been advised by my Depart- ment to take a case to the Employment Appeals Tribunal against the employer to seek a determination establishing the employee’s right and entitlement to redundancy. Once such a determination is available, this allows the Department to make payment to the employee(s) concerned. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from March 2009 and those filed online from April 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees such as in this instance, the Section is, in general, processing claims dating from June 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Department since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024. This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

550 Questions— 15 December 2009. Written Answers

Cross-Border Shopping. 88. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to address the leakage of trade north of the border; the further steps she is taking to address this issue in the short and medium term; and if she will make a statement on the matter. [46790/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Whilst undoubtedly the single market offers opportunities to Irish consumers to shop anywhere within the European Union, the reality is that the majority of cross border shopping by Irish consumers occurs in Northern Ireland, which is not unexpected given our common land border and the current weakness of sterling against the Euro. The Government fully recognises the difficulties currently being faced by retailers and other businesses as an inevitable consequence of the current difficult economic climate and the importance of ensuring that we continue to have a viable and successful enterprise sector. It is all the more important in these difficult times that businesses, particularly those with a direct presence in the marketplace, ensure that they present as competitive an offering to the trade and the public as possible. Over the past few months we have seen significant downward pressure on costs and on prices generally. Both the NCB Manufacturing and Services Purchasing Managers’ Indices have shown a sustained and deep period of declining input costs for businesses in Ireland, driven, in part, by lower wage costs. This is matched by Consumer Price Index returns from the Central Statistics Office, which show that overall prices in Ireland fell by 6.6% in the year to October 2009. This compares with a fall of only 0.8 % in the UK for the same period. At the European level, the EU Harmonised Index of Consumer Prices, which is accepted as the most appropriate measure for community wide price comparisons, shows that in the year to August 2009 there was a fall of 2.4% in prices in Ireland as compared with an increase in prices of 0.6% throughout the EU as a whole. The above returns clearly show that prices are falling more rapidly in Ireland than in Northern Ireland, the UK and in the EU as a whole. This narrowing in the differential in prices is very much to be welcomed and clearly will help the competitiveness of Irish businesses. The ESRI recently predicted that, with our current control of costs, productivity should grow by over 3 per cent in 2010. Combined with projected wage decreases of 2.5 per cent, this represents a significant improvement in the competitiveness of the Irish economy. The Government decisions announced in last week’s budget, relating to the reduction in the rate of VAT and also the reduction of duty on certain alcohol products will further enhance the competitive position of Irish retailers. An additional significant factor in helping to balance prices in the two jurisdictions will be the decision of the UK Government, as announced in the Pre Budget Report speech of their Chancellor of the Exchequer last week, that the temporary reduction in the UK VAT rate is being reversed with effect for 1 January 2010, so that the rate will revert to the former level of 17.5%.

Economic Competitiveness. 89. Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she is taking to address the competitiveness challenge facing the manufacturing and service sector; the further steps she is taking to address this issue in the short and medium term; and if she will make a statement on the matter. [46791/09]

551 Questions— 15 December 2009. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Restoring cost competitiveness has been a major priority to address the competitiveness challenges facing all industry sectors in the economy. Action has been taken on a number of fronts to reduce the cost of doing business in Ireland. We are progressing recommendations aimed at increasing the level of competition and removing anti-competitive restrictions in sheltered sectors of our economy, which will also drive down costs. The High Level Group on Business Regulation 2009-10 work programme initially contained more than fifty recommendations from business, and some twenty-five of these recommendations have already been processed by the Group which will result in administrative cost savings for business. Furthermore, prices are coming down sharply and we have also seen a decline in unit labour costs, which has a direct effect on competitiveness. Overall, all categories of businesses, have benefited from significant energy price decreases in 2009. The Commission for Energy Regulation (CER) has recently announced that the PSO levy will be zero for 2009/2010. The level of capacity payments, that compensate electricity generators for their long run costs, will also be 15% lower in 2010 compared with 2009. Just last week, Bord Gáis Energy announced a further cut in the unit price of gas by an average of 8pc for residential and SME customers. The cut will be applied from 1 February 2010 and will be the third gas price reduction in less than a year, adding up to a total price decrease of 25pc since May 2009. A myriad of supports are available to companies to address their competitiveness concerns in both the short and medium term. Funding supports, advice on general cost cutting and energy reduction, productivity improvements, marketing strategies along with help to identify new sales opportunities are just some examples of the ways that assistance is provided. Enterprise Ireland are working with companies in both manufacturing and services sectors on a daily basis to help them enhance their competitive strengths and improve their export potential. Assistance is also being provided to help companies generate new sales by competing for public sector contracts, both domestically and internationally. The enterprise stabilisation fund, launched earlier this year, provides direct financial support to internationally trading enterprises that are investing in cost reduction or other measures to gain sales in overseas markets. Client companies of Enterprise Ireland, IDA Ireland, Údarás na Gaeltachta and Shannon Development across all sectors in manufacturing and internationally traded services are eligible to apply. \114.5 million is being made available in 2010 for the Employment Subsidy Scheme, representing an increase of \94 million on the 2009 provision. This scheme was introduced to support the maintenance of vulnerable jobs and prevent people from being made redundant. The first call of the scheme will provide subsidies directly for 7,773 jobs. In addition, firms have committed to retain a further 36,260 jobs. This means a total of just over 44,000 jobs will be retained as a result of the first call of the scheme. I have decided to have a second broader call for applications with extended eligibility criteria open to both exporting and non-exporting firms.

Redundancy Payments. 90. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when a person (details supplied) in County Mayo will receive their redundancy payment. [46809/09]

552 Questions— 15 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory lump sum claim for the individual concerned on 26 November, 2009 claiming inability to pay on behalf of the employer. The claim awaits processing. The Redundancy Payments Section of my Department is currently processing lump sum payments paid directly to employees in general, for claims dating from June 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Depart- ment since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024. This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners. The Tánaiste and I continue to monitor closely the impact of these changes against the continuing influx of redundancy claims and will consider further measures to deal with the situation should current measures prove to be inadequate.

Insolvency Payments. 91. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when a person (details supplied) in County Mayo will receive payment under the insolvency payment scheme. [46810/09]

553 Questions— 15 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I can confirm to the Deputy that my Department received an application under the Insolvency Payments Scheme on 27 November 2009 for Arrears of Wages, Holiday Pay and Minimum Notice on behalf of the person concerned and some former employees of this company. The impact on business of the severe economic circumstances currently pertaining has resulted in a significant rise in the level of company receiverships and insolvencies. Conse- quently, an increasing number of claims are being submitted to the Insolvency Payments Section, with 20,227 new claims lodged up to the end of November this year — an 84% increase over the corresponding period in 2008. My officials endeavour to process all claims as quickly as possible and claims are dealt with in order of date of receipt. Current processing times indicate that the individual’s claim should be paid by early March, however my Department is constantly endeavouring to achieve earlier completion and payment dates.

Industrial Development. 92. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of Industrial Development Authority site visits to Dungarvan, County Waterford, that have taken place in the past two years and to date in 2009; and if she will make a statement on the matter. [46813/09]

93. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of Industrial Development Authority site visits to Waterford city that have taken place in the past two years and to date in 2009; and if she will make a statement on the matter. [46814/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 92 and 93 together. I am informed by IDA Ireland that since 2007, a total of 29 visits have been made to Dungar- van and Waterford City. The attached tabular statement gives the breakdown of these visits.

Site Visits to Dungarvan and Waterford City

Year Visits to Waterford City Visits to Dungarvan

2007 8 1 2008 12 1 — Company visited both locations 2009 7 1

Employment Support Services. 94. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of companies in Waterford city and Dungarvan approved for funding under the employment subsidy scheme; the amount of funding involved; the number of jobs covered by this funding; and if she will make a statement on the matter. [46885/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The objective of the Employment Subsidy Scheme (Temporary) is to provide an employment subsidy to vulnerable but viable enterprises in order to maintain as many jobs as possible within these enterprises. 9 companies were approved for funding under the Scheme in Waterford City & County. These 9 companies were approved funding of \2,374,100, for 261 employment subsidies. These companies committed to retaining 2,639 full time employees until the end of 554 Questions— 15 December 2009. Written Answers

2010. Enterprise Ireland do not provide the information on a geographic basis lower than county.

Job Creation. 95. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of jobs created by agencies under her remit in Waterford city and Dungarvan in the past three years and to date in 2009; and if she will make a statement on the matter. [46886/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the Industrial Development agencies. Data is compiled on an annualized basis and is aggregated at overall county level. Figures for Waterford City and County are outlined in the attached table. The figures relating to net jobs existing in CEB-supported micro- enterprises are compiled in a CEB Job Survey each year. Relevant data for each of the years 2006, 2007 and 2008 in respect of County Waterford and Waterford City is attached in tabular format below. As figures are compiled on an annual basis, figures in respect of 2009 will not be available until early in 2010.

Net Jobs Existing in CEB-supported companies

CEB 2006 2007 2008

Waterford City 866.5 832.0 809.5 Waterford County 636.0 665.5 587.5

Total 1,502.5 1.497.5 1,397.0

Jobs Created in Waterford City & County

Agency No Jobscreated in No Jobscreated in No Jobs created in Total 2006 2007 2008

IDA Ireland 711 370 176 1,257 Enterprise Ireland 409 763 167 1,339

Departmental Programmes. 96. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of applications in Dungarvan, County Waterford, received under the work placement programme; the number approved; and if she will make a statement on the matter [46887/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): To date, 43 clients have applied for vacancies advertised under the Work Placement Programme in Waterford City and 24 clients for vacancies in Dungarvan. These individuals have been screened for eligibility by FÁS and suitable candidates’ details forwarded to employers. Out of the 67 applicants, 3 have been approved and have started positions with companies under the programme. Currently, there are 13 vacancies available to be filled under WPP scheme in Waterford City and 11 vacancies in Dungarvan. 555 Questions— 15 December 2009. Written Answers

Industrial Development. 97. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for funding under the enterprise stabilisation fund; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46888/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The provision of grant assistance to individual companies is a matter for the development agency or body concerned, and not one in which I have any function. However, I have been informed by Enterprise Ireland, that approximately \56m has been approved under the Enterprise Stabil- isation Fund, of which \50m will be paid out this year. To date, \42m has been paid to applicants under this fund. Enquiries have also been received from a further 100 companies. However, these enquiries have not as yet progressed to formal applications. 10 projects have not been successful and alternative options have been examined for these companies. To date, there have been 2 successful companies, employing 82 people, approved for funding under the Enterprise Stabilisation Fund from Waterford City and County, totalling \940,000.

98. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for funding under the growth fund in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46889/09]

99. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for company expansion funding by Enterprise Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46890/09]

100. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for funding by Enterprise Ireland in each of the past three years and to date in 2009 under its schemes for exploring new opportunities; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46891/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 98 to 100, inclusive, together. The provision of grant assistance to individual companies is a matter for the development agency or body concerned, and not one in which I have a direct function. Details of monies approved under the Growth Fund, launched in 2008, are available on a county basis only. Enterprise Ireland approved support of \799,394 to three companies in Waterford in 2008. In 2009 to date, Enterprise Ireland approved support of \481,791 to two companies in Waterford. Funding for company expansion is designed to assist companies’ expansion plans — this includes capital, training and employment supports, the focus of which is to increase exports. Since the beginning of 2006, Enterprise Ireland has approved support of \750,290 for four company expansion projects to three companies in Waterford. In 2006, Enterprise Ireland approved support of \310,527 to a company in Waterford, while in 2009 to date \439,763 was approved for two companies in Waterford.

556 Questions— 15 December 2009. Written Answers

Funding for exploring new opportunities is focused on investigating new ideas and markets as an essential aspect of business development. Enterprise Ireland provides financial assistance in a range of areas including support for: Feasibility Study Grants, Going Global (for Irish services companies), Commercialisation of Research and Development (CORD), Enterprise Platform Programme, GreenTech Support, EU 7th Framework Programme Support, Market Research, R & D Stimulation, Consultancy, Business Acceleration Programme (BAP), Gradu- ate Placements, Export Orientation Programme (EOP), Mentors, Trade Fair participation, Supply Chain Management and eBusiness Management. Since the beginning of 2006, Enterprise Ireland has approved funding to a total of 89 companies for 143 projects under ‘Exploring New Opportunities’ amounting to \2,615,689 in Waterford. In 2006, Enterprise Ireland approved \548,963 to 31 companies. In 2007, Enterprise Ireland approved \703,692 to 35 companies. In 2008, Enterprise Ireland approved \879,185 to 42 companies. In 2009 to date, Enterprise Ireland has approved \483,849 to 28 companies.

101. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for funding by Enterprise Ireland in each of the past three years and to date in 2009 under its schemes for research and development; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46892/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Conor Lenihan): The drive to encourage Irish companies to use science and technology to increase competitiveness and value added is a significant pillar of Government Policy, as recognised in the Strategy for Science, Technology and Innovation and the Smart Economy Framework. Ireland drives in-company Research & Development through a number of programmes administered through Enterprise Ireland. R&D funding for companies is one instrument of support for EI clients, which is used in conjunction with a range of soft and other financial supports such as Management Development and Productions Capability, to drive the development of indigenous companies. During 2009, funding for programmes of R&D activity in enterprise is projected to reach an investment level of \61m for companies, representing an increase of approximately 13% on 2008. This level of funding will be maintained in 2010. Companies in Waterford have benefited from R&D support as follows:

• In 2006 three companies in Waterford were approved for in-company R&D support worth \1,034,502.

• In 2007 one company in Waterford was approved for in-company R&D support worth \97,360

• In 2008 seven companies in Waterford were approved for in-company R&D support worth \1,145,591

• In 2009 three companies in Waterford were approved for in-company R&D support worth \336,907.

Enterprise Ireland also offers schemes whereby a Higher Education Institution is supported to undertake an R&D project on behalf of a company. In this way companies who do not have the necessary in-house capabilities to undertake specific R&D projects can source these R&D solutions from Universities or Institutes of Technology. One such industry-academic collaborative support is the Innovation Partnership programme:

• In 2006 one company engaged in such a project and the collaborative college was approved for \87,280.00 in order to meet the industry partner’s R&D needs.

557 Questions— 15 December 2009. Written Answers

[Deputy Conor Lenihan.]

• In 2007 six companies engaged in collaborative projects and the partnering colleges were approved for \818,969 in order to meet the industry partners’ R&D needs.

• In 2008 one company engaged in a collaborative project and the partnering college was approved for \272,408 in order to meet the industry partner’s R&D needs.

• In 2009 three companies engaged in collaborative project and the partnering colleges were approved for \381,329 in order to meet the industry partners’ R&D needs.

Another industry-academic collaborative support is Enterprise Ireland’s Innovation Voucher Initiative which provides vouchers worth \5,000 to small businesses to introduce them to innovation by linking them with a network of 38 knowledge providers, North and South of the border. A simple application process and facilitation support from Enterprise Ireland can help small companies who have never engaged in research to engage high skilled researchers to address key company needs and provide innovative solutions to business problems.

• This scheme commenced in 2007 whereby 27 Waterford companies received Vouchers worth a total of \135,000.

• In 2008 25 Waterford companies received 27 Vouchers worth \135,000

• In 2009 53 Waterford companies received 57 Vouchers worth \285,000.

It is clear that the global economic crisis is having a pronounced effect on the open Irish economy and accordingly in employment creation, particularly in sectors with limited R&D investment such as construction. The Government is keenly focused on supporting Irish enterprise with the ultimate goal of export growth, and subsequently sustainable employment. An analysis of Enterprise Ireland’s client base in 2009 shows that Small and Medium Enterprise who invest in R&D enjoy significantly greater rates of growth in both employment and sales and exports than those who do not undertake R&D. The results of this survey are evident in the performance of companies based in Waterford, while enterprises in Waterford suffered an overall loss in employment over the period, a total of 1,339 jobs were created by Enterprise Ireland client companies based in the county.

102. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and Dungarvan approved for grant aid by the Industrial Development Authority Ireland in each of the past three years and to date in 2009; the breakdown by each category of grant; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46893/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The amount of grant aid awarded by IDA Ireland to businesses in Waterford City and Dungarvan from 2006 to date in 2009 are shown in the attached tabular statements. In this period, a total of 25 businesses availed of such grants. The attached tabular statements give the breakdown of the grants given to these businesses. Job announcements associated with these grants are typically created over a period of between three and five years and grant payments are paid as jobs are created and the company makes a claim. The Forfás Annual Employment Survey records jobs gained and lost in companies supported by the Industrial Development Agencies. Data is compiled on an annualised basis and is aggregated at county level. Data in relation to 2009 will not be available until early 2010. In the period, 2006 to 2008, a total of 1,403 jobs were created in IDA Ireland supported companies in Waterford. The attached tabular statement gives the yearly breakdown of this figure.

558 Questions— 15 December 2009. Written Answers

2006 Grant Payments to companies in Dungarvan and Waterford City

Grant Type No. of Companies Grant Total \

Employment 4 1,127,264 Capital 1 2,928,958 R&D 3 574,445

2007 Grant Payments to companies in Dungarvan and Waterford City

Grant Type No. of Companies Grant Total \

Employment 2 1,598,943 Capital 1 5,000,000 R&D 1 471,096 Training 1 194,630

2008 Grant Payments to companies in Dungarvan and Waterford City

Grant Type No. of Companies Grant Total \

Employment 5 4,499,255 R&D 2 202,721 Training 1 37,614

2009 Grant Payments to companies in Dungarvan and Waterford City

Grant Type No. of Companies Grant Total \

Employment 2 432,200 R&D 1 35,367 Training 1 59,757

Number of new jobs created in Waterford from 2006 to 2008

Year New Jobs Created

2006 851 2007 376 2008 176

103. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of itineraries she has, through the Industrial Development Authority, hosted by potential investors in each county to date in 2009; and for each of the past ten years; and if she will make a statement on the matter. [46933/09] 559 Questions— 15 December 2009. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): IDA Ireland have only collated the figures on the number of itineraries to each county since 2003. Therefore, details of such itineraries prior to 2003 are not available. I am informed by IDA that to date in 2009, the Agency hosted a total of 1740 itineraries by potential investors to Ireland since 2003. The attached tabular statement gives the breakdown of these itineraries by county. These figures are not indicative of the number of companies that visited the country. Com- panies can visit more than one region and more than one location within a county. Therefore, these figures indicate the number of individual site visits made to various sites around the country.

First Time Site Visits by County from 2003-2009

County 2003 2004 2005 2006 2007 2008 2009

Carlow 0076711 Cavan 0124110 Clare 6313329 Cork 38 39 35 16 27 41 29 Donegal 3 1649333 Dublin 32 45 71 90 91 92 90 Galway 30 17 14 20 15 14 22 Kerry 2342343 Kildare 2000111 Kilkenny 0000000 Laois 4175661 Leitrim 2100000 Limerick 15 21 19 24 35 9 18 Longford 3110210 Louth 26 30 47 47 24 23 28 Mayo7823431 Meath 10 8 122032 Monaghan 0001000 Offaly 15 12714116 Roscommon 4320100 Sligo 11 1165625 Tipperary 2110001 Waterford 8 13 10 12 9 12 8 Westmeath 36 31 14 16 18 18 14 Wexford 8320100 Wicklow 1100022

Redundancy Payments. 104. Deputy John Cregan asked the Tánaiste and Minister for Enterprise, Trade and Employment when a redundancy payment will issue to a person (details supplied) in County Limerick; and if she will make a statement on the matter. [46964/09] 560 Questions— 15 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received rebate claims on 1 April, 2009 from this employer in respect of two of his former employees. I understand in this case that some queries arose in relation to the claims which my Depart- ment has been dealing with. In respect of one of the claims, all outstanding issues have been dealt with and I understand that payment on the claim should be made in early January 2010. In the case of the second claim, there remains an outstanding query and, once this is satisfactorily responded to, payment of the claim should also be possible. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from March 2009 and those filed online from April 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees, the Section is, in general, processing claims dating from June 2009. Given the unprecedented increase in Redundancy Pay- ment claims lodged with my Department since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024. This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000. Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

561 Questions— 15 December 2009. Written Answers

[Deputy Dara Calleary.]

Employment Support Services. 105. Deputy Deirdre Clune asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of companies in Cork city and county that have been approved for funding under the employment subsidy scheme; the amount of funding; the number of jobs involved; and if she will make a statement on the matter. [46969/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The objective of the Employment Subsidy Scheme (Temporary) is to provide an employment subsidy to vulnerable but viable enterprises in order to maintain as many jobs as possible within these enterprises. 55 companies were approved funding under the Employment Subsidy Scheme (Temporary) in Cork City & County. These 55 companies were approved funding of \6,605,600, for 726 employment subsidies. These companies committed to retaining 3489 full time employees until the end of 2010.

Consumer Protection. 106. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will consider amending consumer protection legislation in order to safeguard consumers who purchase a product from a company or source and when there is no requirement upon such a company or source to stock replacement parts or equipment once the warranty given has expired as long as such parts might be available somewhere else; and if she will make a statement on the matter. [46992/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Section 12 of the Sale of Goods and Supply of Services Act 1980 provides that, in a contract for the sale of goods, there is an implied warranty that spare parts and an adequate after-sale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is stated, for a reasonable period. The Section further provides that any term of a contract exempting this implied warranty shall be void. The thrust of the Deputy’s question would seem to be that Irish legislation should place an additional express requirement on traders to stock replacement parts or equipment after any warranty they have given has expired provided that those replacement parts or equipment might be available somewhere else. While I sympathise with the aim of the proposal, it raises a number of issues requiring further and more detailed consideration. As the Deputy is aware, the European Commission published in October 2008 a proposal for a Directive of the Euro- pean Parliament and of the Council on Consumer Rights. The proposal has been drafted on a full harmonisation basis and, if adopted on this basis, would preclude member states from going beyond its protections in national legislation. The proposal includes provisions on warranties and guarantees and, as it is still under discussion by the Council and the Parliament, I am not in a position to state whether a provision in domestic legislation along the lines suggested by the Deputy will be necessary or permissible in the future. Any judgement of this kind must await agreement on the final text of the proposed Directive.

562 Questions— 15 December 2009. Written Answers

I believe that, while everything possible and reasonable must be done to ensure that consumers are adequately protected, we should not place unrealistic or impractical obligations on traders. Supply chains for many consumer goods are long and complex. These goods often originate not just outside Ireland, but outside the European Community. It is proper to ask in this context if it is reasonable to require Irish retailers, particularly small retailers, to take legal responsibility for stocking replacement parts made by companies with whom they may have no direct commercial relationship and who may be located thousands of miles away. It is relevant to note in this context that countries whose legislation goes further than current Irish legislation in requiring traders to make spare parts available also recognise the effective limits to statutory requirements of this kind. The New Zealand Consumer Guarantees Act 1993, for example, provides that the manufacturers of goods supplied to consumers in New Zealand must take reasonable action to ensure that facilities for repair of the goods and supply of parts for repair are reasonably available for a reasonable period after the goods are so supplied. This obligation does not apply, however, where reasonable action is taken to notify the consumer at or before the time that the goods are supplied that the manufacturer does not undertake that repair facilities and parts will be available for those goods.

Redundancy Payments. 107. Deputy Noel J. Coonan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons in north Tipperary waiting on redundancy payments from her Department; the length of time these persons have been waiting; when these payments will be awarded; the number of persons waiting nationally; the steps being taken to speed up the process; and if she will make a statement on the matter. [47005/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I can advise the Deputy that the latest figures available to end November 2009 indicate that, on a national basis, the number of redundancy claims awaiting processing stands at 42,591. I should point out that my Department has, since 1 January processed 45,201 claims and made corresponding payments amounting to \287m (provisional figures) which results in average weekly payments to the value of \6.5m being issued. Unfortunately, I am unable to provide the Deputy with the specific information he has requested as the Department does not collate statistics for claims awaiting processing on the basis of local authority boundaries. I am sure the Deputy will appreciate that at this time my focus and that of my Department is on ensuring that redundancy payments are processed as quickly as possible. The Redundancy Payments Section of my Department is currently processing rebate applications submitted by post from March 2009 and those filed online from April 2009, so that the waiting time is approximately 8 to 9 months depending on the manner of filing the application. In respect of lump sum payments paid directly to employees the Section is, in general, processing claims dating from June 2009. Given the unprecedented increase in Redundancy Payment claims lodged with my Depart- ment since late 2008 it has proved impossible to maintain the customer service targets that previously obtained. The scale of the challenge is evident from the statistics that show incoming redundancy claims with a cumulative figure for the first eleven months of 2009 is 73,024, up 96% on the same period last year (37,257). This figure exceeds the claims lodged for the full year 2008 (40,607) and 2008 was, of itself, an exceptional year as compared with earlier years when claims received were of the order of 25,000.

563 Questions— 15 December 2009. Written Answers

[Deputy Dara Calleary.]

Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken include:

• the prioritisation of the Department’s overtime budget towards staff in the Redundancy Payments Section to tackle the backlog outside normal hours;

• The provision of better quality information relating to current processing times on the Department’s website;

• Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities with the Revenue Com- missioners.

FÁS Training Programmes. 108. Deputy Noel J. Coonan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons in north Tipperary waiting on FÁS training schemes; the waiting time for persons due to start these schemes; if she will provide this Deputy with a list of such schemes; if the number of staff working in north Tipperary FÁS offices has increased over the past year; the increase in the number of clients seeking assistance this year over last year; and if she will make a statement on the matter. [47007/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I understand from FÁS that a total of 194 persons in North Tipperary are currently awaiting placement on a FÁS training scheme. Of these, 149 persons are waiting for training courses delivered in the county with the remaining 45 persons awaiting places on courses delivered at the FÁS Training Centre in Limerick. Waiting times for placement on these programmes varies from between one and six months depending on the specific initiative. The staff complement working in FÁS facilities in North Tipperary remains at the same level of one year ago. Thus far this year a total of 1721 clients have sought the assistance of FÁS, an increase of 25% from the same period last year. The list below sets out the training programmes currently operating in North Tipperary.

564 Questions— 15 December 2009. Written Answers

FÁS Training Programmes Delivered in North Tipperary

Training Programmes

Nenagh Heritage Local Training Initiative Nenagh Childcare Training Nenagh Business Appraisal Nenagh Manual/Computerised Accounts Nenagh ECDL Nenagh HGV (Rigid) Nenagh Starting with Computers Nenagh Community Training Centre

Thurles Community Training Centre Thurles ECDL Thurles Manual/Computerised Accounts

Tipperary Lakeside Local Training Initiative

Roscrea ECDL Roscrea Starting with Computers Roscrea Healthcare Assistant

Departmental Expenditure. 109. Deputy Michael McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the funding available in 2010 for Skillnets; and if she will make a statement on the matter. [47020/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As set out in the published budgetary estimates for 2010 the total allocation available to Skillnets next year is \16.595m.

EU Funding. 110. Deputy Deirdre Clune asked the Minister for Finance if an application will be made to the EU for funding assistance following the recent floods here; and if he will make a statement on the matter. [46608/09]

Minister for Finance (Deputy Brian Lenihan): A number of Government Departments and agencies have responsibility for emergency planning functions. In relation to the recent flooding, I am informed that the Minister for the Environment, Heritage and Local Government is asking the local authorities for reports on the impact of the flooding and an assessment of the remedial works required. In the course of attending ECOFIN in Brussels recently, I raised the issue of EU funding with the Commission. My Department has also been in contact with the Commission to establish eligibility criteria and the scale of funding that might be available. A delegation from the Oireachtas European Affairs Committee met with EU Commissioner for Regional Development, Mr Pavel Samecki on 4th December to impress upon him the serious damage the extensive flooding has done to lives, land, and livelihoods throughout the country and to push for money from the European Union Solidarity Fund (EUSF) to assist Ireland in dealing with its worst effects. The EU Solidarity Fund was created as a reaction to the severe floods in Central Europe in the summer of 2002. Under the EUSF regulation, Member States and countries negotiating 565 Questions— 15 December 2009. Written Answers

[Deputy Brian Lenihan.] accession can request financial aid in the event of a major natural disaster. A national application to the EUSF in regard to the current flooding would have to meet certain criteria, including a high threshold of damages amounting to 0.6% of Gross National Income (GNI) or, based on 2009 figures, damages amounting to \973m. When more complete information on the scale and cost of the damage arising becomes available, full consideration will be given to ways of meeting these costs, including if appropriate, making application to the EU for financial support.

Garda Stations. 111. Deputy Brendan Howlin asked the Minister for Finance the cost to date of acquiring, processing and securing the site in Wexford for the proposed Garda divisional headquarters; the cost of planning, legal and related works; and if he will make a statement on the matter. [46716/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The cost associated with the site to date is \1.95 million.

Tax Collection. 112. Deputy John Perry asked the Minister for Finance if he will expedite payment in the case of a person (details supplied). [46913/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that, following the submission of outstanding VAT returns last week, all outstanding VAT refunds for the person in question have now been processed. Two payments were credited to the relevant bank account on 8th and 11th December and a further payment is being credited on 15th December. I am also advised that refunds of income tax, which were delayed pending the receipt of outstanding VAT returns, have been processed and will be made to the person in question this week.

Tax Code. 113. Deputy Ciarán Cuffe asked the Minister for Finance his views on the taxation, carbon emissions and other pollutants associated with liquid petroleum gas in comparison to petrol or diesel; his plans to encourage greater use of liquid petroleum gas fuel in private cars; and if he will make a statement on the matter. [46983/09]

Minister for Finance (Deputy Brian Lenihan): Liquid Petroleum Gas (LPG) has tax advan- tages in comparison to petrol and auto-diesel. LPG for uses other than as a propellant has a zero rate of tax, and the propellant tax rate is currently set at the minimum permitted by the Energy Taxation Directive. The current excise duty rate on LPG used as a propellant is 6.395 cents per litre. This rate will increase by 2.464 cents to 8.859 cents per litre on foot of the carbon tax with effect from 1 May 2010. This compares with 54.32 and 44.92 cents per litre, of which 3.438 and 3.998 cents per litre relates to the carbon tax charge, for petrol and auto- diesel respectively.

Flood Relief. 114. Deputy Christy O’Sullivan asked the Minister for Finance the amount of flood relief funding provided in the constituency of Cork South West in the years 2004, 2005, 2006, 2007 and 2008 broken down by year. [47019/09]

566 Questions— 15 December 2009. Written Answers

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works has not undertaken any capital flood relief works in the Cork South West area in the years 2004 — 2008. However, maintenance works are carried out annually on the Ouvane and the Bandon River (Dunmanway) Catchment Drainage Schemes.

Tax Code. 115. Deputy Fergus O’Dowd asked the Minister for Finance if a rebate of carbon tax on public transport providers has been considered; the possible costs involved; if this would be deemed illegal for public service providers in view of the abolition of the excise duty rebate last year due to a European Union competition directive; and if he will make a statement on the matter. [47155/09]

Minister for Finance (Deputy Brian Lenihan): I announced in the Budget that exemptions from the carbon tax will apply only to participants in the EU Emissions Trading Scheme (ETS) in respect of fuels covered. There is scope under the Energy Tax Directive to apply a lower rate of excise duty on auto-diesel in respect of certain local public passenger transport services and certain other commercial users, once the EU minimum rate is observed. However, the introduction of any such preferential treatment would require an extensive rebate system. It is estimated that a relief from carbon tax for local public passenger transport services using the same criteria as the previous excise duty rebate would cost in the region of \5m per annum. However, using the same criteria would not be possible under EU law and any relief would need to be wider in scope, but would also exclude some of those companies that had benefited from the previous excise relief scheme. It is estimated that a general carbon tax relief for commercial users of auto-diesel would cost the Exchequer approximately \70m per annum.

Civil Service Staff. 116. Deputy Joe Carey asked the Minister for Finance his plans to extend the special Civil Service incentive career break scheme beyond 2009; and if he will make a statement on the matter. [46590/09]

Minister for Finance (Deputy Brian Lenihan): The Special Civil Service Incentive Career Break Scheme 2009 was introduced as a once-off measure that was included in the Supplemen- tary Budget on 7 April 2009. There is no current proposal to extend the scheme.

State Properties. 117. Deputy Richard Bruton asked the Minister for Finance the revenue which will be raised from the sale of State property in 2010; the property which will be sold; the location of the property which will be sold; the current use of the property; the reason for the sale of the property; and if he will make a statement on the matter. [46614/09]

Minister for Finance (Deputy Brian Lenihan): The figure included in the Budget arithmetic relating to property sales in respect of 2010 is \10m. This figure concerns a number of property sales to be organised by the Office of Public Works, the proceeds of which will be paid into the Exchequer. For reasons of commercial sensitivity, it is not proposed, at the present time, to divulge details of the properties to be sold or to provide pre-sale estimates of the amount expected to be received from the sale of any particular property.

National Asset Management Agency. 118. Deputy Richard Bruton asked the Minister for Finance if he has sought advice from the

567 Questions— 15 December 2009. Written Answers

[Deputy Richard Bruton.] interim chief executive of the National Asset Management Agency regarding the impact the revisions in upwards only rent reviews will have on assets being transferred to NAMA; and if he will make a statement on the matter. [46615/09]

Minister for Finance (Deputy Brian Lenihan): The Department of Justice, Equality and Law Reform sought the views of my Department prior to commencing the rent review provision contained in section 132 of the Land and Conveyancing Law Reform Act 2009. As a matter of course my Department consulted with the interim NAMA on this issue, prior to responding to the Department of Justice, Equality and Law Reform. I would note that existing upward only rent review clauses are not affected by the legislation, and that so far as future contracts are concerned, the pricing of a contract will naturally reflect all of its features. For the future, impacts on NAMA of Government actions will of course be taken into account along with the broad range of issues that inform policy choices.

Redundancy Payments. 119. Deputy Michael McGrath asked the Minister for Finance the terms of the redundancy package which will apply to staff lay-offs at Anglo Irish Bank as part of the recently announced redundancy programme. [46678/09]

Minister for Finance (Deputy Brian Lenihan): On 4 November, Anglo Irish Bank announced the terms for a redundancy programme, seeking up to 230 redundancies, as part of a programme to reduce the cost base of the bank and to improve efficiency. The bank’s preference is to realise the targeted reductions through voluntary means in Ireland and the UK. The terms are: In Ireland, 4 weeks’ pay per year of service, plus statutory entitlement, to a maximum of 52 weeks pay; in the UK, 4 weeks’ pay per year of service, inclusive of statutory entitlement to a maximum of 52 weeks’ pay; in the US, 2 weeks’ pay per week of service, to a maximum of 52 weeks’ pay. This is the first phase of the bank’s redundancy programme and is as a result of the planned reduction in the size of the bank due to necessary restructuring and the transfer of loans to the National Asset Management Agency (NAMA). The programme commenced on 9 November and will conclude in February 2010. The bank has made it clear that there will be further reductions, similar in scale to the proposed reductions. Subsequent reductions in staff numbers will be framed against a review of Anglo’s structures, processes and IT systems, and will be in line with the Restructuring Plan for Anglo, which will need to be approved by the European Commission under EU State aid rules. The bank submitted its Restructuring Plan to the European Commission on 30 November and a detailed and comprehensive evaluation of the plan is now underway, in advance of any final decision by the Commission on the plan. The final terms for departing senior executives or ex-Directors of the Bank must be approved by the Minister for Finance under the Relationship Framework for the bank, and the bank’s proposals will be considered in that context.

National Wage Agreement. 120. Deputy Michael McGrath asked the Minister for Finance if his sanction was required prior to a bank (details supplied) confirming a 3% pay rise for its staff; and if he will make a statement on the matter. [46679/09]

Minister for Finance (Deputy Brian Lenihan): The Deputy will be aware that I have an “arms length” relationship with the named covered institution. As Minister for Finance I am not in a position to direct pay policy in a private sector company. I have previously pointed out that the pay award in question arose from an agreed interim Labour Relations Commission

568 Questions— 15 December 2009. Written Answers recommendation on remuneration matters before it involving non-senior staff and does not cover the payment of National Wage Agreement increases.

Tax Code. 121. Deputy Michael McGrath asked the Minister for Finance if he will respond to a query (details supplied) regarding the National Asset Management Agency Act 2009. [46680/09]

Minister for Finance (Deputy Brian Lenihan): The windfall tax rate of 80%, which was introduced under the National Asset Management Agency Act, will apply to the portion of any profit or gain made on the disposal of land which is attributable to a rezoning, where both the rezoning and the disposal of land giving rise to the windfall occur after 30 October 2009. A rezoning for windfall tax purposes is defined as a change from a non-development land use to a development land use or a mixture of such uses, or a change of development land use. If no change of zoning is required, or if the land was rezoned before 30 October 2009, the windfall rate will not apply. A material contravention does not change the zoning of a piece of land, therefore the windfall tax rate would not apply to a disposal of land on which development had been permitted by way of a material contravention.

Tax Clearance Certificates. 122. Deputy Michael McGrath asked the Minister for Finance if a document will issue to a person (details supplied) in County Cork. [46682/09]

123. Deputy Michael McGrath asked the Minister for Finance if documents will issue to a person (details supplied) in County Cork. [46684/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 122 and 123 together. I have been informed by the Revenue Commissioners that P21 Balancing Statements for the years 2005 and 2006 issued on 4th May 2007 and a P21 for 2007 on 29th May 2008. As there was not a request for a balancing statement for 2008, none has issued. The 2009 tax credit certificate issued on 3rd December 2008. The person in question may need to contact the Revenue Commissioners to update their record with details such as address. Contact may be made by telephone, email or written request to the following: Telephone: 1890 22 24 25; E- mail:[email protected]; Address for posting: Office of the Revenue Commissioners, South West Region, PAYE Mail Centre, P.O. Box 63, Ennis, Co Clare.

Fiscal Policy. 124. Deputy Michael McGrath asked the Minister for Finance the details of the national debt; the amount owed, broken down to its component parts; the persons to whom it is owed; the level the debt is expected to rise to in 2010; and the estimated amount of interest on the debt to be paid in 2010. [46686/09]

Minister for Finance (Deputy Brian Lenihan): The national debt stood at \72.3 billion at end-November 2009. In addition the National Treasury Management Agency (NTMA) held Exchequer cash balances which amounted to just over \29 billion at end-November. The NTMA advise that the overall gross debt at end-November comprised approximately 70% long-term bonds, 21% short-term debt and 9% government savings schemes. Based on the projected Exchequer Borrowing Requirements for 2009 and 2010, as published in Budget 2010, it is estimated that the national debt, excluding the cash balances, will be some

569 Questions— 15 December 2009. Written Answers

[Deputy Brian Lenihan.] \76 billion at end-2009, and just under \95 billion at end-2010. While the nature of the international markets makes it difficult to quantify, the NTMA advise that it is estimated that almost 80 per cent of Ireland’s gross debt is currently held by international investors. As outlined in the Stability Programme Update — December 2009, published on Budget day, it is estimated that interest costs on the national debt will amount to some \4.4 billion in 2010.

Tax Code. 125. Deputy Jimmy Deenihan asked the Minister for Finance if the 80% windfall tax under the National Asset Management Agency applies to the sale of a site for a one-off rural house; if so, if the land owner is exempt from the tax if they are over 55 years and farming the land for more than ten years; and if he will make a statement on the matter. [46727/09]

Minister for Finance (Deputy Brian Lenihan): The purpose of the new windfall gains provisions is to apply a higher 80% rate of tax to the profits or gains from land disposals where those profits or gains are attributable to a rezoning decision made by a local authority rather than to any value attributable to the work of the landowner. Subject to certain specified exceptions, the provisions will affect any individual or company who disposes of land that is rezoned on or after 30 October 2009. There are only two situations where such rezoned land may be disposed of without attracting the 80% tax rate:

1. Where the land is sold to an authority possessing compulsory purchasing powers solely because of the exercise by that authority of its compulsory purchase powers or where such an authority has given formal notice that it will exercise those powers.

2. Where the land is sold by a 75% subsidiary company of the National Asset Management Agency.

Where these two situations do not apply, the new 80% tax rate applies to any part of the profits or gains from the sale of a site for a one off rural house that is attributable to a rezoning decision made on or after 30 October 2009. I am informed by the Revenue Commissioners that where gains arising from the sale of land that are attributable to a rezoning decision made on or after 30 October 2009 are chargeable to capital gains tax rather than to income tax, some, or all, of such gains may be relieved from tax. This relief is known as ‘retirement relief’ and applies where certain conditions are met. In the case of a disposal of farmland, such conditions include the requirement for the landowner to be over 55 years of age and to have owned and farmed the land for the 10 years prior to disposal. The relief applies in full to an aggregate lifetime consideration for disposals of land and other farm assets of up to \750,000. Restricted relief applies to amounts that exceed this threshold. Farm assets include payment entitlements under the Single Payment Scheme where those entitlements are sold together with the associated land to the same person. In common with all taxation measures, I will review the application of the “windfall tax” measure to once- off disposals of sites for housing in the context of the forthcoming Finance Bill.

126. Deputy Joan Burton asked the Minister for Finance if he will confirm receipt of correspondence dated 26 March 2009 and 14 October 2009 from a person (details supplied); his views on whether there exists an anomaly or anomalies in the tax system with respect to the creation of an up front tax liability in respect of stamp duty and capital gains tax in the example provided; if he will take steps to rectify this in the forthcoming finance Bill; and if he will make a statement on the matter. [46771/09]

570 Questions— 15 December 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): Correspondence dated 26 March 2009 and 15 October 2009 was received in my Department from the person referred to by the Deputy. Replies issued to these letters on 5 June 2009 and 9 November 2009 respectively. In the case in question, a Stamp Duty liability may arise if property of an increased value is acquired, and a Capital Gains Tax charge may arise if property is disposed of. Neither the Minister for Finance nor Revenue is empowered to waive, defer or reduce Stamp Duty that may arise under the Stamp Duties Consolidation Act 1999, or Capital Gains Tax that may arise under the Taxes Consolidation Act 1997. I do not currently propose to make changes in this area but as the Deputy is aware, all taxes and potential taxation measures are constantly reviewed in the context of the Budget and Finance Bill. However, it is not customary for the Minister for Finance to comment on the detail of possible tax and expenditure changes in advance.

International Monetary Fund. 127. Deputy Joe Costello asked the Minister for Finance if he has made a commitment through G20 to make a contribution as part of an EU emergency package to the International Monetary Fund to finance new loans to countries in financial crisis; the amount promised; the method and timescale for contributing; and if he will make a statement on the matter. [46803/09]

Minister for Finance (Deputy Brian Lenihan): EU Heads of State and Government agreed, at their informal meeting in September 2009, that they would provide a total of up to \125 billion to the IMF, as the EU contribution to the trebling of the IMF’s resources, which was agreed at the G20 summit in London in April 2009 in response to the global financial crisis. Ireland’s share of the \125 billion is estimated at about \2 billion which would be made available, in the first instance, through a bilateral loan to the IMF of \1.3 billion which would subsequently be rolled up into Ireland’s contribution to the IMF’s New Arrangement for Bor- rowing, known as the NAB. The NAB is a set of credit arrangements between the IMF and a number of member countries for providing supplementary resources when ordinary resources are run down. NAB is, in effect, a backstop credit facility available to the IMF. Both the bilateral loan and the contribution to NAB involve the extension of a credit facility by the Central Bank to the IMF. The details of the bilateral loan agreement are under discussion with the IMF and will have to be approved by Government and enacted in new primary legislation. Ireland’s membership of the NAB will also require Government approval.

Tax Collection. 128. Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare is due a tax rebate for 2008; and if he will make a statement on the matter. [46815/09]

Minister for Finance (Deputy Brian Lenihan): I have been advised by the Revenue Commis- sioners that a review (P21) for 2008 issued to the person concerned on 30 November 2009 and a refund was issued on 4 December 2009.

Departmental Properties. 129. Deputy Damien English asked the Minister for Finance the annual cost of renting offices for staff displaced by the closure of the building at the Kells Road, Navan, County Meath; and if he will make a statement on the matter. [46925/09]

571 Questions— 15 December 2009. Written Answers

130. Deputy Damien English asked the Minister for Finance his plans for the future use of the vacant building at Kells Road, Navan, County Meath; and if he will make a statement on the matter. [46926/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I propose to take Questions Nos. 129 and 130 together. The annual rent for the lease of the Government Offices at Athlumney, Kilcairn, Navan is \573,000. While the Commissioners of Public Works have no immediate use for the former Government Offices at Kells Road, Navan, it is a valuable and strategic site, which will be retained by the State. A range of option for its longer-term use is being considered.

Employee Earnings. 131. Deputy Michael McGrath asked the Minister for Finance the number of PAYE employees in Cork city and county earning less than \25,000 per annum; the number earning between \25,000 and \50,000 per annum; the number earning between \50,000 and \75,000 per annum; the number earning between \75,000 and \100,000 per annum and those earning more than \100,000 per annum; for each of the years 2007, 2008 and to date in 2009. [46938/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the latest relevant historical information available on the incomes of employees taxed under the PAYE system is derived from income tax returns filed for the income tax year 2007, representing about 96% of all returns expected at the time the data were compiled for analytical purposes. On this basis the numbers of PAYE employees in Cork city and county is set out as follows:

Income Tax Year 2007 Cork City Cork County Cork City and County

Range of Gross Income Total Number Total Number Total Number

\\ — 25,000 37,602 52,279 89,881 25,001 50,000 25,905 26,304 52,209 50,001 75,000 8,200 6,963 15,163 75,001 100,000 3,031 2,191 5,222 Over 100,000 1,814 1,109 2,923

76,552 88,846 165,398

An estimated breakdown of the figures on a geographical basis is available on the basis of “bailiwick”, meaning, in this case, the jurisdiction or boundaries within which Revenue Sheriffs, County Registrars or their officers operate for the purposes of enforcement of tax debt. It equates geographically with “county”, while also providing separate breakdowns for “city” and “county” in the case of counties Dublin and Cork. The data relating to the allocation by city or county of PAYE employees should be treated with caution. This is because it has been the practice to associate each employee with the city or county in which his or her employer is registered for PAYE purposes, regardless of the address of the actual workplace or of the individual’s home address. Companies are associated on the tax record with the county address of the head-office or branch with which contact is established for tax purposes, which may be different to the city or county addresses of other branches. 572 Questions— 15 December 2009. Written Answers

A married couple, which has elected or has been deemed to have elected for joint assessment is counted as one tax unit. The source of the information provided in relation to numbers and tax is the P35 end year returns filed by employers in respect of their employees but does not include the corresponding figures relating to PAYE taxpayers who are required to return an income tax return form 11 where non-PAYE income is greater than \3,174.

Tax Code. 132. Deputy Olivia Mitchell asked the Minister for Finance if his attention has been drawn to the impact of the second home tax on businesses operating holiday cottages; if his further attention has been drawn to a statement (details supplied) that this tax would be deductible as a normal business expense and this now appears not to be the case; and if he will make a statement on the matter. [46966/09]

Minister for Finance (Deputy Brian Lenihan): The Tax Acts apply different rules to the computation of taxable income depending on the source of the income. The income receivable from the letting of premises such as self-catering accommodation is regarded as rental income and assessed accordingly. Income from the operation of hotels and bed and breakfast establishments is regarded as trading income and different rules apply to the assessment of such income. While the computation of the tax liability is broadly similar for both types of income, there are some differences. For example, in a rental situation where expenses exceed rents, the loss can only be used to reduce taxable rental income in years subsequent to that in which the loss arises whereas trading losses can be used to reduce other non-trading taxable income in the same year as that in which the loss arises, but can only be used to reduce taxable income from the same trade where it continues to be carried on in subsequent years. There is no provision whereby a homeowner could offset the \200 local authority charge in respect of non principal private residences. Nor is the \200 charge a deductible expense in respect of rental income where such properties are let.

Ministerial Remuneration. 133. Deputy Leo Varadkar asked the Minister for Finance the gross salaries of the Taoiseach, Tánaiste, Cabinet Ministers and Ministers of State; the reduction effects the 10% pay reduction announced in October 2008, new levies, and any further pay reductions agreed since in tabular form; and if he will make a statement on the matter. [46967/09]

Minister for Finance (Deputy Brian Lenihan): The information requested in respect of the named Office holders is set out in the following table:

Office Holder Salary at October 2008 Voluntary Deduction at Current Salary 10% \\\

Taoiseach 285,583 28,558 257,025 Tánaiste 245,325 24,533 220,792 Minister 225,196 22,520 202,676 Minister of State 154,740 15,474 139,266

Taxation increases have also taken place during this period which affects the net pay of all income earners. An income levy was introduced in Budget 2009 which applied at 1% on income up to \100,100, at 2% on income above \100,100 but below \250,120 and 3% on income in excess of 573 Questions— 15 December 2009. Written Answers

[Deputy Brian Lenihan.] this amount. These income levy rates were doubled and thresholds reduced to \75,036 and \174,980 in the Supplementary Budget in April 2009. The Health Levy was doubled from 2% to 4% and 2.5% to 5% and the higher threshold reduced from \100,100 to \75,036 in the Supplementary Budget 2009. The Financial Emergency Measures in the Public Interest Act 2009 introduced several remedial measures for the public finances including a pension-related deduction (PRD) on the remuneration of public servants, including office holders. The rates and bands applying effective from 1 May 2009, are as follows:

Band Rate

First \15,000 of earnings exempt Between \15,000 and \20,000 5.0 Between \20,000 and \60,000 10.0 Above \60,000 10.5

Because of the obligation by the Revenue Commissioners to conserve confidentiality in relation to the taxation affairs of all individual tax payers, the individual impact of taxation measures on the Office Holders concerned is not tabulated. Legislation is currently before the Oireachtas which will implement the recommendations of the Review Body on Higher Remuneration in the Public Sector in relation to the salaries of Office Holders. These recommendations are set out in Report No 44 which has recently been published. Under these recommendations the salary of the Taoiseach will be reduced by 20% to \228,466, and the Tánaiste and Ministers by 15% to \208,526 and \191,417 respectively. In accordance with the general recommendations of this Report the salaries of Ministers of State would be reduced by 8%. However, the Government intends to introduce an amendment to the Bill to reduce the salary of a Minister of State by 10% to \139,266.

Departmental Properties. 134. Deputy Róisín Shortall asked the Minister for Finance if he will support the request to waive his interest in a premises (details supplied); and if he will make a statement on the matter. [46988/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Commis- sioners of Public Works, on behalf of the Department of Finance, are responsible for the management of property under sections 28, 29, 30 and 31 of the State Property Act (1954), following the dissolution of companies, either voluntarily, or being struck off the Companies Register. The Minister may waive his interest in said assets, where appropriate, under the State Property Act (1954). The waiver applications received from both Lorcan Estate Residents’ Association (LERA) and Santry Scout Group are currently being dealt with by the Chief State Solicitor’s Office. There are a number of issues, which require clarification. Once these issues are addressed, the Chief State Solicitor will advise the Minister of the legal position. The Minister can then decide if it is appropriate to waive his interest or not.

Tax Code. 135. Deputy Michael McGrath asked the Minister for Finance the exceptions to the time 574 Questions— 15 December 2009. Written Answers limit within which PAYE taxpayers can claim a tax refund for previous tax years; and if he will make a statement on the matter. [47021/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the time limits for claiming repayments of tax are contained in section 865 Taxes Consoli- dation Act (TCA) 1997. Under section 865 a claim for repayment of tax must be made within four years after the end of the tax year to which the claim refers. I am further informed by the Revenue Commissioners that there are situations covered in tax law where, notwithstanding that the claim for repayment is bound by the four year time limit or other such time limit, the repayment itself may be for periods in excess of four years. Firstly, section 480A of the Taxes Consolidation Act (TCA) 1997 provides a relief from income tax in respect of certain earnings of sportspersons. The claim must be made within four years of end of the tax year in which the individual ceased permanently to be a sportsperson but such claim may refer to any ten tax years starting with the 1990-91 tax year. Secondly, section 489 Taxes Consolidation Act 1997 provides relief from income tax under the Seed Capital Scheme. The tax deduction must, in general, be claimed within two years from the end of the tax year in which the shares are issued and the deduction may be claimed for the tax year in which the investment was made or for any or all of six tax years prior to that tax year. Thirdly, sections 774(7)(b)(ii) Taxes Consolidation Act 1997 and 776 (2A) Taxes Consoli- dation Act 1997 provide for relief for pension contributions that are not ordinary annual contributions (i.e. they are special contributions) to be allowed in certain circumstances over such a period of years as the Revenue Commissioner may think proper. Whilst the claim must be made within four years of the end of the tax year in which the pension contribution is made, the tax relief can be given for such tax years as the Revenue Commissioner may think proper.

136. Deputy Paul Gogarty asked the Minister for Finance the percentage of tax paid by the top 4% of earners in 2007, 2008 and to date in 2009; the projected contributions for 2010; the figures for the next 4% and every successive cohort; and if he will make a statement on the matter. [47186/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the relevant historical information available relates to the income tax liability of the top 4% of income earners as derived from income tax returns filed for the income tax year 2007, the latest year for which such information is available. For that year it is estimated that the top 4% of income earners were liable for 42.4 % of the total amount of income tax due for that year. The estimates for 2008, 2009 and 2010, based on Revenue’s latest projections, are 44.5%, 45.2% and 48% respectively. The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary to take account of the most recent data available for income and employment trends for the years in question. They are therefore provisional and likely to be revised. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit. The information requested by the Deputy in relation to the next 4% and every successive cohort is not readily available and could not be obtained without conducting a protracted examination of the Revenue Commissioners’ records.

Food Labelling. 137. Deputy Rory O’Hanlon asked the Minister for Health and Children when legislation

575 Questions— 15 December 2009. Written Answers

[Deputy Rory O’Hanlon.] will be introduced for the labelling of food; and if she will make a statement on the matter. [46607/09]

Minister of State at the Department of Health and Children (Deputy Trevor Sargent): Food labelling is currently governed by Council Directive 2000/13/EC, transposed in 2002, with several amendments since. This applies to the labelling of pre-packaged foodstuffs for sale to the ultimate consumer or for supply to mass caterers. The principle underlying this directive is that the purchaser must not be misled and it has helped to ensure that the consumer is provided with the information required to make healthy consumption choices. In January 2008, the European Commission presented its proposals on updating and harmonising this legislation. The proposal is still under discussion. This proposal envisages the consolidation of existing legislation in the area of food labelling and the introduction of new provisions for Country of Origin Labelling, a mandatory nutrition declaration and allergen labelling, amongst others. In November 2008, Ireland submitted its position paper on the proposal. This paper was informed by submissions made to the FSAI by many of the key stakeholders. Ireland’s position was further informed by the recently published Food Safety Authority of Ireland 2009 labelling survey. In its position paper, Ireland

• supports mandatory Country of Origin Labelling,

• shares the concerns of a significant number of other member states with regard to National Schemes,

• welcomes the proposal for mandatory allergen labelling and supports the highlighting of allergens on labels,

• supports the equal treatment of all alcohol products,

• asks that consideration should be given to bringing alcohol products into the scope of the legislation,

• supports the retention of the Commission’s proposal with regard to the use of “per portion” expression alone in certain cases, and

• does not support the proposal for a minimum font size of 3mm for display of mandatory particulars and suggests that other aids to legibility, such as contrasting background, be explored.

Since January 2008 a number of meetings have taken place at European Union Working Group level, attended by officials from Department of Health and Children and the Food Safety Authority of Ireland. The next meeting is due to take place on 11 and 12 January 2010. On 16 March 2009, the European Parliament examined the proposal. Parliament has indicated, however, that it will not be in a position to conduct the first reading of the document until early 2010.

Health Services. 138. Deputy Bernard Allen asked the Minister for Health and Children the reason the social welfare officer who regularly called to a premises in County Cork has ceased calling and has informed persons that they must now go to Macroom resulting in inconvenience to local persons; and her plans to reverse the situation. [46699/09]

576 Questions— 15 December 2009. Written Answers

193. Deputy Bernard Allen asked the Minister for Health and Children the reason the welfare officer who regularly called to a premises in County Cork has ceased calling and has informed persons that they must now go to Macroom; if she will reverse this. [46984/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 138 and 193 together. As this is a service matter it has been referred to the Health Service Executive for direct reply.

Inter-Country Adoptions. 139. Deputy Jimmy Deenihan asked the Minister for Health and Children if she is satisfied with the procedure for the adoption of babies from India and the Philippines by couples here; and if she will make a statement on the matter. [46728/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): Both India and the Philippines have ratified the Hague Convention on the Protection of Children and Co-operation in respect of inter-country Adoption. The annual report of the Adoption board for 2007 indicates that the board processed three adoptions from India and two from the Philippines under the Adoption Act 1952. The Adoption Bill 2009, is designed to give force of law in Ireland to the Hague Convention. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adop- tion Bill 2009 when enacted. The current policy position, as set out in the Adoption Bill 2009, is that for an adoption to be registered under the Bill it must be effected in a contracting State to the Hague Convention or in a country with which Ireland has a bilateral agreement. The issue of transitional measures for prospective parents who are at a definable stage in the adoption process when the Bill is enacted and who wish to continue to adopt a child from a non-Hague, non-bilateral country, is being examined. Prospective adoptive parents have waited a long time and it is my intention to be as flexible as possible in relation to applicants.

Medical Cards. 140. Deputy Christy O’Sullivan asked the Minister for Health and Children the number of medical cards provided to children for the years 2004 to date in 2009, broken down per year. [47010/09]

200. Deputy Christy O’Sullivan asked the Minister for Health and Children the cost of providing medical cards to children for the years 2004 to date in 2009, inclusive, broken down per year. [47011/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 140 and 200 together. Details of the number of medical card and GP visit card holders are provided to my Depart- ment each month by the Health Service Executive (HSE). The figures are provided on a net basis, showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive’s database, e.g. following a review of a person’s circumstances. As the information sought by the Deputy is not provided by the HSE to my Depart- ment as a matter of routine, my Department has requested the Parliamentary Affairs Division

577 Questions— 15 December 2009. Written Answers

[Deputy Mary Harney.] of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

141. Deputy Thomas Byrne asked the Minister for Health and Children if the Health Service Executive will accept a letter from a firm of accountants certifying the level of income and assets of a person (details supplied) in County Meath when assessing their eligibility for an over 70 years medical card. [46560/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Patient Private Property Funds. 142. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 158 of 15 October 2009, the value of payments to date; the number of payments which have issued; when repayments will be made in the western region and in the remaining regions; the timetable for the completion of this process; the reclaim procedure for the next of kin; and if she will make a statement on the matter. [46566/09]

Minister for Health and Children (Deputy Mary Harney): The task of calculating and preparing payments of interest previously retained on invested patient private property funds by the HSE is continuing. The first payments of interest have now been made in the HSE South in respect of funds invested during 2005. To date interest of \60,900 in total was distributed to 1,120 clients. It is envisaged that payments to clients in the HSE West region will commence in early 2010 and payments to clients in the remaining regions will also commence later in 2010. The HSE is identifying the amount of retained interest due in each individual case and the recipient of each payment from records retained at each of the local care centres. There is no requirement for clients or next of kin to submit an application to receive a payment of retained interest.

Medical Cards. 143. Deputy Ciarán Lynch asked the Minister for Health and Children when a medical card renewal will issue to a person (details supplied) in County Cork; and if she will make a statement on the matter. [46568/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

144. Deputy Michael Ring asked the Minister for Health and Children the reason a medical card has not been renewed in respect of a person (details supplied) in County Mayo; and if it will be renewed. [46569/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

145. Deputy Michael Ring asked the Minister for Health and Children the reason a medical card has not been renewed in respect of a person (details supplied) in County Mayo; and if it will be renewed. [46570/09]

578 Questions— 15 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff. 146. Deputy Joan Burton asked the Minister for Health and Children the annual cost to the Exchequer of providing a chaplaincy service in national health institutions. [46571/09]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. As this is a service matter it has been referred to the HSE for direct reply.

Health Services. 147. Deputy Mary Wallace asked the Minister for Health and Children the reason dental services provided in a health centre have been withdrawn from a school (details supplied) in County Meath; and if she will make a statement on the matter. [46574/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

148. Deputy John Perry asked the Minister for Health and Children if an outstanding bill for day care in respect of a person (details supplied) in County Sligo will be waived in view of difficult financial circumstances; and if she will make a statement on the matter. [46576/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Medical Cards. 149. Deputy John Perry asked the Minister for Health and Children if persons (details supplied) in County Leitrim will have their general practitioner visit cards upgraded to full medical cards; and if she will make a statement on the matter. [46583/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospitals Building Programme. 150. Deputy Seán Barrett asked the Minister for Health and Children the position regarding the 235 bed extension to a hospital (details supplied) in Dún Laoghaire; the timescale for the commencement of work on the development, in view of the urgency of the situation; and if she will make a statement on the matter. [46587/09]

Minister for Health and Children (Deputy Mary Harney): I understand that the National Rehabilitation Hospital has recently submitted a business case for the development of a new national rehabilitation hospital to the Health Service Executive. This submission and developments at the hospital will be considered in the context of capital and revenue funding available for the health services in 2010 and the competing priorities for this limited funding.

579 Questions— 15 December 2009. Written Answers

Medical Cards. 151. Deputy Joe Costello asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 7; the level of coverage provided by the general practitioner visit card; and if she will make a statement on the matter. [46594/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Adoption Services. 152. Deputy Joe Costello asked the Minister for Health and Children her views on the UNICEF Report on Adoption from Vietnam, 2009; the reason she asked the Adoption Board to investigate an agency (details supplied); if the investigation is complete; if there is a conflict of interest between the membership of the Adoption Board and this agency; and if she will make a statement on the matter. [46599/09]

Minister of State at the Department of the Health and Children (Deputy Barry Andrews): I recently received the UNICEF report ‘Adoption from Vietnam: Problems and Challenges’ carried out by the International Social Service (ISS). I have discussed the findings of the report with a number of groups representing persons wishing to adopt from Vietnam. This consultation is an important component of my consideration of the issues raised in the report. I intend to complete my assessment shortly and recommend a course of action to Government with regard to future adoptions from Vietnam. My Office became aware of concerns around aspects of the operation of the mediation agency in question upon receipt of the ‘draft Final Report’ of the ‘Assessment of the Adoption System in Vietnam’ by ISS in mid August this year. The Adoption Board were contacted immediately upon receipt of the draft report. The Adoption Board’s role in registering adoption societies, including the mediation agency in question, make it the appropriate body to consider the issues raised. The matters under consideration in relation to the agency, along with the wider issue of adoptions from Vietnam are currently being considered in the context of the ISS, and the earlier MoLISA, reports.

Health Services. 153. Deputy Michael Ring asked the Minister for Health and Children her plans to develop podiatry services as a priority in a national diabetes service framework; and if she will make a statement on the matter. [46612/09]

154. Deputy Michael Ring asked the Minister for Health and Children when the development of a post (details supplied) in County Mayo will be progressed; and if she will make a statement on the matter. [46613/09]

156. Deputy Michael Ring asked the Minister for Health and Children when priority will be given to fund one whole time equivalent podiatrist in each hospital diabetes centre here, as per the recommendations of the Health Service Executive’s diabetes expert advisory group; and if she will make a statement on the matter. [46654/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to answer Questions Nos. 153, 154 and 156 together.

580 Questions— 15 December 2009. Written Answers

As these are service matters, they have been referred to the Health Service Executive for direct reply.

Medical Cards. 155. Deputy John McGuinness asked the Minister for Health and Children if she will review an application for a medical card in respect of a person (details supplied) in County Kilkenny. [46622/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 156 answered with Question No. 153.

Child Care Services. 157. Deputy James Reilly asked the Minister for Health and Children if her attention has been drawn to the funding for the newly opened cre`che at a location (details supplied) in County Dublin when there appears to be a deficit in start up funding that has put the cre`che in danger of closing after an allocation of more than \1 million in capital funding; if she will resolve this situation in order that the cre`che and voluntary and paid workers will continue to provide this much needed service to disadvantaged families in the current economic climate; and if she will make a statement on the matter. [46655/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have responsibility for the National Childcare Investment Programme (NCIP) 2006 — 2010, under which capital grant funding is made available to community and commercial childcare providers for the development of childcare facilities, and also for the Community Childcare Subvention Scheme (CCSS) which provides funding to community-based not for profit childcare facilities to enable them to charge reduced fees to disadvantaged and low income families. In 2008, the company in question received capital grant approval under the NCIP for \1 million to develop a community childcare facility. In addition, as a large-scale capital project scheduled to open in February 2009, the company received CCSS grant approval for \54,600, to assist with the start up costs of the project from January to December 2009. The project did not open until September 2009 and I understand that a payment of \22,570 has been made to the company in respect of the period August 2009 to December 2009 and that the balance will be paid to the company to cover the period January to July 2010. NCIP funding is subject to contractual requirements to safeguard the State’s investment. My Office has arranged for Pobal, which assists in the administration of the NCIP including the CCSS, to engage with the company to ensure that they develop a more robust financial plan to support the future sustainability of the project.

Health Insurance. 158. Deputy Michael McGrath asked the Minister for Health and Children the number of persons who held private health insurance for the years 2007, 2008 and to date in 2009; her views on whether there will be a significant reduction in the number for 2010; and if she will make a statement on the matter. [46661/09]

Minister for Health and Children (Deputy Mary Harney): The table shows changes in the numbers and percentage of the population covered under a private health insurance contract from 2007 to the end of June 2009.

581 Questions— 15 December 2009. Written Answers

[Deputy Mary Harney.]

Total (000’s) % Pop

Mar-07 2,192 50.8 Jun-07 2,204 50.8 Sep-07 2,226 51.1 Dec-07 2,245 51.2 Mar-08 2,254 51.2 Jun-08 2,269 51.3 Sep-08 2,282 51.6 Dec-08 2,299 52.0 Mar-09 2,286 51.7 Jun-09 2,278 51.5

There has been a small decrease in the number of people covered under a private health insurance contract in the first six months of 2009. It is not clear at this time the extent to which this is due to individuals ceasing to hold private health insurance or to individuals not taking out private health insurance for the first time. In the case of individuals who may have ceased to hold private health insurance, no survey of reasons for such a possible cessation has taken place, so it is not possible for me to give any numbers of or statement with regard to individuals who have ceased to hold private health insurance due to income pressure. Data are not available at this time with regard to the use of health services by persons who may have ceased to hold cover. However, all persons who hold private health insurance also have eligibility for services as public patients in acute hospitals which they can use while holding private health insurance cover.

Health Services. 159. Deputy James Bannon asked the Minister for Health and Children when a person (details supplied) in County Longford will be called for an appointment; and if she will make a statement on the matter. [46664/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

160. Deputy Billy Timmins asked the Minister for Health and Children the position regarding the case of a person (details supplied) in County Carlow; if they will receive an appointment; and if she will make a statement on the matter. [46677/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Procedures. 161. Deputy Brendan Kenneally asked the Minister for Health and Children the number of patients residing in County Waterford treated for foot ulcerations, who did not require a full or partial lower limb amputation, in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46685/09]

162. Deputy Brendan Kenneally asked the Minister for Health and Children the number of patients under 65 years residing in County Waterford treated for foot ulcerations, who did not 582 Questions— 15 December 2009. Written Answers require a full or partial lower limb amputation, in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46687/09]

163. Deputy Brendan Kenneally asked the Minister for Health and Children the number of full or partial lower limb amputations carried out on patients residing in County Waterford in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46688/09]

183. Deputy Ciarán Lynch asked the Minister for Health and Children the number of patients treated for foot ulcerations who did not require a full or partial lower limb amputation in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46908/09]

184. Deputy Ciarán Lynch asked the Minister for Health and Children the number of patients under 65 years of age treated for foot ulcerations who did not require a full or partial lower limb amputation in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46909/09]

185. Deputy Ciarán Lynch asked the Minister for Health and Children the number of patients residing in County Cork treated for foot ulcerations who did not require a full or partial lower limb amputation in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46915/09]

186. Deputy Ciarán Lynch asked the Minister for Health and Children the number of patients under 65 years of age residing in County Cork who were treated for foot ulcerations who did not require a full or partial lower limb amputation in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46918/09]

187. Deputy Ciarán Lynch asked the Minister for Health and Children the number of full or partial lower limb amputations carried out on patients residing in County Cork in 2007 and 2008; the number of those patients who had diabetes; and if she will make a statement on the matter. [46921/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to takes Questions Nos. 161 to 163, inclusive, and 183 to 187, inclusive, together. The information requested is contained in the table.

Area of Residence

Waterford Cork National Total

2007 2008 2007 2008 2007 2008

Number of admissions with a diagnosis 109 120 390 339 3,826 3,775 of foot ulcerations and without a full or partial lower limb amputation

Number of these patients with a 54 55 136 133 1,361 1,297 diagnosis of diabetes

Number of admissions aged under 65 28 22 89 97 1,100 985 with a diagnosis of foot ulcerations and without a full or partial lower limb amputation

583 Questions— 15 December 2009. Written Answers

[Deputy Áine Brady.] Area of Residence

Waterford Cork National Total

2007 2008 2007 2008 2007 2008

Number of these patients with a 15 13 32 38 412 420 diagnosis of diabetes

Number of full or partial lower limb 15 13 90 99 703 667 amputations

Number of these patients with a 8 6 45 53 334 338 diagnosis of diabetes

Number of bed days used by patients 447 271 2,098 1,452 12,937 11,637 with a full or partial limb amputation and diabetes

Source: Hospital Inpatients Enquiry. Note: Data refer to discharges from publicly funded acute hospital. Private hospitals are not included.

The HSE is currently developing a programme for diabetes which will establish an integrated diabetic service between community and hospital. Its objective is to improve specific targets to reduce both acute and chronic complications. It will also include effective foot care to reduce severe infection and amputation in diabetes. The recommendations of the Expert Advisory group will be progressed within the context of the Diabetes programme.

Hospital Services. 164. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 181 of 4 November 2009, when a reply will issue from the Health Service Executive. [46692/09]

Minister for Health and Children (Deputy Mary Harney): My Department has referred the parliamentary question concerned to the Health Service Executive for direct reply. I understand that the Executive is preparing a reply in the matter which will issue to the Deputy in the near future.

Health Services. 165. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 105 of 4 November 2009, when a reply will issue from the Health Service Executive. [46693/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

166. Deputy Arthur Morgan asked the Minister for Health and Children if a copy of the service level agreement that exists between a nursing home (details supplied) in County Donegal and the Health Service Executive will issue to this Deputy. [46697/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Service level agreements are an operational issue conducted between the Health Service Execu- tive and individual organisations. Therefore this matter has been referred to the Health Service Executive for direct reply.

584 Questions— 15 December 2009. Written Answers

Medical Cards. 167. Deputy Emmet Stagg asked the Minister for Health and Children, further to Parliamen- tary Question No 533 of 3 November 2009, the progress made on this issue. [46705/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff. 168. Deputy Arthur Morgan asked the Minister for Health and Children the number of national assistant directors in the Health Service Executive; the number of national assistant directors there have been each year since the establishment of the HSE; the average salary of a national assistant director in the HSE in 2009 and each year since the establishment of the HSE; the amount of bonuses awarded to the national assistant directors in each of the years since the establishment of the HSE; and if she will make a statement on the matter. [46733/09]

Minister for Health and Children (Deputy Mary Harney): The salaries of Assistant Directors/Assistant National Directors, since the establishment of the HSE, are set out in the following table:

Date of Salary Scale Salary Scale

2005 Grade did not exist

January 2006 \87,651 to \107,128 (Assistant Director)

June 2006 \89,842 to \109,806 (Assistant Director)

December 2006 \92,537 to \113,100 (Assistant Director; National Hospitals Office (HSE)) \92,537 to \113,100 (Assistant Director; Primary, Community, and Continuing (HSE)) \92,537 to \113,100 (Assistant Director; Population Health (HSE)) \91,176 to \111,165 (Assistant Director; Finance/HR/ICT (HSE))

June 2007 \94,388 to \115,362 (Assistant Director; National Hospitals Office (HSE)) \94,388 to \115,362 (Assistant Director; Primary, Community, and Continuing (HSE)) \94,388 to \115,362 (Assistant Director; Population Health (HSE)) \92,999 to \113,388 (Assistant Director; Finance/HR/ICT (HSE))

March 2008 \96,748 to \118,246 (Assistant National Director; National Hospitals Office (HSE)) \96,748 to \118,246 (Assistant National Director; Primary, Community, and Continuing (HSE)) \96,748 to \118,246 (Assistant National Director; Population Health (HSE)) \95,342 to \116,223 (Assistant National Director; Finance/HR/ICT (HSE))

September 2008 \99,166 to \121,203 (Assistant National Director; National Hospitals Office (HSE)) \99,166 to \121,203 (Assistant National Director; Primary, Community, and Continuing (HSE)) \99,166 to \121,203 (Assistant National Director; Population Health (HSE)) \97,707 to \119,129 (Assistant National Director; Finance/HR/ICT (HSE))

2009 As at September 2008

As the details of the number of Assistant National Directors employed and bonuses awarded to them are matters for the Health Service Executive, these parts of the question have been referred to the HSE for attention and direct reply to the Deputy.

Medical Cards. 169. Deputy Róisín Shortall asked the Minister for Health and Children, further to Parliamentary Question No. 265 of 20 October 2009, the reason a formal reply has not been 585 Questions— 15 December 2009. Written Answers

[Deputy Róisín Shortall.] issued by the Health Service Executive; and if she is in a position to furnish a reply to this question. [46735/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Repayment Scheme. 170. Deputy Jan O’Sullivan asked the Minister for Health and Children the number of claims received under the nursing homes repayment scheme; the amount paid out in repayments; if all claims have been settled; the amount paid to outside companies or agencies in respect of administration of the scheme; the companies and the amounts paid in each case; and if she will make a statement on the matter. [46740/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Health Repayment Scheme in conjunction with the appointed scheme administrator KPMG accountants and McCann Fitzgerald solicitors. A total of 35,300 claims have been received for the scheme. In excess of 35,000 or 99.3 % of all claims have been concluded. To date a total of \420.243 million has been paid to claimants. The remaining claims are being progressed currently and it is expected these will be finalised in the coming weeks. Since the scheme commenced in 2006, a total of \19.312m has been paid to companies that have been involved with the scheme. A breakdown of payments made to each of the companies is contained in the following table:

30/11/2009 2008 2007 2006 Total

\m \m \m \m \m Scheme Administrator 2.611 8.653 2.274 1.118 14.656 (KPMG & McCann/Fitzgerald)

IT Consultancy Services Client Solutions 0.00 0.011 0.00 0.00 0.011 I B M 0.001 0.031 0.034 0.028 0.094 Iron Mountain (USA) 0.002 0.001 0.002 0.002 0.007

Advertising Drury Communications 0.00 0.069 0.019 0.097 0.185 BBDO 0.00 0.00 0.417 0.727 1.144

Legal Expenses 0.578 1.245 0.770 0.486 3.079

Contract Consultancy — Accenture 0.00 0.00 0.00 0.012 0.012

Appeals Office IT Consultancy Complete Network Technology 0.00 0.015 0.007 0.005 0.027 IT Force 0.009 0.024 0.009 0.044 0.086

Printing Brunswick Press Ltd (Printing Costs) 0.00 0.005 0.00 0.00 0.005

Audit Grant Thorntan 0.006 0.00 0.00 0.00 0.006

Annual Totals 3.207 10.054 3.532 2.519 19.312

Total to 30th November 2009 19.312

586 Questions— 15 December 2009. Written Answers Medical Cards. 171. Deputy Róisín Shortall asked the Minister for Health and Children, further to Parliamentary Question No. 417 of 3 November 2009, the reason a formal reply has not been issued by the Health Service Executive; if she is in a position to furnish a reply to the question. [46745/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 172. Deputy Jack Wall asked the Minister for Health and Children if her Department or any of the agencies under her remit made a payment to a contractor for work completed in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46746/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Medical Cards. 173. Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on an application for a medical card in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [46748/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 174. Deputy James Bannon asked the Minister for Health and Children the reason her Department considers one day’s home help sufficient for a person (details supplied) in County Westmeath; the support available to them the other six days a week; and if she will make a statement on the matter. [46758/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Staff. 175. Deputy James Bannon asked the Minister for Health and Children if her attention has been drawn to the fact that elderly patients are being turned away from St. Joseph’s Hospital, County Longford despite beds being empty; her views on the impact that the moratorium on staff recruitment in the Health Service Executive is having on this situation; and if she will make a statement on the matter. [46759/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The Health Service Executive has operational responsibility for the delivery of health and social services, including those at facilities such as St. Joseph’s Hospital Longford. I understand that the HSE is currently restricting new admissions to the long stay unit, however the Unit is still providing respite admissions. The Employment Control Framework, which was agreed in March of this year sets out the overall policy for staffing levels in the health sector for 2009. The Framework incorporates the general moratorium on recruitment in the public sector.

587 Questions— 15 December 2009. Written Answers

[Deputy Áine Brady.] However, the moratorium has been modulated to minimise the impact on front line services and, in particular, on areas such as disability, services for older people, and child care. One of the key features of the Employment Control Framework for 2009 is that the approved employment ceiling for the health sector for 2009 is 111,800 WTEs. In addition, within this employment ceiling there will be a 3% payroll reduction for management and administrative grades in 2009 leading to a reduction of at least 500 in the numbers employed in these grades. The employment control framework specifically exempts staff in the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Thera- pists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Therapists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer, mental health, and disability services. Following a submission from the Health Service Executive earlier this year, it was agreed that special provisions would also apply in relation to Clinical Engineering Technicians, Dosimetrists, Physicists, and Radiation Therapists, which are specialist grades under the National Cancer Control Programme). The framework also provides that a proposal for the filling of a post on exceptional grounds will only be considered through the redeployment of a member of staff of the same or equivalent grade from another post or, the sup- pression of another or a number of other posts of an equivalent salary value to the post being proposed for filling. Furthermore, staff will be redeployed within and across pillars and from one institution to another to support the development of integrated care delivery. Health employment levels are monitored by the Joint Employment Control Monitoring Committee, which comprises officials from my Department, the Department of Finance and the HSE. This committee also reviews the implementation of the moratorium and any issues arising.

Medical Cards. 176. Deputy Lucinda Creighton asked the Minister for Health and Children when a medical card renewal will be processed in respect of a person (details supplied) in Dublin 4. [46767/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 177. Deputy Thomas Byrne asked the Minister for Health and Children if the medical needs of a child (details supplied) in County Meath have been assessed; if so, the length of time this child will have to wait before they receive the required medical treatment from the Health Service Executive. [46772/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

178. Deputy Michael McGrath asked the Minister for Health and Children when the national guidelines for the selection of patients for insulin pump use will be finalised; and if she will make a statement on the matter. [46788/09]

588 Questions— 15 December 2009. Written Answers

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Hospital Services. 179. Deputy Michael McGrath asked the Minister for Health and Children the details of the bed designation system that applies in the acute hospitals; the number of beds designated for public use and the number for private use; the details of the public and private patient mix for the years 2007, 2008 and to date in 2009; and the estimated loss to the Health Service Executive due to the fact it is not permitted to charge for accommodation in respect of a large number of private patients who occupy beds designated for public use. [46799/09]

Minister for Health and Children (Deputy Mary Harney): Although patients may be treated in public hospitals on a private basis, the core purpose of the public hospital system is to provide services for all patients under the statutory eligibility provisions. All persons ordinarily resident in Ireland have full eligibility for hospital services, meaning that there is universal access to public hospital care. The fact that a person may have private health insurance does not take away from his/her eligibility for services as a public patient. Care is needed to ensure that a perceived need to generate income does not operate to the detriment of service provision to public patients. The primary objective must be to avoid an excessive ratio of private practice within public hospitals and, subject to that being achieved, to recover whatever income is due in respect of that level of private practice. The Government’s focus is to achieve fair access by patients to publicly-funded hospital capacity based on medical need. The new consultants’ contract includes new rules on consultants’ public-private mix of patients and new measures to manage these rules by newly- appointed clinical directors. These contractual features complement existing bed designation rules. Bed designation was introduced as part of the overall framework to control the level of private activity in publicly funded hospitals. Under the Health (In-Patient) Regulations 1991, beds in public hospitals are categorised as public, private or non-designated. Under these regulations, no private patient being admitted electively may be accommodated in a designated public bed. The regulations contain reciprocal provisions regarding the accommodation of public patients in beds designated as private. There is provision for some exceptions to cater for emergencies. An approximate 80:20 public/private ratio applies. The national average number of acute hospital beds available in public hospitals in 2007, the latest year for which validated data has been compiled by the HSE, is 13,688. Of these over 10,200 were categorised as public, over 2,400 were categorised as private and the remainder as non-designated. The HSE Performance Reports indicate that the percentage mix of activity in acute hospitals in 2007 was 75.1% public to 24.9% private and in 2008 was 74.1% public to 25.9% private. The corresponding figure up to September 2009, the latest month for which data is currently available, stood at 75.2% public to 24.8% private. While this data indicates some slight improvement in the public /private activity mix it shows the importance of ensuring that the range of measures to control private activity that are now in place are fully implemented.

Medical Cards. 180. Deputy Joe Costello asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 7 who applied for renewal

589 Questions— 15 December 2009. Written Answers

[Deputy Joe Costello.] of their medical card more than two months ago; and if she will make a statement on the matter. [46802/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 181. Deputy Leo Varadkar asked the Minister for Health and Children if the D-DOC service in an area (details supplied) in County Dublin will close at midnight on Wednesdays and her views on whether one mobile general practitioner on-call is adequate for all of north Dublin; and if she will make a statement on the matter. [46877/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

182. Deputy Ciarán Lynch asked the Minister for Health and Children the number of bed days used by patients with diabetes who had full or partial lower limb amputations carried out in 2007 and 2008; the total in-patient cost of caring for them in each year; and if she will make a statement on the matter. [46906/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Questions Nos. 183 to 187, inclusive, answered with Question No. 161.

188. Deputy Joe McHugh asked the Minister for Health and Children if she will ensure that front-line services are retained for persons with multiple sclerosis; and if she will make a statement on the matter. [46930/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

189. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [46935/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 190. Deputy John McGuinness asked the Minister for Health and Children if a full medical card will be awarded to persons (details supplied) in County Kilkenny in view of medical circumstances; and if she will expedite the matter. [46970/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 191. Deputy Enda Kenny asked the Minister for Health and Children the number of operations cancelled at a hospital (details supplied) between the 23 November 2009 and 7 December 2009; the reason they were cancelled; and if she will make a statement on the matter. [46976/09]

590 Questions— 15 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive is responsible for the monitoring of elective activity in each acute hospital. This includes the collection and publication of performance data on acute hospitals nationally — including information on cancellation rates. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

192. Deputy John O’Mahony asked the Minister for Health and Children when a procedure will be performed for a person (details supplied) in County Mayo. [46977/09]

Minister for Health and Children (Deputy Mary Harney): The management of waiting lists generally is a matter for the Health Service Executive and the individual hospitals concerned. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

Question No. 193 answered with Question No. 138.

Health Services. 194. Deputy Jim O’Keeffe asked the Minister for Health and Children the number of people with diabetes here; the number of podiatrists in the public service; her views on the development of podiatry services to reduce the risk of amputations arising from diabetes. [46987/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Medical Cards. 195. Deputy Michael Ring asked the Minister for Health and Children the change in policy regarding expiry dates on the issuing of medical cards to people aged over 70 years; the reason a renewed medical card in respect of a person (details supplied) in County Mayo will expire in 18 months as compared to their previous medical card which was valid for five years. [46999/09]

Minister for Health and Children (Deputy Mary Harney): The administration of medical card applications, including assessment and dates for review, is the responsibility of the Health Service Executive. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

Hospital Services. 196. Deputy Pat Breen asked the Minister for Health and Children following the signing of contracts for a new endoscopy unit at Nenagh General Hospital, County Tipperary, the reason the contract for the endoscopy unit at Ennis General Hospital, County Clare, has not yet been signed; when she expects this contract to be signed; and if she will make a statement on the matter. [47000/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Community Care. 197. Deputy Noel J. Coonan asked the Minister for Health and Children the timeframe for reinstating a community welfare officer to a village (details supplied) in County Tipperary; if accommodation in the village has been sourced for the CWO; if her attention has been drawn

591 Questions— 15 December 2009. Written Answers

[Deputy Noel J. Coonan.] to the inconvenience that this is causing the residents who have to travel to another town to avail of the CWO; and if she will make a statement on the matter. [47004/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Ambulance Service. 198. Deputy Noel J. Coonan asked the Minister for Health and Children the status of a proposed new ambulance base in a town (details supplied) in County Tipperary; the reason for the delay in progressing this project; when in 2010 this project will progress as planned; the timeframe for the completion of the new facility; and if she will make a statement on the matter. [47006/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Service Reform. 199. Deputy Noel J. Coonan asked the Minister for Health and Children the number of recommendations outlined in a report (details supplied) that have been carried out to date in 2009 and if they were completed on schedule; if the remaining commitments are on schedule and when they will proceed and be completed; and if she will make a statement on the matter. [47008/09]

Minister for Health and Children (Deputy Mary Harney): The HSE reconfiguration plans which are underway in the Mid-West Region are informed by the Teamwork/Horwath Report referred to by the Deputy. The Report highlighted the need for changes to be made in the organisation and provision of acute hospital services across the region as it found services there to be too fragmented, to carry increased risks for patients and staff and to be unsustainable in their present form. The reconfiguration of services in the Mid-West Region began in early April, 2009. This involved the cessation of 24-hour Accident and Emergency services at Ennis and Nenagh. These hospitals now provide an urgent care/minor injuries service for 12 hours a day as part of a regional Accident and Emergency structure. The level of staffing of the ambulance services in Clare and North Tipperary has been enhanced and an advanced 24-hour paramedic service is also now in operation. Protocols are in place to ensure that all trauma, paediatric and obstetric emergency cases are brought directly to the major tertiary centre at Limerick Regional Hospital. All planned and emergency inpatient surgery has been moved from Ennis and Nenagh to Limerick Regional Hospital since early October, 2009. Ennis and Nenagh Hospitals are undertaking an expanded range of day case surgery and diagnostic work. I am pleased with the progress being made in this important project. I believe that the measures are necessary and appropriate to ensure the provision of safe and effective health services to the people of the Mid-West Region. I have asked the HSE to respond to the Deputy in relation to the detailed information that he has sought.

Question No. 200 answered with Question No. 140.

Health Insurance. 201. Deputy Michael McGrath asked the Minister for Health and Children if she will support a person (details supplied) in County Cork regarding their health insurance cover. [47022/09]

592 Questions— 15 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I have no role to play in the day to day operations of any private health insurance company, including issues relating to the settlement of claims. If the individual in question is not satisfied with decisions made by the private health insurance company, they may contact the Health Insurance Authority (www.hia.ie, Canal House, Canal Road, Dublin 6). In addition, complaints may be registered for investigation with the Financial Services Ombudsman (www.financialombudsman.ie, locall 1890 882090, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2)

Medical Cards. 202. Deputy John Deasy asked the Minister for Health and Children the sanctions specified in legislation to be applied to those who were automatically granted over 70 years medical cards and subsequently failed to inform her Department that their incomes exceeded the new income limits introduced in January 2009; and if she will make a statement on the matter. [47154/09]

Minister for Health and Children (Deputy Mary Harney): The Health Act 2008 provided for the removal of the automatic entitlement to a medical card for persons aged 70 and over. A new and much simplified system of assessment for eligibility was introduced in respect of persons aged 70 and over, based on gross income rather than net income, as applies otherwise for means-testing of eligibility for medical cards. The simplified approach taken for persons aged 70 and over who held a medical card prior to 31st December 2008 is close to a self-assessment system. In introducing the measures, I emphasised my belief in the honesty and integrity of the vast majority of older persons in our society. There are measures in the legislation that allow for the sharing of data between State agencies and the Health Service Executive (HSE) to allow the HSE to verify in any particular case if the person has income, as declared, under the gross income limit. Long-standing provisions of the Health Act 1970, as amended, continue to apply. For instance, there is a requirement for a person to notify the HSE of any change in his/her circumstances which would render him/her ineligible for services. In addition, when a person has obtained a service and it is later ascertained that he/she was not entitled to the service, the HSE may charge the individual for any services provided to him/her for the period for which he/she had no entitlement. The Health Act 2008 provides that the HSE shall provide any necessary supports to any person aged 70 or over in the making of an application for a medical card where, by reason of any incapacity, such person requests such assistance.

Road Traffic Offences. 203. Deputy Chris Andrews asked the Minister for Transport if legislation is in place regarding cycling speeds in urban areas; and if he will make a statement on the matter. [46601/09]

Minister for Transport (Deputy Noel Dempsey): There are no provisions in the Road Traffic Acts regarding cycling speeds in urban areas. There are, however, requirements on all vehicle drivers (including cyclists) to drive with due care and attention and reasonable consideration for other persons using the place.

Parking Regulations. 204. Deputy Mary Wallace asked the Minister for Transport the position regarding funding for park and ride facilities; if lands for the park and ride facilities must be in the ownership of the local authority or if they can equally be in the ownership of community organisations who

593 Questions— 15 December 2009. Written Answers

[Deputy Mary Wallace.] would be willing to provide the land for park and ride facilities; and if he will make a statement on the matter. [46563/09]

Minister for Transport (Deputy Noel Dempsey): Funding for Park and Ride facilities in the Greater Dublin Area is a matter for the National Transport Authority. The NTA has appointed an Oireachtas Liaison Officer to respond to questions raised by Deputies. The Oireachtas Liaison Officer is Matt Benville and he may be contacted at 6041098 or at the National Trans- port Authority, 59 Dawson Street, Dublin 2. My Department also makes funding available for bus priority and Park and Ride projects in the regional cities of Cork, Galway, Limerick and Waterford. It is a matter for the local authorities in these cities to prioritise projects and apply to my Department for funding. My Depart- ment is open to considering applications for Park and Ride funding in the regional cities on the basis of the business cases provided and in the light of available funding. There is no requirement for the lands in question to be in local authority ownership.

Statutory Instruments. 205. Deputy Leo Varadkar asked the Minister for Transport, further to Parliamentary Ques- tion No. 198 of 18 November 2009, the occasions over the past decade on which he signed a statutory instrument but that statutory instrument was subsequently not numbered in accordance with section 4(1) of the Statutory Instruments Act 1947; if, in each case, this was the result of an exemption sought under the act from the Attorney General; the reason for seeking such an exemption; if it was the result of departmental oversight; and if he will make a statement on the matter. [46698/09]

Minister for Transport (Deputy Noel Dempsey): It has not been possible in the time available to conclude an examination of all the relevant records. Officials in my Department are continuing their examination of the position and I will revert to the Deputy as soon as possible.

State Property. 206. Deputy Michael Ring asked the Minister for Transport, further to Parliamentary Ques- tions Nos. 417, 150, 151 and 152 of 3 December 2009 (details supplied), his views on whether this is contradictory to the response received from the local authority in question; the papers that were sent to the local authority; when same were sent; and if he will make a statement on the matter. [46738/09]

207. Deputy Michael Ring asked the Minister for Transport the way a matter (details supplied) will be progressed in view of the fact that it has been ongoing for more than two years; the cost in legal and other fees in that period; and if he will make a statement on the matter. [46739/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 206 and 207 together. The Chief State Solicitor’s Office has issued clear advice that all the necessary legal and contractual issues involved in this matter have not been resolved. The principal items of these issues include the registration of Common Areas, property management of the building and differences in the planning drawings. The Chief State Solicitor’s Office, acting on behalf of the Irish Coast Guard, forwarded a draft Caretaker’s Agreement to Mayo County Council’s solicitors on the 18th February 2008.

594 Questions— 15 December 2009. Written Answers

During a meeting between the Irish Coast Guard, the Chief State Solicitor’s Office, Mayo County Council and their solicitors on the 11th June 2008, the Coast Guard was advised that such an Agreement was unacceptable at that time. The CSSO Office have advised that the present proposals are unsatisfactory for the Department, and that the Irish Coast Guard would be in a weak position if there was a disagreement in the future which could expose the Depart- ment to additional costs. The Irish Coast Guard has recently reminded Mayo County Council that it is still willing to proceed along the lines of a Caretakers Agreement to allow the volunteers enter the building whilst legal difficulties are corrected and that the Coast Guard would be willing to pay a reasonable percentage of the remaining monies due on foot of such access. No legal fees are applicable in this case. I have asked, and been assured that, the outstanding issues will be dealt with in the appropriate manner and as quickly as possible. Indeed the Director of the Coast Guard and the Director of Services for Mayo County Council are currently dealing directly on the matter.

Road Network. 208. Deputy Joe McHugh asked the Minister for Transport when his Department received an application from a local authority for a project (details supplied); if the funding sought by the applicant will be awarded; and if he will make a statement on the matter. [46876/09]

Minister for Transport (Deputy Noel Dempsey): In December 2008, my Department received an application from Donegal County Council for funding for the Fanad approach road to the Mulroy Bay Bridge. This proposed strategic project is an addition to the original Mulroy Bay Scheme. The project will be considered for funding in 2010, subject to the availability of resources and the position regarding other competing strategic projects from local authorities.

Appointments to State Boards. 209. Deputy Ruairí Quinn asked the Minister for Transport the background information on the persons that he has appointed to the National Transport Authority; and if he will make a statement on the matter. [46903/09]

Minister for Transport (Deputy Noel Dempsey): I refer to my reply to Question No. 31 on 9 December 2009.

Road Safety. 210. Deputy Seán Fleming asked the Minister for Transport if he will provide a copy of the statutory instruments or legislation passed by his Department and a copy of the original Euro- pean Union directive to which they relate, in respect of rules and regulations governing the testing of motor cars; and if he will make a statement on the matter. [46973/09]

Minister for Transport (Deputy Noel Dempsey): Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority. Copies of statutory instruments are available on the Irish Statute book website at www.irishstatutebook.ie. Copies of European Union Directives are available on the European Union law website at www.eur-lex.europa.EU.

Road Network. 211. Deputy Michael Ring asked the Minister for Transport the funding available for a road (details supplied); and the plans to have this road upgraded.. [47001/09]

595 Questions— 15 December 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads in its area is a matter for Mayo County Council to be funded from its own resources supplemented by State road grants. In 2008, and again in 2009, Mayo County Council received funding for design work on the R312 Belmullet to Castlebar Road, under the Department’s regional and local road strategic grant scheme. The project is up for consideration for further funding in 2010. The 2010 regional and local road grant allocations will be announced early next year.

Legislative Programme. 212. Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform when section 132 regarding upward-only rent reviews of Statutory Instrument 356 will come into effect; and if he will make a statement on the matter. [46923/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that Section 132 will come into force on 28 February 2010 (Statutory Instrument No. 471 of 2009 refers).

Garda Training. 213. Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform when the last class of students was taken into the Garda Training College, Templemore, County Tipperary; the number of staff who have lost their jobs there since the supplementary budget in April and in what areas; when he expects the next class of students will enter the college; if he is aware of the effect this embargo is having on the town in question; and if he will make a statement on the matter. [47009/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the latest intake of Garda recruits was in May of this year and that there are currently a total of 326 unattested students in training in Templemore. The Deputy will be aware that approximately 900 student Gardaí will have become attested to the force throughout the course of 2009. While the moratorium on Public Service recruitment applies to Garda recruitment, I intend to review the position during the course of 2010 in consultation with the Garda Commissioner and my colleague the Minister for Finance. The determination of canteen and restaurant personnel numbers is a matter for the Director of Training at the Garda College and the Restaurant Manager in consultation with Senior Garda Management. The personnel at the Garda restaurant are engaged under the terms of a contract which was negotiated some years ago in association with SIPTU and this contract clearly sets out their conditions of employment. As a result of the moratorium on recruitment and promotions in the Public Service, a review of the staffing arrangements in the Garda College was carried out in consultation with all concerned. Arising from this review, the Direc- tor of Training and members of his management team negotiated the terms of a redundancy package for 21 restaurant staff, as provided for in the contract, with union members and the SIPTU representative in relation to the restaurant personnel. These terms were agreed to by the personnel involved and their union representative. To date this year approximately 8,000 student and full time Gardaí have participated in courses in Templemore and the number of courses is increasing. It should be noted that the College is one of the largest employers in North Tipperary. The situation in relation to recruitment and training will continue to be monitored to ensure that optimum use is made of the resources available at the Garda College.

596 Questions— 15 December 2009. Written Answers

Probation and Welfare Service. 214. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform the policy of the probation service in locating probation centres in residential areas; if it is planned to do so at Westview House, St. Patrick’s Hill, Cork; the guarantees the probation service give to allay the concerns regarding the safety of school-going teenagers in five adjacent secondary schools and for local residents; and his plans to move the young persons probation service from the centre in Cove Street. [46562/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy Barry Andrews): I wish to inform the Deputy that the Probation Service has developed a partnership approach over many years within communities and developed local links where projects are established. It is the policy of the Probation Service when deciding where to locate facilities for offenders to take local concerns and accessibility for clients into account and to consider a range of issues including public safety, in the operation of the centre and its activities. In line with this approach the Probation Service recently held an open evening at Westview House for local residents and received positive feedback from residents that the premises was back in use. A number of local residents also offered to do voluntary work with the young people at the premises. The young people who attend Westview House have been deemed by a court to be suitable candidates for community supervision or activities. I wish to refer the Deputy to my reply to Parliamentary Question No. 168 on 9 December 2009. The Deputy will note that the premises in question has been used by the Probation Service for over 25 years.

Road Traffic Offences. 215. Deputy Chris Andrews asked the Minister for Justice, Equality and Law Reform the number of offences regarding bicycle lighting in 2008 and to date in 2009; and if he will make a statement on the matter. [46601/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are no provisions in the Road Traffic Acts regarding cycling speeds in urban areas. There are, however, requirements on all vehicle drivers (including cyclists) to drive with due care and attention and reasonable consideration for other persons using the place.

Citizenship Applications. 216. Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform when a certificate of registration will issue in respect of a person (details supplied) in County Monaghan; if there is a problem with this application; and if he will make a statement on the matter. [46620/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed that the person to whom the Deputy refers was granted permission to remain in the State in January of 2002 under the arrangements then in place for the non-EEA parents of Irish citizen children. The most recent permission to remain granted to the person in question expired on 23 November, 2009. The person concerned is advised to write to my Department at INIS, PO Box 10003, Dublin 2, outlining his current family circumstances. Consideration will then be given to renewal of his status and the person in question will be contacted directly and notified of any decision made. An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in March of 2003. On examination of the application submitted it was determined that the person in question did not

597 Questions— 15 December 2009. Written Answers

[Deputy Dermot Ahern.] meet the statutory residency requirements as set out in the Irish Nationality Act, 1956, as amended. The person concerned was informed of this in a letter issued to him on 4 March, 2005. It is open to the person in question to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when he is in a position to meet the statutory requirements.

Drugs in Prisons. 217. Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the quantity, type and value of drug seizures in each prison here for 2007, 2008 and to date in 2009. [46659/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The confiscation of drugs (or suspected drugs) was recorded by our prisons under the generic description of “prohibited articles/substances” in 2007 and 2008. Therefore an accurate breakdown as requested by the Deputy for that period is not available without the manual examination of records going back over a considerable time period. From May 2008 (when new security initiatives were first introduced) to 31 December 2008, there were 351 drug seizures within the Irish prison system. In 2009 to date, prisons recorded seizures of drugs as set out in the table below. Statistics for Arbour Hill, Loughan House and Shelton Abbey will not be available until the end of the year and will be forwarded to the Deputy in due course.

Prison/Place of Detention Number of Drug Seizures in 2009

Arbour Hill Prison Available at end of year Castlerea Prison 62 Cloverhill Prison 83 Cork Prison 31 Dóchas Centre 10 Limerick Prison 69 Loughan House Available at end of year Midlands Prison 88 Mountjoy Prison (male) 505 Portlaoise Prison 19 Shelton Abbey Available at end of year St. Patrick’s Institution 85 Training Unit 3 Wheatfield Prison 151

The Irish Prison Service does not have the facility to test substances found or seized and therefore cannot state definitively the type or value of drugs seized. Gardaí are contacted once suspected drug seizures are made and issues of investigation and prosecution fall within their remit. The Irish Prison Service continues to work to implement its Drug Policy & Strategy, entitled “Keeping Drugs Out of Prison”, which was launched in May 2006. Working to fulfil the commitments contained in the Policy and Strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population as well as meeting prisoners treatment and rehabilitative needs. 598 Questions— 15 December 2009. Written Answers

Drug Users present with multiple and complex problems. The evidence would indicate that a multidisciplinary approach is needed to effectively care for this group and that maintenance of a personalised therapeutic relationship yields the best outcomes. Prisoners have access to a range of medical and rehabilitative services such as psychosocial services and work and training options which assist in addressing their substance misuse issues. The Irish Prison Service has committed significant investment in recent years in responding to addiction issues in the prison system. The most significant new development was the awarding of a contract for addiction counselling services to Merchants Quay Ireland. The Addiction Counselling Service is, in conjunction with other developments, now delivering nearly 1000 hours per week of prisoner access to addiction counselling across the prison system. The priority of my Department and the Irish Prison Service is, notwithstanding present resource difficulties, to ensure that an appropriate range of treatment services is available to all prisoners requiring same.

Immigration Procedures. 218. Deputy Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform the number of United States citizens refused entry into here; the reason for the refusal (details supplied); and if he will make a statement on the matter. [46662/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda National Immigration Bureau that the number of American citizens who have been refused entry to Ireland between 1st January 2009 and 30th November 2009 is one hundred and fifty-five (155). I have also been informed that the person referred to by the Deputy, arrived in Dublin Airport on 23rd November 2009 on an Aer Lingus flight from Chicago. Following enquires made at the time by an Immigration Officer, this person was refused permission under section 4.3(a) of Immigration Act 2004 -“ that the non national is not in a position to support himself or herself and any accompanying dependants”. A notice to that effect was served on this person. The reasons as to why he was being refused entry to the State were also clearly explained to him. All passengers arriving in this State must pass through Immigration Controls to ensure that those persons, who, by law, require the permission of an Immigration Officer to enter the State are subject to the proper controls.

Citizenship Applications. 219. Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [46663/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applications for certificates of naturalisation from the person referred to in the Deputy’s Question were received in the Citizenship Division of my Department in March 2008 and September 2009. On examination of each application submitted it was determined that the person concerned did not meet the statutory residency requirements as set out in the Irish Nationality and Citizen- ship Act, 1956, as amended. The person in question was informed of this in letters issued to him on 15 August, 2008, 11 May, 2009, 10 September, 2009 and 15 September, 2009. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when he is in a position to meet the statutory requirements.

599 Questions— 15 December 2009. Written Answers

Garda Investigations. 220. Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the assistance available to persons (details supplied) in County Westmeath who are being intimi- dated by a neighbouring family; and if he will make a statement on the matter. [46665/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the matter referred to by the Deputy is under investigation by them. It would therefore be inappropriate for me to comment further at this time.

Garda Deployment. 221. Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the number of serving gardaí in the Limerick operational district at all levels; the number of applications for retirement made by gardaí to date in 2009 within the Limerick district; the number of retirements anticipated in 2010 in tabular form; the impact this will have on the operations of An Garda Síochána in Limerick; and if he will make a statement on the matter. [46676/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Limerick Garda Division is made up of the Districts of Askeaton, Bruff, Henry Street, Newcastle West and Roxboro Road. I am informed by the Garda Authorities that the total personnel strength of the Limerick Division, as of the latest date for which figures are readily available, was 644 compared to 634 on 31st December 2008. The number of applications for retirements throughout 2009 from the Limerick Division is as set out hereunder and is based on the latest available figures:

C/Supt Supt Insp Sgt Garda Total

2009 10473749

While the rate of retirements in 2009 increased compared to previous years, a not unexpected factor in this increase is the impact of the three year extension of the retirement age which was extended to the Garda Síochána in 2006. There have been no applications received to date from members in the Limerick Division for retirement during 2010.

Garda Reserve. 222. Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform if recruitment of Garda Reserve members is subject to the recruitment embargo; and if he will make a statement on the matter. [46736/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve as its members are volunteers and do not draw a salary.

Garda Retirement. 223. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform his views on a newspaper article (details supplied) stating to the effect that senior members of An Garda Síochána who were retiring in great numbers of late had been just hanging on; and if he will make a statement on the matter. [46750/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is my top priority as Minister for Justice Equality and Law Reform to maintain the crime-fighting capacity of the 600 Questions— 15 December 2009. Written Answers

Garda Síochána. In this regard, the Garda Commissioner, mindful of the general moratorium on public service appointments and of the need to make a strong case for any exceptions, carefully monitors the situation and will continue to assess the policing capacity available to him in light of ongoing developments. My officials and myself will remain in close touch with him to ensure he is kept in a position to maintain a viable command structure going forward. Despite an increase in the rate of retirements in 2009, over 900 members were also attested as Gardaí this year so that the net effect is an actual increase in the overall strength of the force. It should be noted that practically all Garda retirements, whether they occur early or late in a member’s career, are in a technical sense voluntary, in the sense that they do not occur on the last day of potential service. Only an exceptionally small number choose to serve until the day upon which they must retire compulsorily on age grounds. While the current rate of retirements has increased appreciably compared to previous years, it must be remembered that the retirement age for the ranks of Garda, Sergeant and Inspector was increased in 2006 by 3 years to 60, so that we may now, 3 years on, be seeing an element of deferred retirements.

Criminal Prosecutions. 224. Deputy Chris Andrews asked the Minister for Justice, Equality and Law Reform the number of prosecutions in the period 2007 to date in 2009 for bogus charitable collectors; his views on same; and if he will make a statement on the matter. [46751/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síoch- ána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to respond directly to the Deputy in relation to the statistics sought by him.

Closed Circuit Television Systems. 225. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the position regarding closed circuit television cameras for a town (details supplied) in County Mayo; if funding has been made available for this purpose; the position regarding the application; when closed circuit television will be sanctioned; and if he will make a statement on the matter. [46762/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Community- based CCTV Scheme was launched in 2005 to provide financial assistance towards the capital costs of establishing a community CCTV system. The scheme also offers pre-development (Stage 1) grants of up to \5,000 to enable qualifying applicants to investigate the need for CCTV in their area and to complete a detailed proposal. To date there have been two major rounds of this Scheme, in 2005 and 2007. Pobal, who administer the Scheme on behalf of my Department, indicate that an application for funding under Stage 1 was received in 2007 from an organisation in the town referred to by the Deputy. Following a thorough assessment of the application, it was deemed not to have met a number of the qualifying criteria and was therefore not approved for funding. I am further advised that feedback was provided to the unsuccessful applicant by Pobal in May 2007.

Garda Retirement. 226. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the

601 Questions— 15 December 2009. Written Answers

[Deputy Michael Ring.] number of gardaí, for each rank, that have retired from the Garda Síochána to date in 2009; and if he will make a statement on the matter. [46763/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have requested the latest information on the number of retirements, including late applications, from the Com- missioner and I will revert to the Deputy immediately on receipt of that information.

Garda Training. 227. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of gardaí currently training in Templemore, County Tipperary; the expected date of their graduation to the rank of full garda; and if he will make a statement on the matter. [46764/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Curran): I am informed by the Garda Authorities that the number of recruits in Templemore on the latest date for which figures are readily available is 326. It is expected that over 100 of these will attest as sworn members in December 2009 with the remainder attesting in 2010. While the moratorium on Public Service recruitment applies to Garda recruitment, I intend to review the position during the course of 2010 in consultation with the Garda Commissioner and my colleague the Minister for Finance.

Resettlement Programmes. 228. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the cost to date in 2009 and the projected annual cost of a resettlement programme (details supplied); and if he will make a statement on the matter. [46789/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I do not consider that it would be appropriate to publicly disclose details in relation to the resettlement programme in respect of the individuals to which the Deputy refers. Any costs incurred to date have been met from the general provision for the resettlement expenses of programme refugees.

Asylum Applications. 229. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of applications received by the Office of the Refugee Applications Commissioner from unaccompanied minors in each of the past five years and to date in 2009; and if he will make a statement on the matter. [46792/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of asylum applications from unaccompanied minors received by the Office of the Refugee Appli- cations Commissioner in each year from 2004-2009 (30/11) is set out in the following table.

Asylum applications from Unaccompanied Minors 2004-2009 (30/11)

Year 2004 2005 2006 2007 2008 2009 (30/11)

Applications Received 128 131 131 94 98 54

Garda Operations. 230. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the 602 Questions— 15 December 2009. Written Answers number of Irish passports seized at each port and airport here in 2008 and to date in 2009; the corresponding figure for non-Irish nationals’ travel documents; the proportions of each category which were forged; and if he will make a statement on the matter. [46793/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Records on PULSE indicate that there were 199 passports recorded as seized in 2008, with 121 passports seized, to date, in 2009 (9th December, 2009). The majority of these seizures — 59 (30%) in 2008 and 25 (21%) in 2009 — are recorded at Dublin Airport and in Pearse Street Garda District, where the offices of the Garda National Immigration Bureau are located. Information recorded on PULSE does not indicate whether the passports seized are Irish or from other jurisdictions and it would necessitate a disproportionate amount of Garda time and resources to establish same, as it would require each individual entry to be examined to establish the origin of the documents seized and / or if it was forged. I informed the Deputy in response to Question No.379 in July, 2009, that records in PULSE indicated that the number of passports seized up to 5 July 2009 was 132. I have now been informed by the Garda authorities that the actual figure at that time was, in fact, 70 and that the 132 figure referred to is the total number of passports seized for all of 2007. I regret any confusion that may have been caused by the earlier erroneous information.

Immigration Procedures. 231. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the position regarding the development of an Irish border information system; when the project will become live; if it will assist the Department of Social and Family Affairs; and if he will make a statement on the matter. [46795/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): On 11 March 2008, the Government approved the development of Phase 1 of an Irish Border Information System (IBIS). IBIS will operate by collecting passenger information from carriers which will be screened against immigration, Garda, and other watch lists of persons of interest to agencies participating in the project. Where a match occurs, the system will generate an alert which will be relayed to front line staff for appropriate action. The UK is currently rolling out such a system, known as “e-Borders”. A Project Development Team (PDT) has been put in place chaired by the Irish Naturalis- ation and Immigration Service (INIS) to scope out and progress the development of this system. The PDT comprises representatives from all the Agencies which may benefit from the advancement of the concept in this country including An Garda Síochána, the Department of Finance, the Revenue Commissioners, the Departments of Defence, Foreign Affairs, Social & Family Affairs, Enterprise, Trade & Employment, and Transport. It will be a matter for the individual agencies to identify areas where IBIS can be of benefit to their operations. The PDT has unanimously supported the development of such a system in Ireland. It is proposed to develop IBIS in two phases. Phase 1 will initially involve the collection of Advanced Passenger Information (API) on one or two routes and matching this against one or two watch-lists. Building on this over a two year period, the system will be rolled out in stages until all air and sea passenger journeys between Ireland and destinations outside the Common Travel Area (CTA) are captured. During this roll-out period, Phase 2 of the project — likely to involve the capture of Passenger Name Record (PNR) information, passenger data from travel within the CTA, as well as building profiling and intelligence gathering functionality — will be explored.

603 Questions— 15 December 2009. Written Answers

[Deputy Dermot Ahern.]

From the outset, our priority has been to put in place a system which would initially allow us to monitor persons of interest entering and leaving the CTA. A vital element of this will be close cooperation and interaction with the UK e-borders system to enable both States to know if a person of interest to one State has entered or left the other. Officials in the Irish Naturalis- ation and Immigration Service and the UK Border Agency are examining ways to maximise such cooperation and interaction which would effectively ring fence the Common Travel Area and provide a basis for an entry/exit control system. The effective monitoring of persons moving within the CTA continues to present a major challenge. Both States have confirmed that there will be no fixed controls in respect of persons travelling between North and South. Of course I am concerned, and I know that this concern is widely shared both here and in Great Britain, that persons can exploit this absence of fixed controls to move illegally within the CTA, including for the purposes of abusing the social welfare systems of both countries. In this regard, I would like to emphasise that the Garda National Immigration Bureau, the UK Border Agency and the British police work closely together and run regular intelligence led operations aimed at interrupting such illegal movement. These joint operations have successfully prevented foreign nationals moving illegally between the two jurisdictions. Officials from my Department, the Garda National Immigration Bureau and the UK Border Agency are examining ways to further build on this cooperation. Underpinning legislative provisions for IBIS are being developed at the present time and will be taken forward in the context of the Immigration Residence and Protection Bill. Con- sideration of this Bill by the Oireachtas is due to resume in the new year. The country’s economic circumstances in the last 15 months has meant that we have had to re-examine our thinking in how to bring forward this project. We are now developing in house a prototype which will inform a tendering process for the full scale system. It is intended to develop and implement the prototype during 2010 and early 2011 with a view to holding a tender competition for the full system soon after that.

Asylum Support Services. 232. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if the Garda has completed the review of the joint protocol with the Health Service Executive on the disappearance of separated children from hostels; and if he will make a statement on the matter. [46798/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A joint protocol between An Garda Síochána and the Health Service Executive on missing children was signed by the Garda Commissioner and the Chief Executive of the HSE on 22 April last. I am informed by the Garda authorities that An Garda Síochána is currently undertaking an examination of the operation of the joint protocol. It is expected that a review of it by both organisations will commence in early 2010. It was felt that it was necessary for the protocol to be in operation for a minimum period before a meaningful review could be carried out.

Immigration Procedures. 233. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the reason 155 citizens of the United States were refused entry here in 2009. [46800/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda National Immigration Bureau that provision is made at Section 4, Immigration Act, 2004 for an Immigration Officer to authorise a non-national to land in the

604 Questions— 15 December 2009. Written Answers

State. However circumstances are provided, at section 4(3)(a) to (k) , under which an Immi- gration Officer may, on behalf of the Minister, refuse to give a person a permission to land in the State. In performing his or her functions under the Immigration Act, 2004, an Immigration Officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her. The following table provides the reasons for which US citizens have been refused Permission to Land to date in 2009:

Section 4(3) Reason for refusal Immigration Act, 2004

a that the non-national is not in a position to support himself or herself and any accompanying dependants;

b That the non-national intends to take up employment in the State, but is not in possession of a valid employment permit (within the meaning of the Employment Permits Act 2003);

d That the non-national has been convicted whether in the State or elsewhere of an offence that may be punished under the law of the place of conviction by imprisonment for a period of one year or by a more severe penalty;

g that the non-national is not in possession of a valid passport or other equivalent document, issued by or on behalf of a authority recognised by the Government, which establishes his or her identity and nationality;

h that the non-national— (i) intends to travel (whether immediately or not) to Great Britain or Northern Ireland, and (ii) would not qualify for admission to Great Britain or Northern Ireland if he or she arrived there from a place other than the State.

j that the non-national’s entry into, or presence in, the State could pose a threat to national security or be contrary to public policy;

k that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national

Citizenship Applications. 234. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason persons (details supplied) in County Kildare were refused nationalisation; if his attention has been drawn to the discrimination, hardship and anxiety caused to them; if he will review this case in view if the circumstances with a view to addressing the issues arising under international law; and if he will make a statement on the matter. [46894/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person referred to in the Deputy’s Question has taken judicial review proceedings and the matter has yet to be determined. Therefore, it would not be appropriate for me to comment further on the case at this time.

Prison Inspections. 235. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he will implement in full the recent report into a prison (details supplied) by the Inspector of Prisons; if his attention has been drawn to the fact that 16 of the recommendations are cost neutral; if his further attention has been drawn to the constant overcrowding in the prison; 605 Questions— 15 December 2009. Written Answers

[Deputy Ruairí Quinn.] his plans to open the separation unit in the prison; and if he will make a statement on the matter. [46910/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my answer to Parliamentary Question No. 13 of 10 December, 2009. As I indicated to the House on that occasion the recent report on Mountjoy Prison by the Inspector of Prisons has been considered by the Director General of the Irish Prison Service and his Senior Manage- ment Team. A number of the Inspector’s recommendations have been implemented or are in the course of being implemented, subject to the availability of resources. I want to reiterate that the Government is acutely aware of the limitations of the existing Mountjoy Prison. That is why the decision was taken to replace it with a completely new prison campus on a green field site at Thornton, North County Dublin. I am determined to push ahead with the Thornton project but in the intervening period, it is necessary to maintain Mountjoy as a prison. Let me again repeat that the Irish Prison Service has been engaged in an extensive programme of investment in prisons infrastructure which has involved both the modernisation of the existing estate and the provision of extra prison spaces. This is evidenced by the fact that since 1997 in excess of 1,670 new prison spaces have come on stream in the prison system. For example, we have built new prisons in Castlerea, the Midlands, Cloverhill, the Dóchas Centre and new accommodation blocks, wings or units in Limerick, Portlaoise and Castlerea prisons and at the open centres in Shelton Abbey and Loughan House. I am glad to say that current projects will see a further 250 prison spaces provided in the short term by means of:

• A new block in Wheatfield Prison which will accommodate approximately 200 prisoners; and

• The re-opening of the Separation Unit in Mountjoy which will provide an additional 50 spaces. In addition, work is expected to commence in 2010 on a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 additional prison spaces. Furthermore in order to reduce the volume of prisoners committed to Mountjoy on a daily basis, male offenders committed to prison by the District Courts sitting in Dun Laoghaire, Swords, Tallaght, Cloverhill and Blanchardstown will in future be committed to Wheatfield Prison. A suitable order to give effect to this operational change, will be made by me when the additional capacity becomes available in Wheatfield Prison with the opening of the aforemen- tioned new accommodation block at that location. In June 2009 the Irish Prison Service tendered for the refurbishment of the Separation Unit in Mountjoy Prison with the intention of creating a specific unit within the prison for protection prisoners. Work in this regard commenced in September 2009 and is due to be completed shortly. This will provide 50 spaces with in-cell sanitation and secure exercise yards. I have already communicated to the House that the Director General of the Irish Prison Service has advised me that he will use the re-commissioned Separation Unit to house protection prisoners thus enabling the provision of an enhanced regime giving greater out of cell time for such prisoners. The opening of this Unit will also allow for the introduction of a dedicated area for vulnerable prisoners. The feasibility of a dedicated committal area is also being examined. The Director General has also instructed the Governor of Mountjoy to personally address all local management issues raised by the Inspector in his Report including matters relating to

606 Questions— 15 December 2009. Written Answers basic hygiene, cleanliness, accommodation of prisoners at night, implementation of Governors Orders, maximum operation of regimes activities, maintenance and the investigation of prisoners complaints. The Deputy will also be aware that the Fines Bill 2009 includes a number of non custodial measures to deal with non payment of fines and it is my intention to have the Fines Bill enacted at the earliest time possible . I am confident that the measures in this Bill will reduce the number of people committed to prison for non payment of fines.

Asylum Support Services. 236. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the way in which persons who are seeking regularisation of their status are allocated to hostels for the duration of this assessment; the method of tendering for such hostels; the selection process; the criteria; the guideline costings; and details of such allocations as have been made from the beginning of the scheme. [46919/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency (RIA) of my Department is the body responsible for providing accommodation for asylum seekers. RIA currently operates 54 accommodation centres across 21 counties. Of these, 17 centres are designated for single persons only while 35 provide accommodation either solely for families, or are mixed-use centres housing both families and single persons in separate units. The 2 remaining centres are Reception Centres in Dublin where all asylum seekers are accommodated initially for a few weeks prior to being dispersed around the country. Since its inception in April 2000, RIA has made over 53,000 allocations across its accommodation portfolio. RIA has to have regard to the Government policy of dispersal which means that, as far as practicable, asylum seekers are accommodated evenly throughout the State. All allocations are made on a case by case basis. Where an asylum seeker is dispersed to is determined by a number of factors. These include the profile, age and size of the family unit concerned; whether there are any specific health, educational or other needs involved; and where available vacancies exist at the time of dispersal. RIA policy is to ensure, wherever possible or practicable, that all family members of an applicant are accommodated together. On an annual basis, the RIA places advertisements seeking applications for expressions of interest from persons who wish to offer services relating to the provision of asylum seeker accommodation. It should be noted that, in fulfilling its general accommodation responsibilities, the RIA does not ‘lease’ premises from commercial contractors. Rather it ‘contracts-in’ a comprehensive range of services, which include accommodation, catering, housekeeping, etc., for a fixed period of time. The assessments made in relation to those who offer such services take into account such matters as the likely capacity of the potential provider to provide the full range of services required, the cost of the services, and the location of the service on offer, having regard to dispersal policy referred to above. The RIA endeavours to achieve the best value for money in relation to such contracts, in respect of which negotiations can take place with a number of commercial entities. While it is not possible, for reasons of commercial confidentiality, to give details of individual contracts, I can say that the average daily rate paid to contractors in respect of types of centres — reception, accommodation and self catering — is \30 per person.

Garda Investigations. 237. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Galway. [46920/09]

607 Questions— 15 December 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the member was examined by the Chief Medical Officer, Garda Síochána on 15th October 2009 in relation to his application for compensation under the Garda Síochána (Compensation) Acts, 1941 and 1945. I understand that the reports of the Garda Chief Medical Officer and the Garda Commissioner are currently being prepared. The application will be dealt with as quickly as possible by my Department on receipt of the full report from the Commissioner.

Crime Prevention. 238. Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied); and if he will make a statement on the matter. [46958/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no function in relation to the regulation of legal transactions in gold.Furthermore, the informal purchase of gold is not specifically regulated in criminal legislation. However, if members of the public have suspicions that goods being sold or traded may have been stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation. An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery, including theft and robbery of jewellery and precious metals.

Garda Equipment. 239. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform his plans to allocate additional public order vans to a garda station (details supplied) in Dublin 5; and if he will make a statement on the matter. [46959/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The detailed allocation of Garda resources, including transport, is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements and priorities. I am informed by the Garda authorities that there are two Public Order Vehicles allocated to the Station referred to by the Deputy and there are currently no plans to allocate an additional Public Order Vehicle to the Station.

Legislative Programme. 240. Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position regarding the concerns of a person regarding the new Civil Partnership Bill. [46968/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The position regarding the policy contained in the Civil Partnership Bill is as set out in detail in my speech in the House on Second Stage of the Bill on 3 December 2009. The text of the speech may be viewed at www.oireachtas.ie.

Departmental Properties. 241. Deputy Seán Fleming asked the Minister for Justice, Equality and Law Reform if heating will be provided in a building (details supplied) in County Laois; and if he will make a statement on the matter. [46971/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed that improvement works are being carried out on the heating system at the building referred to by the Deputy.

608 Questions— 15 December 2009. Written Answers

Departmental Correspondence. 242. Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform if an acknowledgement has been issued to correspondence sent by a person (details supplied) in County Offaly; and if he will make a statement on the matter. [46980/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Having examined the file of the person concerned, I wish to advise the Deputy that my Department has no record of having received correspondence from him which would match the dates referred to in the Deputy’s Question. However, my Department’s file does contain an un-dated item of correspondence which was received on 7 January 2009 and acknowledged on that date. No further correspondence has been received from the person concerned since that date.

Magdalene Laundries. 243. Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform the Act or legislation governing persons who were made serve and spend their time in the Magda- lene laundries; and if he will make a statement on the matter. [47002/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I understand that arrangements were occasionally made under which a female convicted of a criminal offence might be offered the choice of going to a Magdalen laundry rather than serving a prison sentence. Such arrangements had no statutory basis. A person charged with a criminal offence may in certain circumstances be remanded in custody by the courts pending trial or sentencing. The Criminal Justice Act 1960 provided that a person between 16 and 21 years of age who had been charged with criminal offences may be committed to custody to a remand institution (other than a prison) whose use for this purpose has been approved by the Minister. One Magdalen laundry was approved as a remand centre for young women who were aged between 16 and 21 years of age. That was St Mary Magdalen’s Asylum, Lower Sean McDermott Street, Dublin.

Passport Fraud. 244. Deputy Denis Naughten asked the Minister for Foreign Affairs, further to Parliamentary Question No. 358 of 18 November 2008, if he will provide complete figures for 2008 and to date in 2009; and if he will make a statement on the matter. [46794/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The figures for Irish passports reported as lost or stolen for 2008 and from 1 January to 4 December 2009 are:

Year Total Lost or Stolen Total lost, % of total passports mislaid mislaid or issued issued stolen

2008 577,000 31,262 5,002 36,264 6.3% 2009 to 4 December 550,406 28,602 4,612 33,214 6.0%

Since 1 October, 2009 the Department increased the frequency of its reporting of the serial numbers of all lost/mislaid or stolen passports to Interpol through An Garda Síochána, to daily reports. This information is then made available immediately to police forces worldwide in the Interpol database to protect against the fraudulent use of these Irish passports. The holders of lost/mislaid or stolen passports are advised not to use them again for any travel if they are subsequently recovered. When completing the statement of loss as part of 609 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] their new passport application, applicants undertake not to travel on a missing passport if subsequently found. However, a number of individuals either unknowingly or mistakenly use their previously reported lost or stolen passports. This may account for the following numbers of Irish citizens who were delayed at international border controls because of the lost or stolen status of their passports: 87 in 2008 and 121 in 2009 to date. There has been increase in these incidents which is due to in part to heightened security at international ports and airports and an increase in the number of border stations worldwide that are electronically reading passports. In each of the cases above, the Passport Office has received a request from Interpol to verify the identity of the travellers. The Passport Office has been able to resolve these cases after checks of the relevant passport details against its own database were done.

Question No. 245 answered with Question No. 50.

Official Engagements. 246. Deputy Alan Shatter asked the Minister for Foreign Affairs if, at their recent meeting, the Papal Nuncio agreed that he and the Vatican would furnish the Murphy commission with all documentation and information previously sought by it in connection with its inquiry into the archdiocese of Dublin; if he confirmed that there would be similar co-operation with regard to the inquiry being conducted into the diocese of Cloyne and with regard to any other diocese that may be the subject of investigation; and if he will make a statement on the matter. [47017/09]

268. Deputy Michael D. Higgins asked the Minister for Foreign Affairs the talks he has had with the Vatican and its representatives regarding the Murphy report on child sex abuse in the diocese of Dublin. [47175/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 246 and 268 together. I refer the Deputies to my reply to Priority Questions 29 and 30 earlier today. I understand that elements of the Holy See’s response to the report of the Dublin Archdiocese Commission of Investigation are still under consideration by the Vatican. I can assure the Deputies that I impressed upon the Papal Nuncio at our recent meeting the desire of the Government that the Holy See would provide the fullest possible cooperation with the ongoing work of the Com- mission and with any other such investigations that might be established. He undertook to pass on my strong views on the need for full cooperation with ongoing and future investigations.

World Trade Negotiations. 247. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position regarding developments at the World Trade Organisation; and if he will make a statement on the matter. [47122/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The seventh WTO Ministerial Con- ference took place in Geneva from 30 November to 2 December. The Irish Delegation was led by the Minister for Trade and Commerce, Billy Kelleher T.D. The Conference was an important opportunity for WTO Trade Ministers to assess the progress made on concluding a new trade liberalisation deal by the end of 2010. Negotiations on a new trade deal — referred to as the Doha Development Agenda (DDA) — have been ongoing since 2002. The meeting also enabled Ministers to provide political perspectives on the broader WTO policy agenda,

610 Questions— 15 December 2009. Written Answers including its contribution to recovery, growth and development and to combating climate change. At the Ministerial meeting, there was broad consensus on the important role that trade and the Doha Round can play in aiding the global economic recovery and in addressing poverty alleviation in developing countries. Ministers reaffirmed their commitment to the centrality of the development dimension to the Round. They also pledged to continue to support the Aid for Trade initiative, which seeks to help the poorest developing countries to strengthen their capacity to expand trade and foster economic growth. There were widespread calls to conclude the Doha Round by the end of 2010. Ministers also underlined the importance of maintaining agreement on what has already been negotiated, a reference to attempts by a small number of countries to re-open elements of the deal that have already been agreed. A stock-taking exercise is planned for the first quarter of 2010 in order to assess the extent to which the conditions for concluding the DDA are in place. In reference to the 29 countries who have applied for WTO membership, Ministers highlighted the importance of accessions in broadening and strengthening the WTO and agreed that there should be a sharing of experiences with accession countries, especially by those members that have recently joined the organisation. Some concern was expressed at the growing number of bilateral and regional trade agreements outside of the framework of the multilateral trading system but there was broad agreement on the need to ensure that the two approaches should continue to complement each other. WTO rule making and multilateral trade liberalisation has had a profound impact on Ireland’s economic development. Against that background, Ireland wishes to see an ambitious, fair and balanced outcome to the current negotiations; one which would respect Ireland’s national interests and reflect adequately the aim of the Doha Development Agenda to give greater prominence to development issues, especially the needs of the poorest developing countries.

Foreign Conflicts. 248. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the situation in Mozambique with particular reference to the evolution of the democratic process; and if he will make a statement on the matter. [47123/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Mozambique has made good progress in recovering from the 1977-1992 civil war and is one of Africa’s most successful examples of post-conflict reconstruction and development. It is both stable and democratic, even though there has been no change of government since the transition to democracy. Political stability has been underpinned by national reconstruction and relatively rapid economic growth. The fourth Presidential and Legislative and first Provincial Assembly elections took place on 28th October this year. A number of election observation missions monitored the process, including an EU mission, and all commended the well-managed and peaceful election day which experienced little violence and few incidents. The summary of the preliminary report by the EU Election Observation Mission which was presented on 30 October is that the elections were well managed and the campaign had been constructive. However, the period before the elections was marked by controversy arising from the rejec- tion by the National Elections Commission (CNE) of some of the party lists for the parliamentary and provincial contests, as well as the opaque manner in which the process was managed. More specifically, the CNE rejected a large number of party lists submitted by an emerging opposition party, Movimento Democrático de Moc¸ambique (MDM), as well as by a number

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[Deputy Micheál Martin.] of smaller parties, all allegedly on the basis of irregularities in their submissions. As a consequence, voter choice was significantly reduced. These pre-election events should be seen against a background in which Mozambique has made solid progress over a decade or more in poverty reduction. However, in spite of that progress, a significant number of governance concerns remain. The events before the elections, by reducing voter choice, disappointed high expectations for the election process. Final results were published on 11 November, less than fifteen days after voting day as required by law. In the Presidential elections, incumbent Armando Guebuza, with a 75% of the vote, won the second of two permitted terms. Afonso Dhlakama of Renamo fell to 16% from 32% in 2004, while Daviz Simango of MDM, won 9%. In addition, with 76% of the seats in parliament, control of 42 out of 43 municipalities and of all provincial assemblies, Frelimo is now the dominant political force in Mozambique. Voter turn-out, at 44 %, was 8% up on the low turn-out in 2004 of 36% (there are about 9.8 million registered voters). Arising from our concerns about the elections process, Ireland — as a member of the Group of 19 lead donors — has been playing an active role in the dialogue which is underway on this subject between donors and the Government of Mozambique. Along with our EU and other donor partners, we remain committed to ensuring that both the wider governance agenda and issues underlying the recent elections are fully addressed.

249. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position in Chad; and if he will make a statement on the matter. [47124/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Since 2002, the political situation in Chad has been dominated by threats of armed rebellion against the government of President Idriss Déby. While the government signed an accord with civilian opposition parties in 2007, providing for a degree of political reform, armed rebel groups have remained active and intent on overthrowing the government by force. The most recent threat to the Government came from a rebel offensive in eastern Chad in May. The government’s success in halting the rebel advance seems to confirm that the Chadian armed forces have achieved military superiority. The emergence of new tensions in the UFR rebel coalition, composed of eight rebel groups, suggests that they are unlikely to be able to pose a substantial military challenge to the Government in the foreseeable future. The Government’s financial and military advantage also suggests that a political change of leadership in Chad is unlikely in the immediate future. Parliamentary elections due later this year and presidential elections due in 2010 have been deferred by another year, due to the slow pace of preparations. Relations with Sudan deteriorated sharply after the failed rebel offensive, with Chad accusing the Sudanese government of supporting the rebels. In recent months, however, relations between the two countries appear to have improved. In October a high-level Sudanese delegation visited N’djamena where they met with President Déby. At the same time, relations between the two countries traditionally have been volatile and the current phase of improving relations may not continue. The European Union operation in Chad and the Central African Republic (EUFOR Tchad/RCA) was established for a period of one year from March 2008. It played a key role in ensuring the security of refugees and displaced persons living in camps along the eastern border of Chad, and in facilitating the provision of humanitarian relief. I wish to pay tribute to the success of EUFOR and to the professionalism of the members of the Irish Defence Forces who participated in the mission, including Lieutenant General Pat Nash, the Operation

612 Questions— 15 December 2009. Written Answers

Commander. EUFOR transferred authority to a UN mission, MINURCAT, on 15 March 2009. Over 400 Irish troops are now serving with MINURCAT. The mandate of the military aspect of MINURCAT is similar to that of EUFOR. Since the UN took over responsibility it has faced a number of challenges, including the upsurge in rebel activities, and difficulties with force generation. Ireland has strongly supported the EUFOR mission from the outset, and we will continue to support MINURCAT. Instability in eastern Chad is closely linked to the conflict in neighbouring Darfur, and any progress towards a peace settlement in Darfur is likely to have a positive impact on the political situation in Chad. Conversely, any deterioration in the situation in Darfur is likely to have a serious destabilizing effect on the parts of Chad that border it. Cooperation between the governments of Sudan and Chad in addressing the causes of instability in the region is also vital, and I urge both governments to work together towards this objective. Ireland will continue to monitor the political and humanitarian situation in Chad, and support humanitarian relief efforts, to which Irish Aid has contributed more than \14.5 million since 2007.

250. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the degree to which the EU is engaged in promoting good relations between Russia and Georgia and the Ukraine; and if he will make a statement on the matter. [47125/09]

254. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the steps necessary either here or at EU level to promote and improve relations between Russia and the Ukraine; and if he will make a statement on the matter. [47129/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 250 and 254 together. The EU remains closely engaged with both Russia and Georgia in conflict resolution efforts following the August 2008 conflict over the break-away regions of South Ossetia and Abkhazia. The September 2008 peace plan, brokered by the French EU Presidency, provided for talks to take place in Geneva under the co-chairmanship of the EU, UN, and the OSCE. The talks have taken place on eight occasions, most recently on 11 November 2009. While progress have been limited, the talks are important as they are the only forum in which all the parties to the conflict are involved. In October 2008, the EU deployed a Monitoring Mission in Georgia. This Mission plays an important role in stabilising the situation on the ground. The EU also intervenes with both sides when incidents arise which threaten the fragile peace. In October 2009, the EU-backed independent Tagliavini Report into the origins of the conflict was published. The Report found fault on both sides and made useful recommendations on how such a conflict could be avoided in the future. Ireland strongly supports EU conflict resolution efforts in Georgia, particularly its co-chairmanship of the Geneva Talks and the deployment of the EU Monitoring Mission, to which Ireland contributes four personnel. Along with our EU partners, we continue to support the sovereignty and territorial integrity of Georgia. Turning to Ukraine, as the Deputy may be aware, disputes over energy have strained its relations with Russia in recent years and have led to disruptions to gas supplies, including earlier this year. The disruptions also affected other European countries, including some EU member states. The EU took an active role in helping to resolve these disputes and continues to engage both sides at a high level. In July this year, the European Commission negotiated a deal with Ukraine and international financial institutions (including the IMF, World Bank and European Bank for Reconstruction and Development) on modernising Ukraine’s gas transpor-

613 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] tation system. Meanwhile, in November, the EU and Russia signed an agreement establishing an early warning mechanism to improve prevention and management in case of an energy crisis. An EU-Russia Summit took place in Stockholm on 18 November 2009 while an EU-Ukraine Summit took place in Kiev on 4 December 2009. Both Summits provided an opportunity to discuss regional issues, including energy security. Ireland supports EU efforts to improve relations between Russia and Ukraine. Finally, I would note that both Ukraine and Georgia are members of the EU’s new Eastern Partnership initiative which seeks to enhance relations with our Eastern neighbours. The Taoiseach attended the launch of the Eastern Partnership in May 2009.

Human Rights Issues. 251. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position regarding the well-being of a person (details supplied), an Iranian academic, who was arrested in Iran on 9 July 2009; if an appeal hearing against their sentence met international good practice regarding their right to a defence; and if he will make a statement on the matter. [47126/09]

Minister for Foreign Affairs (Deputy Micheál Martin): As the Deputy will be aware from my previous replies to him, most recently on 24 November, we have been following this case closely through our Embassy in Tehran. Following his arrest at his home on 9 July and his subsequent appearance at one of the televised show trials, Dr Kian Tajbakhsh was sentenced on 20 October, reportedly on allegations of espionage and playing a role in the public unrest which followed the disputed June Presidential elections in Iran. The exact charges which were brought against Dr. Tajbakhsh, and indeed the length of his sentence, were not made clear at that time. Dr. Tajbakhsh’s lawyer initially indicated that he would be imprisoned for 12 years or more. Recent reports that he now faces additional charges of espionage are causing profound concern. Our understanding is that Dr Tajbakhsh remains in detention in Tehran as he awaits a date for his appeal which has not yet been set. Unfortunately, as I stated in my previous reply, the situation in Iran, post- election, remains tense and complex and the legal system to which Dr Tajbakhsh is now subject is both opaque and slow moving. Many hundreds continue to remain in detention in Iran and it is still not clear when, and by what process, these will be properly tried or released. The case of Dr. Tajbakhsh, as an American citizen, continues to be dealt with actively by the Swiss Embassy in Tehran, which represents US interests in Iran. In a strong statement on Dr. Tajbakhsh’s case on 1 December, the EU Presidency reiterated its concerns and described the reports of Dr. Tajbakhsh facing additional charges as “deeply worrying”. The EU statement also urged Iran to comply with all international and regional human rights instruments which it had ratified, and not least with the relevant articles of the International Covenant on Civil and Political Rights regarding the right to a fair trial, which is also enshrined in the Constitution of the Islamic Republic of Iran. In a Declaration issued on 11 December, the European Council also reiterated its deep concerns about continued violations of human rights in Iran. Senior officials of my Department have raised Dr. Tajbakhsh’s case directly with the Iranian Ambassador to Ireland and have made clear our concerns at his sentencing and the possibility of his facing additional charges. I can assure the Deputy that we will continue to bring the case of detainees such as Dr. Tajbakhsh to the attention of the Iranian authorities. We will also avail of every opportunity to express our concerns about the marked deterioration of human rights in Iran, both nationally and in an EU and international context.

614 Questions— 15 December 2009. Written Answers

Energy Resources. 252. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the steps taken or expected to be taken at EU level to ensure energy and food security in the future; and if he will make a statement on the matter. [47127/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Energy security is a major priority for the European Union, and Ireland supports and actively contributes to the EU’s efforts to diversify its energy supply and improve the Community’s capacity to prepare for and react to energy emergencies. To tackle the challenges facing the EU, the European Commission undertook a second Strategic Energy Review in 2008. The resulting EU Energy Security & Solidarity Action Plan identified 5 areas for action: Infrastructure needs and diversification of energy supplies; External energy relations; Oil and gas stocks and crisis response mechanisms; Energy efficiency; and Maximising indigenous EU natural resources. At present, action is focussed on infrastructure development and revising the EU legislative framework on the security of gas supply, with an overarching emphasis on ensuring that the EU is capable of ‘speaking with one voice’ in its energy relations with third countries. A guiding principle is that a properly functioning internal energy market is critical for ensuring security of supply. In this regard, the adoption of the 3rd Energy Package during 2008 is a significant milestone. The Russia-Ukraine gas crisis last January proved to be the biggest gas supply crisis the EU has seen. Since then, the European Commission has worked with the two sides and with the International Financial Institutions (IFI) to minimize the possibility of a further crisis. In July, political agreement was reached with Ukraine on the reform of its gas sector which opened the way for a financial assistance package to be provided by the IFI. It is hoped that this agreement will provide the stability needed to reduce the risk of a further gas crisis. Nevertheless, we are continuing to monitor the situation closely. While the Russia/Ukraine gas crisis did not directly impact Ireland, the increasing reliance of the EU on gas imported from third countries has clearly underlined the strategic importance of diversifying our sources of gas supply. In this regard, the European Commission has recently proposed a new Regulation on gas supply, and Ireland is actively participating in discussions on the proposal. The aim is to improve cooperation between Member States on arrangements for security of supply and response to disruption of gas supply and energy emergencies. Another important element of energy security policy is the diversification of sources and routes of gas supply into the EU and creating alternative routes to that transiting Ukraine. The EU and Turkey recently signed the Nabucco Intergovernmental Agreement, while two Russian led pipeline projects, Nordstream and Southstream, are also set to bypass Ukraine. The EU also receives gas supplies from Norway and Algeria. As regards food security, the Deputy will know that the 2008 food crisis severely worsened the livelihoods of millions of people in development countries. To provide a fast response to the urgent situation, the EU adopted a Regulation establishing the so called ‘Food Facility’ in December 2008. This new instrument provides for \1 billion funding to be applied over three years, nearly half of which in 2009. The fund will bridge the gap between emergency aid and long-term development aid. Its chief objectives are to: encourage food producers to increase supply; deal directly with the effects of volatile food prices on local populations; and increase food production capacity and improve the way agriculture is managed in the longer term. In concrete terms, it will support: measures to improve access to agricultural inputs and services including fertilizers and seeds — with special attention to local facilities and availability; safety-net measures to maintain or increase agricultural production capacity and help

615 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] meet the basic food needs of the most vulnerable populations, including children; and other small-scale production-boosting measures based on countries’ individual needs — microcredit, investment, equipment, infrastructure and storage — and vocational training and support for agricultural professionals. By October this year, 56 projects in partnership with International Organisations were underway in 41 developing countries. A second call for proposals was launched in May, for \200 million, which was open for applications from Non-State Actors. In addition, for certain activities, there is a regional value added, such as trade facilitation, harmonisation of policies and regulations. These types of activities will be channelled through Regional Organisations for an amount of \60 million. Finally, one part of the programme will be implemented via national budgets of the beneficiary countries through Budget Support for an amount of \165 million. There is also a link between energy security and food security, seen in the last few years in particular where rises in food prices were attributed, in part, to moves by farmers to grow bio-fuels instead of food. The EU recognises that the promotion of bio-fuels has had some unintended effects. To address these, the Union adopted a Directive on renewable energy, which includes as one of its aims to ensure that as we expand the use of bio-fuels in the EU, we use only sustainable bio-fuels which generate a clear and net greenhouse gas saving and have no negative impact on biodivers- ity and land use.

EU Enlargement. 253. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position regarding European enlargement; and if he will make a statement on the matter. [47128/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Enlargement of the European Union has helped to consolidate democracy and the rule of law in Europe. It has enhanced economic opportunities and increased the EU’s capacity to tackle global challenges such as climate change. As a beneficiary of enlargement, Ireland looks forward to welcoming other European countries into the Union once they meet all of the conditions for accession. I am convinced that the accession process provides strong encouragement for political and economic reform and that future enlargement will help to promote stability, security and prosperity in Europe. I attended the General Affairs Council last week where EU Foreign Ministers had a comprehensive discussion on enlargement based on the Commission’s 2009 report. The Council’s conclusions, subsequently endorsed by the European Council, underlined that enlargement is based on consolidating commitments, fair and rigorous conditionality and the EU’s capacity to integrate new members, and that each country is assessed on its own merits. The General Affairs Council commended Croatia for the considerable efforts it has made over the past year and the good overall progress achieved in meeting benchmarks in the accession process. Nego- tiations are now entering their final phase. Council underlined that building on the progress made, further efforts will be required over the coming year in a number of areas of reform and in relation to cooperation with the International Criminal Tribunal for the former Yugoslavia. A working group will commence work on the drafting of the Croatian Accession Treaty later this month. I would hope that if the pace of reform can be accelerated and the remaining challenges addressed, it may be possible to bring negotiations with Croatia to a successful conclusion next year. On Turkey, the Council welcomed progress in some areas of reform and stated that it was encouraged by the Turkish Government’s democratic initiative. It noted that further efforts are required in a number of areas including freedom of expression, freedom of the press and trade union rights and invited Turkey to step up the pace of reform. Recalling previous con-

616 Questions— 15 December 2009. Written Answers clusions, the Council noted with deep regret Turkey’s continued non-compliance with its obligations under the Ankara Protocol and that it had not made progress towards normalisation of its relations with the Republic of Cyprus. It called for progress without further delay and invited the Commission to monitor and report on these various issues in its next annual report. The Council welcomed the progress made by the Former Yugoslav Republic of Macedonia (FYROM) in a number of important areas and that the country had substantially addressed the key priorities of the accession framework. It stressed that the reform agenda must be continued. The Council noted Commission’s recommendation to open accession negotiations with FYROM and will return to the matter during the Spanish Presidency. The Council welcomed the progress over the past year made by Montenegro and Albania and highlighted areas where further efforts are required. It agreed to consider the opening of formal negotiations with both states, as well as with Iceland, when the Commission provides its formal opinions in respect of each application.

Question No. 254 answered with Question No. 250.

International Relations. 255. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the steps taken at EU level to augment relations and trade with Russia; and if he will make a statement on the matter. [47130/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The legal basis for EU relations with Russia is the Partnership and Cooperation Agreement (PCA) which came into force in 1997. Negotiations are continuing between the EU and Russia on a new agreement to replace the PCA. The successful conclusion of these negotiations will be important for developing the EU-Russia relationship further. The PCA established an institutional framework for regular consultations between the EU and Russia. This includes Summits of Heads of State/Heads of Government, which take place twice a year and define the strategic direction for the development of EU-Russia relations. As the Deputy may be aware, the most recent EU-Russia Summit took place in Stockholm on 18 November 2009. The discussions took place in an open and constructive atmosphere and covered a comprehensive range of regional and international issues, including the Western Balkans, Georgia, Iran, Afghanistan/Pakistan and the Middle East Peace Process. The Summit also focussed on developments in EU-Russia relations, climate change, the economic and financial crisis and energy security. During the Summit, Russia expressed its readiness to reduce its greenhouse gas emissions by between 20 and 25 percent by 2020. Five cross border cooperation agreements were also signed between the EU and Russia at the Summit. Russia is an important strategic partner for the EU, particularly in terms of trade, energy and regional cooperation. EU-Russia trade has grown substantially in recent years. In 2000, total trade in goods between the EU27 and Russia stood at \86.5bn while in 2008 this figure \278.6bn. Ireland supports the development of the EU-Russia relationship and the potential that it offers, not just in economic terms but also in terms of peace and real security for the continent and beyond. We believe that it is important for the EU to build a comprehensive relationship with Russia which covers areas of shared interest and addresses differences.

Foreign Conflicts. 256. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the ongoing progress towards peace in the western Balkans; and if he will make a statement on the matter. [47131/09]

617 Questions— 15 December 2009. Written Answers

Minister for Foreign Affairs (Deputy Micheál Martin): Together with its EU partners, Ireland attaches considerable importance to achieving peace and stability in the countries of the West- ern Balkans, which were recognised as having a European perspective by the European Council at Thessaloniki in 2003. The General Affairs Council (GAC) of 7/8 December 2009 considered the Commission’s comprehensive report of 14 October 2009 on progress made by Serbia, the Former Yugoslav Republic of Macedonia, Albania, Montenegro, Bosnia and Herzegovina as well as Kosovo. The Council reaffirmed its full support for the European perspective of these Western Balkan countries, which remains essential for stability and reconciliation in the region. The Council stated that, by making solid progress in economic and political reform and by fulfilling the necessary conditions and requirements, the remaining potential candidates in the Western Balkans should achieve candidate status, according to their own merits. The Council decided to implement the Interim Agreement with Serbia which covers the trade aspects of the Stabilisation and Association Agreement (SAA). It will consider the next step, ratification by member of the SAA, in six months’ time. The Council stated it will return to the question of opening accession talks with the Former Yugoslav Republic of Macedonia (FYROM) during the next Presidency, while noting the need to reach a negotiated and mutu- ally acceptable solution of the name issue. With respect to Kosovo, the Council welcomed the orderly conduct of the recent local elections. The Council urged Kosovo to cooperate with the EU’s rule of law mission, EULEX. Last October, the Swedish EU Presidency, working with the United States, convened a series of meetings with leaders of the three ethnic communities in Bosnia Herzegovina (BiH). This so–called “Camp Butmir” initiative was aimed at facilitating political progress in BiH. Despite these efforts, however, no substantive advances have been made so far. The Peace Implemen- tation Council (PIC), the international body charged with implementing the Dayton Peace Agreement, met in Sarajevo on 18 and 19 November 2009. While it welcomed the engagement of BiH’s political leaders in the “Butmir” process, it noted insufficient progress had been made in delivering the five objectives and two conditions set by the PIC for the closure of the Office of the High Representative (OHR). In the light of this, the PIC took no decision on OHR transition. It will revert to the issue on 24-25 February 2010. The Justice and Home Affairs Council of 30 November and 1 December decided to establish a visa free regime with the Former Yugoslav Republic of Macedonia, Montenegro and Serbia. This will start from 19 December 2009. A visa free regime may also be extended to Albania and Bosnia and Herzegovina from next year if these countries meet the necessary benchmarks set out by the Commission. This arrangement only affects travel to Member States participating in the Schengen Agreement. Ireland is not a party to the Schengen Agreement. On 2 December I had a meeting with Serbian Foreign Minister Jeremic en marge of the OSCE Ministerial in Athens, during which we discussed Serbia’s perspective for European integration. During this meeting, I encouraged Serbia to continue with reforms aimed at eventual EU membership. I am pleased that the Council meeting the following week was able to agree to implement the Interim Agreement with Serbia. In Athens, I also met Albanian Foreign Minister Meta and discussed his country’s application for EU membership, including the Council’s request to the Commission in November for a formal opinion. I also encouraged my Albanian colleague to persevere with his country’s reform programme. While each country in the Western Balkans region must make progress at its own pace towards EU integration, it will be important in the years ahead to ensure no country is left too far behind.

Question No. 257 answered with Question No. 45.

Question No. 258 answered with Question No. 73.

618 Questions— 15 December 2009. Written Answers

Human Rights Issues. 259. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the locations worldwide, excluding Africa, in which the international community has identified ongoing human rights abuses; the action taken or proposed at EU level to address the issue; and if he will make a statement on the matter. [47134/09]

Minister for Foreign Affairs (Deputy Micheál Martin): Unfortunately, no part of the world is totally free from human rights abuses. As I have stated on previous occasions, in response to similar Questions, it is not the policy of the Government to draw up a ‘league table’ of countries deemed guilty of the most serious human rights abuses. Human rights concerns remain central to our foreign policy. Together with our EU partners, Ireland closely monitors the human rights situations in many countries throughout the world, on the basis of information obtained from a variety of sources including both official and non-governmental organisations. Where and when the situation warrants, we make known our concerns about human rights violations to the Governments in question. We do this either bilaterally, through the EU, or through action at the UN General Assembly and the UN Human Rights Council, including, in the case of the latter, through the new Universal Periodic Review process whereby the human rights performance of each UN State is reviewed. We support the use of the full UN human rights machinery in responding to human rights abuses, including supporting the role of UN Treaty Monitoring Bodies, Special Procedures and Mandate Holders and the convening, where appropriate, of Special Sessions of the UN Human Rights Council. At these UN bodies, the EU regularly makes statements on the human rights situations in a number of countries from all regions. Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries. Active participation in multilateral organisations such as the EU, the UN and the Council of Europe provides opportunities for Ireland to voice its concerns regarding human rights abuses. Through these organisations, international pressure can be brought to bear on those responsible for the violation of human rights. The EU has adopted Common Positions on certain countries, which attach priority to promoting human rights, democracy, good governance and the rule of law. In addition, the EU conducts human rights dialogues with a number of countries and also raises human rights concerns as part of political dialogue meetings. Together with our EU partners, Ireland has been a consistent and strong supporter of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law. The Court’s Prosecutor has opened investigations into a number of country situations and we will continue to monitor this work closely. The extent to which individual States comply with international human rights standards and obligations varies. Ireland urges all States to comply with their international obligations and in this regard stands ready, if requested, to assist States in com- plying with their obligations. The risk of human rights violations is greater where political, economic and administrative systems are weak. Development is essential to allow people the full enjoyment of their human rights, and this is a key concern for Ireland’s development co-operation programme. Irish Aid supports specific actions designed to promote human rights, including by strengthening government systems and in-country human rights institutions, in particular through legal training. Support is also provided for legal aid programmes targeted at victims of human rights abuses. Irish Aid has a specific focus on governance in several programme countries. The Government will continue to avail of all the above-mentioned mechanisms as a means of highlighting violations of human rights and furthering their protection.

619 Questions— 15 December 2009. Written Answers

260. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which the EU and UN have focused on African countries generally known to have the most serous human rights abuses; the action or actions taken or proposed to address this issue; and if he will make a statement on the matter. [47135/09]

261. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which the international community continues to monitor human rights abuses on the African continent; the degree to which pressure is being applied on the perpetrators; and if he will make a statement on the matter. [47136/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 260 and 261 together. One of the principal ways in which the international community, which includes the EU and the UN, promotes human rights is through action at the UN General Assembly and the Human Rights Council. The Universal Periodic Review is one of the major new aspects of the Human Rights Council, which subjects each UN Member State to a thorough review of its human rights performance every fourth year. The reviews are based on information provided by the concerned State, compilation reports prepared by the Office of the UN High Commissioner for Human Rights (OHCHR) and input from NGOs. Each review is facilitated by three States members who act as rapporteurs. During the UPR working group sessions, states and NGOs have the opportunity to participate in an interactive dialogue with the state under review. The 6th UPR session took place in Geneva from 30 November-11 December 2009, at which Ireland raised the human rights situations in Eritrea, Ethiopia, the Democratic Republic of Congo and the Cote d’Ivoire. Through the Government’s official overseas development aid programme, Irish Aid, Ireland actively supports Non-Governmental Organisations (NGOs) in African countries, both in our priority countries and in countries where there are human rights concerns. This year, Irish Aid is providing funding to over fifty NGOs working in African countries which actively promote and defend human rights. Through Irish Aid, the Government has allocated over \2 million this year to NGO involved in human rights projects in African countries. Additional funding is provided through Irish Aid’s significant support for the development programmes of the main NGO partners. Respect for human rights is of course an important priority of the Cotonou Agreement, the agreement governing the aid framework between the EU and the 77 African, Caribbean and Pacific (ACP) states, which was signed in 2000 and revised in 2005. The Partnership sets ambitious targets for the next twenty years centred on the reduction of poverty, the prevention of violent conflicts and improved governance. Under the Agreement, the EU and the ACP countries regularly monitor progress through a comprehensive political dialogue that focuses on respect for human rights, democratic principles and the rule of law. There is also provision for consultations on important issues of concern. In the coming months, the EU will hold discussions with Madagascar, Niger, Zimbabwe, Guinea and Fiji in an effort to resolve matters of concern. If the consultations do not lead to a solution acceptable to both sides, measures can be taken including the possible suspension of the Agreement, although this is recognised as a last resort and is only applied to cases in which sustained political dialogue has failed to produce the desired reforms. When necessary, Ireland and the EU have employed a system of targeted sanctions against members of a regime responsible for serious human rights abuses. In the case of Zimbabwe, a system of restrictive measures is in place against individuals responsible for the violence and

620 Questions— 15 December 2009. Written Answers human violation committed under the Mugabe regime. Most recently, similar measures were introduced against members of the military regime in Guinea following the violent security crackdown against civilians in Conakry last September. Finally, Ireland has been a consistent and strong supporter of the International Criminal Court, recognising it as an essential means for bringing to justice those responsible for the most serious abuses of human rights. To date, the ICC has instigated investigations into allegations of serious human rights abuses in Northern Uganda, the Democratic Republic of Congo, the Central African Republic and the Darfur region of Sudan.

HIV Infection. 262. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which the international community is effectively combating HIV and AIDS in Africa; and if he will make a statement on the matter. [47138/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Recent data from the UNAIDS World Report for 2008 demonstrates that the global HIV prevalence in most southern African countries is either approaching, or has reached, a plateau and that death rates are declining. More than 4 million people are now on effective anti-retroviral treatment. This is an enormous achievement in a relatively short period of time and Ireland has played an important role in this progress. The UNAIDS Report points to a six-fold increase in funding available for HIV and AIDS in this decade so far, and describes a remarkable boost in delivery of important HIV and AIDS services and activities at global, regional and country levels. There is particular emphasis on reaching those countries in Africa which are most affected. Outstanding features of the increase in resources mobilised by the international community include the presence of private philanthropic donors and the unprecedented number of civil society groups that have become active in HIV and AIDS work. These groups have joined hands with their government counterparts and with international donors to more effectively tackle HIV and AIDS through partnership. Ireland has emphasised the fight against HIV and AIDS as fundamental to poverty and vulnerability reduction and is working with other donors, international bodies, national governments and civil society. Ireland spends over \100 million annually on HIV and other diseases of poverty and our assistance is targeted at those countries most affected by the pandemic, including Lesotho, Zambia, Malawi, Ethiopia, Mozambique and Uganda. Success in a number of African countries offers hope that, with international support, it will be possible to get ahead of this infection. In Mozambique, for example, over 78,000 people are now on HIV treatment, up from less than 2,000 people at the end of 2002. In Zimbabwe, despite the well recognised governance difficulties, HIV prevalence in pregnant women attending antenatal clinics has declined significantly in recent years, from 26% in 2002 to 18% in 2006 and recent reports indicate a further 5% decline. Similar slowdown is evident in Kenya and Uganda. These gains represent major steps to overcome AIDS. However deaths from the final stages of AIDS remain a major concern and the disease continues to spread. The international community’s response needs to be sustained and Ireland will continue to play a significant role both globally and at country level.

Overseas Development Aid. 263. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the degree to which it is expected to meet overseas development aid requirements in 2010; the way this will compare with 2009; and if he will make a statement on the matter. [47139/09]

621 Questions— 15 December 2009. Written Answers

266. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he has set interim targets for achievement of the United Nations target for spending on overseas development in accordance with the programme for Government; and if he will he set out those targets. [47173/09]

267. Deputy Michael D. Higgins asked the Minister for Foreign Affairs how he proposes to make savings of more than \25 million in 2010 on Vote 29b relating to bilateral aid. [47174/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to take Questions Nos. 263, 266 and 267 together. For 2010, the Government has provided a total allocation for Official Development Assist- ance (ODA) of \671 million. Of this allocation \536 million will be administered by the Depart- ment of Foreign Affairs and a further estimated \135 million will come from other Government Departments and Ireland’s share of the EU Development Cooperation budget. Based on current projections, this level of expenditure will represent 0.52% of Gross National Product (GNP) and means that Ireland will maintain its expected 2009 percentage spend on ODA in 2010. This level is also expected to ensure Ireland will remain one of the most generous aid donors internationally in per capita terms. Ireland had set itself a target of spending 0.7% of GNP on ODA by 2012 — three years ahead of the EU target date of 2015. This target was set in different times and different economic circumstances. During the recent estimates process a rigorous assessment of our capacity to meet this target was undertaken and it now clear that the current economic circumstances prevent us from achieving our 2012 goal. The Government is now committed, in line with our fellow EU Member States, to meeting a target of spending 0.7% of GNP on ODA by 2015. It is important to point out that Ireland remains ahead of most Member States in progress towards achieving the 2015 target and will exceed the interim target set by the EU of spending at least 0.51% of GNP on ODA in 2010. The Government’s determined decision to maintain aid allocations against the background of enormous budgetary pressures reflects the Irish people’s core values of solidarity and commitment to supporting the world’s poorest and most marginalised communities. The 2010 budget allocation now needs to be effectively delivered with and through our development partners to ensure Ireland’s contribution to development cooperation has maximum impact. Detailed allocations across the programme have yet to be finalised but will reflect the aid programme’s core objectives of poverty reduction and aid effectiveness. Hunger and food security will also remain a priority for us in the light of the Report of the Government’s Hunger Task Force.

264. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent of debt write off agreed by the international community some years ago; the elements that have been concluded in accordance with commitments; those outstanding; and if he will make a statement on the matter. [47140/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): In 2005, the leaders of the G8 countries, at their Summit in Gleneagles, agreed to establish the Multilateral Debt Relief Initiative (MDRI), with a focus on the cancellation of the heavy debt burden on developing countries. It was intended to supplement the Heavily Indebted Poor Countries (HIPC) initiative which was launched in 1996 to reduce the debt burden of qualifying countries to sustainable levels. The MDRI came into effect on 1 July 2006, and provides for cancellation of eligible debt from the World Bank, the African Development Fund and the IMF for many of the world’s

622 Questions— 15 December 2009. Written Answers poorest and most indebted countries, most of them in Africa. In 2007, the Inter-American Development Bank agreed to provide similar debt relief to the five poorest countries in Latin America and the Caribbean. The overall aim is to relieve these countries from the burden of servicing debt and assist them in making progress on the UN Millennium Development Goals. In September 2009, the World Bank and the IMF reported that debt relief provided under these international initiatives has substantially alleviated the burden on developing countries, aided by continued flexibility on the part of the World Bank International Development Association, which provides grants and zero-interest credits to the poorest countries. To date, debt relief has been delivered to 26 countries under the MDRI initiative. In addition, eleven countries have made good progress towards qualifying for this relief, and another six have been identified by the World Bank as potentially eligible. Despite this progress, some important challenges remain in order to fully implement the Initiatives. A key conclusion by the World Bank is that long-term debt sustainability ultimately depends on a country’s broader success in building the institutions to support sustained economic growth. This must be an essential element in any poverty-reduction programme in developing countries. Ireland is recognised internationally for the role we are playing in focusing on the reduction of global poverty and hunger and making international aid more effective for developing countries. We have strongly supported initiatives to ease or cancel the debt burden. Importantly, Ireland’s bilateral assistance to the developing world is exclusively in the form of grants rather than loans. Ireland’s share of the total cost of debt relief provided by the World Bank under the MDRI is \58.64 million. The Government contributed this amount in full in 2006. Ireland has also contributed over \20 million towards the cost of implementing the HIPC initiative. The Government’s debt policy strategy was prepared jointly by the Department of Foreign Affairs and the Department of Finance, and was launched in 2002. It supports the total cancellation of the debts of the world’s poorest countries. A joint review of the strategy is currently being undertaken by the two Departments and I expect it will be completed within the coming months.

Middle East Peace Process. 265. Deputy Rory O’Hanlon asked the Minister for Foreign Affairs if, in view of the fact that Israel has no security concerns regarding a person (details supplied), he will make representations to ensure that they are allowed to continue their studies at Bethlehem University; and if he will make a statement on the matter. [47167/09]

Minister for Foreign Affairs (Deputy Micheál Martin): In my reply of 4 November to a Question from the Deputy on this case, I stated:

This Israeli action has very negative implications for the future of Bethlehem University and the ability of young Palestinians to receive third level education. I call upon the Israeli authorities to reverse this apparently unjustified and mistaken action, and allow the person concerned to return to Bethlehem immediately.

Subsequently, I wrote directly to the Ambassador of Israel in the same terms. At that point there seemed reason to hope that a judicial appeal in Israel might reverse this decision. I was therefore disappointed at the end of last week to learn that the Israeli High Court has refused to overturn the Israeli Army’s decision to deport the person concerned to Gaza. Initial reports of the hearing indicate that the military authorities made no claim of any security risk from this student. The Court had asked the Army to reconsider its decision and also to produce the

623 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] student’s entry permit, a crucial document in the case which was misplaced after it was taken from her. Despite the Army’s failure to meet either of these requests, the Court declined to act further. This is in line with reports from many sources that the Israeli courts are becoming increasingly reluctant to exercise judicial oversight of the actions of the military in the Occupied Territories. This has the effect of denying Palestinians legal redress for the actions of the state. I regret the action taken in this case and the refusal to reconsider it. A number of disturbing implications arise. The student was arrested while travelling between two areas of the West Bank controlled by the Palestinian Authority. It is difficult to see why Israel should be interfering in something which relates to where Palestinians live within Palestinian territory — except in the specific circumstances of a clear security threat. Second, the community of Palestinian Christians in Gaza is being cut off from Bethlehem University, a key centre of their community life. Third, the case raises unsettling questions about Israel’s view of Gaza and the rights of its inhabitants. I am concerned about an approach in this case which seems deeply counter-productive in terms of political reconciliation between Israelis and Palestinians.

Questions Nos. 266 and 267 answered with Question No. 263.

Question No. 268 answered with Question No. 246.

Question No. 269 answered with Question No. 41.

Question No. 270 answered with Question No. 74.

Question No. 271 answered with Question No. 57.

Question No. 272 answered with Question No. 45.

Question No. 273 answered with Question No. 47.

274. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he will make a statement on the recent discussions at the meeting of European Union Foreign Ministers regarding the future status of Jerusalem. [47181/09]

Minister for Foreign Affairs (Deputy Micheál Martin): At its meeting on 8 December, the Foreign Affairs Council adopted comprehensive Conclusions on the Middle East Peace Pro- cess, including a number of important references to the status of Jerusalem, and East Jerusalem in particular. The Council stated that “the EU will not recognise any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties.” The Council further recalled that “it has never recognised the annexation of East Jerusalem” and declared that “If there is to be a genuine peace, a way must be found through negotiations to resolve the status of Jerusalem as the future capital of two states”. These principles have long formed the accepted basis for the EU’s policy in relation to Jerusalem, and are widely accepted also in the broader international community. The Council had not previously stated explicitly that it saw Jerusalem as the future capital of both states, but this has been clearly implicit in the EU’s position for many years. I welcome this clear statement of principles. This clear statement from the EU comes at a vital juncture in the peace process. Ireland, along with its EU partners, considers it timely for the EU to send a strong signal to President Abbas and the Palestinian population that they can reasonably expect that their legitimate

624 Questions— 15 December 2009. Written Answers national aspirations will be satisfied through engaging in substantive negotiations with Israel, overseen by the international community. Clearly, the status of Jerusalem will be a core issue for eventual negotiation. But it is equally clear that any status to be determined will involve sharing the city between both sides as a shared capital. In view of progressive Israeli actions to alter the demographic balance in the city, and push many Palestinians out of East Jerusalem, it is essential that the EU state clearly that it will not accept this process.

Foreign Conflicts. 275. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he will make a statement on ongoing tensions between Colombia and Venezuela. [47182/09]

Minister for Foreign Affairs (Deputy Micheál Martin): On 30 October 2009, a bilateral agreement, entitled A Supplemental Agreement for Co-operation and Technical Assistance and Secur- ity, was signed by Colombia and the United States. Articles Three and Four of this Agreement provide for continued U.S. access to specific Colombian facilities in order to undertake mutu- ally agreed activities within Colombia and for the location of up to 800 U.S. military personnel and up to 600 U.S. civilian contractors at seven military bases in Colombia. A number of countries, including Venezuela, have indicated their objection to this Agree- ment. I understand that it was considered in the Union of South American Nations Defence Council on 10 August 2009 and again at the Union of South American Nations Defence and Foreign Ministers meeting on 28 November 2009. Recent incidents on the Colombia-Venezuela border are indeed a matter of concern. On 19 November, the EU issued a statement which called on both parties to abide by international law and existing mutual agreements; to refrain from any actions or statements that may further deteriorate the situation, and to take steps to seek solutions by dialogue and possible confidence building measures, including through the support of regional bodies. The EU will continue to monitor the situation carefully.

International Agreements. 276. Deputy Michael D. Higgins asked the Minister for Foreign Affairs the negotiations on a free trade agreement between the European Union and Colombia; his views on whether negotiations should be suspended in view of attacks on human, and trade union, rights and if such a view has been communicated to the European Commission. [47183/09]

Minister for Foreign Affairs (Deputy Micheál Martin): EU relations with Colombia are conducted in the framework of regional relations between the EU and the Andean Community comprising Bolivia, Colombia, Ecuador and Peru. In 2007, negotiations aimed at concluding a comprehensive Association Agreement between the EU and the Andean Community were formally launched. This Agreement will cover all facets of relations between the EU and these countries, including political dialogue, cooperation and trade. In addition, a multiparty free trade agreement is being negotiated between the EU and two member states of the Andean Community — Colombia and Peru — within the overall framework of the Association Agree- ment. The negotiations are being carried out by the Commission on the basis of a mandate from the Council. The negotiation of a Free Trade Agreement with Colombia is part of an EU strategy to support and encourage the Colombian Government as it tries to restore the authority of the State after decades of violent civil conflict. By engaging with Colombia in this way, the EU strongly believes it can influence the Government in a manner that also results in greater respect for human rights. Ireland fully supports that strategy. We recognise that the promotion of peace and stability in Colombia requires a comprehensive, multi-strand strategy which

625 Questions— 15 December 2009. Written Answers

[Deputy Micheál Martin.] tackles simultaneously the various social and economic elements underlying the conflict. Our approach and that of the European Union is to engage with the Colombian Government as it emerges from decades of terrorism and to influence that process in a manner that strengthens the Government’s commitment to human rights and fundamental freedoms. I am aware of and share the deep concern that has been expressed at the manner in which trade union activists, human rights defenders and journalists have been treated in Colombia. Ireland, along with its EU partners, monitors the human rights situation in Colombia and raises issues including such human rights abuses with the Colombian Government through the ongoing EU-Colombia dialogue on human rights and in regular contacts at political level. Last month, during a visit to Colombia to present credentials, Ireland’s Ambassador to Mexico raised these issues at meetings with the Colombian Minister for Foreign Affairs and with senior officials in the Foreign Ministry. The Ambassador emphasised the importance that Ireland attaches to the protection of human rights defenders and trade unions leaders and explained the considerable attention that their plight has attracted in Ireland. The Foreign Minister confirmed that this is a priority issue for Colombia and that every effort was being made to address the position in the context of a difficult security situation. In the course of his visit the Ambassador also met with representatives of Irish NGOs to hear at first hand about their concerns regarding human rights and their views in relation to the negotiations on the Free Trade Agreement. I am of the view that continuing the FTA negotiations with Colombia at this time offers the best opportunity to ensure that the concerns of EU Member States at the human rights situation in that country and, in particular, the treatment of trade union activists are fully addressed by the Colombian government. To this end, Ireland, along with other EU partners will continue to input to the European Commission negotiators to ensure a balanced outcome to the negotiations on the Free Trade Agreement with Colombia and one which gives due prominence to the protection of human rights. In addition, I am writing to the EU Trade Commissioner to underline our interest in an effective human rights clause being included in the agreement.

Tourism Industry. 277. Deputy Joe McHugh asked the Minister for Arts, Sport and Tourism the policy regarding eco-tourism projects that use sustainable technology (details supplied) that brings investment to the local economy and provides jobs; and if he will make a statement on the matter. [46932/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): My Department is committed to supporting the balanced implementation of the broad sustainability agenda in tourism development, in line with Programme for Government commitments. With specific regard to eco-tourism and the use of sustainable technology, such commitments include, inter alia, seeking, with the Tourism Agencies and Local Authorities, suitable areas to develop and promote eco-tourism, as well as enhancing the existing Northwest Project, the Green Box, as well as the promotion of best practice in terms of environmental sustainability. Delivering on such commitments involves a combination of actions at a strategic, policy level by my Department, as well as operational actions by Fáilte Ireland, the National Tourism Development Authority. At the sectoral policy level, the current tourism development strategy, New Horizons for Irish Tourism: An Agenda for Action 2003-2012, recognises the importance of good management practices in maintaining and enhancing the attractiveness of both the built and natural environments. The recently published Report of the Tourism Renewal Group further recognises the fact that tourism is particularly well-positioned for a green economy/sustainable

626 Questions— 15 December 2009. Written Answers development approach and acknowledges the importance of Ireland’s environment to the visi- tor experience. At the operational level, the promotion of good environmental practice within the tourism industry, including the use of sustainable technology, is a matter for Fáilte Ireland. Similarly, Fáilte Ireland also has responsibility for the development of tourist facilities and services, including specific product segments such as eco-tourism. I am advised by Fáilte Ireland that, following overseas market research undertaken during summer 2009, it is currently devising a strategy for the development of the natural heritage tourism product, part of which is focused specifically on ecotourism. This follows the launch in March 2009 of an “Ecotourism Hand- book”, published by Fáilte Ireland in association with the Greenbox eco-tourism project, which is a practical guide designed to assist tourism businesses that want to develop as eco-tourism businesses in order to increase their overall sustainability and generate new business. I am further advised by Fáilte Ireland that it has also been involved with a group in the Burren to establish it as a destination for eco-tourism. This project involves training in environmental standards, certification and the development of a holistic tourism experience in the area that meets the needs of international customers, as highlighted in recent research. In addition to strategies and programmes under my own Department and Fáilte Ireland, I understand that there are further supports available to help Irish businesses (including those in the tourism sector) make more efficient and sustainable use of resources, thus benefitting the business itself, the local economy and the environment. Such supports include guidance available from and programmes administered by Sustainable Energy Ireland (SEI) and by the Environmental Protection Agency (EPA), for which my colleagues the Ministers for Communi- cations, Energy and Natural Resources and for the Environment, Heritage and Local Govern- ment are responsible, respectively. Furthermore, there is also a scheme of accelerated capital allowances for energy equipment, a tax incentive aimed at encouraging companies across all sectors to invest in energy saving technology (as approved and listed by the Minister for Communications, Energy and Natural Resources), which was extended in Budget 2010 to include catering and hospitality equipment.

Departmental Agencies. 278. Deputy Noel O’Flynn asked the Minister for Arts, Sport and Tourism, further to Parliamentary Question No. 294 of 8 December 2009, the reason Bord na gCon failed to comply with section 19 (2) of the Greyhound Industry Act 1958 regarding its accounts for the years referred to in the question; and if he will make a statement on the matter. [46965/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Section 19 (2) of the Grey- hound Industry Act, 1958 provides that the Board shall, within ninety days after the end of each accounting period or such longer time as the Minister shall in any particular case allow, furnish to the Minister an abstract of the accounts of the Board for that accounting period and a report of its proceedings during that accounting period. While compliance with the provisions of the Act is a matter for the statutory Board of Bord na gCon, nevertheless, I have asked my Department to remind Bord na gCon of their statutory responsibilities.

European Capital of Sport. 279. Deputy Joe Costello asked the Minister for Arts, Sport and Tourism his proposals to mark the occasion of Dublin becoming the European Capital of Sport in 2010; and if he will make a statement on the matter. [46998/09]

627 Questions— 15 December 2009. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I welcome the successful bid by Dublin City Council to be the European Capital of Sport for 2010.The Deputy will be aware that Dublin has been selected by the European Capitals of Sport Association as the European Capital of Sport for 2010. I expect to attend a number of the initiatives which the Council will be organising during the year starting with the official launch in February 2010. I understand that the Irish Sports Council, which is funded by my Department and Sport Northern Ireland will be supporting Dublin City Council in the hosting of a sport development conference in the new National Conference Centre in October 2010.

Bogus Charities. 280. Deputy Chris Andrews asked the Minister for Community, Rural and Gaeltacht Affairs the action being taken to tackle the problem of bogus charitable collectors; and if he will make a statement on the matter. [46751/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to respond directly to the Deputy in relation to the statistics sought by him.

Community Development. 281. Deputy Finian McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will support a matter (details supplied). [46744/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As I outlined previously to the House and Seanad, my Department has seen the need to redesign its community development/social inclusion programmes, particularly the Local Development Social Inclusion (LDSIP) and Community Development Programmes (CDP), drawing on good international practice and to support the ongoing evaluation of the programmes. The LDSIP and the CDP are my Department’s two main social inclusion/community development programmes. Both have a community development element and are currently delivered through separate local delivery structures. These programmes come to an end on 31 December 2009 and will be superseded by a new programme, the Local and Community Development Programme.

New Programme The aim of the new programme is to tackle poverty and social exclusion through partnership and constructive engagement between Government and its agencies and people in disadvantaged communities. The new programme will preserve elements of good practice from the existing CDP/LDSIP programmes and will enable groups to objectively demonstrate the positive impacts they are securing for local communities.

CDP Review Earlier this year my Department commenced a review of the performance of Community Development projects funded under the Community Development Programme. This work is now completed and I understand that all concerned are being notified of the findings. I acknowledge that the past while has been a time of uncertainty for CDPs. It is my wish that CDPs have clarity on funding and on implementation arrangements for the new programme. This is now being addressed.

628 Questions— 15 December 2009. Written Answers

Structural Change It is also my intention that CDPs and Partnership/Integrated company structures should align so as to minimise structures and provide a single integrated delivery structure for all areas. An implementation strategy, involving the stakeholders, is underway in preparation for programme roll-out in 2010. This will build on discussions with groups at an Information Session on Wednesday 25th November and subsequent contacts. I am committed to the new programme and to implementing it in the best possible way. My Department will engage positively and constructively with all stakeholders in this process.

Security of the Elderly. 282. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the number of panic alarms issued by agencies under the remit of his Department; if the scheme is still issuing such alarms as of today’s date; if so, the body to whom a person will make an application within each constituency; and if he will make a statement on the matter. [46749/09]

284. Deputy Seán Fleming asked the Minister for Community, Rural and Gaeltacht Affairs his plans to make funding available in respect of personal alarms for elderly people living on their own; and if he will make a statement on the matter. [46972/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I propose to take Questions Nos. 282 and 284 together. This Scheme of Community Support for Older People is administered and funded by my Department with the services delivered locally by community and voluntary groups. It currently provides support to these organisations to fund the once-off installation costs of socially monitored alarms, small items of physical security and in the case of qualifying older people living on our offshore islands, interior emergency lighting. The socially monitored alarm system remains the property of the organisation that receives the grant aid. The Scheme had funded 410 community groups to date in 2009 providing 6,235 older persons with security equipment with the vast majority of them receiving the socially monitored alarm. The Scheme will remain open until revised arrangements are put in place in 2010. Details of all payments made to beneficiary groups under the Scheme are published monthly on a county basis on my Department’s website at www.pobail.ie.

283. Deputy Paul Connaughton asked the Minister for Community, Rural and Gaeltacht Affairs if security lights will be provided for an elderly person (details supplied) under the community alert scheme; and if he will make a statement on the matter. [46874/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): My Department is responsible for the Scheme of Community Support for Older People. The Scheme supports qualifying older people, aged 65 and older, by providing funding towards personal alarms and other items of security and safety equipment including smoke alarms. Applications should be made through the individual applicant’s local community or voluntary organisation. My Department has contacted the relevant local community group operating the Scheme in the area in question and this group will be in touch with the person referred to with a view to submitting an application on their behalf. Question No. 284 answered with Question No. 282.

Social Welfare Code. 285. Deputy John McGuinness asked the Minister for Social and Family Affairs if consider-

629 Questions— 15 December 2009. Written Answers

[Deputy John McGuinness.] ation will be given to persons whose homes have been repossessed in terms of their qualification for rent supplement; and if she will make a statement on the matter. [46624/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source. The Supplementary Budget introduced in April 2009 provided for new arrangements for applications for rent supplement. In order to qualify for rent supplement, a person must have been residing in private rented accommodation or accommodation for homeless persons (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where the person is deemed by a housing authority to be eligible for and in need of social housing support. The aim of this restriction on entitlement to rent supplement is to ensure that the housing authorities remain the principal agents both for assessing housing needs and for meeting the long-term housing needs of qualifying persons. People whose homes are being repossessed should therefore apply to their local housing authority for a housing needs assessment in the first instance in order that their eligibility for social housing or rent supplement can be assessed.

Civil Registration. 286. Deputy Jack Wall asked the Minister for Social and Family Affairs the position regarding legislation in relation to a court decision in respect of a person (details supplied); and if she will make a statement on the matter. [46720/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The High Court case in question found that the Irish State is in breach of the European Convention on Human Rights in not having a process and a register to legally recognise the acquired gender of transsexual persons. The judgement, however, allows the State a degree of latitude in the design of the mechanisms to give such legal recognition. In the revised Programme for Government the need to provide legal recognition for transsexuals was accepted. I will be moving to progress this matter in the near future. The means by which legal recognition will be effected may include legislation and in any event will require careful consideration and consultation.

287. Deputy Jack Wall asked the Minister for Social and Family Affairs the procedures open to a family to register their two children (details supplied); and if she will make a statement on the matter. [46929/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The registration of births, including the assignment of surnames in births entries, is governed by the provisions contained in the Civil Registration Act, 2004. Under the provisions of section 22 of the Act, the parents may assign the surname of their choice to their newborn child, by means of mutual agreement. In relation to their first-born, the position is that the child’s birth was registered on 7th November 2004 and re-registered by both parents on 4th October 2007, under the provisions of section 23 of the Act, in order to include the particulars of the father. At the time of the re- registration, the parents were entitled to change the surname of the child but did not opt to do so. Under the provisions of the Act, a birth which has been re-registered under section 23 may be re-registered only under the provisions of section 24, following the inter-marriage of the

630 Questions— 15 December 2009. Written Answers parents. Consequently, I am sorry to inform you that there are no statutory provisions currently available that would allow for any alteration to the surname entered in the register of births. However, there are no provisions within the Act, or elsewhere, which stipulate that a child must be known by the name contained in the register of births. Under common law, names are a matter of usage and repute, and the parents in this case are free to refer to the child by a surname of their choosing. In some instances, it may be useful to swear out a deed poll, as documentary evidence of a change of surname. This will not, of itself, allow for a change to the birth entry but a deed poll can be presented along with a birth certificate, as required. Further information regarding deed polls is available from the Courts Service, Deed Poll Section, The Four Courts, Dublin 7 (Tel 01 888 6508).

Social Welfare Benefits. 288. Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of civil servants granted their three year incentivised career break who applied for one parent family payment while on career break; the number of these who were granted one parent family payment; the number who were refused one parent family payment while on career break; and if she will make a statement on the matter. [46634/09]

289. Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of civil servants granted the three year incentivised career break who were granted one parent family payment while on a career break; the number of civil servants who took the career break for a purpose other than educational reasons; the number of civil servants who were refused one parent family payment who took career break for other than educational reasons; and if she will make a statement on the matter. [46635/09]

290. Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of civil servants granted the three year incentivised career break who were granted one parent family payment while on a career break who took a career break for educational reasons; the number who were refused one parent family payment who took a career break for educational reasons; and if she will make a statement on the matter. [46636/09]

291. Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of civil servants granted the three year incentivised career break who were granted a social welfare payment under each type of social welfare payment; the weekly amount payable; the breakdown on the number of civil servants granted three year incentivised career break who were refused a social welfare payment under each type of social welfare payment; the reason for refusal in each case; and if she will make a statement on the matter. [46637/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 288 to 291, inclusive, together. Civil servants are entitled to claim and receive payment under any social welfare scheme provided they satisfy all the conditions of the appropriate scheme. The fact that a civil servant is availing of the incentivised career break scheme does not necessarily preclude them from Social Welfare payments. Since April 1995 all newly recruited civil servants pay full PRSI which entitles them to claim some social welfare payments such as treatment benefits, maternity benefit, illness benefit. The one-parent-family payment, while not based on PRSI contributions, has always been available to civil servants whose income does not exceed the prescribed limit of \425 a week. These benefits would still be available to a person on the incentivised career

631 Questions— 15 December 2009. Written Answers

[Deputy Mary Hanafin.] break. The Department does not maintain statistics in relation to persons who are on an incentivised career break and in receipt of a social welfare payment. Consequently I am unable to provide the Deputy with the information sought.

292. Deputy Leo Varadkar asked the Minister for Social and Family Affairs her views on paying rent supplement directly to the landlord rather than to the tenant to ensure that the money is spent on rent; and if she will make a statement on the matter. [46689/09]

293. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the action taken against persons who retain their rent supplement and do not pay their landlord the rent owed; the number of occasions reported in the past two years in which this has occurred; the number of persons who have had benefit or payments suspended as a result; and if she will make a statement on the matter. [46690/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 292 and 293 together. The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the Department by the Community Welfare Service of the Health Service Executive (HSE). The purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Under the relevant legislative provisions, the Department’s relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. Legislation does however provide for the making of a rent supplement payment to another person on behalf of the recipient, at the tenant’s request and with the consent of the HSE. Almost 20,000 (21%) rent supplement payments are made to a person other than the rent supplemented tenant, for example to a relative, a landlord or landlord’s agent. It is open to the landlord to bring to the attention of the HSE any instance where a tenant is receiving rent supplement but is not paying their rent. Where a Community Welfare Officer becomes aware that a person receiving rent supplement is not using that supplement to meet housing costs, payment of the supplement is suspended and the matter investigated. Any overpayment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant. Statistics are not readily available on the number of incidences of the non-payment of rent to a landlord where rent supplement is in payment. Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board to have the dispute resolved through the board’s dispute resolution process.

Social Welfare Appeals. 294. Deputy Arthur Morgan asked the Minister for Social and Family Affairs when the appeal against the decision to refuse jobseeker’s allowance will be heard in respect of a person (details supplied) in County Louth; and if she will make a statement on the matter. [46695/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will

632 Questions— 15 December 2009. Written Answers be notified when the necessary arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

295. Deputy Ciarán Lynch asked the Minister for Social and Family Affairs when a decision on an appeal will issue in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [46709/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

296. Deputy Róisín Shortall asked the Minister for Social and Family Affairs if a decision has been reached regarding an application for carer’s allowance in respect of a person (details supplied) in Dublin 11 which was originally submitted July 2008; and if they will be notified of the decision. [46734/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at an oral hearing, disallowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

297. Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 5. [46743/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff. 298. Deputy Mattie McGrath asked the Minister for Social and Family Affairs the number of staff processing social welfare payments in 2009; and the way this figure compares with the past five years. [46766/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I understand that the Deputy is mainly interested in the processing of claims for unemployment benefit payments. Currently there are 2447 posts in the regional network of the Department. This figure includes staff working in the Local Offices, new Central Support Units, the Department’s Inspectorate, the Regional Director’s Office and Regional Offices. While the main work of the Local Office Network is the processing of claims for unemployment payments, the offices also deal with other Social Welfare claims. In addition, inspectors of the Department undertake means testing

633 Questions— 15 December 2009. Written Answers

[Deputy Mary Hanafin.] and other work associated with processing claims for unemployment payments, along with carrying out means testing for the other schemes of the Department. The following table details the staffing levels in the Regions of the Department since 2005.

Year Number of Posts

2009 2,447 2008 1,987 2007 1,917 2006 1,882 2005 1,910

Public Service Cards. 299. Deputy Denis Naughten asked the Minister for Social and Family Affairs when she will roll out the integrated public service card; the cost of the project in 2010; the number of cards that will be issued in 2010; the timetable for the complete roll-out; the target groups which will receive such cards in 2010; and if she will make a statement on the matter. [46796/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department has developed, in conjunction with a number of other government departments, the specifications for a Public Service Card (PSC) under the SAFE (Standard Authentication Framework Environment) programme. The specification provides for identification features, including a photograph. The PSC is to act as a key for access to public services in general, identifying and helping to authenticate individuals. Department of Finance sanction to proceed with the PSC project was received on 23 October 2009. The remobilisation plan for the project began immediately. It will be necessary to procure a new registration and card management functionality, to support issuing the new PSC. Separate sanction from the Department of Finance will be required before the request for tender can issue. The necessary development work and organisation change will mean that implementation of the Project will not be achieved until the second half of next year. It is anticipated that the managed service provider will also be in a position to provide a card personalisation and bureau facility at that time. It is not possible at this stage to predict the number of cards that will issue next year. Last week’s Budget provided \7 million to allow the roll out of cards to commence in 2010.

Social Welfare Benefits. 300. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent allowance, including arrears, will be awarded in the case of a person (detail supplied) in County Kildare; and if she will make a statement on the matter. [46896/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The position remains, as advised in Parliamentary Question No. 828, which I answered for the Deputy on 3rd November 2009. A community welfare officer issued a letter to the person concerned on 17 September 2009, seeking documentary evidence in relation to a number of matters, including details of the lease on her rented property and her financial position. The Executive has advised that while it has received some of the documentation sought from the person concerned, it is still awaiting the provision of other supporting documentation. 634 Questions— 15 December 2009. Written Answers

301. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Westmeath has been refused a disability allowance; and if she will make a statement on the matter. [46979/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The person concerned was awarded a reduced rate Disability Allowance with effect from 16 April 2008. She was assessed with means derived from her spouse’s farming. The person’s claim was reviewed by a Medical Assessor on 18 November 2009 who deemed that she was no longer medically suitable for Disability Allowance. Her claim was disallowed with effect from 9 December 2009 on the basis that she is not substantially restricted in seeking suitable employment, by reason of a specified disability, for a period of at least one year. She was notified of this decision by letter on 25 November 2009 and of her right of appeal to the independent Social Welfare Appeals Office.

Social Welfare Offices. 302. Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs the catchment area served by the social welfare office in Ballyconnell, County Cavan; the number of people registered as signing-on and dependent on the claimant; the total population of the entire catchment as per the 2006 census; and if she will make a statement on the matter. [46996/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department provides it services through its Local Office and Branch Office network. The Department’s Branch Office in Ballyconnell deals with Jobseeker applications and payments for a sizeable geographic area covering most of North Cavan and parts of County Leitrim, including the towns of Belturbet, Carrigallen, Corlough, Killeshandra, Redhills and Swanlinbar. All persons living in these areas or catchment areas, if they require a jobseekers payment, will be dealt with by the Ballyconnell Branch Office. As of 5th December 2009 there are 1,437 persons claiming Jobseeker Allowance and Benefit payments. The population covered by the area served by this branch office based on 2006 Central Statistics figures is 13,981. Recent media reports stated that the number of persons signing in this office is in excess of the population of Ballyconnell and implied that this was due to fraud. Because the office serves a much wider area than Ballyconnell itself, it is not accurate to isolate the population of Ballyconnell from the wider area it serves. Neither is it appropriate to extrapolate that the increase in, or composition of, the Live Register is exclusively down to cross border claiming. It is true that the Department has identified a risk that people who live in Northern Ireland may attempt to fraudulently claim welfare payments in the Republic. A number of measures have been put in place to address this risk. Since the department started these cross-border operations, the percentage year-on-year increase in virtually all of the border offices had reduced. The most recent statistics for Ballyconnell Branch Office show that between December 2008 and December 2009 the number of people on the Live Register in this area increased by 39%, from 862 to 1,202 persons. This was lower than the percentage increase in the Live Register nationally in the same period.

635 Questions— 15 December 2009. Written Answers

Departmental Properties. 303. Deputy Simon Coveney asked the Minister for Defence when he expects to open negotiations with Cork County Council in regard to a matter (details supplied); when this issue will be resolved; and the time scale expected to be involved. [46554/09]

Minister for Defence (Deputy Willie O’Dea): The lands owned by my Department at Templebreedy, Crosshaven comprise 37 acres and are no longer used for military purposes. Cork County Council recently added the structure of Fort Templebreedy to the Record of Protected Structures under Section 12(6) of the Planning and Development Act 2000. My Department had previous discussions with the Local Authority concerning the transfer of the property to it. In that regard my Department is obliged to obtain the market value of the property. However, the Local Authority had sought to acquire the property free of charge and discussions were concluded at that stage. Should the Local Authority now wish to purchase this property, it should contact my Department.

Overseas Missions. 304. Deputy Jim O’Keeffe asked the Minister for Defence the distance from the Irish base in Goz Beida in Chad to the location of the nearest dedicated casualty evacuation helicopter; the flight time for that journey; the helicopter casualty evacuation procedures in place for troops on long range patrols; if he can provide an assurance that troops injured or wounded on long range patrols can be airlifted by helicopter within the crucial first hour following injury; and if he will make a statement on the matter. [46805/09]

305. Deputy Jim O’Keeffe asked the Minister for Defence the circumstances surrounding the delay in providing casualty evacuation for an injured soldier on duty in Chad; the distance the soldier was from the Irish base at the time of the injury; and if he will make a statement on the matter. [46806/09]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 304 and 305 together. There is currently a contingent of some 420 Defence Forces personnel deployed as part of the United Nations Mission in the Central African Republic and Chad (MINURCAT). There are two United Nations helicopters based in Goz Beida alongside the Irish Camp, which are available to be used for casevac purposes. In addition, a dedicated Casualty Evacuation (casevac) helicopter is located on a 24/7 basis in the MINURCAT Force Headquarters (FHQ) Camp in Abéché, which is approx 200km (70 mins flying time) from the Irish Camp in Goz Beida. UN medical guidelines indicate that a casualty should be seen by a doctor within one hour of sustaining an injury/illness and transferred to a Level 2 Medical facility, similar to that located in Abéché, within four hours of sustaining the injury/illness. The arrangements in place by the Irish contingent meet these requirements in that, a doctor and medical orderly accompanies all long range patrols conducted by Defence Forces personnel. This ensures that a soldier injured or wounded on a long range patrol would receive immediate medical attention. Where necessary, the injured soldier can then be airlifted to Abeche, either using the helicopters at Goz Beida or the dedicated casevac helicopter from Abeche. Following the transfer of authority from the EUFOR TCHAD RCA to the UN–led MINUR- CAT mission on 15 March 2009, the provision of air casevac/medevac to Sector South (Irish unit) caused some concern, namely the lack of clarity regarding the provision of a casevac/medevac facility by MINURCAT and the arrangements for calling in helicopter sup-

636 Questions— 15 December 2009. Written Answers port. On 24 March 2009 a non-commissioned officer was injured 20km from Camp Ciara while on patrol to Koukou Angarana. The injured party received immediate medical attention on the ground. However, the UN was unable or did not respond to a request for an airlift of the patient for some time and outside of the agreed standard response times. While the injury in this particular case was not serious, the response of the UN raised concerns in relation to the response capacity of the UN in cases where a significantly more serious injury might be involved. As a result, it was decided to retain the Irish Helicopters in Goz Beida until such time as the UN reached full operational capability, such that the military authorities were satisfied with response levels. The onset of the rainy season and the importance of support for logistics and resupply of the Irish contingent through the rainy season was also a matter of concern. In September, 2009, the military authorities indicated that they were satisfied with the service being provided by the UN and, as such, the contract for the Irish contingent helicopters was terminated in accordance with the terms of the contract.

Defence Forces Recruitment. 306. Deputy David Stanton asked the Minister for Defence the number of application forms for enlistment in the Defence Force held in each brigade; his plans in regard to these applications; and if he will make a statement on the matter. [46901/09]

Minister for Defence (Deputy Willie O’Dea): As you are aware recruitment to the Perma- nent Defence Force was suspended in late 2008 pending a review of the best means by which to achieve the reduction of 3% in payroll costs that had been applied, in common with other areas of the public service, to the Defence Forces. The present position is that arising from the Government Decision on Public Service numbers, which took effect from 27 March 2009, recruitment to the Permanent Defence Force remains suspended. I am advised by the Military Authorities that having conducted a review of the applications on hand there were concerns regarding the validity of the applicants data due to the passage of time since the last induction of recruits to the Permanent Defence Force. The Military Authorities therefore are in the process of writing to all the individuals on their registrar of applicants for recruitment to return their forms to them and advising them that they may re- apply when recruitment to the Permanent Defence Force re-opens provided they still meet all the eligibility criteria. The process of returning the forms has already been completed in the Western Brigade and is ongoing in the other Brigade areas. Competitions for recruitment will be advertised on www.military.ie when they arise. The number of applications for enlistment in the Permanent Defence Force, currently held by Brigades and Formations is as follows: 2 Eastern Brigade: 1,005 1 Southern Brigade: 1,049 4 Western Brigade: Nil DF Training Centre: 194 Naval Service: 218 Air Corps: 35 In my statement on the Defence Budget, I confirmed my commitment to maintaining the strength of the Permanent Defence Force at a level of 10,000 all ranks, for which I have secured Govern- ment approval in the context of Budget 2010.

Reserve Defence Force. 307. Deputy David Stanton asked the Minister for Defence the number of personnel that are effective and non-effective respectively in the Reserve Defence Force; the number of these in each rank; and if he will make a statement on the matter. [46902/09]

Minister for Defence (Deputy Willie O’Dea): The information requested by the Deputy is presented in the tabular statement. Defence Force Regulation R5 (new series) Reserve

637 Questions— 15 December 2009. Written Answers

[Deputy Willie O’Dea.] Defence Force outlines the criteria for retention on the effective strength of the Army Reserve and Naval Service Reserve. Paragraphs 39, 49 and 50 refers. Personnel who fail to meet these criteria are removed from the effective strength of their units. This is primarily for failure to meet prescribed training requirements. These personnel remain liable for call out on permanent service or service in Aid to the Civil Power. Personnel who are posted non-effective are not permitted to undertake training unless they re-apply and are accepted back on the effective strength. Where personnel remain non-effective for a period of two years they may be discharged.

638 Questions— 15 December 2009. Written Answers NCOs 8101258118180594802 Offrs NCOs Army Reserve (AR) Offrs Naval Service Reserve (NSR) NSR Lt Cdr Capt Lt 2/Lt Total WO SCPO CPO SPO PO LS Total Sea Total AR Lt Col Comdt Capt Lt 2/Lt Total Sgt Maj BQMS C/S CQMS SGT CPL Total Ptes Total Reserve Effective TotalNon Effective TotalTotal Army Reserve 2 0 2 104 2 106 195Effective Total 8 203 215Non Effective TotalTotal 233 Naval 18 Service 50 50 4 0 566 0 4 594 15 11 2 0 16 11 15 4 0 15 4 95 2 0 96 88 2 21 90 657 0 21 715 0 846 0 0 964 1,716 3 1,896 3,476 0 3 4,070 5,758 10 6,560 1 11 0 0 0 11 9 20 32 10 42 56 20 76 108 196 88 185 293 108

639 Questions— 15 December 2009. Written Answers

House Prices. 308. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the action taken since the agreement of the revised programme for Government to amend the Data Protection Act to allow for a database of house sales prices; the Depart- ments and agencies involved; when heads of a Bill will be agreed; when legislation is expected to be published; and if he will make a statement on the matter. [46671/09]

309. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the impediments to publishing final sale price statistics of residential property; the contact he has had with representatives of the residential property industry to overcome impediments in addition to a proposed legislative solution; and if he will make a statement on the matter. [46672/09]

325. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the role he will have in publishing final sale price statistics of residential property; the contact he has had with representatives of the residential property industry to overcome impediments; his views on the issue of over-valued property; and if he will make a statement on the matter. [46673/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 308, 309 and 325 together. The renewed Programme for Government sets out a clear commitment to create and maintain a comprehensive House Price Database based on sales prices. My Department, the Depart- ment of Justice, Equality and Law Reform, the Property Services Regulatory Authority, and the Central Statistics Office, as well as representatives from consumer and industry representative organisations, will be engaging in the coming months on the development of the new house price index. Among the issues to be considered in that context is the degree to which the existing legislative framework supports the development of such an index. For example, the Data Protection Act currently precludes the publication of data relating to specific sales prices achieved for individual houses without the consent of the purchaser and vendor involved in each transaction. Amendment of the Data Protection legislation to allow publication of the sale price of property is a matter in the first instance for the Minister for Justice, Equality and Law Reform. In terms of house prices, like housing markets throughout the world, the Irish housing market has moderated significantly over the course of the last 18 — 24 months. Since the peak, new house prices have fallen by 26% nationally and 40% in Dublin, while second hand house prices have dropped by 20% nationally and 33% in Dublin. This brings house prices back to levels seen in Q3 2004 (Q2 2002 for Dublin) for new houses and Q4 2004 (Q1 2004 for Dublin) for second hand houses. In addition, as a result of this price moderation combined with historically low interest rates, affordability for first time buyers has now returned to a level last seen in the mid 1990’s.

Housing Grants. 310. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government his views on reinstating the disabled person’s grant for persons with disabilities with limited access in their homes; and if he will make a statement on the matter. [46931/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): In order to facilitate the continued independent occupancy of their

640 Questions— 15 December 2009. Written Answers own homes by older people and people with a disability, and following a review of the old Disabled Persons and Essential Repairs Grant Schemes, a revised suite of Housing Adaptation Grant Schemes for Older People and People with a Disability was implemented on 1 November 2007. The revised schemes target the available resources to those in most need, streamline operational and administrative procedures and ensure equity and consistency of operation across all local authority areas. The new Housing Adaptation Grant for People with a Disability replaced the older Disabled Persons Grant Scheme and assists in the provision/adaptation of dwellings to meet the accommodation needs of people with a disability. The maximum grant was increased from \20,320 to \30,000 and may cover up to 95% of the cost of approved works. The Mobility Aids Grant Scheme provides grants of up to \6,000 to cover up to 100% of the cost of a basic suite of works to address mobility problems, primarily but not exclusively, associated with ageing. At my Department’s request, the Centre for Housing Research is currently carrying out an evaluation of the grant schemes in consultation with stakeholders, including the local authorities, representative organisations for older people and persons with a disability, and with a cross-section of grant applicants. The evaluation report will inform any future policy decisions with regard to the scope and operation of the schemes.

Local Authority Housing. 311. Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the portion of the allocation in his Department’s Estimates for local authority estate regeneration and remedial works and urban regeneration planning that is intended to be spent on regeneration in Limerick city; the amount that will be spent on regeneration in Limerick; if the Limerick northside and Limerick southside regeneration plans have been formally endorsed; and if he will make a statement on the matter. [47382/09]

339. Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local Government the implications of budgetary cuts and changes made under budget 2010 for the Limerick regeneration project; the amount of funding that will be made available to Limerick regeneration in 2010 for capital and current purposes; and if he will make a statement on the matter. [47171/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 311 and 339 together. I am pleased that the Government has committed a total of \240 million under the 2010 estimates for the Local Authority Estate Regeneration and Remedial Works programme, including a new Energy Efficiency/Retrofitting provision of \45m. This represents a significant increase on the 2009 provision of \190m, reflecting the importance I attach to protecting and improving the fabric of the existing local authority housing stock as well as supporting an ambitious programme of regeneration projects, both large and small, across the country. This increased provision will enable me to continue to prioritise the requirements of the Limerick Regeneration Programme when allocations for individual programmes for 2010 are being made early next year. In this regard, I particularly welcome the recent Government decision to endorse the overall vision for a ten year transformation of the Limerick Regeneration areas set out in the Limerick Regeneration Programme. The Government has requested the relevant Departments and Agencies to complete the remaining work required to finalise the Programme by the end of the first quarter of 2010, for final consideration by the Government at that stage. Work will now advance on a range of issues, particularly in relation to the detailed costings and phasing

641 Questions— 15 December 2009. Written Answers

[Deputy Michael Finneran.] of the implementation of the Programme, and the mechanisms to leverage essential private investment in the areas, in order to deliver, in a sustainable manner, the much needed integrated physical, social and economic regeneration of the combined Regeneration areas. My Department, the Regeneration Agencies, the relevant local authorities and the wider range of Government Departments and State Agencies involved will be working intensively on this over the next few months.

EU Directives. 312. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the imposition of S.I. 268 on batteries and accumulators by his Department is costing jobs in this economy in view of the fact that no similar requirements apply in Northern Ireland; the number of companies that have been accredited as certified suppliers under the statutory instrument; his views on the damage caused to legitimate businesses here because of same; and if he will make a statement on the matter. [46556/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): European Parliament and Council Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, which came into force in September 2006, placed a legal obligation on each Member State to give effect to the provisions of the Directive from 26 September 2008. Failure to transpose a Directive may result in infringement proceedings being brought against a Member State by the Commission. Following a public consultation process, and with the assistance of the Batteries Working Group which represents key stakeholders, the Directive was transposed into Irish law on 16 July 2008 by the Waste Management (Batteries and Accumulators) Regulations 2008. Under the Regulations, producers (e.g. importers) placing batteries on the domestic market must, inter alia, finance the collection, treatment and recycling of waste batteries and accumulators (rechargeable batteries) and ensure that all such waste is treated in accordance with prescribed standards and that prescribed recycling efficiencies are achieved. Businesses procur- ing batteries outside the State, including Northern Ireland, have producer obligations. Battery producers must also register with the industry based National WEEE Register Society Limited and report on quantities of batteries placed on the market to the “Black Box” function of the WEEE Register. My Department is advised that 508 battery producers, 461 of whom are also producers of electrical and electronic equipment, are registered with the WEEE Register and that an additional 153 battery producers, 126 of whom are also producers of electrical and electronic equipment, have applications for registration pending. My Department is aware that regulations transposing the Directive in the United Kingdom are now in place and that measures providing for producers’ financial obligations will come into effect on 1 January 2010.

Local Authority Charges. 313. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if section 2(1)(c) of the Local Government (Charges) Act 2009 does not exempt a building in the personal ownership of a Minister; and if he will make a statement on the matter. [46567/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 2(1)(c) of the Local Government (Charges) Act 2009 exempts from the charge a build-

642 Questions— 15 December 2009. Written Answers ing let by a Minister of the Government, a housing authority or the Health Service Executive. This provision was included to prevent an unnecessary circular flow of public money. The provision exempts buildings let by a Minister as head of a Government Department. It does not exempt any property which that Minister might own as a private citizen.

EU Directives. 314. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if there are EU directives which require to be transposed into primary or secondary legislation; the directives; the date they were drafted by the Commission; when he intends to transpose them into domestic law; and if he will make a statement on the matter. [46593/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are currently four Directives in my Department’s area of responsibility, which are outstanding for transposition. A further twelve Directives are due for transposition between the end of 2009 and the end of 2012. Details of these Directives are set out in the Table below. My Department is working to ensure the comprehensive transposition of these Directives.

643 Questions— 15 December 2009. Written Answers Transposition and Deadline for 14/03/2007 End of January 2010 Statutory Instrument EU Directives to be transposed by the Department of the Environment, Heritage and Local Government Directive Number / Subject Date of Adoption Expected Transposition Date Likely Method of Transposition environment (already partially transposed) 2004/35/EC Community (INSPIRE) environmental policy (Marine Strategy Framework Directive) for greenhouse gas emission allowance trading within the Community 2003/35/ECDirective on public participation in plans and programmes relating to the2006/21/ECOn the management of waste from extractive industries and 25/06/2005 amending Directive2006/118/EC 01/05/2008 On the protection of groundwater against pollution and2007/2/EC deteriorationOn establishing an Infrastructure for Spatial In-formation in the European2008/50/EC 16/01/2009 On ambient air quality and cleaner 15/05/2009 air for2008/56/EC EuropeEstablishing a framework for community action in the field of marine2008/98/ECOn waste and repealing certain Directives 26/05/20032008/99/ECOn the 15/07/2010 protection of the environment through criminal2008/101/EC law 15/03/2006 At theAmending earliest 11/06/2010 Directive possible 2003/87/EC date so as to include aviation activities in the scheme 12/12/2006 End 02/02/2010 of December 2009 Statutory Instrument End 26/12/2010 of January 2010 12/12/2010 21/05/2008 Statutory Instrument 17/06/2008 By the Transposition Date Statutory Instrument 19/11/2008 By the Transposition Date 19/11/2008 Statutory Instrument By the Transposition Date 19/11/2008 Statutory Instrument By the Transposition Date By the Transposition To Date be determined To be determined Statutory Instrument

644 Questions— 15 December 2009. Written Answers this case as Irelandnuclear does installations. not It have isthis any hoped will that be confirmedquarter in of the 2010. first continued — Transposition and Deadline for EU Directives to be transposed by the Department of the Environment, Heritage and Local Government Directive Number / Subject Date of Adoption Expected Transposition Date Likely Method of Transposition subsequently repealing Council Directives84/156/EEC, 82/176/EEC, 84/491/EEC, 83/513/EEC, 86/280/EEC and amending Directive 2000/60/EC Directives 2000/53/EC, 2002/96/EC andParliament 2004/42/EC and of of the the1272/2008 European Council on in classification, order labelling to and adapt packaging them of to substances Regulation and (EC) mixtures No emission allowance trading scheme of the Communitygas-oil and introducing aemissions mechanism and to amending monitor Councilspecification and Directive of reduce 1999/32/EC fuel greenhouse as used gas 93/12/EEC regards by the inland waterway vessels and repealing Directive installations. 31/12/2012of Date the Council, technicalwater specifications status for chemical analysis and monitoring of service stations. Establishing a Community Framework for the nuclear safety of nuclear 22/07/2011 2008/105/ECOn environmental quality standards in the field of water policy, amending and2008/112/EC 13/07/2010 Amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EEC and2009/29/EC 16/12/2008 Amending Directive 2003/87/EC so as to improve and extend the greenhouse2009/30/EC gas 31/12/2009 andAmending Directive 98/70/EC as regards the specifi-cation of petrol, diesel and Early in 2010 and By the 31/12/2010 Transposition 2009/71/EURATOM 16/12/20082009/90/ECLaying down, pursuant to By Directive the 2000/60/EC Transposition of 16/12/2008 Date the European Parliament and 21/08/2011 2009/126/ECOn Stage II Petrol By Vapour the Recovery Transposition during Date refuelling of motor Statutory vehicles Instrument at 23/04/2009 01/01/2012 23/04/2009 Statutory Instrument 25/06/2009 By the Transposition Date By the Transposition Date, if necessary. Transposition may not Statutory be Instrument required in 31/07/2009 Statutory Instrument By 21/10/2009 the Transposition Date By the Transposition Date Statutory Instrument Statutory Instrument

645 Questions— 15 December 2009. Written Answers

Local Authority Housing. 315. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that Dublin City Council housing procedures have been breached; if he will investigate this matter and the role of politicians in this issue. [46610/09]

316. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [46611/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 315 and 316 together. The operation of Dublin City Council’s allocation scheme is a matter for the Council itself. I understand that a review of allocation protocols and procedures has already been undertaken.

317. Deputy John McGuinness asked the Minister for the Environment, Heritage and Local Government the options available to local authorities regarding their applications for housing; if consideration will be given to persons whose homes have been repossessed in terms of their qualification for the rental accommodation scheme or a local authority house; and if he will make a statement on the matter. [46624/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): It is open to any household to apply to a housing authority to undergo an assessment as to whether they are eligible for and in need of social housing support. The determination of an individual household’s eligibility, or ineligibility, is a matter for the housing authority making the assessment. Once an authority has determined that a household is in need of support there are a range of housing options, including local authority housing, the Rental Accommodation Scheme, the Social Housing Leasing Initiative, housing provided by approved bodies and sites for households to build on, that can be made available to these households.

Special Protection Areas. 318. Deputy John Cregan asked the Minister for the Environment, Heritage and Local Government the reason a person (details supplied) in County Limerick has been deemed to be ineligible to qualify under the hen harrier farm plan scheme; and if he will make a statement on the matter. [46640/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In order to be considered for acceptance into the National Parks and Wildlife Service Hen Harrier Farm Plan Scheme, farmers and landowners/occupiers must have been actively farming stock for a minimum of two years in a designated hen harrier Special Protection Area (SPA). I understand that the person in question has not been farming stock in the SPA for the requisite period and therefore does not qualify for entry into the Scheme.

Waste Disposal. 319. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding his policy on incineration; if he plans to change this policy; and if he will make a statement on the matter. [46660/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Government policy in relation to waste management is grounded in the internationally recog-

646 Questions— 15 December 2009. Written Answers nised hierarchy of waste options. The most favoured option is waste prevention, followed by minimisation, reuse, recycling, recovery and the least favoured option of disposal to landfill. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the level of diversion from landfill by 2010 and further increases in diversion in subsequent years. The Programme for Government agreed in 2007 included a number of objectives relating to waste management, among them a commitment to carry out an international review of waste management plans, practices and procedures and to act on the conclusions. An important milestone was reached recently with the delivery of the report of consultants engaged to carry out a study to underpin the conclusion of the review. This report will act as a launching pad for the policies we now need to mark a new departure in our approach to waste management. I intend to develop a new waste and resource management Bill and a policy statement on waste management arising from recommendations in the report, which I shall bring to Government as soon as possible in 2010. This will set a policy context which will ensure that waste management services are delivered by the public and private sectors in an environmentally progressive and cost efficient manner.

Local Authority Housing. 320. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason residents of housing estates (details supplied) in County Longford are without heating, hot water and so on in view of the fact that wood pellets are running out despite a software system being in place to notify them when the supply is low; and if he will make a statement on the matter. [46666/09]

321. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason residents of housing estates (details supplied) in County Longford are obliged to pay a \20 monthly heating charge as well as a monthly heating bill when no notification of this charge was given at their tenancy meeting; and if he will make a statement on the matter. [46667/09]

322. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason residents of housing estates (details supplied) in County Longford are without heating in view of the fact that it was stated by the council that the houses were fuel efficient but are costing more to heat than previous dwellings and the added monthly charge of \20 makes the bills unsustainable; and if he will make a statement on the matter. [46668/09]

323. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his views on whether it is equitable that residents of estates (details supplied) in County Longford, suffering from health problems and disabilities are without heating due to high costs; and if he will make a statement on the matter. [46669/09]

324. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason residents of housing estates (details supplied) in County Longford are living in houses regarded as a fire hazard due the fact that they have no back door and bedroom windows do not open more that a couple of inches; and if he will make a statement on the matter. [46670/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 320 to 324, inclusive, together.

647 Questions— 15 December 2009. Written Answers

[Deputy Michael Finneran.]

All matters relating to the management and maintenance of social rented accommodation funded under my Department’s Social Housing Investment Programme are the responsibility of the relevant Local Authority, in this case Longford Town Council. I understand that technical issues have arisen with regard to the operation of the heating systems used in this recently completed 72-house estate. These are currently being addressed by the Council and the contractor in consultation with householders. Longford Town Council have confirmed that all houses in this new development have been designed and constructed in compliance with the requirements of the Building Regulations, including compliance with Part B (Fire Safety).

Question No. 325 answered with Question No. 308.

Departmental Bodies. 326. Deputy Ciarán Cuffe asked the Minister for the Environment, Heritage and Local Government the progress made regarding the setting up and implementation of the architectural registration body’s technical assessment board; and if he will make a statement on the matter. [46691/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the Technical Assessment Board referred to in the Question has been established by the Registration Body under the Building Control Act 2007. The assessment of applications will commence shortly.

Pension Provisions. 327. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason a person (details supplied) in County Longford must confirm in writing every year that she is not working for a local authority, and have the letter countersigned by an authorised person, to be paid a widow’s pension; and if he will make a statement on this waste of public money and harassment of this person. [46757/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under Article 112(2) of the Local Government (Superannuation)(Consolidation) Scheme 1998, a local authority may require persons in receipt of pension benefits to make a pension declaration to them. This is in line with other public sector pension schemes.

Proposed Legislation. 328. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he will make regulations under the Control of Dogs Acts in relation to dog breeding establishments; if hunt kennels will be included in such regulations; and if he will make a statement on the matter. [46760/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I will publish a Dog Breeding Establishments Bill in the near future. The draft Bill proposes to give statutory effect to the recommendations of the Working Group that reviewed the management of dog breeding establishments. The Working Group recommended that a dog breeding establishment be defined as “a premises containing more than 5 female dogs, aged over 4 months, with breeding potential”. The draft Bill proposes that all dog breeding establishments be required to register with the relevant local authority, that they pay a registration fee and that they meet a minimum set of veterinary, welfare and other standards, together with some

648 Questions— 15 December 2009. Written Answers associated requirements. It is also proposed to amend a number of the existing dog control provisions. The Hunting Association of Ireland (HAI) made submissions to me in relation to their activities and the nature of these. As a consequence and in recognition of the “not for profit” basis of these activities, and as communicated to the HAI directly and in response to representations on their behalf, I decided to provide exemption in the legislation in respect of the payment of registration fees. The HAI has made clear that their premises operate in accordance with comprehensive and appropriate standards. Accordingly, I do not consider that this aspect of the legislative regime should cause difficulty to their members. Regulations made under the Control of Dogs legislation will be amended on enactment of the Bill and will provide for consultation with interested parties, including the HAI, in developing guidelines to meet the requirements of the legislation.

Water and Sewerage Schemes. 329. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment the position regarding the provision of sewage facilities at Carrigaholt, County Clare; and if he will make a statement on the matter. [46774/09]

330. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment the position regarding the provision of sewage facilities in Broadford, County Clare; and if he will make a statement on the matter. [46775/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 329 and 330 together. The sewerage schemes for Carrigaholt/Labasheeda and Broadford are included for funding in my Department’s Water Services Investment Programme 2007 — 2009. I approved grant assistance of \1.547m for the Carrigaholt/Labasheeda sewerage scheme in June 2008 following examination of Clare County Council’s Preliminary Report Review for the Carrigaholt element of the scheme and its Design Review Report for Labasheeda. My Department approved Clare County Council’s revised Preliminary Report for the Broadford sewerage scheme in December 2006 along with grant assistance of \1.3m. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October last. My Department has commenced consideration of these assessments, which will form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria. It is anticipated that the Water Services Investment Programme 2010 to 2012 will be published in early 2010.

EU Directives. 331. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to revise the nitrates regulations; his plans to review the inspection regime of the local authorities and of the Department of Agriculture, Fisheries and Food; and if he will make a statement on the matter. [46797/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Primary responsibility for the implementation of the Nitrates Regulations has rested with the local authorities since 2005. The Department of Agriculture, Fisheries and Food also checks for compliance with the Regulations during the cross-compliance inspections carried out as

649 Questions— 15 December 2009. Written Answers

[Deputy John Gormley.] part of the Single Farm Payment scheme. Discussions are ongoing between my Department, the Department of Agriculture, Fisheries and Food and local authority representatives to rationalise the existing arrangements and to put in place a robust regime that benefits both the State and the farmer. The aim is that the Department of Agriculture, Fisheries and Food will commence carrying out inspections for the purposes of the Nitrates Regulations early in 2010. In the meantime the existing arrangements continue to apply. In accordance with the Regu- lations, and following consultation with the Minister of Agriculture, Fisheries and Food and with other interested parties, a new Nitrates Action Programme will be prepared and published by 30 June 2010. Any adjustment to the current Action Programme will require the agreement of the European Commission.

Building Regulations. 332. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a matter (details supplied); and if he will make a statement on the matter. [46907/09]

333. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will deal with a matter (details supplied); and if he will make a statement on the matter. [46914/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 332 and 333 together. My Department’s involvement with inspections under the Homebond Structural Guarantee Scheme ended in 2004. Details of receipts in respect of these inspections for the period 2000 to 2004 and receipts in respect of applications for Certificates of Reasonable Cost under the Tax Incentive Schemes for the period 2000 to 11 December, 2009 are also set out in the following table:

Year Homebond Structural Guarantee Applications for Certificates of Scheme Reasonable Cost

2000 1,610,747 36,454 2001 1,203,309 48,834 2002 2,352,440 48,847 2003 2,386,183 52,509 2004 220,320 54,391 2005 49,681 2006 60,136 2007 19,889 2008 3,262 2009 5,537

Total 7,772,999 379,540

Receipts in respect of the Homebond scheme and the Tax Incentive Schemes are treated as Appropriations-in-Aid under my Department’s Vote, details of which are set out in the Appro- priation Account for the years in question. 650 Questions— 15 December 2009. Written Answers

Social and Affordable Housing. 334. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government his plans to facilitate persons who purchased houses under the affordable housing scheme to re-mortgage their property. [46948/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I have requested my Department to arrange to have the provisions that will facilitate existing affordable housing purchasers to remortgage their properties included in the first available appropriate legislative vehicle.

Regeneration Schemes. 335. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment if funding will be provided in 2010 for the development of a regeneration scheme (details supplied) in County Clare; and if he will make a statement on the matter. [46951/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department currently has no proposal for the project in question.

Water Services. 336. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government when it is planned to commence the roll-out of domestic water meters; the funding that has been made available to local authorities; the anticipated average cost per house; and if he will make a statement on the matter. [46975/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The renewed Programme for Government contains a commitment to the introduction of charges for domestic water use in a way that is fair, significantly reduces waste and is easily applied. Accordingly, I will be bringing forward proposals as a priority for the installation of water meters in households, on the basis that households will be allocated a free basic allowance, with charging only for water use in excess of this allowance. My Department will now develop the necessary arrangements for the procurement and installation of meters to begin as soon as possible, and will examine the scope to apply smart metering technology in this context. I will be bringing detailed proposals to Government early in 2010. The cost of metering households will vary depending on a number of factors, including the type of meters to be installed, and the restoration works involved in urban and rural locations.

Water and Sewerage Schemes. 337. Deputy Christy O’Sullivan asked the Minister for the Environment, Heritage and Local Government the status of the Bandon sewerage and drainage works, County Cork.. [47012/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department awaits the submission of Cork County Council’s contract documents for the Ban- don Sewerage Scheme, which is included for funding in my Department’s Water Services Investment Programme 2007 — 2009 at an estimated cost of almost \15 million. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October last. My Department has commenced consideration of these assessments, which will form a key input to the development of the 2010 to 2012 Water Services Investment Programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years

651 Questions— 15 December 2009. Written Answers

[Deputy John Gormley.] based on key environmental and economic criteria. It is anticipated that the Water Services Investment Programme 2010 to 2012 will be published in early 2010.

Turbary Rights. 338. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he has received the submission from the Oireachtas Joint Committee on the Environment, Heritage and Local Government on turf cutting; his plans to address the issues raised in this correspondence; and if he will make a statement on the matter. [47162/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have received the submission in question, and I will consider its content and reply to the Committee as soon as possible.

Question No. 339 answered with Question No. 311.

Postal Services. 340. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources when he will publish the three reports he has in his possession regarding the introduction of post codes here; and the reason for the delay to date. [46776/09]

343. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources the way and the person who will pay for the introduction of the proposed postal code system here; if it is his intention to implement it by 2011; if so, the way this date will be achieved in view of the fact that it is less than 13 months away; and if he will make a statement on the matter. [46779/09]

344. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources the cost of each of the three reports to date regarding the introduction of postal codes here. [46780/09]

345. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources the predicted cost of the roll-out of the introduction of postal codes here; the reason there is a divergence between the initial \50 million estimated for the project and the figure he mentioned recently of \15 million; and the way that costing was calculated. [46781/09]

346. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the cost he will be imposing on An Post with his plans to introduce postal codes here, particularly in terms of having to upgrade and replace recently purchased advanced scanning technology which cannot read post codes. [46783/09]

347. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources the steps he will take when introducing postcodes here to ensure that it does not lead to an increase of junk mail to households. [46784/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 340 and 343 to 347, inclusive, together. The Government has recently approved the implementation of a national postcode system for Ireland as recommended by the National Postcode Project Board. For any developed country, a postcode system is a key piece of national infrastructure that can deliver economic and

652 Questions— 15 December 2009. Written Answers social benefits across the whole economy. The introduction of postcodes will bring opportunities for all players in the postal sector, including An Post, and while there may also be some costs associated with An Post incorporating postcodes into its existing operations, An Post has said it will in principle fully co-operate with implementing postcodes. It has been long-standing Government policy that An Post remains a strong and viable company, in a position to compete in a liberalised market. The Government’s core policy goal for the postal sector is to ensure that Irish customers, both business and residential, enjoy competitively priced, high quality postal services. Following the report of the Postcode Working Group which recommended the introduction of postcodes, the National Postcodes Project Board’s report in 2006 estimated up-front costs of establishing a postcode address database, implementing and promoting the postcode would be in the region of \15 million. This cost is to be met by the Exchequer. The board was assisted in its work by technical and economic consultants, recruited and funded in 2005 by ComReg, at a cost of approximately \479,000. Following a Government decision in May 2007, consultants were asked to review and quantify the public sector benefits of introducing postcodes. This analysis incurred fees of \54,450. The relevant reports are available on my Department’s website at www.dcenr.ie. Finally, on the issue of “junk mail”, I know that the public receives a wide variety of mail from a number of sources, much of which could be regarded as unsolicited mail, including unaddressed mail material, which may be delivered by An Post or other operators. Some media reports suggest that postcodes will result in increased “junk mail” and direct marketing mail. This is not necessarily so. Postcodes will enable more accurately targeted addressed mail and measures already exist to manage the impact of direct mailing. Under the Data Protection Acts, individuals have the right to request that they be removed from any direct mailing lists used by businesses. I have no plans to introduce additional measures in this regard. My officials and I are now working to address the next steps in the postcodes project, including the process of retention of a body to implement the proposed system. It is expected that postcodes will be assigned and in use during 2011.

341. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources if he has had communications with the postal authorities in Northern Ireland in relation to ensuring in the event of him agreeing to proceed with the introduction of the postal code system here, that it is compatible with postal codes in Northern Ireland or compatible with future changes they may be considering; and if he will make a statement on the matter. [46777/09]

342. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources if he has had discussions with his counterpart in the Northern Ireland Assembly or if the issue has been raised at an all-Ireland ministerial level that consideration will be given to an all-island approach to the postal service, with or without postal codes. [46778/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 341 and 342 together. The Government has approved the implementation of a national postcode system for Ireland as recommended by the National Postcode Project Board. This Board was established to look at the costs and benefits of implementing postcodes and to recommend the most appropriate postcode system for Ireland. There have been no discussions with the postal authorities in Northern Ireland with respect to the postcode model chosen. As regards the issue of an all island postal service, the Deputy should note that the 55 cent stamp charged by An Post for delivering single piece mail covers delivery for the whole island of Ireland.

653 Questions— 15 December 2009. Written Answers

[Deputy Eamon Ryan.] My Department is currently preparing legislation to transpose the 3rd EU Postal Directive which provides for full market opening of EU postal services market by 1st January 2011. This legislation will provide for the removal of the reserved area for An Post, meaning that legally there will be no barriers to postal operators offering services on an all-island basis.

Questions Nos. 343 to 347, inclusive, answered with Question No. 340.

Electric Vehicles. 348. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources his views on the emergence of electric cars here; his policy on this issue; and if he will make a statement on the matter. [46787/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government has set a target of 10% of all vehicles to be powered by electricity by 2020 and to that end all relevant Departments and Agencies are working intensively to position Ireland at the forefront of electric vehicle deployment. The Minister for Finance has confirmed in Budget 2010 the Government’s commitment to encourage the increased use of environmentally friendly electric cars and related technology development. To that end the VRT exemption for electric vehicles and the VRT reliefs of up to \2,500 for plug-in hybrid vehicles are being extended until end 2012. The Government will also provide support to offset the initial battery costs for electric vehicles. The Inter Departmental/Inter Agency Taskforce chaired by my Department is working on the costed options and timeframes for putting in place the necessary infrastructure and other arrangements for the cost effective deployment of electric vehicles on a national basis. ESB Networks is already developing a programme for infrastructure roll out with the first installations due in 6 months. Global developments will be factored in as the technologies mature. In addition to the Memorandum of Understanding on vehicle deployment already agreed with Renault and Nissan, Memoranda of Understanding are being developed with other car manufacturers. It is increasingly clear that the electrification of transport will accelerate over the coming years with positive impacts in terms of reducing transport related emissions and security of energy supply. In that context I have welcomed the commitment of the incoming Spanish Presidency of the EU, to include electric vehicles among its priorities and will be working with my EU colleagues to progress that agenda next year.

Electricity Generation. 349. Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural Resources, further to Parliamentary Question No. 1074 of 16 September 2009, when a report by a company (details supplied) will be published, made available to Dáil Deputies and brought into the public domain; and if he will make a statement on the matter. [46941/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I understand that the TEPCO (Tokyo Electric Power Company) report is currently being finalised. EirGrid expects that the report will be completed and published very shortly and I can confirm that it will be made available by EirGrid to the Deputy and to any other Members of the Oireachtas who wish to receive a copy, as well as being published alongside other reports on the EirGrid website.

Natural Gas Grid. 350. Deputy Tom Hayes asked the Minister for Communications, Energy and Natural

654 Questions— 15 December 2009. Written Answers

Resources the position regarding his plans for connection of gas for a town (details supplied) in County Tipperary; and if he will make a statement on the matter. [46986/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The development and operation of the natural gas network is, in the first instance, a matter for Gaslink, a subsidiary of Bord Gáis Éireann, which as the gas transmission system operator, is mandated under Section 8 of the Gas Act 1976, as amended, to develop and maintain a system for the supply of natural gas that is both economical and efficient. The Commission for Energy Regulation (CER) has, since 2002, had statutory responsibility for all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State under the Gas (Interim) (Regulation) Act 2002. I have no direct statutory function in relation to the connection of towns to the gas network. In 2006, the CER approved a new networks connections policy, which created the opportunity to reassess the feasibility of connecting certain towns to the gas network. In order for any town to be connected to the gas network, certain economic criteria need to be satisfied as a prerequisite. This is to ensure that over a certain period, the costs of connecting the town to the network are recouped through the actual consumption of gas and the associated tariffs. CER allows for the appraisal of a town either on its own or as part of a regional group of towns. Exchequer funding is not provided for the roll-out of new towns connections. Gaslink has carried out Phase 3 of a comprehensive assessment of towns not already connected to the national gas network. I am advised that Tipperary town is included in a total of 42 towns examined as part of Phase 3 of this assessment, which has been completed. Gaslink has submitted its Phase 3 report to the CER and I am advised that the CER’s review of the report has been finalised, and will be published thereafter. The report will outline which towns or groups of towns would be economically viable for connection, within the revised connection policy criteria.

Broadcasting Services. 351. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the implications for community television when RTÉ goes digital; and if he will make a statement on the matter. [47169/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The RTÉ NL network operates from about 140 sites throughout the country providing coverage of RTÉ to about 98% of the population. In addition, in remote areas, there are small local community sites which re-broadcast the RTÉ services and which are operated by local communities. Many of these sites would have originally been set up with the assistance of RTÉ and were then taken over and operated locally. This is an operational matter for RTÉ and is outside the remit of my Department.

Grant Payments. 352. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if the single farm payment, area based payment and the REP scheme payment will be awarded in respect of a person (details supplied) in County Leitrim; and if he will make a statement on the matter. [46582/09]

The Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application in respect of the 2009 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 7 May 2009. Processing of the application revealed that a number of the land parcels declared by the person named had also been claimed by other scheme applicants. In keeping with standard processing procedures, all parties were written to and asked to clarify

655 Questions— 15 December 2009. Written Answers

[Deputy Brendan Smith.] the position regarding their entitlement to claim the parcels in question. In addition, an official of my Department has been in direct contact with the agricultural advisor of the person named, who is working for and on behalf of the person named, with a view to reaching an early resolution of the matter. However, until such time as the person named, or his agricultural advisor, reverts to my Department, it is not possible to indicate precisely what the outcome might be.

Food Labelling. 353. Deputy Rory O’Hanlon asked the Minister for Agriculture, Fisheries and Food the plans for labelling country of origin on agricultural produce here or at European Union level; and if he will make a statement on the matter. [46606/09]

The Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Minister for Health & Children has overall responsibility for the general food labelling legislation. Responsi- bility for the enforcement of this legislation rests with the Food Safety Authority of Ireland (F.S.A.I.). This is done through service contracts with other relevant agencies, including the Health Service Executive, the Local Authority Veterinary Service and my Department. My Department had taken steps to try to introduce origin labelling for meats other than beef, which is already subject to specific legislation since September 2000. In conjunction with the Department of Health and Children my Department drafted regulations that would require the country of origin to be indicated on pigmeat, poultry and sheepmeat. This was notified to the EU Commission in December 2007 as required by legislation. The Commission was not prepared to adopt the draft regulations in their present format on the grounds that the proposed legislation is not in compliance with EU food labelling regulations. The Commission’s main contention is that only harmonised rules with EU-wide applicability may be applied to food labelling other than in exceptional circumstances. Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. The European Commission is currently undertaking a major review of all food labelling legislation. In this context the Commission has prepared draft revised labelling regulations, which were discussed at Council Working Party level in Brussels on 8 December. The Department of Health and Children represented Ireland at these meetings and I understand that the next meeting is scheduled for 11th January 2010. Products carrying the Bord Bia quality assurance label provide consumers with assurance on product origin.

Grant Payments. 354. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when area aid, REPS 4 and single farm payments will be awarded in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [46627/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application in respect of the 2009 Single Payment Scheme received from the person named on 6 May 2009 has been fully processed, and payment due under the scheme will issue shortly. My officials are about to complete the initial administrative processing of REPS 4 applications and I hope to be in a position to start making payments on valid applications later this week.

355. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if, further to previous parliamentary questions, the case of a person (details supplied) in County Kilkenny will be examined by a deciding officer of his Department in view of the fact that they

656 Questions— 15 December 2009. Written Answers claim that they are actively farming the 92 acres for the past 12 years approximately and have stock on the land; and if the matter will be expedited. [46629/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Deputy is aware of the background to this case following replies to previous Questions on the matter. The person named established 24.47 entitlements under the Single Payment Scheme, but these entitlements reverted to the National Reserve, as the person named did not submit an application under the 2005 Single Payment Scheme. A subsequent appeal of this decision to my Department’s Agriculture Appeals Committee proved unsuccessful. The person named then appealed to the Agriculture Appeals Office and, during an oral hearing, undertook to furnish my Department with medical evidence in support of his claim for force majeure in 2005. The medical evidence, which was subsequently furnished to my Department on 21 August 2009, was deemed to confirm the claim of the person named for force majeure, on foot of which the 2005 application form, submitted by the person named to my Department on 26 August 2009, was accepted. However, as the person named had not included a map of the land declared on the application, a letter, requesting an appropriate map, issued on 28 August 2009. The person named lodged the map in question with my Department on 11 September 2009. Following initial processing, it transpired that some of the land being claimed by the person named had also been claimed by another scheme applicant under the 2005 Scheme. It is necessary, therefore, to establish who had use of the land and, in this regard, both parties were written to in order to clarify the matter. I can confirm that, in the interim, payment has issued to the person named in respect of that portion of the land included in his application not under dispute.

Decentralisation Programme. 356. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food his policy regarding the closure and decentralisation of his Department’s offices in Cork; and if he will make a statement on the matter. [46639/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): On 15 July, the Government approved my plan for a reorganisation of my Department’s Local Office Network. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. The decision to close some forty offices of the Department was made only after a detailed study of the Department’s operations at local level. Decisions were made in relation to the overall strategy and against a background of major changes in the Department’s operating environment in recent years brought about by the impact of the Single Farm Payment, benefits derived from substantial investment in Information Communications Technology and significant reductions in the incidence of disease. Insofar as County Cork is concerned, the Mallow AES and South Mall AES/DVO offices will be closed and the work transferred to a new office to be located in Fermoy. The Office of Public Works is in discussions in relation to this accommodation and staff will be advised as soon as a final decision has been made.

EU Directives. 357. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 115 of 24 September 2009, the funds provided by the EU regarding the establishment of Natura 2000 sites; the breakdown of the funding between REP scheme

657 Questions— 15 December 2009. Written Answers

[Deputy Denis Naughten.] and non-REP scheme farmers; the funding available to non-REP scheme farmers up to 2013; and if he will make a statement on the matter. [46683/09]

370. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No 115 of 24 September 2009, the way provision is to be made for participants in REPS 3 with land designated under a Natura 2000 site if REPS 4 is closed to them; and if he will make a statement on the matter. [47151/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 357 and 370 together. Under the rural development programme 2007-2013 (RDP) EU funding amounting to \220m was allocated for designated Natura 2000 sites. This amount is co-funded by national exchequer funding at the rate of 45%. To avail of this funding a beneficiary was required to be actively farming a designated Natura 2000 site and participating in the rural environmental protection scheme (REPS 4). In July 2009 the REPS 4 scheme, including Natura, was closed to new applicants, but payments under this scheme will continue until the end of the current programme and existing beneficiaries will continue to receive their individual payments until their contracts expire. A Natura 2000 measure with an indicative allocation of \12m is proposed under the revised RDP and will be funded from the modulated and European Economic Recovery Plan funds. This will complement the proposed new agri environment scheme which will also be funded by modulation and European Economic Recovery Plan funds. The Natura 2000 measure will be open to all farmers including those whose REPS contracts have concluded. Both proposed new measures await approval by the EU Commission.

Afforestation Programme. 358. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the number of hectares of forestry planted here for each of the past 15 years; the number of hectares that will be planted in 2010; if he is satisfied that enough is being done to encourage and promote forestry; and if he will make a statement on the matter. [46702/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The area planted under the Afforestation Programme for each year from 1994 to 2009 is as follows:

Year Area (Ha) Year Area (Ha)

1994 19,459 2002 15,054 1995 23,710 2003 9,097 1996 20,981 2004 9,739 1997 11,434 2005 10,096 1998 12,928 2006 8,037 1999 12,668 2007 6,947 2000 15,695 2008 6,248 2001 15,464 2009 6,500 (Estimate)

The increased allocation for forestry in the 2010 Budget will facilitate a higher level of planting, in the region of 7,000 hectares, in 2010. My Department promotes the planting of new forests through a range of attractive support measures — the Afforestation Grant Scheme, the Forest Environment Protection Scheme and the Native Woodland Scheme. These schemes provide 100% establishment grants and annual premiums for up to 20 years. In addition, my Depart- 658 Questions— 15 December 2009. Written Answers ment also provides supports towards the provision of forest infrastructure such as harvesting and management roads, along with grants to encourage forest owners to actively manage their forests and improve the quality of the final crop. The increased budget allocation for forestry in 2010, at a time when many other expenditure programmes are being reduced, is evidence of the Government’s continued commitment to forestry.

Grant Payments. 359. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when will a person (details supplied) in County Mayo receive a decision in respect of their area aid application; and if he will make a statement on the matter. [46710/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on 14 May 2009, in respect of 1.80 hectares, a parcel of 12.80 hectares having been deleted from the application by the person named. An advance payment issued on 19 October 2009 and the balancing payment will issue shortly. As the area declared is less than the 3 hectares minimum required to qualify for payment under the Disadvantaged Areas Scheme, no payment is due to the person named under that scheme.

Rural Environment Protection Scheme. 360. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the percentage of REPS 4 applications year one and year two from County Mayo on which all administrative checks have been completed; his plans to expedite this process; and if he will make a statement on the matter. [46711/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My officials are about to complete the initial administrative processing of REPS 4 applications, and I hope to be in a position to start releasing payments on valid applications later this week.

Grant Payments. 361. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded their REPS 4 payment.. [46712/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An issue has arisen during the processing of the REPS 4 application from the person named. Processing of the application cannot be completed until these have been resolved. My officials will be in contact with her shortly.

362. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Sligo will be awarded the second payment under the farm waste management scheme grant; and if he will make a statement on the matter. [46741/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. In the case of the second instalment of 40 per cent, I have recently announced that I intend to commence payment in December 2009 with the remainder of farmers being paid in early 2010. The final instalment of 20 per cent will be paid in January 2011. I have also announced that a special ex- gratia payment not exceeding 3.5 per cent of the value of the deferred amount will be made to

659 Questions— 15 December 2009. Written Answers

[Deputy Brendan Smith.] farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

Registration of Herd Numbers. 363. Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 393 of 26 May 2009, if a person (details supplied) in County Louth was the registered owner of a herd number prior to 1989; and if so, the process undertaken to transfer the herd number to another person. [46752/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): As already notified to the legal representative of the first named person under the Freedom of Information Act, the documentation relating to the registration details of the herd number in question and the transfer of the herd number into the name of the second named person cannot be located. However, there is no record of any payments being made at any time to the first named person under various schemes administered by my Department. The herd number system is an administrative arrangement under the disease eradication scheme and is designed primarily to assist in disease control. Assigning an individual to the role of “herdowner” does not confer a legal title to any lands or animals relating to the herd number.

Forest Lands. 364. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the reason for introducing Statutory Instrument No. 151 of 2009; if there was consultation with users and traditional stakeholders of Coillte lands before introducing these regulations; if these regulations apply to lands managed by Coillte in partnership with private landowners; and if he will make a statement on the matter. [46761/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I made the Forestry Act 1988 (Section 37) (Coillte Teoranta) Bye-Laws 2009 [Statutory Instrument No. 151 of 2009] on foot of a request from Coillte under Section 37 of the Forestry Act 1988. Coillte requested the making of the bye-laws to assist the company in controlling unauthorized activities on Coillte property, examples of which included indiscriminate illegal dumping of domestic and commercial waste, damage to security barriers and property and inappropriate operation of All Terrain Vehicles such as quad bikes and motorbike scrambling. The company operates an Open Forest Policy, whereby the general public are permitted and welcome to use forest lands for non-commercial, informal and recreational purposes. In 2004 Coillte undertook a major review of its recreation policy in consultation with stakeholders, including NGOs, Local Authorities, state agencies, etc.; 170 of whom responded to an invitation to contribute to the review. The Bye-Laws apply to those Coillte lands in respect of which a Notice of Application of Bye-Laws has been posted in a visible location where the public might reasonably gain entrance to those lands (Bye-Law 3); “Coillte lands” are defined in these Bye- Laws as meaning lands owned, managed or used by Coillte (Bye-Law 2).

Departmental Investigations. 365. Deputy Mary Alexandra White asked the Minister for Agriculture, Fisheries and Food if a report into the problems on a north Kilkenny farm (details supplied) has been peer reviewed by independent scientists; and if he will make a statement on the matter. [46807/09]

660 Questions— 15 December 2009. Written Answers

366. Deputy Mary Alexandra White asked the Minister for Agriculture, Fisheries and Food his plans to have the report into the problems on a north Kilkenny farm (details supplied) peer reviewed by independent scientists in advance of publication of the report. [46808/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 365 and 366 together. A peer review has recently been completed on the report on the farm in question. A number of independent expert opinions have been used in compiling the report, which was produced under the Interagency Protocol for the investigation of potential environmental issues. Under this protocol other state agencies are kept advised, consulted and asked for peer opinions before a report such as this is finalised. In the case of this investigation the appropriate agencies were the EPA, Teagasc, the HSE and Kilkenny County Council. I expect that the Report will be released shortly.

Foreshore Licences. 367. Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food the position regarding an application for a foreshore lease or licence (details supplied) in County Cork; and if he will make a statement on the matter. [46940/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application for a foreshore lease was received from Maulbawn Ltd in January 2009 to carry out reclamation works for the installation of a 261 berth marina, plus three foul/surface drainage pipes at Passage West, Cork Harbour. This was circulated to my Department’s consultees in the normal manner. Further information was requested by the Marine Survey Office of the Department of Transport and by the Department of Environment, Heritage and Local Government. These requests for further information were communicated to the applicant and responses are awaited. The applicant has also claimed ownership of some of the area in which the proposed development will be carried out. My Department has requested proof of title from the company and this is awaited. In addition the planning permission granted by Cork County Council has been appealed to An Bord Pleanála and my Department is awaiting its decision.

Grant Payments. 368. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the area based payment and single farm payment have not been awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [46956/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Single Payment Scheme was received from the person named on 15 May 2009. Follow- ing initial processing, the application was found to be incomplete, which necessitated writing to the person named. The issue was subsequently resolved, which allowed payment due under the scheme to issue on 1 December 2009. Payment under the Disadvantaged Areas Scheme had earlier issued directly to the person named on 22 September 2009.

369. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if the single farm payment for 2009 has been awarded to a person (details supplied) in County Galway; the amount of area based payment paid to this person and the amount of REPS paid to date; and if he will make a statement on the matter. [46957/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person

661 Questions— 15 December 2009. Written Answers

[Deputy Brendan Smith.] named on 15 May 2009. The 70% advance payment (\9,435.09) under the Single Payment Scheme issued on 9 October 2009 and the 30% balancing payment (\4,322.17) issued on 1 December 2009. Payment of \2,257.68 under the Disadvantaged Areas Scheme issued directly to the person named on 22 September 2009. The person named has received \38,027.62 in REPS payments to date and has submitted a 2009 REPS 4 payment application. My officials are about to complete the initial administrative processing of REPS 4 and I hope to be in a position to start releasing payments on valid applications later this week.

Question No. 370 answered with Question No. 357.

Proposed Legislation. 371. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 189 of 18 June 2009, when he intends to publish the Animal Health and Welfare Bill; and if he will make a statement on the matter. [47163/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Drafting of the Ani- mal Health and Welfare Bill, which gives effect to commitments in the area of animal health and welfare contained in the Programme for Government and the renewed Programme for Government is ongoing in my Department. The legislation will amend and consolidate previous legislation in the area of animal health, particularly to reflect the changed disease status of our animals and will update existing legislation, to ensure that the welfare of all animals, including non-farm animals, is properly protected and penalties for offenders are increased significantly. The proposed legislation will also provide for the consolidation of responsibility for the welfare of all animals within my Department. Drafting of the bill is now continuing taking account of the comments received following the consultation process initiated on the draft Bill, together with the animal welfare commitments re-affirmed in the renewed Programme for Government.

Schools Building Projects. 372. Deputy Mary Wallace asked the Minister for Education and Science the position regarding the planning, design and building of a school (details supplied) in County Meath; if he is in a position to appoint a design team to enable this school to proceed to the next stage; and if he will make a statement on the matter. [46561/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the deputy refers, was included in the list of 25 major school building projects which I announced on the 12 of February last to enter into architectural planning. Officials in my Department are currently assessing the most appropriate construction model for this project. I anticipate that my officials will be in contact with the school authorities shortly.

Higher Education Grants. 373. Deputy Thomas Byrne asked the Minister for Education and Science the decision reached on an application for a third level grant in respect of a person (details supplied) in County Meath. [46575/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the

662 Questions— 15 December 2009. Written Answers relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Schools Building Projects. 374. Deputy Seán Barrett asked the Minister for Education and Science the position regarding the construction of a replacement second-level school in south County Dublin (details supplied); the date that construction will commence; and if he will make a statement on the matter. [46586/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project for the school referred to by the Deputy has been approved to progress to tender and construction and is currently at stage 2a of architectural planning. In late April, the Department issued detailed comments on the stage 2a submission (developed sketch design) and requested additional information from the design team relating to the project. This was received in June and reviewed by the Department’s Technical staff and further detailed comments issued in September. The Design Team were requested to consider and respond to each of the comments listed. The Design Team’s response was received at the end of October and is currently being considered. My Department will be in contact with the school authority and the design team when this consideration has been completed.

Summer Works Scheme. 375. Deputy Joe Carey asked the Minister for Education and Science when a school (details supplied) in County Clare will expect sanction under the summer works scheme; and if he will make a statement on the matter. [46588/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The closing date for the receipt of applications under the summer works scheme 2010 was 27 November 2009. Following an assessment process, projects will be selected for funding from all valid and approved applications on a top down basis, in accordance with the prioritisation criteria published with the scheme. In keeping with the timetable published with the governing circular letter, I expect to be in a position to publish the list of successful applicants in March 2010.

Schools Building Projects. 376. Deputy Deirdre Clune asked the Minister for Education and Science when a school (details supplied) in County Cork will proceed; and if he will make a statement on the matter. [46591/09]

381. Deputy Michael McGrath asked the Minister for Education and Science the recent progress made regarding a school project (details supplied) in County Cork; and if he will make a statement on the matter. [46681/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 376 and 381 together.

663 Questions— 15 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

The project to which the Deputies refer is at an early stage of architectural planning. Officials from my Department recently visited the school and discussed the project with representatives from the school and the design team. Following the meeting, it was agreed that the design team would proceed to submit proposals for an appropriate design solution for the school. The progression of this project, from initial design stage through to construction phase, will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Site Acquisitions. 377. Deputy Brian Hayes asked the Minister for Education and Science his efforts to provide a permanent location for a school (details supplied) in Dublin 7; the contact he has had with Dublin City Council and other bodies regarding this issue; and if he will make a statement on the matter. [46598/09]

379. Deputy Maureen O’Sullivan asked the Minister for Education and Science if he will provide funding to a school (details supplied) in Dublin 7 to build the overdue building. [46653/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 377 and 379 together. My Department has held a series of meetings in recent months with the City Council and the local GAA club in relation to the possibility of leasing local authority lands that are currently leased by the GAA Club. In July 2009, the response of the City Council to the Depart- ment’s proposed design of the new school building was forwarded to the GAA club summaris- ing the views of the local authority. A meeting has been scheduled with the GAA club to discuss this matter.

Higher Education Grants. 378. Deputy Olivia Mitchell asked the Minister for Education and Science if a direction was given to local authorities regarding fee scholarships as income, which has rendered many PhD students ineligible for the local authority grant; if he will review this in the case of students who have already started their degree in view of the fact that the subsequent hardship may force them to drop out of their courses; and if he will make a statement on the matter. [46638/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to refer to clause 2.2 and 2.3 of the Higher Education Grants Scheme 2009 and Clause 2.1 and 2.2 of the Vocational Education Committees’ Scholarship Scheme 2009. Clause 2.2 states:

2.2 A candidate shall not be eligible to hold a grant under this Scheme if he/she holds:

(i) a scholarship/grant awarded by another Local Authority, a Vocational Education Committee or the Department of Education and Science, or

(ii) any other award payable from public funds, or

(iii) the equivalent of (i) or (ii) from another E.U. Member State.

664 Questions— 15 December 2009. Written Answers

The provisions at (ii) or (iii) do not include awards such as scholarships, prizes or bursaries, made by the institution being attended or postgraduate research grants where the grant received does not exceed a specified amount, which for the 2009-10 academic year, is specified to be \16,000. In addition, the provision at (ii) does not include awards to candidates under the Student Assistance Fund, the Millennium Partnership Fund and the Fund for Students with Disabilities. Clause 2.3 states:

2.3 Notwithstanding clause 2.2 above holders of the following scholarships, if eligible, may also hold a maintenance grant:

• Easter Week Scholarship Holders

• Donagh O’Malley Scholarship Holders

• All Ireland Scholarship Holders

• Science Foundation Ireland/Dell Scholarship for Young Women in Engineering. Under these clauses, the full value of the award to the student, from public funds, is taken into consideration. Such awards may include two elements: one in respect of fees — either an amount towards the cost of fees or a fee waiver — and, the second, a stipend paid directly to the student for living costs. Where the full value of the award does not exceed the limit specified in the schemes, the student may also be approved for funding under the student grant schemes subject to the terms and conditions of the scheme.

Question No. 379 answered with Question No. 377.

380. Deputy Billy Timmins asked the Minister for Education and Science the position regarding the case of a person (details supplied); and if he will make a statement on the matter. [46675/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The statutory framework for the maintenance grants scheme, as set out in the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, provides for means-tested higher education grants in order to assist students to attend full-time third level education. The position is that the Third Level Student Support Schemes operated under my Department do not extend to postgraduate study outside of Ireland. The student support schemes were extended to provide maintenance grants to eligible students pursuing certain full-time undergraduate courses of at least two years duration in another EU Member State, with effect from the 1996/97 academic year. The extension of the schemes at that time did not include courses at postgraduate level. There are no plans at present to extend the current arrangements to provide for students pursuing post-graduate courses outside Ireland. Any such extension could only be considered in the light of available resources and other competing demands within the education sector. However, Section 21 of the Finance Act 2000 provides for the introduction of tax relief for postgraduate fees paid in publicly funded colleges here and in other EU Member States as well as in private colleges in this state. This relief, which applies at the standard rate of tax, is available to full time and part time postgraduate students and includes distance education courses offered by publicly funded colleges in other EU Member States. Further details on claiming this relief are available from local tax offices or on Revenue’s website, www.revenue.ie.

Question No. 381 answered with Question No. 376.

665 Questions— 15 December 2009. Written Answers

382. Deputy Seán Sherlock asked the Minister for Education and Science the average waiting times for the processing of the third level grants available; and if he will make a statement on the matter. [46694/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The process of assessing eligibility for third level or further education grants is a matter for the relevant Local Authority or VEC. Both VECs and local authorities are experiencing pressures due to the increased workload associated with the increased demand for the schemes, particularly in the context of the recruitment moratorium in the public sector which, in some instances, is affecting the processing of grants. However, every effort is being made by these bodies to ensure that students get decisions on their grant applications and are paid as soon as possible. The average waiting time for the processing of grant applications varies between the 66 awarding bodies depending on a number of variables including the volume of applications received, staffing resources and whether or not completed application forms have been received. This information is not available at present, but will be collected as part of the Depart- ment’s January survey of grant applications in the VECs and local authorities.

School Accommodation. 383. Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied). [46708/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school premises to which the Deputy refers was retained for educational use after the school closed in 2007 with City of Dublin VEC, as the anchor tenant for the premises. The VEC was charged with ascertaining and regularising the status of any arrangements which were in place with third-parties at the time for the use of some parts of the building. The VEC is providing further education courses for the local community and St. Michael’s House Special School will provide education for children with autism. This special school has opened in temporary accommodation pending completion of extensive refurbishment works and will transfer as soon as these works are completed. The works required to enable this provision are being co-ordinated by the VEC in collaboration with the special school. Part of the building will meet the administration requirements of the National and Regional Offices of the Skillvec Project. Courses offered in the school include Performing Arts, Business, Sports Science, Fashion Design and Special Needs. The Business provision includes a two-year VTOS course in Business, Computers and Languages. One of the classrooms is set aside as a Training Room for delivering Learning at Work and Upskilling Courses, including courses on Building Energy Ratings, Solar Panel Installation, Personal Development, Effectiveness in the Workplace, Communications and IT.

Residential Institutions Redress Scheme. 384. Deputy Ruairí Quinn asked the Minister for Education and Science the amount of moneys paid in compensation payments and legal fees in respect of claims made to the Residen- tial Institutions Redress Board; the final cost in terms of compensation payments and legal fees; the amount paid to outside companies or agencies in respect of the administration of the scheme; the company or agency in each case and the amount paid; and if he will make a statement on the matter. [46725/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to advise the Deputy that the total paid in Redress Board Awards from inception to the end of November is

666 Questions— 15 December 2009. Written Answers

\800,749,870. The total third party legal costs associated with these awards and including the costs for those applicants who took High Court actions is \148,506,089. A detailed breakdown of other expenditure of the Board including the amount in legal fees of counsel employed by the Board and other legally related services is attached. At this point overall anticipated expenditure associated with the Redress Board is estimated at up to \1.1 billion. This estimate is tentative given that the Board is still in the process of making awards and the level of award in these remaining cases may vary substantially.

Expenditure from inception to 15-12-09

Category Totals

Advertising 899,367.02 Stenography Services 841,719.28 Phones (Service) 249,824.73 Phones (Equipment) 13,768.67 Postage 496,144.00 Postage — Rental & Services 26,006.27 Computer Hardware/Software 184,426.22 Computer Support Services 431,064.16 Photocopying 72,890.67 Office Machinery 50,835.10 Heat, Power & Light 128,039.39 Contract Cleaning 161,518.46 Office Supplies 272,739.53 Printing 66,906.68 Furniture & Fittings 214,688.03 Travel & Subsistence 622,747.66 Taxi/Courier Service 187,568.61 Vending Machine & Water Supplies 67,538.60 Maintenance 58,573.00 Hotel Room Hire 131,692.98 Medical Fees* 1,502,352.00 Legal Fees** 10,186,550.99 Advice as to Financial Management of the Award 613,352.00 Administrative Salaries 8,638,123.50 Board Members Fees 8,599,598.61 Training 79,928.75 Publications 13,153.55 Security 633,637.46 Board Catering 172,907.60 Agency Staff 581,026.52 Miscellaneous 264,509.24

Total 36,463,199.28 *These fees are for medical reports prepared by doctors appointed by the Board under section 11 of The Residen- tial Institutions Redress Act 2002. **These fees relate to Counsel employed by the Board and other legally related services.

667 Questions— 15 December 2009. Written Answers

Student Support Schemes. 385. Deputy Paul Kehoe asked the Minister for Education and Science when a decision will be made on an application for a grant in respect of a person (details supplied). [46729/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The organisation and management of student support schemes grants is a matter for individual Vocational Educational Committees and Local Authorities. These bodies seek to ensure that students get decisions on their grant applications and are paid as soon as possible. The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Third Level Fees. 386. Deputy Ruairí Quinn asked the Minister for Education and Science if his attention has been drawn to the fact that a university (details supplied) has increased the cost of postgraduate research fees from September 2010 to the extent that students who are in their fourth year of research will have to pay the same level of fees as in the initial three years; if his further attention has been drawn to the long-standing tradition of reducing fees for research students after their third year; if he will direct the Higher Education Authority to examine this matter; and if he will make a statement on the matter. [46732/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, in the context of discussion with my Department regarding overall funding and proposals for fee changes at a sectoral level, third level institutions are autonomous bodies and may determine the level of fees to be charged in cases where the Free Fees Schemes do not apply. As such, post-graduate level fees are set by individual higher education institutions. In the 2009/10 academic year, PhD fees at University College Dublin for the first three years of studies are \5,200 per annum for Humanities and Social Sciences disciplines and \5,800 per annum for Science and Engineering disciplines. UCD had a historical practice of reducing the fees after the third year to half the standard fee. This was on the basis that the traditional PhD was normally expected to be completed within 3 years, while acknowledging that students may require additional time to complete their thesis. The traditional PhD model is changing and institutions in Ireland are now moving to a structured 4-year programme model. The PhD thesis will remain the primary focus but students will also receive generic and transferable skills training. This is in line with trends internationally. As part of its structured PhD programmes, UCD provides taught modules, online modules and workshops covering a wide range of transferable skills, including project management, time management, team working and communication skills. UCD reviewed its fee structures in 2007 and determined that the full fee should apply to all years of the PhD as a result of this shift to 4 year programmes. It was initially intended that this would be effective from

668 Questions— 15 December 2009. Written Answers the 2009/10 academic year, however, this was postponed until the 2010/11 academic year to ensure students were given adequate notice.

School Curriculum. 387. Deputy Seán Sherlock asked the Minister for Education and Science if a person (details supplied) in County Cork must participate in Irish classes in second level education; and if he will make a statement on the matter. [46747/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As part of both the primary and second level school curriculum Irish is a compulsory subject. The second-level programme in Irish has the capacity to cater for a wide diversity of ability. The programme currently includes a Foundation level Irish syllabus, which is specifically designed for those pupils who are experiencing difficulty with the subject. Under certain circumstances, school management in State funded recognised schools may grant an individual an exemption from the study of Irish. The criteria used by school management in their determination of an individual application for an exemption at a second level school are set out in Department Circular M10/94. The same criteria apply at primary level schools and are set out in Departmental Circular 12/96. Exemptions granted within the stated criteria to a student in a State funded primary school will be carried forward to their second level school. With regard to the particular case referred to by the Deputy, the position is that if the school concerned determined that the student in question did not satisfy the requirements of the circular, the advice of the Inspectorate of my Department may be sought on this case, by forwarding to Schools’ Division, Cornamaddy, Athlone, Co. Westmeath all of the evidence submitted by the student’s parents and all supporting documentation from the current school.

Schools Building Projects. 388. Deputy Bobby Aylward asked the Minister for Education and Science if he will increase the grant approved to the board of management of a school (details supplied) in County Kilkenny towards the cost of building a hall in view of the fact that the amount of grant approved and fund-raising locally will not meet the cost of this project. [46769/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The School to which the Deputy refers made two applications to the Department in the 2008. The first application, in February 2008, was for large scale capital funding to provide a classroom, a resource room, a GP room and ancillary facilities. The application was assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2.4 rating. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. The second application, in March 2008, was in respect of additional accommodation for a Resource room. The application was assessed and an all in devolved grant for \60,000.00 was approved. My Department has since learned that the school proceeded with a project involving work over and above that approved, leading to additional costs. As the Deputy will be aware, it is not the policy of my Department to provide retrospective funding to schools for work which was carried out without prior approval. A letter to this effect issued recently to the school.

669 Questions— 15 December 2009. Written Answers

Special Educational Needs. 389. Deputy Pat Breen asked the Minister for Education and Science the reason a person (details supplied) has not been facilitated; and if he will make a statement on the matter. [46801/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the home tuition scheme provides funding to parents to facilitate tuition for children of school going age awaiting an educational placement and also to provide early educational intervention for pre-school children with autism where no educational placement is available. I wish first of all to advise the Deputy that the tuition grant for the child in question has not been cut back. The position is that a number of educational placements have recently become available in a nearby school. The child’s parents were aware that these placements would become available in November 2009 and were advised by my Department in September to remain in contact with their SENO in relation to securing one of these placements. Funding has been sanctioned to the 22nd of December 2009 to allow for transitional arrangements.

Ministerial Appointments. 390. Deputy Brian Hayes asked the Minister for Education and Science his nominees to State and semi-State bodies since his appointment; the qualification of each successful nominee; the income for each nominee from each board; the number of unfilled vacancies; and if he will make a statement on the matter. [46804/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The information sought is currently being compiled and will be forwarded to the Deputy as soon as possible.

Special Educational Needs. 391. Deputy Pat Breen asked the Minister for Education and Science his plans for the provision of services for autistic children; if he will continue grant aiding children who are attending facilities as in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [46817/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the home tuition scheme provides funding to parents to facilitate tuition for children of school going age awaiting an educational placement and also to provide early educational intervention for pre-school children with autism where no educational placement is available. The position is that a number of educational placements have recently become available in a nearby school. The child’s parents were aware that these placements would become available in November 2009 and were advised by my Department in September to remain in contact with their SENO in relation to securing one of these placements. Funding has been sanctioned to the 22nd of December 2009 to allow for transitional arrangements.

392. Deputy Mary O’Rourke asked the Minister for Education and Science if he will review the case of a person (details supplied) who has received notification from the national educational services that they are dyslexic and eligible for a laptop computer from his Department to support their educational development. [46905/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENO) for allocating resource teachers and special needs assistants to schools to support children with special needs. SENOs also make recom-

670 Questions— 15 December 2009. Written Answers mendations to my Department where assistive technology is required. The NCSE operates within my Department’s criteria in allocating such support. My Department has no record of receiving a recommendation for a laptop for the child in question. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

Schools Building Projects. 393. Deputy John Deasy asked the Minister for Education and Science the projects in Waterford city, Dungarvan and the remainder of County Waterford that are currently out to tender; the deadline for receipt of tenders; the period for assessment of tenders received and awarding of contracts; when construction will commence in each case; the estimated duration of the construction; and if he will make a statement on the matter. [46911/09]

Minister for Education and Science (Deputy Batt O’Keeffe): There are four primary school projects in County Waterford currently on the construction programme. They are: 1. Holy Cross School, Ballycarnane, Tramore (new school), 2. Bunscoil Bhothar na Naomh, Lismore (extension), 3. Campus Project at Carrickphierish (new schools for Gaelscoil na Deise and Waterford Educate Together NS incorporating enhanced facilities for shared community use). All four projects are currently out to tender. Each stage of this process will be completed as quickly as possible. It is expected that all four projects will commence construction in the first quarter of 2010. The construction period will be finalised upon award of each contract. For a new primary school, the construction period averages from 12 to 18 months, depending on project scale and complexity. Details of the requirements of the Tender Action and Award Process, including time standstill constrictions etc, are set out in the Department’s Design Team Procedures, which is available on the Department’s website at www.education.ie.

394. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 173 of the 19 November 2009, when a decision will issue to a school (details supplied) in County Clare; and if he will make a statement on the matter. [46927/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, the school to which he refers has made an application to my Department for Major Capital funding for an extension including ancillary accommodation. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an

671 Questions— 15 December 2009. Written Answers

[Deputy Batt O’Keeffe.] indicative timeframe for the progression of the project at this time. In the meantime, the school was recently approved for funding for the provision of additional accommodation for one Mainstream Classroom. Recently, the school requested the Department to review their band rating under the prioritisation criteria. This is being considered and a letter regarding this matter will issue directly to the school authority in due course.

395. Deputy Mary O’Rourke asked the Minister for Education and Science the position regarding the planning process and construction plans for a school (details supplied) in County Westmeath. [46943/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the school to which the Deputy refers is currently at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

396. Deputy Ruairí Quinn asked the Minister for Education and Science the number of applications for the school building programme that have not received or are still awaiting planning permission; the name, address and roll number of each school; and if he will make a statement on the matter. [46944/09]

397. Deputy Ruairí Quinn asked the Minister for Education and Science the number of applications for the school building programme which have received full planning permission but have yet to proceed to stage four and commence construction; the name, address and roll number of each school; and if he will make a statement on the matter. [46945/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 396 and 397 together. An application for Planning Permission forms part of stage 2(b) of the architectural planning process. The information requested by the Deputy in respect of planning permission for those projects in architectural planning is contained in the attached tabular statement. In addition, there are almost 1200 applications for major capital works listed on my Department’s web-site. As these have not yet commenced the architectural planning process, none of these applications would have yet reached the stage of applying for planning permission.

Roll Number and School Name County Planning Permission Received

17501Q (S N Beann Na Gcaorach) Carlow Yes 18363M (S N Muire Gan Smal) Carlow Yes 17127S (St Josephs Ns), Hacketstown Carlow Yes 11135K (St Marys N S) Carlow No 70420R (Carlow Vocational School) Carlow No 06998Q (S N Tulach A Mhile) Cavan Yes 61060M (St Patrick’s College) Cavan Yes 19439B (Holy Family S S) Cavan No

672 Questions— 15 December 2009. Written Answers

Roll Number and School Name County Planning Permission Received

18857O (S N Carraig A Bruis) Cavan No 81005Q (St Aidans Comprehensive School) Cavan No 15042A (Ennis N S) Clare No 62460K (St Francis Capuchin) Rochestown, Cork Cork County No 91388S (Carrigaline Community School) Cork Cork County No 20106E (Grange Frankfield Ns) Cork City Yes 19993E (Gaelscoil An Ghoirt Alainn) Cork City Yes 13828F (Douglas B N S) Cork City No 13450F (Rushbrook Con Mercy N S) Cork County Yes 18279A (Carrigaline3NS) Cork County Yes 20105C (Star Of The Sea) Cork County Yes 16746S (Ballygarvan N S) Cork County Pending 19415K (Scoil An Athar Tadhg) Cork County No 17609N (Rathcormac N S) Cork County No 17667E (S N Padraig Naofa) Cork County No 13828F (Douglas B N S) Cork County No 19351K (S N Cill Criodain) Cork County No 62310O (De La Salle College, Macroom) Cork County No 62690E (Scoil Mhuire, Sidney Place) Cork City Yes 81008W (Ashton Comprehensive School) Cork City No 62640M (St. Angela’s College) Cork City No 18219F (Sn Chonaill) Donegal Yes 71240U (Finn Valley College) Donegal Yes 18052S (S N Muire Gan Smal) Letterkenny Donegal No 19971R (Gaelscoil Adhamhnain) Donegal No 16672P (St Patricks N S) Lurgybrack Donegal No 12077E (Illistrim No1NS) Donegal No 19724A (Little Angels Spec Sch) Donegal No 62830R (St Eunan’s College) Donegal No 20150H (Holy Family National School) Donegal No 60860Q (Our Ladys School) Dublin Belgard Yes 19474D (Scoil Colmcille Naofa) & 19742C (Scoil Colmcille Senior) Dublin Belgard Pending 19817H (St Marys N S) Dublin Belgard No 19878E (Ballycragh N S) Dublin Belgard No 13447Q (Scoil Mhuire) Lucan Dublin Belgard No 60263V (St Josephs College) Dublin Belgard No 19782O (St Brigids N S) Dublin Belgard No 19834H (Brookfield2NS) Dublin Belgard No 60341P (Sancta Maria College) Dublin Belgard No 19006Q (Eoin Baisde B Sois) Dublin City Yes 09932B (Stanhope St Convent) Dublin City No 19373U (St Michaels Hse Sp Sch) Dublin City No 20228S (St. Laurence O Toole Girls School) Dublin City No 09750S (St Josephs Boys N S) Dublin City No 13815T (Howth Rd Mxd N S) Dublin City No 17976R (Scoil Assaim B) Dublin City No 17977T (Scoil Aine C) Dublin City No

673 Questions— 15 December 2009. Written Answers

[Deputy Batt O’Keeffe.] Roll Number and School Name County Planning Permission Received

17978V (Naiscoil Ide) Dublin City No 19727G (St Mary’s Central N S) Dublin City No 19819L (St L O Tooles 2 Spec) Dublin City No 60660I (St Patricks Cathedral Grammar School) Dublin City No 70020B (Grange Community College) Dublin City No 76085N (Coláiste Lán Ghaeilge An Ghráinseach) Dublin City No 60010P (Loreto Secondary School) Dublin Fingal Yes 76062B (Castleknock Community College) Dublin Fingal Pending 20095C (Gaelscoil Bhrian Boroimhe) Dublin Fingal Pending 20145O (Swords Educate Together N.S.) Dublin Fingal Pending 00697S (St Brigids Mxd N S), Castleknock Dublin Fingal No 17914S (St Oliver Plunkett) Dublin Fingal No 18046A (Scoil Bride B) & 18047C (Scoil Bride C) Dublin Fingal No 19636D (St Patricks Senior Ns) Dublin Fingal No 19660A (Rush Ns) Dublin Fingal No 81002K (Mount Temple Comprehensive) Dublin Fingal No 18778S (S N Naomh Mochta) Dublin Fingal No 17961E (S N Lusca) Dublin Fingal No 19535U (Brackenstown Senior N S) Dublin Fingal No 19545A (Corduff N S) Dublin Fingal No 19624T (Scoil Nais Caitriona) Dublin Fingal No 20161M (Donabate/Portrane Educate Together Ns) Dublin Fingal No 20240I (Hansfield Ns) Dublin Fingal No 60370W (St. Fintan’s High School) Dublin Fingal No 19374W (Garran Mhuire) Dún Laoghaire-Rathdown Yes 70030E (Senior College Dunlaoghaire) Dún Laoghaire-Rathdown Yes 60180R (C. B. S. Monkstown Park) Dún Laoghaire-Rathdown Yes 60650F (St Andrews College) Dún Laoghaire-Rathdown Yes 18451J (Scoil Lorcan Buach) Dún Laoghaire-Rathdown No 19355S (Ballyowen Meadows) Dún Laoghaire-Rathdown No 20028K (Setanta School) Dún Laoghaire-Rathdown No 20190T (Holy Trinity National School) Dún Laoghaire-Rathdown No 60092U (Clonkeen College) Dún Laoghaire-Rathdown No 81001I (Newpark Comprehensive School) Dún Laoghaire-Rathdown No 19795A (Tirellan Heights N S) Galway City No 19994G (Gaelscoil Mhic Amhlaigh) Galway City No 16937C (Fursa N S) Galway City No 19401W (S N Caitriona Sois) & 19468I Sn Caitriona Sinsear Galway City No 19506N (Cappatagle Central Sch) Galway County Yes 20199O (Oughterard Ns) Galway County No 08512U (Iomair N S) Galway County No 12706J (Sn Sailearna) Galway County No 20042E (Scoil An Chroi Naofa) Galway County No 63070C (St Raphaels College) Galway County No 91412M (Scoil Phobail), Clifden Cs Galway County No 15071H (S N Cillini Dioma) Galway County No

674 Questions— 15 December 2009. Written Answers

Roll Number and School Name County Planning Permission Received

17668G (S N Na Bhforbacha) Galway County No 19529C (Scoil Mhuire) Galway County No 63090I (Holy Rosary College) Galway County No 62970K (Colaiste Iognaid) Galway City Yes 62960H (St Joseph’s College) Galway City No 17646T (S N Uaimh Bhreanainn), Ballymcelligott Kerry Yes 61440W (St. Mary’s Cbs) Kerry Yes 20196I (Ballybunion National School) Kerry Yes 20197K (Kenmare National School) Kerry No 61410N (Presentation Secondary School) Kerry No 61320M (Coliste Bhranainn) Kerry No 17674B (S N Aine Naofa) Kildare Yes 11976K (Clochar Coca Naofa N S) Kildare Yes 09414C (St Laurences N S) Kildare No 18018S (Scoil Bhride N S) Kildare No 20114D (Scoil Brid) Kildare No 20271T (Scoil Na Naomh Uilig) Phase 2 Kildare No 16705E (Scoil Phadraig Naofa) Phase Ii Kildare No 18988G (St Raphaels Special Sch) Kildare No 61580P (Loreto Secondary School), Granges Road, Kilkenny Kilkenny Yes 15160G (The Rower Mixed N S) Kilkenny Yes 14260F (Abbeyleix Sth N S) Laois Yes 20071L (Scoil Bhride) Rathdowney Laois Yes 07442U (Borris In Ossory Conv) Laois Yes 17064U (Scoil Padraig), Ballylinan, Athy Co. Kildare Laois No 17617M (Scoil Chomhgain Naofa) Laois No 19747M (Scoil Bhride) Laois No 18991S (JFKMemorial School) Limerick City Yes 17445J (Scoil Lile Naofa) Limerick City No 20193C (Scoil Mocheallóg) Limerick County No 64240G (St Munchin’S College) Limerick City No 20128O (St Matthews National School) Longford Yes 71690F (V S. Ballymahon) Longford Yes 19429V (St Christopher’s S S) Longford No 20124G (Edgeworthstown N.S..) Longford No 91436D (Moyne Community School) Longford No 18069M (Naomh Seosamh) Louth Yes 20205G St Mary’s Parish School. Louth Yes 63870L (Drogheda Grammar School) Louth Yes 63920A (Dundalk Grammar School) Louth No 18635T (S N Tigh An Iubhair) (St Buites) Louth No 19215C (S N Ard Mhuire C) Louth No 19678T & 19479N (St Pauls Senior & Junior Ns) Louth No 91441T (Ardee Community School) Louth No 91441T (Community School) Louth No 13667H (Sn Muine Chonallain) Mayo Yes 20142I (Scoil Iosa) Mayo No

675 Questions— 15 December 2009. Written Answers

[Deputy Batt O’Keeffe.] Roll Number and School Name County Planning Permission Received

16122D (Knock N S) Mayo No 64570E (Our Lady’s Secondary School), Belmullet Mayo No 64660F (Sancta Maria College) Mayo No 91461C (Ballyhaunis Community School) Mayo No 17213L (S N Mhuire) Moynalty Meath Yes 20180Q (St. John’s N.S.) Meath Yes 19253K (Wilkinstown N S) Meath Yes 02905J (S N Naomh Padraig), Baconstown Meath No 71960I (Dunshaughlin Community College) Meath No 91508C (Boyne Community School) Meath No 17821L (Scoil Nais Mhuire Naofa) Meath No 16100Q (Mercy Convent N S) Meath No 18762D (S N Realt Na Mara (B)) Meath No 18767N (S N Realt Na Mara (C)) Meath No 19671F (St Pauls N S) Meath No 20215J (St. Paul’s NS) Meath No 18028V (S N Corr A Chrainn) Monaghan Yes 07751K (Monaghan Model School) Monaghan No 64820B (St. Louis Secondary School) Monaghan No 72190N (Ardscoil Lorgan) Monaghan No 17637S (S N Sheosaimh Naofa) Offaly Yes 18267Q (Croinchoill N S) Offaly Yes 65610S (Coliste Choilm) Offaly Yes 72530L (Ard Scoil Chiarain Naofa) Offaly No 65170Q (Summerhill College) Sligo Yes 19495L (Carbury Nat Sch) Sligo No 72370P (Borrisokane Community College) Tipperary N.R. Yes 72440K (Nenagh Vocational School) Tipperary N.R. Yes 65440T (Our Ladys Secondary School) Tipperary N.R. No 65470F (Ursuline Convent Thurles) Tipperary N.R. No 65240L (Scoil Mhuire Presentation Secondary School), Ballingarry, Tipperary S.R. No Thurles 17779P (Powestown N S) Tipperary S.R. No 72430H (Scoil Ruain) Tipperary S.R. No 20050D (Gaelscoil Na Ndeise) And 20160K Waterford Educate Waterford City Yes Together. 20076V (Scoil Bhóthar Na Naomh) Waterford County Yes 20170N (Kilmacthomas) Waterford County No 64970U (Coliste Na Maighdine) Waterford City Yes 63290Q (Loreto College) Westmeath Yes 19848S (St Etchens) Westmeath Yes 17025K (S N Na Ndun) Westmeath No 17903N (Corr Na Madadh N S) Westmeath No 17932U (Odhran Naofa N S) Westmeath No 18505G (Naomh Clar N S) Westmeath No 18640M (Naomh Iosef N S) Westmeath No

676 Questions— 15 December 2009. Written Answers

Roll Number and School Name County Planning Permission Received

18864L (S N An Cusan) Westmeath No 17017L (S N Phadraig) Wexford No 08221J (St Senans National Sch) Wexford No 20003R (St Aidans Parish School) Wexford No 17450C (S N Mhaodhoig) Wexford No 17913Q (S N Mhuire) Wexford No 19240B (St Patricks Spec School) Wexford No 63660A (Loreto Secondary School) Wexford No 71600B (Coliste Abbain) Wexford No 20016D (Gaelscoil Ui Cheadaigh) Wicklow Yes 09760V (Powerscourt N S) Wicklow Yes 19522L (St Catherines Spec Sch) Wicklow No 61790D (St Brendan’s College) Bray Wicklow No 70740M (Arklow Community College) Wicklow No

398. Deputy Ruairí Quinn asked the Minister for Education and Science the number of new schools being constructed at stage four under the school building programme; the name, address and roll number of each school; and if he will make a statement on the matter. [46946/09]

399. Deputy Ruairí Quinn asked the Minister for Education and Science the number of extensions or refurbishments occurring at stage four under the school building programme; the name, address and roll number of each school; and if he will make a statement on the matter. [46947/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 398 and 399 together. There are currently 26 school building projects involving 28 schools at Stage 4 (details attached). A further 26 projects involving 28 schools have been completed in 2009.

County Roll Number Name/Address Brief

Clare 14830U Barefield N.S., Ennis Extension/Refurbishment Donegal 16642G Clonmany Mixed NS New School Building Donegal 17268N SN An Br M O Cleirigh, Creevy, Extension/Refurbishment Ballyshannon Donegal 19333I Dooish NS, Ballybofey Extension/Refurbishment Donegal 20054L Scoil Eoghan, Moville New School Building Dublin (City) 18646B Springdale NS, Lough Derg Rd., New School Building Raheny Dublin (Fingal) 20202A Balbriggan ET New School Building Dublin (Fingal) 20231H St. Benedicts Ongar NS, Littlepace New School Building Dublin (Fingal) 20247W Scoil Ghráinne Community National New School Building School, Phibblestown Dublin (Fingal) 76098W Pobail Scoil Setanta, Phibblestown New School Building Dublin (Fingal) 76104O Donabate Community College1 New School Building Galway 91514U Glenamaddy Community School, New School Building Glenamaddy Kildare 00779U Presentation Convent, Maynooth Extension/Refurbishment

677 Questions— 15 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

County Roll Number Name/Address Brief

Kildare 17662R Scoil Bhride NS, Kill2 New School Building Kildare 20023A Gaelscoil Chill Dara Extension/Refurbishment Kildare 20177E Newbridge Educate Together Extension/Refurbishment Kildare 20271T Scoil na Naomh Uilig, Rickardstown, New School Building Newbridge Kildare 61710C Meánscoil Iognáid Ris, Naas Extension/Refurbishment Kildare 70650L Athy Community College (St. Bridgets New School Building Post Primary School) Limerick 16237U Dromtrasna NS Abbeyfeale New School Building Limerick 64201T Ardscoil Ris, North Circular Rd, Extension/Refurbishment Limerick Louth 19598V Muire na nGael NS, Bay Estate, Extension/Refurbishment Dundalk Mayo 76060U Davitt College, Castlebar Extension/Refurbishment Meath 00885T Ratoath Jnr NS, Ratoath Extension/Refurbishment Meath 20200T Ratoath Snr NS, Ratoath Extension/Refurbishment Meath 16646O St Marys Convent NS Trim Extension/Refurbishment Meath 17964K SN Mhuire Naofa, Rathfeigh Extension/Refurbishment Meath 20216L Scoil Oilibheir Naofa, Laytown New School 1Design and build contract. Contract awarded however project will not commence on site until early 2010. 2Original contractor went into receivership recently. Project is currently being re-tendered.

Schools Amalgamation. 400. Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the proposed amalgamation of schools (details supplied) in County Galway; if a site has been acquired; the reason it has taken so long to bring the proposed amalgamation to a satisfactory conclusion; and if he will make a statement on the matter. [46953/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the amalgamation of the schools in question was agreed in principle a number of years ago. Officials from my Department have met with the Trustees of the schools to discuss an offer by the Diocesan Trust of a site for purchase in relation to the proposed amalgamation. The acquisition of the site for the schools in question will be considered in the context of the capital budget available to my Department for school buildings generally. I am not in a position to say at this time when the acquisition will be concluded.

Residential Institutions Redress Scheme. 401. Deputy Joe Costello asked the Minister for Education and Science when the Bethany Home, Dublin 6, will be included under the redress scheme for victims of child abuse; and if he will make a statement on the matter. [46997/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The issue of including Bethany Home in the redress scheme has previously been considered but it was decided it should not be included. My Department is examining further information submitted to it in relation to Bethany Home together with a renewed request for its inclusion. This examination will be completed as soon as possible.

Schools Building Projects. 402. Deputy Noel J. Coonan asked the Minister for Education and Science the position regarding a capital school building project for a school (details supplied) in County Tipperary; 678 Questions— 15 December 2009. Written Answers the timeframe for the completion of the project; the works to be carried out at the school; and if he will make a statement on the matter. [47003/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is at an advanced stage of architectural planning. Planning permission was granted in November. Representatives from the VEC, the school and the design team attended a stage 2(b) briefing which was held in my Department Offices in Tullamore on 9 December 2009. The school has now been authorised to progress to stage 2b (detailed design). The proposed building project will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

403. Deputy Catherine Byrne asked the Minister for Education and Science the number of new schools in the Dublin area being built on flood plains in view of recent flooding across the country; and if he will make a statement on the matter. [47018/09]

Minister for Education and Science (Deputy Batt O’Keeffe): It is my Department’s policy not to build on flood plains. I am not aware of any new schools in the Dublin area that are being built on flood plains.

404. Deputy Brian Hayes asked the Minister for Education and Science the number of the 78 projects announced as commencing construction in 2009 which have completed the tendering process; the number which will begin construction in 2009; and if he will make a statement on the matter. [47160/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The position in relation to the 78 school projects announced to go to tender and construction in 2009 is as follows: 7 projects have reached practical completion, 21 projects are currently under construction, 30 projects are at tender and the remaining 20 projects are pre-tender. I expect that up to 5 further projects will commence on site before the end of 2009. The balance of the projects at tender, approximately 25, will commence on site in the first quarter of 2010. Those projects that are currently pre-tender will commence on site as soon as possible in 2010.

School Staffing. 405. Deputy Brian Hayes asked the Minister for Education and Science the number of unqualified persons who are on regular teaching contracts of employment within primary and secondary sectors; and if he will make a statement on the matter. [47161/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The number of persons who are on regular teaching contracts of employment within primary and secondary/community/comprehensive schools and are being paid at the untrained rate are as follows: Primary 129 Post Primary 33 Contracts of employment are sometimes offered to teachers pending verification of their qualifications with the Teaching Council. On receipt of this verification, their status is updated to qualified.

School Curriculum. 406. Deputy Denis Naughten asked the Minister for Education and Science, further to Parliamentary Question No. 1255 of 16 September 2009, the progress of the review and a date for its publication; and if he will make a statement on the matter. [47164/09]

679 Questions— 15 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The Inspectorate conducted a thematic evaluation of the provision for English as an Additional Language (EAL) in 30 primary schools and 15 post-primary schools in 2008. Each school was issued with an individual report setting out the findings and recommendations relating to EAL provision in the school. General findings and conclusions from this evaluation activity have been included as part of the Department’s Value For Money (VFM) review of EAL provision which is currently being finalised. The Inspectorate is preparing composite reports on the quality of EAL provision in primary and post-primary schools and these will be published on the Department’s web site in 2010.

School Staffing. 407. Deputy Denis Naughten asked the Minister for Education and Science the number of whole-time equivalent language support teachers for migrant pupils employed in the primary school system in September 2006, 2007, 2008 and to date in 2009; the total number of pupils in receipt of such support in each year; and if he will make a statement on the matter. [47165/09]

408. Deputy Denis Naughten asked the Minister for Education and Science the total number of whole-time equivalent language support teachers for migrant pupils employed in the post- primary school system in September 2006, 2007, 2008 and to date in 2009; the total number of pupils in receipt of such support in each year; and if he will make a statement on the matter. [47166/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 407 and 408 together. The level of extra teaching support provided in respect of language support to any school is determined by the numbers of eligible pupils enrolled and the associated assessed levels of these pupils’ language proficiency. This is done through an annual application process in the Spring/Summer of each year. Following on from the Government decision in Budget 2009 in relation to language support provision my Department published Circular 0015/2009 which sets out a structured and transparent process for the allocation of up to 4 language support teachers to schools. The Department’s circular also states that additional support is available for those schools which have at least 25% of their total enrolment made up of pupils that require language support. Such applications for additional language support are dealt with through the Staffing Appeals process which resulted for the current school year in the allocation of 73 additional language support posts to 64 schools. This resulted in some of these schools having up to 5 or 6 EAL teachers because their specific needs were deemed to warrant this intensive support. Overall, the total number of whole time equivalent Language Support posts in the current school year is 1,182 at primary level and 365 at post-primary level. The challenge for schools is to ensure that this very significant resource is used to maximum effect. The number of whole time equivalent language support posts allocated to primary and post primary schools for the past three years is as follows: Primary Post-Primary 2006/07 1,168 388 2007/08 1,517 479 2008/09 1,620 560 My Department’s centralised record of the applications for language support for the current school year show that about 32,200 pupils at primary level and about 6,200 pupils at second level are currently benefiting from English language support in our schools. Similar information for the previous three years is held on individual school files and would take an inordinate amount of administrative time to compile.

680 Questions— 15 December 2009. Written Answers

Schools Building Projects. 409. Deputy Willie Penrose asked the Minister for Education and Science the number of additional schools he intends to provide in County Westmeath in 2010; the status of same; and if he will make a statement on the matter. [47189/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Forward Planning Section of my Department is in the process of carrying out detailed analysis of over 40 locations of highest population growth in order to identify the school accommodation requirements up to and including the school year 2014/2015. When the required reports have been completed for these initial areas selected the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall primary and post-primary accommodation requirements in County Westmeath will be considered in this regard. The progression of all large scale building projects, including projects in County Westmeath, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of projects at this time.

Departmental Properties. 410. Deputy Niall Collins asked the Minister for Education and Science if he has clear title to a property (details supplied) in County Limerick which was closed two years ago as part of an amalgamation; and if he will make a statement on the matter. [47190/9]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to advise the Deputy that the Cashel and Emly Diocesan Trust Limited, is the full owner of the property referred to by the Deputy. My Department holds a 99 year lease on the property.

Schools Building Projects. 411. Deputy Niall Collins asked the Minister for Education and Science the unspent and unallocated capital schools building budget for 2009; if this funding has been surrendered; and if he will make a statement on the matter. [47191/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, we have not yet reached the end of the financial year so the final position regarding capital expenditure in the primary and post-primary sector is not yet known. However, as previously indicated, I expect that schools’ capital expenditure in 2009 will be less than the corresponding allocation. I have discussed the matter with the Minister for Finance and agreement has been reached regarding the carryover into 2010 of the unspent allocation as is permitted under the Capital Investment Framework. The funding carried over will be re-allocated to schools’ capital in 2010.

Higher Education Grants. 412. Deputy Seán Fleming asked the Minister for Education and Science his views in relation to third level education grants (details supplied); his plans to change this rule; and if he will make a statement on the matter. [47192/09]

413. Deputy Seán Fleming asked the Minister for Education and Science his views on a matter (details supplied); and if he will make a statement on the matter. [47193/09]

681 Questions— 15 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 412 and 413 together. Under the student maintenance grant schemes, students who are entering approved courses for the first time are eligible for financial assistance where they satisfy the relevant conditions as to residence, means, age, nationality and previous academic attainment. For student grants purposes, students are categorised according to their circumstances either as students dependent on parents or guardians, dependent mature students or as independent mature students. A mature student is defined as a person of not less than 23 years of age in the year of entry to an approved course. An independent mature student is defined as a mature student who was not ordinarily resident with his or her parents from the October preceding entry to an approved course. When assessing the means of students other than independent mature students, the schemes specify that parental income must be taken into account. Independent mature students, on the other hand, are assessed without reference to their parents’ income. The reckonable income of an independent mature student is that of the candidate only and of his or her spouse where appropriate. The Student Support Bill will provide the Minister with the power to regulate for different classes of applicants. This power would enable me, if there are compelling reasons and adequate resources to do so, to consider the circumstances where a student could be assessed without reference to parental income. Any extension of the provision of assessment as an independent mature student will have to be carefully considered to ensure it is highly targeted at very specific circumstances where students can demonstrate that they have been genuinely self-supporting and living independently for a period before the commencement of their studies.

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