Dáil Éireann

Vol. 699 Thursday, No. 3 21 January 2010

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Thursday, 21 January 2010.

Requests to move Adjournment of Dáil under Standing Order 32 ……………… 847 Order of Business ……………………………… 847 Haiti Earthquake: Statements …………………………… 861 Adoption Bill 2009 [Seanad]: Second Stage (resumed)……………………………874 Referral to Select Committee ………………………… 887 Civil Partnership Bill 2009: Second Stage (resumed)……………………887 Ceisteanna — Questions Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 906 Other Questions …………………………… 916 Adjournment Debate Matters …………………………… 925 Adjournment Debate House Repossessions …………………………… 926 Residential Institutions …………………………… 929 Foreign Conflicts ……………………………… 932 Departmental Bodies …………………………… 933 Questions: Written Answers …………………………… 937 DÁIL ÉIREANN

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Déardaoin, 21 Eanáir 2010. Thursday, 21 January 2010.

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Chuaigh an Leas-Cheann Comhairle i gceannas ar 10.30 a.m.

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Paidir. Prayer.

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

Deputy Martin Ferris: Under Standing Order 32, I seek to adjourn the House to discuss the embargo on new entrants to the rural social scheme which has been an important source of income for many people in rural communities, as well as performing valuable work on historical sites, the fact that this embargo will further increase rural poverty and rural isolation, with the risk that brings of increased levels of depression and suicide.

Deputy Frank Feighan: I seek leave the adjournment of the Dáil on the following important matter of public interest requiring urgent consideration, namely, the fact that no specific funding has been identified or allocated by the Department of Enterprise, Trade and Employment to alleviate the problems caused to businesses as a result of the recent flooding around the country, especially in Roscommon and Leitrim, and I call on the Tánaiste to make a statement on the matter.

An Leas-Cheann Comhairle: Having considered the matters, they are not in order under Standing Order 32.

Deputy Noel J. Coonan: What about a matter from Deputy Bannon?

An Leas-Cheann Comhairle: Alas, no such application was received today.

Order of Business. The Tánaiste: It is proposed to take No. a26, statements on Haiti; No. 26, Adoption Bill 2009 [Seanad] — Second Stage (resumed); No. 27, Civil Partnership Bill 2009 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. a26 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply. The statements shall be confined to a Minister or Minister of State and to the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order and who may share their time, which shall not exceed 15 minutes in each case. A Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. 847 Order of 21 January 2010. Business

An Leas-Cheann Comhairle: There is one proposal to put to the House. Is the proposal for dealing with No. a26 agreed to? Agreed.

Deputy Enda Kenny: I agree to this and I commend the Government on its contribution to date to the catastrophe in Haiti. I will not have time to speak on the debate, so I would like to a make a point now. We have a Naval Service vessel that is a fully equipped hospital ship. There are medics and doctors queuing up to give of their time free of charge to assist in this catastrophe. I request the Tánaiste to see to it that this ship is made ready and sails for Haiti. It is a fully equipped hospital ship and could do enormous beneficial work offshore, just as other countries are doing during this tragedy. As it will be located offshore, it will be immune from earthquakes, and doctors and nurses in this country are more than willing to stay on that ship and carry out essential operations for those who have been devastated by the earthquake. It would represent an invaluable contribution from the Government and I will support it whole- heartedly if it commits to it.

An Leas-Cheann Comhairle: I do not want to open a debate on this important issue, as we will be dealing with it shortly.

Deputy Joan Burton: We in the Labour Party welcome the provision of time to debate what has happened in Haiti. A disaster of this magnitude can only be dealt with by armies and professional aid agencies. When the genocide in Rwanda occurred, I chaired the European Council of Ministers. It is unfortunate that neither the United Nations nor other multilateral or international bodies have learned much about preparedness for events of the scale and magnitude of these disasters. It is essential, at a time when ordinary people are donating large sums of money to the Irish aid agencies, all of whom are extremely experienced in these fields, that we also make a contribution to Haiti in terms of the Defence Forces. Assets of this capacity — the Defence Forces, the Fire Service and so forth — can help to deal realistically with a disaster of this magnitude. I welcome the opportunity to have a debate.

The Tánaiste: As the Deputy will be aware, the Government pledged finance for Haiti. I commend Irish people who have been very forthcoming in support of the appeals. This morning, a transportation of food aid left Dublin for Haiti. The issue raised by Deputy Kenny could be considered in the context of the debate and the further response to support people, that will be necessary for many years. Some members of the rapid response corps have been deployed to Haiti and a number of others are available to go there if requested. Some of these matters could be considered further by the Government in the context of the debate.

An Leas-Cheann Comhairle: Is the proposal for dealing with this item agreed? Agreed.

Deputy Enda Kenny: I will change direction slightly, if I may. The Government destroyed the concept of social partnership which existed here for many years. While partnership was never perfect, the air traffic controllers action, which the Minister for Transport indicated is doing enormous reputational damage to Ireland, would never have happened or got this far if the national implementation structure was still in place. It is clearly a requirement that both sides step back and that, in the absence of the national implementation structure, the dispute be moved immediately to the Labour Court. The Tánaiste is the Minister with responsibility for industrial relations. What action does the Government propose to take this morning to ensure airports are kept open, further reputational damage, as referred to by the Minister for Transport, is not done and people are enabled to 848 Order of 21 January 2010. Business go about their legitimate business and travel into and out of the country? Given the reduction of 8% or 9% in economic growth last year, it is imperative and essential that every single aspect of our country ranks among the best. With an action of this type doing such damage this early in the year, I ask the Tánaiste, who has responsibility for industrial relations, to answer to the country and tell us what actions the Government will take this morning to assist in this matter.

An Leas-Cheann Comhairle: While I am anxious to give Deputy Kenny some latitude, the issue he raises is not strictly in order on the Order of Business. Are there any legislative——

Deputy Enda Kenny: As the Leas-Cheann Comhairle is aware, with the demise of social partnership, there is absence of a structure. This matter must come before the Labour Court, which is the last line of defence. I want to know what the Government proposes to do in this regard. Businesses are incensed at the situation.

An Leas-Cheann Comhairle: Is legislation proposed?

The Tánaiste: The Government is very concerned about the impact of the industrial action and the consequences for passengers and the economy that arose yesterday. The Labour Court was in touch with both sides yesterday evening, with a view to inviting both sides back into the Labour Court for exploratory talks aimed at avoiding further disruption. The Government view is that the resolution of these types of industrial relations disputes is best served in the Labour Court, which is available on Friday and over the weekend to try to address these issues.

Deputy Enda Kenny: What is the Government doing to ensure both sides step back?

Deputy Joan Burton: In the matter of secondary legislation, what is the position regarding the commencement order for the emergency legislation providing for reductions in civil and public service pay? The leader of the Labour Party, Deputy Eamon Gilmore, raised this matter with the Taoiseach yesterday. We cannot find a commencement order in Iris Oifigiúil or the Oireachtas Library. The Taoiseach promised to indicate whether the order was made for the deductions in Civil Service salaries. If it has been made, why has it not yet been published? In the course of the debate on the Bill the Labour Party pointed out that, as drafted, the legislation would apply to a wide range of non-governmental organisations, voluntary organisations and organisations funded by the Health Service Executive, including many community organisations, the Red Cross and Leader programmes. The Government specifically introduced an amendment to restrict the measure to public servants who were paying the pension levy. The HSE is issuing a series of notifications to grant aided and voluntary organisations ordering them from 1 January to reduce salary payments to staff in line with the Government’s Bill. The HSE letter states that the reductions in salary will also apply to staff in grant aided agencies which are not specifically included in the legislation. The Minister for Finance and the Taoiseach assured us——

An Leas-Cheann Comhairle: The Deputy asked a question on secondary legislation which is in order.

Deputy Joan Burton: ——when the Labour Party raised this issue in the debate on the legislation, that the Government amendment would mean the measure would not apply to the wide range of grant aided and voluntary organisations.

An Leas-Cheann Comhairle: The Deputy has made her point. I have given her some latitude. 849 Order of 21 January 2010. Business

Deputy Joan Burton: What is the status of the HSE circular which has been circulated to Barnardos and other voluntary organisations telling them they must cut staff wages? Some of those working in these organisations are paid very little. Where is the commencement order for the legislation?

An Leas-Cheann Comhairle: The question on secondary legislation is in order.

The Tánaiste: I will have to revert to the Deputy later this morning on the secondary legislation.

Deputy Joan Burton: Has the commencement order been lost in the post? Was it delayed by frost and snow on the roads?

An Leas-Cheann Comhairle: The Tánaiste has indicated——

Deputy Joan Burton: This is important legislation.

An Leas-Cheann Comhairle: ----that she will respond directly to the Deputy on the matter.

Deputy Joan Burton: Will she rummage in the attic to see if she can pull it out? Is it lost in the post?

An Leas-Cheann Comhairle: As the Deputy is aware, it is in order for a member of the Government to indicate that he or she will revert to a Deputy who asks a question on secondary legislation.

Deputy Joan Burton: I have a further question on what is probably more hopeful legislation. The C list of the legislative programme features a proposal by the Minister for the Envir- onment, Heritage and Local Government to introduce legislation to provide for a directly elected lord mayor of Dublin. He has indicated that the legislation may be available before Easter. The Minister, who proposes to run the election in June, downgraded the legislation to hopeful yesterday. In terms of the programme for Government what is the timescale for the legislation?

An Leas-Cheann Comhairle: The question on the timeframe for the Bill’s introduction is in order.

Deputy Joan Burton: Is it a hopeful sign?

(Interruptions).

An Leas-Cheann Comhairle: Please allow Deputy Burton to put her question.

Deputy Joan Burton: Is it anticipated that a Supplementary Estimate of €3 million to €4 million will be produced in respect of funding the running of the election and the cost of the office, which the Minister indicated would be approximately €400,000?

An Leas-Cheann Comhairle: The Deputy’s question is not in order. The Tánaiste may answer the specific question on when the legislation will be introduced.

The Tánaiste: As the Taoiseach indicated on Tuesday in the House, the heads of the Bill have been circulated to Departments and will be brought to Government in the next fortnight with a view to having the legislation before the House as quickly as possible.

Deputy Joan Burton: Will the Government agree to publish the legislation now? 850 Order of 21 January 2010. Business

An Leas-Cheann Comhairle: Deputy Burton has had a good innings on this matter.

The Tánaiste: The Bill must first go before the Government.

Deputy Michael D. Higgins: The Tánaiste drew our attention to an answer given by the Taoiseach earlier this week in response to a question on legislation. When is the legislation to abolish the National University of Ireland likely to come before the House? My colleague and Labour Party spokesperson on education has submitted notice to the office of the Ceann Comh- airle to raise this matter on the Adjournment. The Minister for Education and Science has extraordinarily decided not to use this House but rather to announce outside this House that he is to abolish the National University of Ireland. Which item of legislation in the Government legislative programme will achieve this option? Is it proposed to add to the legislative programme as circulated to achieve this? There will be an opportunity for my colleague to discuss this in some detail. I attended the meeting at Farmleigh and met the international community, many of whom were graduates of the National University of Ireland. The idea that the Minister for Education and Science would turn his back entirely on the Dáil——

An Leas-Cheann Comhairle: The Deputy has made his point.

Deputy Michael D. Higgins: ——and damage the National University of Ireland degree brand internationally is outrageous. My last point is that some university presidents feel they should be CEOs. One of them might have the ear of the Minister more than the graduates of the National University of Ireland. It is one thing for us to be producing tens of thousands of unemployed graduates; it is another for the Minister for Education and Science to announce he proposes to devalue their degrees without coming to Parliament.

The Tánaiste: There is a need for legislation in this regard and the Minister is advised that it will be enacted in parallel with legislation on Seanad reform.

An Leas-Cheann Comhairle: Is that Seanad reform?

The Tánaiste: Yes, in parallel.

Deputy Ruairí Quinn: So it will never happen.

The Tánaiste: The aim is that the legislative arrangements for the dissolution of the NUI in the qualifications (education and training) Bill will be enacted in parallel with the Seanad reform Bill.

Deputy Ruairí Quinn: That is ambitious.

An Leas-Cheann Comhairle: Deputies should allow the Tánaiste to answer.

The Tánaiste: I will get a further update on the timescale from the Minister to the Deputy directly.

Deputy Michael D. Higgins: I can say what I have to say very briefly. Bills listed in the programme of legislation include Bills for the support and welfare of students or the patronage of schools. Would it not be better for the Minister to get on with those, which are included in the legislative programme, rather than flying kites?

An Leas-Cheann Comhairle: We will take the question as rhetorical. 851 Order of 21 January 2010. Business

Deputy Michael D. Higgins: These kites are already damaging us internationally. It is an ignorant action, taken by stealth and without the courage to discuss it with the universities or in this House. I would like to see the Minister come into this House to make the case for his windy proposal.

An Leas-Cheann Comhairle: Deputy Crawford is next but with his forbearance I will call on his party leader.

Deputy Enda Kenny: How does the Government propose to involve the Oireachtas in draw- ing up the terms of reference for the commission of investigation with regard to the banks?

The Tánaiste: As indicated by the Taoiseach, the Oireachtas will be involved in the context of the terms of reference arising from the initial report of inquiry. In the context of the PAC the Oireachtas has been forthright in supporting terms of reference of other investigations and inquiries. The Oireachtas will decide how that can best be done.

Deputy Enda Kenny: Under the Commissions of Investigations Act 2004 it is not the Oireachtas that is entitled to adjudicate on or be involved in the determination of the terms of reference but the Government. This Act is all about the Government, not the Oireachtas. The Taoiseach and the Minister for Finance have said the Oireachtas will be involved every step of the way in the investigation. When will amending legislation be brought before the House to give the Oireachtas the opportunity to involve itself in the terms of reference as pointed out by the Taoiseach and the Tánaiste?

An Leas-Cheann Comhairle: Is any such legislation promised?

The Tánaiste: No.

Deputy Enda Kenny: It must be——

An Leas-Cheann Comhairle: I can only take the word of the Tánaiste in these matters.

Deputy Enda Kenny: ——because the Act states the matter is considered by the Government to be of significant public concern. There is no facility in law for the Oireachtas to involve itself in the terms of reference unless the 2004 Act is changed. When does the Tánaiste propose to introduce these changes?

The Tánaiste: As indicated by the Taoiseach twice in the House, the Oireachtas will have a role in the context of the terms of reference. There will be ample time to facilitate the Oireachtas in doing so. Any legislative changes can be considered if deemed necessary. To the best of my knowledge there has been no proposal for new legislation.

Deputy Enda Kenny: It cannot be done unless the Government amends the Act.

An Leas-Cheann Comhairle: The point is well made and can be pursued through Leaders’ Questions.

Deputy Seymour Crawford: I welcome the movement of the George Mitchell Scholarship Fund Act 1998 (amendment) Bill onto section A of the Government’s legislative programme. When will the Bill be taken? In light of the fact that there are so many people on trolleys in hospitals and yesterday somebody had to eat lunch off a waste bin, when will the eligibility for health and personal social services Bill be introduced? It remains on the C list of the legislative programme. 852 Order of 21 January 2010. Business

When can we have a proper and full debate on the agricultural crisis in this country? There has been a 33% drop in income——

Deputy Bernard J. Durkan: Hear, hear.

Deputy Seymour Crawford: ——and REPS is another issue causing serious problems. We have a right to know when a proper debate can be held.

An Leas-Cheann Comhairle: Deputy Crawford’s contribution refers to two items of legislation and one request. Is there a promise of a debate on agriculture?

Deputy Jan O’Sullivan: On the issue of the eligibility for health and personal social services Bill——

An Leas-Cheann Comhairle: I will call Deputy O’Sullivan separately; she is next on the list.

The Tánaiste: The George Mitchell Scholarship Fund Act 1998 (amendment) Bill will be taken this session. There is no date for the second item of legislation to be brought forward. We had a robust debate on agriculture before Christmas——

Deputy Seymour Crawford: Statements.

The Tánaiste: ——and further consideration can be given to that.

Deputy Jan O’Sullivan: With 500 people on hospital trolleys yesterday, it is an absolute scandal that 800 hospital beds are closed because of a lack of resources and that there is a plan to slash the HSE budget for 2010.

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

Deputy Jan O’Sullivan: I ask the leader of the Government today if the Government intends to declare this a national crisis as the Minister did four years ago when there were fewer people on trolleys.

An Leas-Cheann Comhairle: That is not relevant to the Order of Business.

Deputy Jan O’Sullivan: It is very relevant to the people now being told they should not get off their trolleys to go to the toilet because someone else will get the trolley. It is absolutely scandalous. I ask about this in the context of the eligibility for health and personal social services Bill because people are supposed to be eligible for an acute public hospital bed if they need it right now but they cannot get it.

An Leas-Cheann Comhairle: The Tánaiste has answered on that item of legislation.

Deputy Jan O’Sullivan: They cannot get it because they cannot get into hospital. When will that item of legislation be introduced so we can discuss people’s right to get into a public hospital bed?

An Leas-Cheann Comhairle: That question has just been answered.

Deputy Jan O’Sullivan: In the hospital in my constituency trolleys are placed between beds in wards because they cannot fit them in the accident and emergency unit. There is a serious danger of infection being spread because of that. 853 Order of 21 January 2010. Business

An Leas-Cheann Comhairle: The Deputy should seek another way of raising this matter. The Chair will certainly try to facilitate this in a way that is orderly.

Deputy Jan O’Sullivan: What is happening in hospitals is a scandal and it will get worse due to the slashing of the HSE budget.

The Tánaiste: Proposals on this legislation are to come before the Government in the middle of the year but I do not have a date for when the legislation will be introduced in the House.

Deputy James Reilly: I wish to inquire about two items of legislation——

Deputy Kathleen Lynch: It is quite difficult to hear the Tánaiste’s replies. We have no idea of the last answer.

Deputy Michael D. Higgins: It is a microphone problem.

An Leas-Cheann Comhairle: I will pay attention to that to ensure the microphone is activated.

Deputy Liz McManus: Can she repeat the answer?

The Tánaiste: One of the reasons they cannot hear me is that they are talking.

Deputy Michael D. Higgins: Stop that nonsense. The Tánaiste should learn to pitch.

An Leas-Cheann Comhairle: Members should listen to the reply.

The Tánaiste: It is expected——

An Leas-Cheann Comhairle: Members cannot complain about not hearing if they do not listen.

The Tánaiste: It is expected that proposals on this item of legislation will be brought to the Government in the middle of the year but I am not in a position to say when the legislation will be brought to the House.

Deputy Michael D. Higgins: That was perfect.

Deputy Dick Roche: The trick is to have one’s mouth closed and one’s ears open.

Deputy Bobby Aylward: Deputy Higgins can hear when he tries.

Deputy James Reilly: I would like to raise two issues. The human tissue Bill is listed on section C of the Government’s programme. We are spending large sums of money on a transplant programme that is not delivering. We have low numbers of lung transplants. Young people with cystic fibrosis are dying unnecessarily. We are pouring money into this programme. The Bill in question has yet to come before the House. The Bill should establish a transplant authority that will organise the transplant programme.

An Leas-Cheann Comhairle: The Deputy can discuss the contents of the Bill when it is introduced.

Deputy James Reilly: There is a need for an urgent review of our transplant operations because our figures are appallingly low. When will that Bill come before the House? I would also like to raise the licensing of health facilities Bill. It has already been pointed out that there 854 Order of 21 January 2010. Business are 500 people on trolleys, which is more than ever before. Some 272,000 bed days were lost last year, which represents an increase of 50,000 on the previous year. Some 900 beds closed last year and a further 1,100 beds will close this year. Our health service is in as bad a state of crisis as our economy.

Deputy Michael Ring: It is worse.

Deputy James Reilly: Four years have passed since calls were made for the crisis to be treated as a national emergency. The Tánaiste needs to tell the House when the licensing of health facilities Bill will be introduced. Is it planned to give licences to facilities where people have to eat their lunch off waste bins?

An Leas-Cheann Comhairle: The Deputy knows well that he cannot ask about the contents of the Bill.

Deputy James Reilly: Will facilities where people have to spend two and a half days on trolleys in wards be licensed?

An Leas-Cheann Comhairle: The Deputy knows he cannot make a speech now.

Deputy James Reilly: I am sorry.

An Leas-Cheann Comhairle: Do not be sorry. The Deputy is not allowed to make a speech about these issues.

Deputy James Reilly: Every single day, one hears anecdotal evidence of people having to spend two and a half or three days on trolleys in this city and around the country.

Deputy P. J. Sheehan: Where is the Minister for Health and Children this morning?

Deputy James Reilly: What does the Government intend to do about it?

The Tánaiste: The 87 heads of the human tissue Bill, which is quite extensive, have been circulated to Departments for observation. No date has been set for the introduction of the legislation in the House. The same thing applies to the licensing of health facilities Bill.

Deputy James Reilly: The Government puts everything on the long finger.

The Tánaiste: It does not.

Deputy Charles Flanagan: There have been five vicious cold-blooded gun murders in the State over the course of the few days that have passed this year. What legislative measures do the Tánaiste and her colleagues propose to introduce to deal with this issue? A Bill that was described by the Minister for Justice, Equality and Law Reform as ground-break- 11 o’clock ing and earth-shattering was passed with all-party agreement in this House last year. He promised results, but his Government has failed to deliver. When that legislation was passed last year, the Tánaiste and her colleagues raised expectations that the Garda Síochána would deliver. How can they tally the passing of tough legislation with the fact that almost 800 members of the force, some at very senior level, retired last year? The Minister for Finance promised that senior officerships in the Garda would be filled.

An Leas-Cheann Comhairle: The Deputy knows he is not allowed to make a speech at this point. 855 Order of 21 January 2010. Business

Deputy Charles Flanagan: They remain unfilled while law and order continues to break down.

Deputy Pádraic McCormack: What has happened to zero tolerance?

Deputy Charles Flanagan: There have been five vicious gun murders already this year.

The Tánaiste: The House enacted a considerable amount of criminal justice legislation last year. Deputies will be aware that the Minister published another Bill yesterday. It is hoped to bring that Bill before the House quite quickly.

Deputy Richard Bruton: There is lots of law but no order.

The Tánaiste: It is important to say that the Minister has consistently said in this House that it will take some time for the full effects of some of the legislative matters that have been passed——

Deputy Charles Flanagan: How many more lives will be lost in the meantime?

The Tánaiste: It is equally important to say that the Garda Commissioner has assured us that the force has been making full use of that legislative framework since its enactment.

Deputy Charles Flanagan: No one has appeared in court.

Deputy Bernard J. Durkan: On that subject——

An Leas-Cheann Comhairle: This is not a debate.

Deputy Bernard J. Durkan: The Leas-Cheann Comhairle will be delighted to know that I am speaking about a new matter.

An Leas-Cheann Comhairle: I am very glad to hear it.

Deputy Bernard J. Durkan: The stringent legislation that was passed last summer — Deputy Flanagan mentioned that it was described as groundbreaking — has not been brought into operation.

An Leas-Cheann Comhairle: This is not a debate.

Deputy Bernard J. Durkan: Yesterday morning, I referred to the reply to a parliamentary question from 10 December last.

An Leas-Cheann Comhairle: That might be true, but it is not in order

Deputy Bernard J. Durkan: The operation of this legislation is critical to the well-being of people throughout this city and country.

An Leas-Cheann Comhairle: I ask the Deputy to ask a relevant question.

Deputy Bernard J. Durkan: I will.

An Leas-Cheann Comhairle: He knows the Order of Business as well as I do.

Deputy Bernard J. Durkan: Indeed. I am sure the Chair could not do better than this. When will the legislation that was enacted during the summer, which is necessary to counteract the activities of organised criminal gangs, be implemented? That is a simple question. 856 Order of 21 January 2010. Business

An Leas-Cheann Comhairle: Does the Deputy wish to ask about a particular section of a particular Act?

Deputy Bernard J. Durkan: I am asking about the commencement orders for the Criminal Justice (Miscellaneous Provisions) Act 2009, the Criminal Justice (Amendment) Act 2009 and the Criminal Justice (Surveillance) Act 2009.

Deputy Pádraic McCormack: They are dead ducks.

Deputy Bernard J. Durkan: All three were passed last summer.

The Tánaiste: I indicated in my previous reply that the Minister for Justice, Equality and Law Reform has told the House that it will take some time for the full effects of some of the legislation that was passed——

Deputy Emmet Stagg: He did not. He said the opposite.

The Tánaiste: It is fine to be standing there with your arms out——

Deputy James Reilly: Is he in the attic with the rest of them?

Deputy Emmet Stagg: He said that criminals would be picked up and put in jail next week.

Deputy Joan Burton: He said he would take on the gangs.

The Tánaiste: Assurances have been given by the Commissioner that the legislation is being used extensively.

Deputy P. J. Sheehan: All talk, no action.

Deputy Bernard J. Durkan: It is not being used at all.

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

Deputy Bernard J. Durkan: I have. I will finish very quickly.

An Leas-Cheann Comhairle: Very quickly.

Deputy Bernard J. Durkan: In the absence of a large number of Ministers——

An Leas-Cheann Comhairle: The Deputy should ask a relevant and brief question.

Deputy Bernard J. Durkan: I am sure they are very busy saving the country, the planet and various other places. Will the Tánaiste state whether it is possible to arrange for cardboard cutouts of them to be brought in here every morning?

An Leas-Cheann Comhairle: Please.

Deputy Bernard J. Durkan: At least we would be assured that if they are not here in person, at least they are thinking about us.

An Leas-Cheann Comhairle: This is the Order of Business.

Deputy Bernard J. Durkan: There is no other way to deal with that.

An Leas-Cheann Comhairle: This is the national Parliament. 857 Order of 21 January 2010. Business

Deputy Bernard J. Durkan: If they are not here, I cannot ask them questions.

Deputy Terence Flanagan: Does the Government have any plans to introduce legislation to deal with the upcoming house repossessions crisis? We were advised this week that 6,400 households are in mortgage arrears in——

An Leas-Cheann Comhairle: Is the Deputy referring to a specific Bill?

Deputy Bernard J. Durkan: He is asking about a Bill that was promised by the Minister for Finance.

An Leas-Cheann Comhairle: The Deputy should allow Deputy Flanagan to put his question.

Deputy Bernard J. Durkan: I am a Member too.

Deputy Terence Flanagan: Will the Government extend the moratorium on house repossessions, or will it deal head-on with the crisis that is pending by introducing a NAMA-type scheme like that proposed by Fine Gael?

An Leas-Cheann Comhairle: Is legislation promised?

The Tánaiste: Legislation is not necessarily promised. The Minister of State with responsibility for housing is working with the Minister for Finance——

Deputy Pádraic McCormack: Two great people.

The Tánaiste: ——to deal with a number of proposals that were agreed as part of the revised programme for Government.

Deputy Bernard J. Durkan: On a point of order——

An Leas-Cheann Comhairle: I call Deputy Tuffy.

Deputy Bernard J. Durkan: On a point of order, a Leas-Cheann Comhairle.

An Leas-Cheann Comhairle: I have not called the Deputy.

Deputy Bernard J. Durkan: A point of order takes precedence over everything else.

An Leas-Cheann Comhairle: If the Deputy sits down, he will be called on his point of order. He cannot make the point until he is called.

Deputy Bernard J. Durkan: On that issue——

An Leas-Cheann Comhairle: I ask the Deputy to resume his seat. I am about to call him.

Deputy Pádraic McCormack: He is standing, so the Chair does not need to call him.

An Leas-Cheann Comhairle: If the Deputies want to reduce the national Parliament to some sort of joke shop, that is fine.

Deputy John Moloney: Well said.

An Leas-Cheann Comhairle: I call Deputy Durkan on a point of order. 858 Order of 21 January 2010. Business

Deputy Bernard J. Durkan: I assure the Chair that I do not propose to be part and parcel of a joke shop, and I never have.

An Leas-Cheann Comhairle: I appreciate that.

Deputy Bernard J. Durkan: Legislation appertaining to the issue raised by Deputy Terence Flanagan a moment ago was promised in the House by the Minister for Finance in the context of the NAMA legislation.

An Leas-Cheann Comhairle: That is not a point of order.

Deputy Bernard J. Durkan: I was present when it was promised.

An Leas-Cheann Comhairle: I call Deputy Tuffy.

Deputy Joanna Tuffy: The Tánaiste mentioned the issue of Seanad reform after I had indicated that I wanted to ask a question. I would like to know how the proposed abolition of the NUI would affect the status of the sitting NUI Senators.

An Leas-Cheann Comhairle: That will not be in order, unfortunately, until we have the debate on the legislation in question.

Deputy Joanna Tuffy: Could it be passed while we have a sitting Seanad?

An Leas-Cheann Comhairle: The Deputy could table a parliamentary question on the matter.

Deputy Joanna Tuffy: I am sure the electorate of sitting Senators could not be abolished.

Deputy David Stanton: First, will we see the mental capacity Bill in this session? Will it be published in this session? Second, when is it proposed to ratify the UN Convention on the Rights of People with Disabilities? Third, when is it planned to introduce legislation to provide for the withdrawal of the directive that English be taught in all-Irish schools, as announced by the Minister for Education and Science recently?

The Tánaiste: The mental capacity Bill will be introduced in this session. I will have to revert to the Deputy on the secondary legislation. I am not sure if legislation is needed to provide for the withdrawal of a regulation that was set out in a circular. I will send an information note to the Deputy.

Deputy Michael Ring: I have two questions for the Tánaiste. First, has the Government held discussions with the Garda Commissioner to ascertain the up-to-date position with the Garda inquiry into the banks? If we were talking about ordinary citizens, the inquiry would be well over by now. Why is special treatment being given to the banks?

An Leas-Cheann Comhairle: That is not in order on the Order of Business, as the Deputy knows.

Deputy Michael Ring: It relates to the bank inquiry. I would like one inquiry to be over before we start the other one.

An Leas-Cheann Comhairle: The Deputy can raise the matter by means of parliamentary question or Adjournment debate, but it is not in order on the Order of Business. 859 Order of 21 January 2010. Business

Deputy Michael Ring: That is fine. I would like a comprehensive response. I am also interested in the health (miscellaneous provisions) Bill. Will legislation be necessary? The over- 70 medical cards have already gone to Dublin. Yesterday I received a letter from the chief executive of the HSE, Brendan Drumm, who is the new Minister for Health and Children. The processing of all medical cards will be moved to Dublin even though there is chaos among the over 70s. What is wrong with the Fianna Fáil backbenchers? Have they gone to sleep? They are allowing this service to be withdrawn from rural Ireland even though it cannot be managed in Dublin.

An Leas-Cheann Comhairle: Please, Deputy.

Deputy Michael Ring: What has gone wrong over there?

An Leas-Cheann Comhairle: The Tánaiste to respond on the health (miscellaneous provisions) Bill.

The Tánaiste: The legislation will be brought in this year.

Deputy Michael Ring: They could at least hear me.

Deputy Dick Roche: When the Deputy is around it is a case of “Nessun Dorma”.

Deputy Emmet Stagg: I wish to raise an issue of promised legislation.

Deputy Michael Ring: Did Deputy Higgins hear me?

Deputy Michael D. Higgins: Lovely.

An Leas-Cheann Comhairle: The House should come to order for Deputy Stagg’s question.

Deputy Emmet Stagg: Did everyone listen to funny music before they came in? In regard to promised legislation, the handling of the accounts of wards of courts by the Courts Service has been nothing short of a disaster.

Deputy Michael D. Higgins: Hear, hear.

Deputy Emmet Stagg: By and large, the service made a dog’s dinner of investing moneys. Legislation is promised——

An Leas-Cheann Comhairle: I am glad to hear it.

Deputy Emmet Stagg: ——to give oversight to the Comptroller and Auditor General. Such reform is urgently needed because no information has been made available to the people concerned and colossal professional fees are being added to very minor transactions. This legislation must be brought before the House at the earliest opportunity so that people can get some idea of their entitlements.

The Tánaiste: If I am correct, Deputy Stagg is referring to the legislation raised by Deputy Stanton, which will be published this session.

Deputy Kathleen Lynch: No.

Deputy Michael D. Higgins: He is referring to the courts Bill.

Deputy Kathleen Lynch: Mental capacity is an entirely separate issue. 860 Haiti Earthquate: 21 January 2010. Statements

The Tánaiste: Deputies raised the issue last year.

Deputy Emmet Stagg: I understand it is only at draft stage.

Deputy Joan Burton: I ask the Chief Whip to make arrangements for departmental officials to brief interested Deputies.

The Tánaiste: We will try to facilitate the flow of information. I recall that the Minister for Justice, Equality and Law Reform spoke to a number of Members on this matter in light of the serious concerns that have arisen in regard to it. I will revert to Deputies with precise details.

Deputy Liz McManus: A statutory instrument providing for levies on the broadcasting industry was laid before the House this morning. As we are all aware, that industry is in severe difficulty at present. Under legislation, the Broadcasting Authority of Ireland has to publish a budget plan for these levies because they fund its operations. However, the budget for 2010 has not been published. Given that the levies have been published by way of statutory instrument will a further statutory instrument be prepared on the authority’s budget plan?

The Tánaiste: That is a matter for the Minister for Communications, Energy and Natural Resources but I will ask him to revert to the Deputy.

An Leas-Cheann Comhairle: Secondary legislation is in order on the Order of Business.

Haiti Earthquate: Statements. Minister of State at the Department of Foreign Affairs (Deputy Peter Power): On behalf of the Government I extend our sincere condolences to the people of Haiti and, in particular, those who lost loved ones in last week’s earthquake. Our thoughts go out to the family of Andrew Grene, who tragically lost his life in the disaster while serving with the United Nations. The Government also extends its sympathy to the Secretary General of the United Nations, Mr Ban Ki-Moon, and to the families of all UN personnel who lost their lives. We also extend our condolences to the family of the Concern employee killed in the disaster and express our sincere hope that another employee reported missing will be found safe and well. It is now more than a week since the catastrophic earthquake struck Haiti and it is clear that the death toll will be well over 100,000. The scale of the devastation is unimaginable, with most of Port au Prince and Haiti’s other main cities almost completely destroyed. Few countries in the world were less equipped to deal with a disaster of this magnitude than Haiti. For the hundreds of thousands of people left homeless and those desperate for medical attention and life-saving aid, help cannot come quickly enough. Ireland along with the rest of the EU, the UN and the international community is doing everything possible to provide assistance and ensure it reaches those who need it most. While many have given up hope for missing family members, search and rescue operations miracu- lously continue to find survivors. On Tuesday four people were pulled from under the rubble by international teams. Yesterday a ten year old girl and her eight year old brother were found and there are reports that a five year old boy has been pulled from the ruins of his home by his uncle. Many hundreds of lives have been saved by rescue teams, both local and international, who are working tirelessly to free those trapped inside collapsed buildings. Inevitably, however, over the coming days the focus in Haiti will move from the search and rescue phase to trying to address the needs of those left homeless by the earthquake. Millions have lost their houses and many others whose homes are still standing are too afraid to return for fear of the after shocks. Medical treatment for the injured is vital. Facilities are improving 861 Haiti Earthquate: 21 January 2010. Statements

[Deputy Peter Power.] as field hospitals arrive, and with them more doctors and medical supplies, but the needs are still overwhelming. I thank Deputy Kenny for his constructive contribution on the Order of Business and am pleased to inform him that Irish Aid has been working closely with the Department of Defence since the disaster struck. Two members of the Defence Forces have joined the technical team which was deployed to Haiti to assess our response. Officials from Irish Aid have been in contact with the Royal College of Surgeons in Ireland to examine how the participation of Irish medical professionals can be facilitated. The technical team will make recommendations on how we can best contribute to relief efforts and Deputy Kenny’s helpful proposal will be incorporated into our response. The risk of infection from delays in carrying out surgery and the spread of disease is enormous and must be dealt with if thousands of further deaths are to be avoided in the coming weeks. The fact that the rainy season is due to begin in March means that the international community has only a limited time to address these issues and avoid a public health catastrophe. I pay tribute to the response of the Irish people to the events in Haiti. The public has demonstrated an extraordinary level of generosity in supporting appeals from NGOs and UN agencies over the past few days. Millions of euro have been donated at a time when many people are feeling the effects of the recession, have lost their jobs or saw their salaries reduced. This level of generosity towards and solidarity with the people of Haiti is something of which all of us in Ireland can be proud. My own Office has received many calls from members of the public asking how they can help. I commend each and every member of the public who has contributed. Their support will mean the difference between life and death for many of those suffering the effects of this disaster. I pay particular tribute to the many Irish people working in Port au Prince and elsewhere in Haiti to distribute aid, provide medical attention and, wherever possible, to save lives. Irish people are daily risking their personal safety to bring relief to the Haitian people. All of those working with the UN, NGOs or as part of private initiatives deserve our recognition and thanks. I am pleased to report to the House that the Government’s response to this disaster was swift and decisive. Within hours of the earthquake, Irish Aid was in contact with NGOs such as Concern and Goal to make emergency funding available. Our mission in Geneva and our emergency and recovery unit were in communication with the UN from the early morning of 14 January to assess the scale of the disaster and likely needs. By lunchtime of that day, we had pledged €2 million to support the initial emergency relief effort. Of this, €1 million was allocated to a United Nations emergency appeal for Haiti, of which €300,000 was immediately paid out to the World Food Programme and the Office for the Co-ordination of Humanitarian Affairs, OCHA, respectively, the latter of which is co-ordinating the international relief effort. A further €250,000 was paid out to the Red Cross and the remainder of the funding is being channelled through NGOs such as Concern and GOAL. Irish Aid, the Government’s overseas aid programme, has freighted 84 tonnes, or 16 lorry loads, of emergency equipment to Haiti. These were transported by air to Santo Domingo from our emergency stockpiles and then by road to Port-au-Prince, where they arrived last night. Included in the shipment are plastic sheeting for emergency shelters, blankets, kitchen sets, jerry cans and large containers for water storage. In total, we have provided enough supplies to shelter up to 8,000 families and to provide them with the water and basic infrastructure needed for survival. The supplies will be distributed by the Concern and GOAL operations in Haiti. I take this opportunity to compliment the work carried out by these and other Irish aid agencies working in Haiti. Three members of the Irish Aid rapid response corps have deployed to Haiti. These are an electrical engineer and an information technology expert, who have been assigned to the World 862 Haiti Earthquate: 21 January 2010. Statements

Food Programme, and a security consultant who will work with GOAL. Corps volunteers provide highly specialised skills to humanitarian agencies operating in crisis situations and can be deployed within days or even hours of a disaster. Other corps members with specialised skills in engineering, logistics and water and sanitation are on stand-by and we expect them to be called upon in the coming days and weeks. We have also dispatched an Irish Aid technical mission to Haiti, supported by a member of the Defence Forces, to assess how Ireland can best contribute to the international relief effort and to make recommendations as to how we should direct our funding. The team will advise me on the short and medium-term needs in Haiti and will liaise with the organisations we are already supporting to ensure that Ireland’s contribution is managed in a co-ordinated and effective manner. Our team arrived last night and has based itself at the airport in Port-au- Prince. The total value of the Government response both financially and in kind is almost €3 million and there is every possibility that this figure will increase further once we have a clearer and more comprehensive picture of Haiti’s needs. This figure is in addition to our ongoing contributions to the United Nation’s central emergency response fund which was established following the 2004 tsunami to provide the United Nations with a ready pool of emergency funding for crises such as that in Haiti. Within days of the earthquake, the United Nations drew down US$25 million to fund the international relief operation and this money has already begun to make an impact. Ireland was one of the countries which pressed for the establishment of the fund. We have contributed €73 million since it was set up in 2006, including €20 million last year. We can be proud that our funds are helping to save thousands of lives in Haiti, as they have in other disaster areas throughout the globe. The Government and my Department drew many lessons from the 2004 tsunami. In the aftermath of that enormous tragedy we reflected on how we, on behalf of the Irish people, could respond more quickly and effectively to future disasters. We identified those parts of the system which could be improved and put in place the structures that allowed us to react quickly to the Haiti disaster. For example, we established the rapid response corps to meet the need for highly specialised skills in a major emergency and to harness the significant talent and volunteer spirit which exists in Irish society. We developed emergency stockpiles of humanitarian materials in depots around the globe, precisely so that we could react as we have done. Thousands of people in Haiti are receiving lifesaving supplies as a result of this initiative. The Irish response is part of a combined European Union relief effort in Haiti totalling €122 million. This was agreed at an emergency meeting of the Foreign Affairs Council which I attended in Brussels on Monday. In addition to this financial support, the Union is providing 400 rescue workers from a variety of member states, as well as field hospitals, medical posts and almost 300 medical personnel. At Monday’s meeting I stressed the need for a unified, co- ordinated approach to the Haiti operation. I also called on our fellow member states to make clear to the people of Haiti that we would stand by them as they rebuild their country. I am pleased the European Commission has indicated it will contribute €300 million to the long- term reconstruction of Haiti. In addition, the European Union will convene or co-convene an international meeting on reconstruction once the initial humanitarian relief phase has run its course. While there has been some criticism of the speed of the international response, the difficulties in getting supplies and workers into Haiti are substantial and have been exacerbated by the almost total destruction of its infrastructure. This was a poverty-stricken country before the earthquake with only the most basic transport and communication network. The little that existed was severely damaged, meaning the international relief effort has had to begin almost 863 Haiti Earthquate: 21 January 2010. Statements

[Deputy Peter Power.] from scratch. The best means of transporting supplies is by sea, but the main port was badly damaged and until last night completely closed to shipping. Even now it has only extremely limited capacity. In addition, the airport at Port-au-Prince is small and ill-equipped for an operation of this size. The road from Santo Domingo in the Dominican Republic to Port-au- Prince is of poor quality and extremely congested. While it is only 300 km long, the journey can take up to 18 hours and security escorts are required in places. Under these circumstances the response of the international community, led by the United Nations, has been commend- able, although admittedly insufficient to meet Haiti’s enormous needs. The Haiti earthquake is a disaster that has shocked the entire world with its scale and inten- sity. The impact on an already vulnerable nation has been catastrophic and it will take many years for Haiti to rebuild itself. Ireland’s response, whether through the provision of much needed funds, through our emergency supplies or our highly-skilled personnel has undoubtedly saved many lives and will continue to do so in the weeks and months to come. That said, it is inevitable that Haiti will continue to require the support of Ireland and the broader international community into the longer term as it rebuilds and slowly makes the transition from relief to development. The challenge for us, and for the rest of the world, will be to stand with the Haitian people during that difficult transition as they reconstruct their shattered lives and country. I am confident we will not be found wanting in that regard.

Deputy Billy Timmins: I extend my sympathies to all the Haitian people who have lost loved ones and suffered catastrophe. I acknowledge in particular the family of Andrew Grene, the Concern employee, and all the United Nations employees who have lost their lives. Every death is a tragic loss and it is awful to see the images on our television screens. One must commend the media, particularly RTE television and radio, for driving home the terrible extent of the disaster. It is unfortunately the case that it is once again one of the poorest parts of the world upon which this catastrophe has fallen. It is akin to the population of Cork and Galway together being wiped out overnight. Haiti was struggling long before this earthquake occurred. It is the poorest country in the western hemisphere, with 80% of the population living below the poverty line and 54% in abject poverty. Moreover, approximately 38% of the population are under 14 years of age. Some 3,000 troops of the United Nations stabilisation force were based in Port-au-Prince before this disaster occurred. Irish Aid agencies and voluntary groups have been active there for some time, and a house-building exercise was recently undertaken by Irish volunteers. I understand Mr. Denis O’Brien is heavily involved there in a telecommunications capacity. One issue on which there is no policy difference in this House is in respect of the work done by Irish Aid. When I became spokespersons for foreign affairs, spokesperson rather, although I accept I do the work of two or three, one of the areas where I considered there might be a gap was in Irish aid funding. Anecdotally, one hears about the wastage of money. We have a good system in place. The Minister of State, since he came to office, and his officials are to be commended on the work they do. While it is unacceptable, some things may go wrong or funds can go astray but what is important is that once problems are detected, they are dealt with and systems are put in place to ensure they do no recur. We should plough on with the current policy. The points I raise are in the context of being constructive in terms of how we move forward. The Minister of State referred to criticism about the speed of the international response. That is something that will come up time and time again. Templates can be put in place but I do not know if a perfect template can be devised for disaster response. We have a modern democracy but we were slow to react when we had snow over Christmas. It took us several 864 Haiti Earthquate: 21 January 2010. Statements days to respond. One can imagine the difficulties one encounters when one is faced with a country many thousands of miles away with an infrastructure that was almost non-existent and that which existed was knocked out, especially the communications system, the airport and the port, which left access by means of a poor road from a neighbouring country. The Minister of State can play a role at European Union level to drive the impetus to establish an international template for disasters. He referred in his speech to the fact that we have learned from the tsunami. I am sure that is the case. It is difficult, however, to put in place a structure and control when a disaster occurs. Things cannot be righted overnight, but a certain system and broad a template could be put in place. I am not familiar with the scheme that was put in place and how we can learn from it. The one thing we learn from history is that things keep recurring. We saw that in terms of the economy. When one reflects on events in the cold light of day it is as clear as the nose on one’s face what will happen. Natural disasters will occur, perhaps not tomorrow or the next day, but they will happen in the future. We must examine the response systems we have in place for them. I acknowledge the role of the Americans. In recent years they have received much bad press in this House. It is important to acknowledge the work they have done. They have positioned approximately 10,000 troops to assist in Haiti. It can be beneficial if an existing structure is superimposed on a place such as Haiti. I saw on television that one local resident said the system there had failed and that the country should be occupied. I am sure that is not the solution but it is of benefit if one can bring organisation and command and control to a disaster area such as Haiti. The Minister of State referred to the many calls he received to his office. I am somewhat critical of the Government even though I am hugely supportive of the concept of the rapid response corps which was mentioned in the White Paper on Irish aid some years ago. My understanding is that it comprises approximately 150 people with expertise who are generally drawn from the public sector and possibly some aid agencies, but I am not sure about that. That corps could be greatly expanded. There are many people in the private sector who are keen to assist in Haiti at the moment but it is difficult to fit them into the existing structure. We need to consider opening up the rapid response corps to the private sector and increase its strength to up to 3,000. I am sure that if the Minister advertised for volunteers to go to Haiti, without any difficulty there would be a queue outside the Irish Aid centre on O’Connell Street as far back as the gates of the Phoenix Park and the North Circular Road. We must harness that potential in a productive way. There is no point in people arriving at the airport with tents on their backs seeking to link up with people to go to Haiti as that would give rise to as much difficulty as it would solve. Perhaps the Minister of State would consider expanding the panel of people on whom he depends for the rapid response corps. ESB personnel went to France when power difficulties were experienced there some years ago. The rapid response corps could be com- posed of different categories that could be used according on the needs of each disaster, for example, medical technicians, engineering technicians and communications technicians. However, the system would have to be formalised at home before one could send out people to various areas. A second aspect of this matter relates to the European Union battle groups that caused much contention in the first and second referenda on the Lisbon treaty. They were depicted as tanks rolling into Baghdad. I can see my Labour Party colleagues empathise with that image.

Deputy Joe Costello: We will put John O’Shea in charge of one of them. He really wants to lead a military force into every country that has a disaster or other problem. 865 Haiti Earthquate: 21 January 2010. Statements

Deputy Billy Timmins: I do not think a sufficiently strong tank has been built to cater for the needs of Mr. O’Shea. They might implode. The image of the EU battle groups is completely at variance with their purpose. They could be equally called the EU humanitarian aid groups. One of their tasks is humanitarian aid. They comprise 1,500 personnel. The current one is Polish-led. It has trained for six months and is on stand-by for six months and is ready to move within 15 days. I am sure its centre of operations has a plan in place to move at a day’s notice if it had to go to Haiti. The great thing about the battle group is that the structure is already in place and it could be allocated to an area. The EU has given approximately €120 million and has pledged another €300 million. We should consider the concept of making personnel available. The Secretary General of the United Nations, Ban Ki-moon, has sought additional personnel. However, with the best will in the world, bringing people through the UN structure can be difficult, as one is involving several different nationalities who have not trained together or met beforehand. Speed is of the essence in such cases. The Government could push to see if there is a requirement that the EU would be ready to send what I will call a humanitarian aid group to assist. We have a commitment to that concept but this country is not on-call, so to speak, until the first half of next year. The rebuilding of Haiti is another issue. Everything has a cost, but we should bear in mind that when the country is being rebuilt it should be done in such a way as to ensure it is earthquake-proof, if that is not too strong a description. The buildings must be constructed in such a manner that the possibility of them falling down again is limited because, as sure as night follows day, there probably will be an earthquake there again in the future. Another issue I wish to raise relates to the aid agencies. The Minister referred to it yesterday. One sees advertisements on the television urging people to donate to several different aid agencies. I accept we cannot be too prescriptive in this House but it would be useful in terms of economies of scale and the development of expertise if, under the auspices of Dóchas, aid agencies would consider taking a geographic area each rather than spreading themselves too thinly over too many areas. For example, it would be wonderful if Concern was the only aid agency in Haiti. Perhaps the Minister takes a different view, but it would be so much easier to channel aid, assistance and development. Instead of answering the calls of ten different agencies, one would be dealing with one agency responsible for a specific area. That is something the aid agencies must consider. It is my understanding that there were only three aid agencies with Irish connections operating in Haiti prior to the disaster, namely, Concern, Christian Aid and Médecins Sans Frontières.

Deputy Michael D. Higgins: Haven was there.

Deputy Billy Timmins: Was Haven there?

Deputy Michael D. Higgins: Yes, it was.

Deputy Billy Timmins: I can understand that aid agencies want to help when something happens but it can cause difficulties for existing aid agencies when others try to get established. Perhaps the Minister could consider bringing the aid agencies to a forum to consider what could be done. It might not be possible to achieve. We have three farm organisations in this country and three or four football associations. As we heard this morning there are several different university organisations, several political parties and parties within parties——

Deputy Peter Power: Would the Deputy subscribe to the one-party concept?

Deputy Billy Timmins: The one-party concept has not served this State well but that will change shortly. 866 Haiti Earthquate: 21 January 2010. Statements

Deputy Michael D. Higgins: It is a blast from the past.

Deputy Joe Costello: We have had too much of the one-party concept.

Deputy Billy Timmins: Too much of it is a bad thing. I am a great believer in economies of scale. One can have one organisation, one job, or one organisation, ten jobs, but not ten organisations, one job, because the job would not be done as effectively as it could be. That is something we could consider. I know there is competition between aid agencies for media space and fund raising, and every one of them has very honour- able intentions and makes a contribution and plays its own part. However, if the effort was more streamlined and focused, everybody might benefit. The Minister of State referred to the challenges that face us in the future. Would it be possible to take refugees from Haiti and should this be considered? Would it be of benefit to the Haitian people? I am not sure of the answer but attempts are being made in Haiti to get those people in the capital to go back to the provincial regions from which they came to take the pressure off the capital. As I am sure the poverty in the regions is far greater than in the capital, this may not be an option. I am not sure this possibility is being examined or whether it could be a solution, but if it could alleviate the plight of Haitians, we should consider taking refugees from Haiti. God knows, we have enough empty residences throughout the country that could house people. To recap, I empathise with the people of Haiti but I recognise that this alone is not good enough. I believe the Government has acted in a constructive and positive manner. There is a great willingness on behalf of Irish people to assist. Every time there is a disaster, no matter how bad things are at home, Irish people put the best foot forward. What we must do as a country is ensure that this energy and commitment is channelled in the right direction and that people have an opportunity, through a structured system, to go and to assist. I am not sure that this system is in place at present, with the best intentions in the world. This event drives home the extent of the poverty that exists across the globe. It is Haiti today but it could be Indonesia, Thailand or somewhere else tomorrow. We should never lose sight of the fact that, irrespective of how bad matters are financially here, and there is a temptation to cut the aid budget which has suffered in the past two years, we should hold what we have at present. I say to the Minister of State to keep up the good work. Any support or assistance we on this side of the House can give will be given. When we put out statements or other information, it is not as a criticism but by way of trying to be constructive.

Deputy Michael D. Higgins: I wish to share time with Deputy Joe Costello.

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

Deputy Michael D. Higgins: I am very happy to support the presentation on the disaster that is taking place in Haiti and the regular flow of statements that have come from the Minister of State. I agree, and it is very important, that in Parliament we would convey our sympathy to the people of Haiti. Tragically, the figure for those who have lost their lives is probably as high as 200,000, with 250,000 people who have serious injuries and 1.5 million who have lost their homes, and it is calculated that 2 million need serious assistance and 3 million have been affected. Taking this debate where I believe it should go in regard to our positive response, the Irish public who are listening to or watching our proceedings should be thanked for their generosity apart from the State aid that has already been committed. While we will turn in a moment to the analytical or logistical difficulties that arise, the first point I would make from my own 867 Haiti Earthquate: 21 January 2010. Statements

[Deputy Michael D. Higgins.] experience and knowledge is that every donation that has been made by an Irish citizen is needed, is being well spent, is welcome and is contributing positively to the reputation of Ireland. Such contributions, joined with the Government contributions, are how we are seen. While people may say in the case of the tsunami or Somalia that this happened or that happened, the interesting point is that the kind of contributions that were made in Ireland were found, after the examination post tsunami, to have been the most effective on the ground. That having been said, Haiti is not a blank page. Two years ago, it experienced hurricanes. I calculate that approximately 10% of what was pledged by major donors to Haiti two years ago has arrived on the ground. The commitment for post hurricane reconstruction was at one stage of the order of €400 million. There will be many excuses with regard to civil society, whether the structures were in place on the ground and so on. I want to report positives in this regard, in particular the reception given to the vital assistance being provided by the United States military at this time, which is welcome and a great opportunity for the view by Haitians of their neighbour, the United States. It is something to be built upon. There is great importance attached to the construction of what one is doing, why one is there and what is the purpose behind one’s aid. This is reflected in the difficulty, for example, of finding acceptance for less than 1,000 troops in the Dominican Republic, the immediate neighbour. Haiti is not a tabula rasa. It comes with a certain kind of history — poverty neglected, international commitments not delivered, a president elected but gone into exile and now living in Cape Town, a military usurpation of democratic choice and, following that, a lacuna which produced serious factions which damaged the civil society. I want to be positive, however. It is incredibly important to concentrate on the post disaster reconstruction effort. It is very important to be able to build on the new awareness that will be there and to create something new. In regard to Aceh, for example, the single biggest capital project coming from the United States, which is of a road infrastructure type and valued at approximately $240 million, is just now being done. In that case and others, the Irish public need to be told this information. It is not a case for stopping giving to these organisations, because they can be very well co-ordinated through Dóchas. If there has been a failure of donations, it is not this that has actually gone wrong. It is often a case of pledges which have not been delivered by very serious donors. My other point concerns the media. I would hope the media will give time and space to a consideration of the future of Haiti. I was present in Somalia during the Somalian famine, when one could hardly move given the number of cameras in one’s way, be it in the refugee camp in Mandera in the north or, where I was, in Baidoa, where people were dying at a rate of 130 a day. As soon as there had been a bogus landing in the middle of the afternoon, allegedly to protect warehouses, the international media flew away. Somalia deteriorated into being a stateless place. It was taken over by different factions but, all of the time, the structure had been there upon which a future could have been constructed. I refer explicitly to the clan system, but Western thinking was not able to take the clan system as a good basis for the reconstruction of the civil society. It is necessary to see past where we are now to find how Haiti can be reconstructed, internally as well as with regard to its relationship with its neighbour. There is also, for example, Lara Marlowe’s report today on Captain McInerney’s views of what he is doing there and what it is like to be welcomed. Indeed, as the President said in one of his rare interviews, when one has a need like theirs, one does not matter who is landing on the grass. I support that approach as it is desperately needed to save those lives which can be saved. It is also necessary to deliver the required medical facilities while early amputations are being performed and where life itself is at stake. 868 Haiti Earthquate: 21 January 2010. Statements

During discussions on the reform of the United Nations the idea of a United Nations-led logistics unit became a wonderful prospect. Such a unit would have been in the best position to balance the separate logistical requirements of civil and military responses. Both responses are needed but there would be an acknowledgment of legitimacy for a unit led by the United Nations which was capable of balancing two systems of intelligent logistics and their delivery. The strengths of the NGO sector lie in its capacity for assessment on the ground and distribution. In Somalia, one of the biggest issues was around tracing people. People who have lost children or elderly relatives will be anxious to find out where they are. The various agencies, such as the International Red Cross, do different things and require different expertise. I am very happy with the quick response of the Irish Government and the fact that it reports to us on its meetings in Europe. I am less than happy at the response of Baroness Ashton because this is an opportunity to give leadership. We are not simply adding in a European Union component and I would like the European Union to ally itself to the United Nations hegemony in its response. In fairness to people whom I have often criticised, the US Administration would have welcomed such an arrangement as it would have enabled it to get on with what it is good at. This is the largest blow a United Nations body has taken in terms of the loss of personnel on the ground. I associate myself with the sympathies already expressed on that matter. Never- theless the UN presence, which numbered 7,000 before the earthquake and until the point the hurricane hit, was perceived by many as not so much preparing for a new Haiti and moving on towards reconciliation but keeping people quiet by suppressing all the different political opinions. New skills are required, not just in logistics but in how one reconstructs a place, taking history into account while creating models for the future. There is a role for applied political science in this regard and there is an opportunity to create new balances among the neighbours in this region. The Dominican Republic had a special relationship with the Bush regime but that is now changed and the Obama regime is trying to create a new international image for the United States. The positive actions of Irish donors, including NGOs and the Irish Government, have been of immense value to the reputation of our country.

Deputy Joe Costello: I wish to be associated with the expressions of sympathy and condol- ence to the Haitian people, the United Nations personnel who lost their lives, the Concern employee and the Irish citizen working with the United Nations. This is a tragedy of colossal proportions. In the tsunami five years ago between 150,000 and 160,000 lost their lives whereas the estimate in Haiti is already 200,000 and growing in what is a small country of 9 million people. It is a huge disaster and a terrible tragedy. It is not simply an act of God as there has been massive poverty and mismanagement in Haiti for generations, which has given rise to the absence of proper infrastructure. In the case of housing, much accommodation is in the form of shanty towns unable to deal with something as substantial as a major earthquake or its aftershocks. Many people are living out in the open and afraid to go back to their collapsed or semi-collapsed homes because of what might happen. Haiti was a disaster waiting to happen. An increasing number of events have given rise to similar disasters such as the tsunami and we can almost predict that what has happened in Haiti will happen again in a few years in some other part of the world. The public response has been excellent. The lord mayor has organised a collection in the past week for organisations such as Goal, Trócaire, Concern and the Red Cross and the response has been unbelievable. I have no doubt the public response will far exceed the national response, which has also been very good 869 Haiti Earthquate: 21 January 2010. Statements

[Deputy Joe Costello.] and I compliment those involved on how quickly it has been put together. I also welcome the way in which the disaster fund has been supported by the Irish Government. There is a plethora of NGOs, some of which have had no previous contact with Haiti and that is part of the problem. Individual activities by different countries and by different organisations are well intentioned and the aid is pouring in but it lacks co-ordination. It lacks direction, focus and leadership and a centralised approach is needed. We must learn lessons from that because what has happened in Haiti will happen elsewhere before too long, as we knew that what happened when the tsunami struck five years ago would happen again. The European Union is the largest single aid donor in the world and we are part of that organisation. Since the Lisbon treaty we have moved towards the European Union becoming an entity which is very much concerned with providing world leadership in humanitarian aid and attempting to end world poverty. We have established a High Representative 12 o’clock for Foreign and Security Policy and are in the process of establishing a new external action service. We have a solidarity clause which commits each member state to offer mutual support if there is a natural disaster of this nature. We should expand that policy on a global basis. We act in conjunction with the United Nations and in the conference the EU will shortly hold on reconstruction the first item on the agenda should be the logistics of natural disaster rapid response co-ordination under a centralised national aid agency leadership. Some €4.5 billion has already been collected by a similar international meeting in Sharm el Sheikh, held a year ago for the reconstruction of Gaza, but because of the intransi- gence of the Israelis not a single penny has been spent. The European Union is the body to show the necessary leadership as outlined in the Lisbon treaty which we have now adopted. I would like Ireland to press for a huge new initiative under the auspices of the European Union in regard to future disasters because such an initiative has been missing in regard to this tragedy, notwithstanding the enormous goodwill shown by discrete aid agencies around the world and the Irish public. Rarely has less than €20 been dropped into collection tins in Ireland to help the victims of the earthquake and €50 is the norm. It is a colossal contribution but we should ensure structures are in place to guarantee that a focused, co-ordinated leadership is given to such disasters in the future.

Deputy Aengus Ó Snodaigh: Ba mhaith liom comhbhrón ó chroí adhéanamh thar chionn Sinn Féin agus thar mo chionn féin le clann Andrew Grene a fuair bás sa crith talún i Haiti. Bhí sé ag obair ansin mar cuntóir speisialta do cheannasaí na Náisiúin Aontaithe i Haiti. Déanaim, dar ndóígh, comhbhrón ó chroí chomh maith le gach clann agus le stát Haiti é féin agus le aon duine a chaill gaol sa tragóid mhóratá tar éis tarlú agus atá fós ag tarlú i Haiti. Last Tuesday’s earthquake in Haiti, measuring 7 on the Richter scale, was a tragedy of epic proportions. Like millions of other people, I have been watching the unfolding humanitarian crisis there with a sense of horror and helplessness. The UN Secretary General, Ban Ki-moon has described it as the worst disaster in decades. Now that we have seen the full scale of this tragedy we would agree about the scale of the disaster. Up to 200,000 people are feared dead, many more are injured and some are still trapped in the rubble. The UN has confirmed that 37 of its staff were killed, 150 injured and 300 are missing. Up to 1.5 million people have been made homeless in a very short period. This has happened not as a result of a war that was waged over months but it happened in seconds following this event. The full scale of the tragedy is still unfolding as people move out of the capital and see the effects of disaster. There have also been aftershocks and the scale of the aftershock yesterday with possibly more to come is worrying. 870 Haiti Earthquate: 21 January 2010. Statements

The UN has estimated that 3 million people in need of aid and food. Haiti was one of the poorest countries in the region, which was totally dependent on the UN and other food aid, and added to that it has now suffered this environmental disaster. The figures are staggering and it is hard to capture that scale of the disaster. Some sections of the media have managed to do so. It brings into perspective the effects of the flooding that occurred here in recent months. Considering what people here have gone through, their response to this disaster has been tremendous. People understand that it does not matter how bad we think things are here, there are people who are much worse off. There has also been a huge response to this disaster from countries throughout the world. Large donations of money have been pouring in from all over the world and that is to be welcomed. The World Food Programme has pledged 15,000 tonnes of food and the UN has also stepped up to the mark. Millions of euro in aid has been given to Haiti and the response by the Government has also been tremendous. In addition to the €20 million already donated to he European emergency fund, more is pledged. While I may be critical of the approach of some Irish aid organisations, the response of those organisations that have been actively working on the ground and who understood the scale of poverty in Haiti has also been tremendous. I encourage people to help them in whatever way possible. These organisations have been struggling to cope because of the economic downturn, yet they managed to step up to the plate and have their volunteers in place ready to deliver aid. While the response of the international community has been extremely generous, the aid is only stating to trickle down to some of the people affected. It is a pity that has taken so long. That is one of the criticisms of the response and one of the features following every natural disaster. I recall during the debate following the tsunami a few years ago we asked why did it take so long for aid to be delivered to the people in Sri Lanka. The world has to get to grips with that issue. That is one of the reasons we have the United Nations. It is also one of the reasons we need a civil rather than a military response, a point to which I will return. Within the western world, the rich part of world, we require to have on stand-by a better, quicker and more urgent response to natural disasters. Many of the earthquake victims have been left to fend for themselves. The relief has been hampered by problems such as the lack of coordinated planning and infrastructure within Haiti, which has not helped matters. There also has be something of a state of paralysis among some of the agencies and the commentators about a much hyped security problem — I believe it is much hyped — in the capital and outside it. Earthquake survivors have been left to fend themselves because aid has not reached them. In those circumstances people will scavenge for food. This is survival. Aid is not available. Some people call this looting but it is survival. A refusal to deliver aid to those areas exacerbates the problems in those areas. I urge people to read an article in the today’s edition of the The Guardian by Ingio Gilmore, a journalist, who has managed to get into Haiti. The article states:

As a member of the media covering the tragedy in Haiti, it’s with a sense of alarm and astonishment that I’ve witnessed how some senior aid officials have argued for withholding aid of the utmost urgency because of sensational claims about violence and insecurity, which appeared to be based more on fantasy than reality.

This is a good article. It is critical of GOAL, undeservedly so in some ways, but the journalist has simply reported what the leader of that agency has said in this respect. I have seen such reports in the media including on RTE. A few nights ago there was coverage of the reporting of violence and gangs there but Charlie Bird then reported that there was no violence. Who is one to believe, one’s own person on the ground or a story that is being created to instill a sense 871 Haiti Earthquate: 21 January 2010. Statements

[Deputy Aengus Ó Snodaigh.] of instability and insecurity and justify hundreds and thousands of soldiers being put on the streets, an issue to which I will return?

The article also states:

Any violence is localised and sporadic; the situation is desperate yet not dangerous in general. Crucially, it’s not a war zone; it’s a disaster zone — and there appears to have been little attempt to distinguish carefully between destructive acts of criminality and the behaviour of starving people helping themselves to what they can forage. For Haitians and many of those trying to help them, the overriding sentiment is that a massive catastrophe on this scale shouldn’t have to wait for aid because blanket security is the absolute priority.

It has been tremendous to see the work the Haitians have been doing to pull themselves together and it shows that human beings have a capacity to pull together and overcome adversity. Heroic efforts have been made by aid agencies and those on the ground to try to overcome the effects of the disaster and to start planning for the future because people cannot continue to live in tents and buildings that have half collapsed. The difficulties have raised questions about the ability of the international community to organise a relief effort of this magnitude. One of the factors that has contributed to the scale of the disaster was the lack of proper infrastructure and proper building practices in Haiti in the first instance. It is one of the poorest countries in the region and before the earthquake 80% of the population was unemployed and 60% of the people were living in abject poverty. There were major problems in Haiti before the disaster, much of that has contributed to the chaos in the first few days after it. Since achieving independence form the French in 1808, Haiti has had a turbulent history of unstable government and foreign intervention that has left the economy in a weak state. It only produces 40% of the food it needs and up to last week more than half of Haitians lived on only $1 a day. There are very few paved roads and minimal utilities. Since 2004, when President Aristide was overthrown in a violent coup and the country was convulsed into violence by rival gangs vying for power, order has been maintained because of UN interventions. As if this were not bad enough, there have been a number of other natural disasters in recent years. Severe flooding in 2004 left 2,000 dead. In September 2004, Hurricane Jeanne left 3,000 dead because of flooding. In 2005, more people were killed and much destruction caused by Hurricane Dennis. Previously, in 1998, hundreds had been killed in violent storms and hurricanes. That was what the Haitian Government already had to cope with. The weakness of the Haitian economy has meant that investment in infrastructure has not been sufficient. That is one of the key issues that will need to be dealt with when we are past the immediate aftermath of the latest disaster. Haiti and its infrastructure will need to be rebuilt and that will require long-term investment, not just a disaster fund. The collapse of public buildings such as the Parliament building and much other Government infrastructure in Port- au-Prince was one reason for the initial lack of co-ordination among the Haitians themselves. In the aftermath of the earthquake, the Red Cross found there were no state ambulances. That puts into perspective what the aid agencies and other bodies are attempting to deal with when they get there. I pay tribute to all those who are contributing towards the rescue effort and I encourage people, if at all possible, to contribute more. The agencies are performing a great service under the most trying circumstances. However, there are some countries that seem to be treating the disaster as a PR exercise, and we must ask why these nations were not doing more to help Haiti before this disaster, in view of the fact that some of them are former colonial powers which are largely responsible, through their actions over centuries, for the decline in states such 872 Haiti Earthquate: 21 January 2010. Statements as Haiti and have profited from the injustice of colonialism. They should be providing more aid on an ongoing basis and not just in the event of a natural disaster. I also wish to highlight the positive role being played by other countries in the area. For example, Cuba, one of Haiti’s neighbours, had 400 medical staff stationed in Haiti even before the earthquake, and they have managed to keep the hospitals open as well as setting up field hospitals and so on. This type of attitude and the solidarity and generosity from the Cubans and others has been replicated in Ireland. There is too much reliance on the armed forces in responding to international crises, and we must consider the implications of this for national sovereignty and sensibilities. In particular, when we consider the role of the USA in Haiti, I find it questionable that it should be in charge of the overall effort. The UN needs to assert its authority and ensure that the US troops remain for only as long as required in the immediate aftermath of the disaster, allowing the UN to take over as quickly as possible. Haiti must be rebuilt properly, with a sustainable economy and a sustainable infrastructure. Otherwise, we will be revisiting this issue at some stage in the future.

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I thank Members on all sides for their contributions, which were extremely constructive and, in many cases, complimentary. It is very much appreciated by the Government, given that this is a non- partisan issue. There were so many constructive suggestions that I would like to discuss every one of them, but time will not permit. Thus, I will discuss the two or three themes that were common to all contributions. The compliments to Irish Aid and my officials are much appreciated. They have been working flat-out over the past eight days to deal with this issue and make sure our response is comprehensive, co-ordinated, swift and decisive, and it has been all of those things. The speed of the response from the international community was raised by all speakers. We must appreciate that no matter how quick a response is, it is never quick enough; it can never be instant. We must remember that the circumstances are unique: Haiti is a country that was already on its knees, with an extremely poor infrastructure which is simply incapable of absorb- ing the international response, although many countries desired to respond very quickly. Both the UN and Ireland have learned lessons from previous disasters and have pre-positioned stocks around the world. The aid that was sent would not have arrived anywhere near as quickly if we had not done this. Deputy Timmins mentioned the Rapid Response Corps, which was established in response to the criticism, after the 2004 tsunami, that a huge number of people arrived on the scene at once and were falling over each other and generally getting in the way. What is needed in the immediate aftermath of a disaster is a small number people who are highly skilled in logistics, communications, medical treatment and so on, and that is what we have put in place. We have contributed a substantial amount of funding which the UN can draw down immediately, such as the OCHA and CERF funds, to which we have contributed €73 million. Deputy Higgins raised the important issue, which was common to all contributions, of the role of the UN in this and future disasters. In the immediate aftermath of the earthquake, a military-style response was required and, thankfully, because of its proximity to Haiti and its shared history, the United States, with its military hardware and infrastructure, was able to respond quickly. I have no doubt the disaster would have been much worse were it not for the military infrastructure and the ability to respond quickly. If the disaster had taken place on the other side of the world that would not have been possible, and for this reason the UN must 873 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Peter Power.] have a rapid response infrastructure. That point was well made. The role of the United States has been admirable and crucial in terms of saving lives. Deputy Timmins mentioned the issue of aid agencies and I agree with many of his points. I do not think we can be prescriptive when it comes to our own aid agencies; they are, after all, voluntary and non-governmental organisations. Concern has been in Haiti for many years. This morning, I received a briefing from Tom Arnold, who has just arrived back from the area. He mentioned some of the same concerns that Members have about security in Haiti. It has been sometimes overstated and sometimes understated, but the situation is fragile. I will raise Deputy Timmins’s views with Dóchas to see whether we can arrange for a more co-ordinated response from the aid agencies. As I said, time does not permit me to go into detail on all the issues raised. However, there is one issue that we will deal with in the House again and again. When all the cameras are gone and the television crews have moved on to the next disaster, the people of Haiti will still need our help and support. I made this point forcefully at the European co-ordination meeting in Brussels on Monday. Rather than saying we will contribute €300 million or €500 million, we need to make a firm political commitment of solidarity with the people and ensure that we are there for the long haul to assist with long-term reconstruction. In Brussels, the French Minister of State for co-operation, Alain Joyandet, who had just come back from Port-au-Prince, said that such was the nature of the disaster, we would need to talk about building from scratch rather than reconstruction. What we have heard from members of all parties today is that the Haitian people have our support and solidarity. The undoubted resilience that has been referred to repeatedly will be matched by a long-term commitment by the Irish Government and people.

Adoption Bill 2009 [Seanad]: Second Stage (Resumed).

Question again proposed: “That the Bill be now read a Second Time.” Deputy Brian O’Shea: I am delighted to have an opportunity to speak on the Adoption Bill, on which I have received more personal representations than on any other issue in recent times and about which there has been much anger, sadness and worry. On the positive side, one of my wife’s relatives, who was one of the lucky ones, adopted a little boy just before the Christmas before last. I have never seen a child who has brought more joy to more people than has this child. While that is the positive side of adoption, the negative side is represented by one family in particular, which has had a room prepared and furnished for more than 12 months and for which the recent announcement in regard to the curtailment of activity with Vietnam has come as a great blow. The mother concerned asked me why Deputy Barry Andrews did not make this announcement sooner. While I accept issues arose pertaining to the UNICEF ISS report and so on, should some action along the lines agreed recently by the Adoption Board not have been taken last August, when the draft report became available? I refer to the recent agreement by the Adoption Board regarding particular arrangements whereby all couples and individuals who currently possess a declaration of eligibility and suitability for Vietnam may select a new country from which to adopt, subject to the usual submission of a change of country report to the Adoption Board, and also may retain their place in the current Helping Hands Adoption Mediation Agency, HHAMA, list for Vietnam, which is being maintained. I acknowledge this was a draft report and I accept the Minister’s position that sometimes it is dangerous to make decisions on the basis of a draft report. However, clear indications were evident regarding the status of the matter and a statement regarding such an agreement with 874 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed) the Adoption Board should have been issued last August so that people who still hoped that Vietnam would open would not be left in the lurch. The aforementioned woman has suggested that the Minister of State should apologise to those who have been caught in this position. They consider themselves to have lost six months and are putting the blame at the Minister of State’s door. I make this point because it is how those who have contacted me feel. The Labour Party welcomes this Bill and considers the ratification of the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoptions to be long overdue. As my colleague, Deputy Jan O’Sullivan, pointed out at the outset of the Second Stage debate, Ireland signed the convention in 1996 but will be the last of the receiving states to ratify it. Nevertheless, the Labour Party fully supports the Bill, at the core of which is the safety and welfare of children. While this is exactly as it should be, there are other issues, such as the anguish it causes to families who cannot have children. Anguish grows when prospective parents are obliged to work their way through a difficult and time-consuming adoption system. More sensitivity could have been shown to those who were in the process of having a child adopted from Vietnam. However, that now is in the past. My first significant involvement in respect of adoption as a public representative related to Romanian adoptions in the early 1990s following the fall of the Ceausescu regime. I remember the joy of those who previously had been experiencing great difficulty in adopting because, as Members are aware, the pattern of availability for adoption of children in Ireland had changed over a long period and the number of children now is small in relative terms. However, bearing in mind the type of representations I have received, the most important issue on which I must focus is the entire area of transitional arrangements as we move from the current position to that envisaged in the Bill. This Bill, which hopefully will be passed soon, will give force to the Hague Convention. Article 41 of the convention states “The Convention shall apply in every case where an application pursuant to article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.” In addition, I seek clarification in respect of section 63 which refers to transitional arrangements and which states “If immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under the Act, the adoption may proceed under this Act as if it were commenced under this Act.” I intend to read out a sample of the representations I have received on this matter and the Minister of State should respond to them at the conclusion of the Second Stage debate. I represent people who have grave concerns and who are living with this issue on a day-to-day basis. Members handle legislation in the Oireachtas and know there are reasons for legislative delays. Obviously, legislation must be scrutinised and so on but such people wake up to and go to bed with this issue every day. The first sample is from a couple who live in my constituency and states:

We are adoptive parents and members of the International Adoption Association. We are currently in the process of adopting a second child from Russia. As you may be aware Irish couples will not be permitted to adopt from Russia when the Adoption Bill is enacted (i.e. until such time as Russia ratifies the Hague Convention). We wish to bring to your attention the totally inadequate transition arrangements in the Bill. We are likely to receive a referral in the coming weeks [this letter is dated 11 October] and hope to travel to Russia to meet a child before Christmas. If everything works out we are likely to be travelling to Russia to effect the adoption and bring home the child in March/April 2010. If the Bill is enacted in the meantime, i.e. between trips, we will not be permitted to adopt the child and the child will have been denied the opportunity of a family life. 875 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Brian O’Shea.]

We would he very grateful if you would support ourselves and the International Adoption Association in including some form of transition arrangements whereby couples who have received a referral and who have been approved by the Adoption Board could effect that adoption. We would be grateful if you would raise this matter with the [Minister and in the debate].

These reasonable people are excellent parents who are highly committed to bringing a second child into a family in which it would be given an excellent opportunity in life. They are living this from day to day and they do not know where they stand, particularly if the Bill, as I hope it will, passes into law quickly. Their fear is their second adoption will be prevented. I received a letter from another couple on 2 November under the heading, “New Adoption Bill/Bi-Lateral Agreement between Ireland and Ethiopia”, which states:

We have been approved in Ireland for a second adoption. We already have a little 21/2 year old girl adopted domestically whose birth father is African. We applied to Ethiopia back in April, 2009 and we are currently on the waiting list. We have completed our legal work here and have had our vaccines. We should not be waiting too much longer to be called to Ethiopia to begin our adoption legally in Ethiopia but for the moment waiting on a referral of a baby. There is a new Adoption Bill and will be introduced into the Dail Eireann. The Bill has been already passed by the Seanad and when passed, will finally allow Ireland to ratify the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (the Hague Convention). Such ratification we strongly agree with but have concerns and wish there be clauses in the Adoption Bill to protect us. The Law is expected early 2010. We would like there to be a Bi-Lateral Agreement set up between Ireland and Ethiopia. We would like there to be two clauses in the Bill. Transition/Interim Clause & Grandfather Clause. At the moment it is legal for us to adopt a baby in Ethiopia and return to Ireland, however the legal process can take 8 weeks and more in Ethiopia to complete, we may be out in Ethiopia when the law here changes and this leaves our new adopted baby in limbo when we return. We want to be able to complete our adoption. We want to be protected by the Grandfather Clause that in time we would be allowed to adopt another baby in Ethiopia under the grandfather clause. Mr. Brian Lenihan T.D., then Minister for Children clearly indicated that there would be a grandfather clause” in the Adoption Bill. In it’s 2005 Annual Report, the Adoption Board also reported that there would be such a clause. The lack of a grandfather clause is not in the best interests of our existing children. This can be done by re-introduce the grandfather clause, and this can be accomplished by deleting section 81(1)c. It is unethical to have let us apply to Ethiopia and use another country’s resources be strained further in dealing with our application if we were never going to be allowed to legally complete our adoption. It was not in the best interest of our daughter to be given a life vaccine for yellow fever in the belief she was coming to Ethiopia and enjoy the adoption process of her brother or sister if the law here was going to change and stop us from completing our adoption. We have already completed our legal work here in Ireland which we need to send to Ethiopia. No fee is charged by Ethiopia for adoption either by the State route or by Sr. Luthgarda’s children’s home the only two children’s homes we have our names on the list for. Therefore there is no room for corruption and babies are genuinely in need of loving families and it is 876 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

in the “best interest of the child”. We have all the love in our hearts to love a child from Ethiopia and celebrate Africian culture. We are supported by our extended family and community. We want to know what information the Minister Mr. Barry Andrews received that made him change his mind from when it was legal for us to apply to Ethiopia for adoption to this turn around to make it no longer legal for us to continue and proceed with our adoption if the Bill is passed by the Dail and written into law in early 2010. We want to know How the “Best Interest of the Child” has changed.

The final letter I would like to put on record states:

The Adoption Bill, in its current format will mean that Irish people will hot be able to adopt from Countries who have not signed the Hague Convention. The majority of these countries do currently Operate to Hague Standards, which is the current criterion for international adoptions; to be affected here. Barry Andrews has made us believe that this Is essential as it is a requirement of the Hague Convention. However we found out the Annual Conference of the IAA in the Carlton Hotel Dublin Airport that this is not so. Jennifer Degeling, Secretary to the Permanent Bureau of The Hague Conference on Private and International Law gave a presentation and explained that there was nothing in the Hague Convention which prohibits a Hague Signatory from adopting from a Non Hague Country. . . Barry Andrews and his department have taken it upon themselves to insert extra conditions in the Bill which are totally unnecessary. These conditions will prevent people from adopting from countries which have yet to sign to the Hague Convention even though the highest standards of practise are in place in the past few years. In excess of 2/3 of adoptions to Ireland have been from Non Hague Countries. These countries will be closed to adoptions if the draft bill is not changed to allow adoptions to place from countries which operate to Hague standards. Barry Andrews said earlier this year that there would be a transitional period to allow people in the process of adopting from Non Hague countries to complete the adoption once the Adoption Bill is brought into law. He did a U-turn on this fact last week when he said that there would be no transitional period whatsoever. This is unbelievable when you consider the ridiculous amount of time that the process takes in this country. If transitional periods are not put in place it will not be possible for us to complete the adoption process with our chosen country, this is despite the fact that we were issued a license (Declaration of Eligibility and Suitability) to adopt from this county. The standards in our new chosen country are exemplary and meet Hague Standards, but this country is not a Hague Signatory. In his speech on Saturday 10th October in the Carlton Hotel he [the Minister of State] said that “Adoption has always been a fluid process” and that “Countries have always opened and closed”. In short I felt he was telling us “Countries open, countries close...getover it”. I found this utterly reprehensible that “The Minister for Children”, would have such little regard for children. The countries he plans on closing are extremely poor and are more focused on feeding their people than signing the Hague Convention; he plans on consigning these children to a childhood in institutional care despite the fact that adoptions from these countries are as safe as any other country. The credo of the Adoption Board (and rightfully so) is that “Adoption is a service for children”, I believe in this credo 100%. How will the Adoption Bill help children in institutions in poor countries whom have yet to sign the Hague Convention, but do operate to Hague standards. 877 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Brian O’Shea.]

In his opening contribution the Minister of State said he had asked the Adoption Board to examine the adoption codes of Brazil, the Philippines, South Korea and Thailand with a view to commencing discussions to put in place administrative arrangements that would facilitate inter-country adoptions with Ireland, which is welcome. Could he not have done the same in regard to Russia, Ethiopia and Kazakhstan? To bring the matter up to date, what role will Ireland play with regard to the children orphaned in Haiti? Can the Minister and the Adoption Board take urgent action so those parents who want to adopt will have the option of taking children out of this terrible disaster area which has just been discussed in the House in another context? I look forward to the Minister of State’s response at the conclusion of Second Stage. Does he believe the issues raised by my constituents and which I have presented to him can be accommodated in present legislation? If the legislation cannot accommodate them what measures will he put in place and what amendments or changes will he make to the legislation to accommodate the very fair case that people have made with regard to completing adoptions in train and to continue adopting from countries from where they already adopted under the process as it stands?

Deputy Damien English: It is good to see the Minister of State present for the debate because it is a very emotive issue and one which probably touches everybody but mostly the parents and children involved in the process. It is obvious that everybody speaking on the Bill has been contacted by and has engaged with people involved. The process may have failed them or they may have been very successful but we have all dealt with such people over the past year. This has become a very serious issue and one which has time implications, be it for the child to be adopted or for the many children who remain unadopted in some countries, whatever future lies ahead for them or for the families engaged in the process who want to do the right thing for all concerned and to have an opportunity to raise a child in a good solid home. I welcome the Bill but I must question why it has taken us 14 years to get to this point. I accept that like myself the Minister of State was not a politician 14 years ago; perhaps he thought about it then. I did not read his script so I do not know whether he gave an explanation. I wonder why it is often years later that these matters are rushed through when they could have just been dealt with years ago and put to bed. So much time goes to waste here on unnecessary debate, time wasting, days lost and no sittings on Mondays or Friday. Issues such as this could be passed through the House and be put to bed once and for all. If we took action years ago, we might not have had the situation that we had for the past 12 months whereby many couples have awaited information and decisions because we would have had clarity and information. I do not understand a system that leaves a matter such as this to one side for years. Is it because it was not being pushed by anybody or a group did not exist? It is a shame that it is causing grief to many people in the year it is due to be finalised. However, I will not dwell on this point. The Bill modifies the Hague Convention and that is great and will benefit everybody. It is the proper way to go and nobody here is speaking against it. I will speak about other issues that could be dealt with in the Bill but they have not been included. What parents have to go through in the adoption process is unreal and it is not right. For the majority of parents I met the process has taken four or five years. That is not right or fair, particularly if a child has been chosen and might be one and a half or two years old by the time the adoption process is completed. That child misses out on vital time to be given a good opportunity in life and might suffer in the long run because of it. The Government speaks about early childhood intervention but because of red tape and slow systems, and I accept this is the case not only in this country, 878 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed) some children get left for too long and suffer in the long run. This is a pity and will affect them growing up in Ireland and interacting with other children in school and could have a lasting impact for the rest of their lives. We have a duty to try to fix this and do something about it fast; not merely sign the convention years later but move to improve the services. I do not see any logic for the process taking four or five years. I accept many get through it in three years but the majority of cases that I came across, and perhaps they contact us because it takes so long, are taking a long time. A couple can have a child in nine months without any training, parenting or advice and that is natural. It is only right that one must go through much scrutiny, courses, advice and interviews for adoption. However, it should not take four years and one’s address should not matter. The service should be the same in Cork, Galway, Meath or Dublin. We need to establish targets on how long it will take and the Government and country should guarantee that it will take 18 months, two years or whatever time is agreed. It is time measures were put in place so people know with what they are dealing. Many of those going down the road of adoption have tried other measures to have a child and have been unlucky for whatever reason. Many years will have already passed before they start the adoption process. All of sudden one is 32, 34, 38, 40 or 42; time flies very quickly and everyone loses if that time passes. We have to fix this. I hope in his concluding speech, or on another day, the Minister of State sets out a plan to improve these services because that is his job. He needs to push the Government to do so. The Minister of State has children and he knows the benefits of this. However, he needs to use his office to make this work and improve the situation for everybody. The child and the adopting family or single person and the community can only gain from this and it must be right. We speak about Dáil reform and the delay in this Bill coming before the House is an example of where it is needed. Many parents have been left in limbo for the past year awaiting news. They expected good news in May, August, September and October and they were hopeful. However, in recent weeks they received bad news and were told the process of adopting from Vietnam was over. That seems very harsh and unfair. I question the motives and declarations for this. I accept a report highlighted major concerns. The report also mentioned the Govern- ment’s failure to sign off on the Hague Convention so it is not totally exonerated. I wonder whether there is more to this; is there something that people cannot be told? It dragged on and on with interim agreements being discussed and not being discussed. In some cases the Government intended to reach agreement with the Vietnamese authorities but time ran out. If this is the case the Government should admit it and people should be told. People are very hurt and let down and they have asked us what will happen to them. They were well into the process and some of them thought they had received a guarantee from the Minister of State last May. At least 20 couples thought they would get through the process. Where does this stand now? Is there any hope that something can be done to facilitate these adoptions? Is it too late? After we enact the Bill and ratify the Hague Convention will we stop dealing with the countries that have not ratified it? From what I have read in statements that is the case. However, other countries such as France, Spain, Italy and Canada have ratified the convention and still deal with Vietnam and other countries which have not ratified it. Where do we stand? If we will deal only with countries which have signed up to the convention what is the reason? Is it because it will save us time and resources into checking the procedures of those countries and that it will be easier to deal with the countries that have passed through the system and have been given the blessing because they signed up to the convention? Will we take the easy way out? Many children in countries not signed up to the convention need help and want to be adopted and come to Ireland. 879 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Damien English.]

Many prospective parents have gone through the process, gone through all the hoops and the red tape, and knocked on all the doors to get certificates, information, bank statements and so on, yet the door was then shut in their faces. There is a duty to help those people. If we cannot help them in the country they originally chose, then we have to put them through the system quickly for another country. They should not be put to the back of the queue, because that is not fair and they do not deserve it. I ask that the Minister of State address this issue in his closing speech. Things have changed, so there is a duty to clarify the situation for those prospective parents. I note that many of the children’s rights organisations have commended the Bill, and there is nobody out there who claims it is a bad thing. However, there are concerns about what is missing from the Bill. It does not deal with provisions for post-adoption services. Deputy Shat- ter and other colleagues in the Labour Party have brought up this issue, as well as groups such as Barnardos, the Children’s Rights Alliance and so on. They have asked this question. It is a golden opportunity to have a full discussion about the services beforehand and especially afterwards. The services provided afterwards affect the child that has been adopted. There needs to be follow-on procedures, and every service should be put in place and not left to chance so that we have the right address and the child receives the correct services after adoption. It is a very delicate situation. This Bill does not refer to the cost of all this, but adoption can be a very costly procedure. I know couples who remortgaged houses to get the money to go through this process. I am not saying that is the Government’s fault, but it is very costly for some people. If people are out of pocket because they were hoping to adopt from Vietnam and that door is now closed, we have to find some way to help them continue the process if they cannot afford to do so. The Minister of State should examine this. The Bill does not clearly deal with the transition measures. What will happen in the short term? The Minister of State briefly touched on it, but did not clarify matters. There is now a grey area here, following recent announcements from his Department. The Bill fails to address the children who are not eligible for adoption in Ireland, and there are more than 2,000 children who have been in foster care for a significant number of years. I have dealt with only one person affected by this, but I know there are many more out there. This Bill does not seem to talk about the issue. Other countries have brought in new policies to deal with children who have been abused, neglected and so on. What does our Constitution say about that? Is there a plan for a referendum to make the change to a more modern Ireland? This Bill might have provided a chance to have this debate and to put those things in motion. Many constituents have come to me, both couples and single people. A young lady living in Athboy, County Meath, was concerned because the Bill fails to provide for sole applicants to adopt, and merely perpetrates the existing extraordinary circumstances required, whereby sole applicants are permitted only as an exception to proceed for assessment. I would like clarity on this issue. I accept there are groups out there who say we should not have sole parent adoption. What is the Minister of State’s view? Why were things not made easier for this type of applicant? Deputy McHugh also raised this issue. What formed the Minister of State’s decision making process? The other big issue is the grandfather clause. The Hague convention is about what is best for the child, and surely a grandfather clause makes sense. If a parent is lucky enough to adopt a child from Ethiopia, Bulgaria, Romania or wherever, it makes sense that if everything went well and they would like to adopt again, that the parents would go back to the same country. It would be for the benefit of the child, and it might be the child’s relative or a community 880 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed) member. That should be facilitated, but it is not clarified in the Bill. If we want to do what is right for the child, there is a duty on us to fix this on Committee Stage. One of the groups involved in this area suggested that parents who adopt a child from a foreign country should be made aware if a second child in the foreign family becomes available. There does not seem to be any formal procedure at the moment for that. I am not an expert in this area, and I do not know what kind of contact would continue when somebody is adopted from a family. However, surely it would make sense to put in place a system whereby a family is notified if a sibling of the adopted child becomes available for adoption. These children could be given a chance to get to know each other under the one roof. It cannot be too difficult to arrange this. The timing of this is wrong, as is the amount of work people have to do. There are various reasons for that, one of which is a lack of social workers. What is the plan to fix that? If we are short of them, then what do we do to get more? I do not think it is okay to just leave this problem alone. What is wrong with the system when people drop out of it? Do we talk to them afterwards? Do we follow up the case and see what went wrong? Do we know how long it takes in other countries? There is anecdotal evidence that it does not take nearly as long as here. Has that been checked out? Have Department officials and the Minister of State found out what happens in the UK, France and the US and decided that we will try to achieve what they have done? If it turns out that it takes four years in those countries as well, perhaps there is a reason for it and Ireland is doing fine. However, the Minister of State and his officials should provide us with that information. There is something wrong and it needs to be fixed. I accept it probably affects only a few thousand people every year, but that is no reason not to put things right. If a couple have been through one adoption, I do not understand why it takes so long to go through a second one. In some cases it takes as long as the first adoption, and that should not be the case. The couple have obviously passed the various tests and if their child is doing well, how much more can there be to do? I am not trying to simplify things, but is there a reason to go through the whole process again? A colleague from the Labour Party mentioned that couples have to go through another course in some places, but not in others. Standards do not seem to be followed everywhere else. Is there any effort made to encourage parents who adopt abroad to look at home first? There is very little adoption in Ireland, and very few children under the current rules in the Constitution would be put up for adoption. We need to examine that, because many children in Ireland could benefit from being in more stable homes. Adoption should be a positive experience, but it often turns into a cruel, harsh and slow process. That is a shame and we have to fix it. Many children in my own community in Navan have been adopted from all over the world. They have been given a great opportunity and they are doing very well. The more of that we can have, the better. Many couples want to be parents and are unlucky enough not to be able to have children for whatever reason. They need the State to step in, to help them and to make sure it happens. We can learn from other countries in this respect. There are children taken into care by the HSE and taken away from their parents. There is always a reason for it, but the process does not always seem 100% clear. I have been involved in a couple of cases, and it is a grey area where information is always difficult to get. The parents involved, some of who are not highly educated, are not always treated fairly by the system. When they do something wrong or do not behave as good parents there is often a reason. In these circumstances, one has a sense that official bodies close down, decide the parent or parents have failed and treat them badly as a result. Sometimes parents need help 881 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Damien English.] and guidance and although it is provided in some cases, in others the appropriate assistance, advice and legal representation in cases before the courts are not provided. We have a duty to recognise these factors and offer assistance as opposed to casting guilty people aside and ignor- ing their concerns and feelings. The State must do all in its power to try to reunite parents with children.

Deputy Thomas Byrne: Tááthas orm an deis a bheith agam inniu labhairt ar an Bille Uchtála 2009. Bille an-tábhachtach é an Bille seo a leagann córas uchtála amach don tír seo agus córas chun uchtáil idirnáisiúntaadhéanamh freisin. Is oth liom a rá nach bhfuil mórán uchtála ar fáil sa tír seo, ach ar an dtaobh eile den scéal is dócha go bhfuil níos mó páistíá 1o’clock choimeád ag tuismitheoirí nádúrtha. Sin an fáth nach bhfuil mórán uchtála sa tír seo, ach tarlaíonn uchtáil ó am go ham. Is é an taobh den scéal atá sa nuaíocht faoi láthair an taobh ar a bhfuil an plé is mó faoi láthair ag muintir na tíre seo, an uchtáil idirnáisiúnta, go háirithe uchtáil as tíortha ar nósanRúis, Vietnam agus an Aetóip. Is ábhar cainte an-deacair é seo do pholaiteoirí mar is ceann de na rudaí is deacra dóibh a rá le daoine nach mbeidh siad in ann uchtáil a dhéanamh. Tá seo an-deacair domsa mar is tuismitheoir mé le beirt pháiste. Sa chomhthéacs sin, tá sé deacair seo a phlé le daoine nach féidir leo páistí a bheith acu. B’fhéidir go raibh siad ag súil le go mbeadh páistí acu, agus mar a dúirt an Teachta English, go raibh siad ag iarraidh leanbh a bheith acu ar feadh blianta agus ag fáil cabhair, ar nós IVF, ó dochtúirí ach nach féidir leo páistí a bheith acu. Tá seo an-deacair dóibh. Bíonn siad éadóchasach agus bheadh trua ag duine dóibh. Is rud an-emotional é do na daoine atá ag baint le seo. Bíonn baint agamsa le daoine mar seo i m’oifig sa Dáilcheantar mar déanann go leor dóibh teagmháil lena dTeachtaí Dála. Is cúis an-tábhachtach í an uchtáil do Teachtaí Dála ar fud na tíre. I am pleased to speak on the Bill and glad the Minister of State, Deputy Barry Andrews, is present. The Minister of State has faced a certain amount of criticism arising from this Bill, most of which has been political in nature and has been levelled by members of other political parties. As the Minister of State with responsibility for children, he has an important job to do and his primary consideration must be the best interests of the children. While many prospective adoptive parents are heartbroken because they are waiting to adopt a child, the Minister of State has a responsibility to make difficult decisions to ensure the best interests of the child come first. He must also consider the best interests of children who have been legally adopted from foreign countries. This is a sensitive issue and may be the reason he has been slow to comment and engage in debate on the issue. It may also explain the reason he is reluctant to describe exactly what happens in some countries. I have met many couples in my constituency office who have been waiting for a long time and have endured all sorts of trials and tribulations as they seek to adopt a child. They have tried to have children because adoption is not the first choice for couples. That only a small number of children are available for adoption in Ireland may not be a positive development for adoptive parents, it is positive for society in general as it indicates that parents are willing to keep their children. Adoption in previous decades was not always done for the best reasons. Adoption is a sensitive issue. As a parent who has been privileged and fortunate to have two children, both of whom were born since I was elected to the House, I find it difficult to sit in front of heartbroken couples who want to adopt a child. These couples may believe Ministers do not have a heart but that is not the case with the Minister of State. He does not lack a heart, particularly with regard to children and the problems experienced by parents. While adoption is one of the major problems experienced by couples, they often have many other 882 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed) problems. The Minister of State is aware of these and is well able to deal with them in a sensitive manner. I pay tribute to him. As I stated, adoption is an incredibly sensitive issue for families, couples, children in Vietnam and their parents, as well as children who have been adopted and are loved by their families in Ireland. In this context, some of the political criticism of the Minister of the State has been over the top. I do not propose to discuss it in detail as I am aware that couples who wish to adopt are paying close attention to this debate and would not appreciate Members on this side engaging in the type of political point scoring exercise at least one Deputy from the other side has engaged in. This approach is not helpful to the debate and does not get us anywhere. The Minister of State had no option but to accept the findings of the ISS report. He had to consider the report carefully given the sensitivities involved in protecting the best interests of the child and of prospective adoptive parents. For this reason, he had no option but to make the decision he did. While he will not have relished breaking the news, it is the role of Ministers to make necessary decisions. I have not received correspondence from prospective parents in light of his decision, although I understand the reason many of them will be highly disappointed. I feel awful on that basis but I am sure they understand the Minister of State’s position, even if they do not like it. The Minister of State has made a number of provisions and the Adoption Board has agreed to a number of arrangements for people who had hoped to adopt from Vietnam. This is a positive development which makes options outside Vietnam available to prospective adoptive parents, some of whom had been considering other options in any case. The Government has been asked the reason it decided to act in accordance with the Hague Convention. It would be criticised if it chose not to do so given that the convention is the international standard in these matters. As such, the Minister of State is duty bound to apply it. Prospective adoptive parents will have opportunities to adopt children from other countries when the legislation is enacted. The Minister of State intends, through some of the procedural arrangements made in the Bill, to ensure the adoption process becomes less lengthy. At present, adoption takes too long and these delays are getting parents down. Under the guidance of the Adoption Board and Minister of State, the process will become shorter. I hope parents and children will be brought together because the most basic instinct of humanity is to have children. I thank the Minister of State and wish the Bill good speed. I hope it will quickly come before the Select Committee on Health and Children for Committee Stage consideration before returning to the House for Report Stage. It should be enacted as quickly as possible and in that context I am pleased to note the Minister of State is due to respond to the Second Stage debate when I conclude. I am glad that the decision of the Minister of State, although difficult, provides certainty. In recent months I encouraged the Minister of State to provide certainty when it was available. He has done so and that is appreciated by potential parents even though the dream, love and generosity has been postponed. I hope, this will be for a shorter period than they have gone through up to now.

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I thank Deputies for their many thoughtful contributions today and on previous occasions on Second Stage. Senators made a valuable contribution while the Bill was in that House. Every Deputy said that this is an area of extreme sensitivity. In 18 months in this office, I know it is beyond question the most sensitive area and the most difficult to manage because of the sensitivities and the complexity of the issue. One learns immediately about the sensitivities of the issue but the complexity takes longer. I refer to the complexity of the domestic situation, the 883 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Barry Andrews.] relationship between the Adoption Board, the Government and the HSE, international legal relations between sending countries and receiving countries, overarching conventions such as the Hague Convention and how all of these issues interplay and influence each other. I also refer to domestic law with regard to domestic legislation since 1952 and how it interacts with the Constitution. One must come to terms with these issues. I began with and still hold the view that adoption is an important form of alternative care and something the Government wishes to promote within the safeguards provided by international conventions and the Constitution. We are trying to reflect in our domestic law the highest standards that will serve the best interests of children and that these be child-centred in all aspects. I will address some comments arising from the issues raised by Deputies and make some general remarks. It is true that there are inherent risks in intercountry adoption and these cannot be ignored. In spite of the existence of a bilateral agreement with Vietnam, we must be utterly vigilant about information that comes to our attention, whatever the source. This is particularly true when the source of information is child protection experts, with the agreement and co-operation of the Government of Vietnam. We are required to take this extremely seriously. As Deputy Thomas Byrne said, the ISS report left me with no option but to suspend negotiations on a new bilateral agreement. Having met many parents in my constituency clinics and having met representative groups whenever a meeting was sought, I am aware of the disappointment this caused. There is a philosophical attitude and people understand why the decision had to be made. All along, they wanted certainty but the price of hope was a lack of certainty while we continue to pursue it. I was quite confident in June and July when I visited Hanoi, Vietnam that those negotiations would come to fruition and that we would be provided with a new bilateral agreement. In August the ISS report and the Molisa report came to the attention of the Government. That was finalised towards the end of November. I reject the view that the Government was unduly tardy in responding to that and making the announcement on 13 January. Countries close from time to time. Vietnam has closed twice, Romania closed, Guatemala, Belarus and other countries have closed from time to time. Ethiopia and Russia closed in recent times. It is not to say to people that it is tough luck or that we are insensitive but we must try to make those embarking on the road to adoption aware that this happens. It is not meant to be discourteous to them and if it came across in that way it certainly was not intended. Many Deputies referred to the transitional arrangements. In so far as possible, I intend to provide for transitional arrangements. I intend to make a recommendation to the Government shortly and I will try to accommodate as many applicants for adoption as possible. It is not easy to identify the point in the adoption process that one must have reached at the time of the enactment of the legislation to proceed to finality. Is it the point where someone has applied for a declaration of eligibility and suitability, the point where one has received a declaration, the point where one has received a referral or a match in a sending country or where one has met the child or formed a bond with the child? Various stages must be considered. The further along the route one goes, the fewer people have reached this point and the less humane one is about the issue. The process of seeking a declaration is so long that it allows a certain latitude to be as human as possible. I will make a recommendation to the Government shortly and I will take on board the issues raised by the Deputies. I accept the delay in processing applications for declarations is too long. The Bill allows for accredited bodies to carry out the work of determining the eligibility and suitability of an applicant. By the HSE no longer having a monopoly on this area, I hope we can foreshorten the application process considerably and bring it closer into line with international norms. We 884 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed) have a robust system and our social workers are excellent in explaining to parents the consequences of international adoption. The waiting between various meetings and various reports that must be furnished upsets and frustrates people. It is unnecessary. We have tried to eliminate that by the provisions contained in the Bill. Several Deputies raised the delay in ratification of the Bill. We are the last country in Europe to ratify this Bill.

Deputy Alan Shatter: To ratify the convention.

Deputy Barry Andrews: Yes, to ratify the convention. When we signed the convention all those years ago, a process began to transpose it into Irish law. However, a decision was later taken to consolidate all adoption legislation and that lengthened the process. The consultation process had the effect of lengthening the period of time it took to ratify and transpose the convention into legislation. Deputy Thomas Byrne referred to the sensitivity we must all exercise in the comments we make about children already adopted here, of whom there are many. They are adopted into loving homes and are thriving. No one doubts that a child in an orphan- age who is perfectly adoptable really benefits from adoption into this country. We must be sensitive in discussing issues about Vietnam and the inherent risks in intercountry adoption referred to at the beginning. When we talk about those we must remember there are children already here who are bullied in school over these issues because we are not as sensitive as we could be. From time to time that prevents me explaining to Deputies why we are slow, why we are not putting information in the public domain or communicating certain issues. That is partly the reason for it and the sensitivity is appreciated by parents and Deputies who have a good grasp of the issue. I think that sensitivity is appreciated by parents and by Deputies who have a good grasp of the issues. Many Deputies spoke about this country’s constitutional bar on the adoption of children of marriage. It would be possible for such children to be the subject of domestic adoptions if they were from other countries. Domestic adoptions usually arise when the mother of a child who was born outside marriage subsequently marries and the child is adopted by his or her step- father. There are approximately 200 such adoptions in Ireland every year. The Joint Committee on the Constitutional Amendment on Children is examining a wording that would allow for more domestic adoptions in Ireland. If the people agree to include that wording in the Consti- tution, it is hoped that it will allow more domestic adoptions to take place. It might even relieve some of the difficulties we have here. In the UK, there are more domestic adoptions but fewer inter-country adoptions. Recent events in Haiti, which were mentioned, underline some of the problems with international adoption. We all have a strong urge to try to help children who are in Haitian orphanages. I have had private discussions with Ministers and other individuals about what we can do. Small children who lost their parents in the earthquake may have aunts and uncles or grandparents who survived. International agencies will make every effort to try to reunite such children with their families. Haitian parents who lost their children may be happy to adopt domestically. I would like us to help by supporting the reconstruction of orphanages and by facilitating the provision of respite accommodation to children and parents, as we did after the accident at Chernobyl. It may be possible for us to agree fostering arrangements. The difficulty with adoption is that a Haitian parent might come to Ireland in three or four years time to look for his or her child. They might find that a bond has already been developed between the child and the adoptive parent. It is clear that the State would be liable if it had not carried out the correct adoption procedures with due diligence. This underlines some of the difficulties that exist in this area. Adoption should not necessarily always be the first option for people who have a strong urge to protect and care for children. 885 Adoption Bill 2009 : 21 January 2010. Second Stage (Resumed)

[Deputy Barry Andrews.]

Article 9 of the Hague Convention, which is set out in Schedule 2 to the Bill, indicates that it is the duty of the central authority to promote counselling and other post-adoption services. The Law Reform Commission has recommended that the Child Care Act 1991 be amended to ensure that specified post-adoption services are provided by the HSE. The post-adoption services provided by Barnardos are funded by the HSE. In the submission it made to the Joint Committee on Health and Children, Barnardos said it had carried out 108 individual sessions of this nature. It is possible that post-adoption services will come under more pressure as more adoptions involve older children. There will be a greater need for such services in the future. People need to understand that services are already being provided and funded by the State and are provided for in the convention. Reference was made to the right to access information that helps one to trace people involved in adoptions. The Adoption Board has been operating a national adoption contact preference register for the last few years. The issue of tracing can cause serious, complex and sensitive issues to arise. When I read the board’s 2008 annual report, I learned that over 6,500 applications to be entered into the contact preference register were made in the first few years of its existence. Approximately 350 matches were made in 2008. While there is an awful lot of interest in the register, matching can have limited success. Clearly, there needs to be a balance between the right to privacy of a person who gives up a child for adoption and the right of a child to know who his or her parents are. It is hard to reflect those balancing rights in law. Deputies should be aware that the Adoption Board can apply to the High Court when certain issues arise, for example if a child has a medical condition and wishes to obtain more genetic information about his or her natural parents. That issue is covered to that extent. Many Deputies discussed whether step-parents should have to go through the adoption process. That question has also been raised by Barnardos and the Adoption Board. The question of whether natural parents should have to adopt their own children is of particular interest in this context. I have a great deal of sympathy with the arguments that have been made. I accept that the guardianship legislation may need to be amended to cater for step-parents and natural parents. I suggest that the special guardianship provisions would be particularly appropriate to step-parents. I thank Deputies for their contributions and look forward to the Committee Stage debate. I accept that many issues will arise when we consider specific aspects of matters that have been raised in general terms on Second Stage. The Bill before the House will finally give Ireland an opportunity to comply with the Hague Convention. As I said in my opening remarks, we will then be in a position to deal with other countries that comply with the convention, some of which I mentioned. The new regime of adoption in Ireland that is being opened will provide greater certainty for parents and will achieve a child-centred adoption process in Ireland. Everybody wants such a system, which follows best practice and is ultimately in the best interests of children.

Deputy Alan Shatter: Is the Minister of State in a position to indicate to the House the timeframe for taking Committee Stage? I appreciate that he wants to consider certain amendments to the Bill. I am sure his office, like my office, has been contacted by those who are interested in this question. We should give people who are concerned about the Bill some idea of where we stand in this context.

Deputy Barry Andrews: I cannot give the House an indication of when Committee Stage will commence. I hope it will commence at the earliest possible opportunity. I have indicated 886 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) that we hope to begin Committee Stage by the end of next month and to complete the enactment of the Bill by the end of March.

Question put and agreed to.

Adoption Bill 2009 [Seanad]: Referral to Select Committee. Minister of State at the Department of Health and Children (Deputy Barry Andrews): I move: That the Bill be referred to the Select Committee on Health and Children, in accordance with Standing Order 122(1) and paragraph 1(a)(i) of the Orders of Reference of that committee.

Question put and agreed to.

Civil Partnership Bill 2009: Second Stage (Resumed).

Question again proposed: “That the Bill be now read a Second Time.” Deputy Michael Fitzpatrick: I would like to share time with Deputy Chris Andrews.

Acting Chairman (Deputy Charlie O’Connor): Is that agreed? Agreed.

Deputy Michael Fitzpatrick: I welcome the opportunity to speak on this groundbreaking legislation, which shows that Fianna Fáil delivers on its promises when it is in government. My party’s commitment to civil partnership was set out in its pre-election manifesto and affirmed in the 2007 programme for Government. This Bill has far-reaching consequences for same-sex couples. For the first time in Irish law, gay and lesbian relationships will be given official recognition. This new legal status is accompanied by a range of rights and responsibilities, including pension rights, succession rights, maintenance obligations and protections in the event of domestic violence. It would be unacceptable in a modern society to continue to ignore same- sex relationships. The over-riding aim of the Bill before the House is to bring about positive changes to same-sex relationships, on profound and practical levels. Some of the provisions in the Bill that have received less publicity are also important. The Bill will introduce financial protections for cohabiting couples in same-sex and opposite-sex relationships. It will make a redress scheme available to unmarried opposite-sex couples and unregistered same-sex couples, so that financially dependent people can enjoy some protection at the end of a long-term cohabiting relationship. The cohabitants’ scheme will put in place a legal safety net for people in long-term relationships who may otherwise be financially vulnerable at the end of a relationship, whether through break-up or bereavement. The Bill gives legal recognition to cohabiting agreements, thereby enabling cohabitants to regulate their joint financial and property affairs. It provides legal certainty on the status of cohabitation agreements made by couples who wish to regulate their financial and property affairs but do not wish to marry or enter into a civil partnership and do not want to be included in the redress scheme. These provisions are particularly important in light of the recent surge in cohabiting couples, which have become the fastest growing form of family unit in the State. Currently, cohabiting couples lack a number of legal protections even where they have been together for years. Contrary to common belief, common law or de facto marriage has no legal standing in Irish law and does not offer legal protection to either partner in the event of a break up of a relationship or the death of a partner. The civil partnership provisions raise complex legal issues. The Bill has been carefully framed to balance any conflict between the Constitution’s special protection for marriage and the rights 887 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Michael Fitzpatrick.] enshrined in Article 41. Certain material distinctions between civil partnership and marriage therefore remain. For example, there is no provision for the adoption of children by civil partners or for religious ceremonies as the basis for registration of a civil partnership. Were the provisions of the Constitution not addressed, the Bill would have been vulnerable to legal challenge. The Bill will improve the rights of same sex couples without weakening anyone else’s. The Minister for Justice, Equality and Law Reform put it best when he stated: “This Bill takes nothing from anyone but what it gives is profound and is positive.” Calls have been made to include a clause in the legislation to provide for freedom of religious conscience. This would be a broad provision which would give an absolute right to discriminate against people who are registered as civil partners. Providing such an exemption could lead to serious unintended consequences and the withholding of services. A bank could refuse to allow a couple to operate a joint account, a restaurant could refuse to take a booking for two men or a person may be unable to visit his partner in a hospital run by a religious order. As such outcomes would be contrary to public policy, an exemption based on freedom of conscience could not be con- templated. Fianna Fáil is the republican party and it is our aim to build a republic founded on the ideals of equality and dignity of every member of the human family. My party stands for an open and inclusive society. Over the past two decades, as Irish society has become more open, Fianna Fáil has been to the forefront of reforming legal discrimination on the basis of sexual orientation. In 1989, a Fianna Fáil Government steered through the Oireachtas the Prohibition of Incitement to Hatred Act 1989, which makes it an offence to distribute material or use words and behaviour that is threatening or abusive or likely to foment hatred against persons on certain specified grounds, including sexual orientation. This principle was subsequently extended into the area of broadcasting. Fianna Fáil brought forward the Criminal Law (Sexual Offences) Act 1993, which finally brought an end to the unfair criminalisation of homosexual practices. The Employment Equality Act 1998 and the Equal Status Act 2004 made it an offence to discriminate against people in employment or in the provision of goods and services on a range of grounds, including sexual orientation. Through these legislative means the State has clearly indicated that individuals are entitled to receive fair and equal treatment, whether they are gay, lesbian or heterosexual. As the law stands, same sex couples have no way of formalising their relationships in the eyes of the State or society. They obtain no benefits from our tax, welfare and inheritance regimes and cannot assume legally binding obligations to one another. These significant lacunae will be addressed by the Bill before us.

Deputy Chris Andrews: I am delighted to have an opportunity to speak on this Bill. I am proud to be a member of a party which has advocated legal reform in this area. Credit is due to the Minister, Deputy Dermot Ahern. The Bill will have no negative impact because it builds on previous equality legislation introduced by Fianna Fáil. It deals with the issue of freedom of conscience and our legislation is sufficiently robust to address any issues that arise. I have met the Irish Council for Civil Liberties and the Gay and Lesbian Equality Network to discuss the Bill. It is clear that both organisations recognise it as progressive legislation. The Government’s efforts to bring the Bill before the House demonstrate that we remain active on social issues even while we continue to focus on our economic and financial problems. The media think that everything starts and ends with finance but a significant body of legislation on other matters is being progressed. 888 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

Irish society and the traditional family unit have changed dramatically over the past 20 years. A one size fits all approach can no longer be taken because provision must be made to protect people in loving same sex relationships and couples who choose to cohabit rather than marry. According to the excellent brief prepared by the Oireachtas Library and Research Service, cohabiting couples are the fastest growing form of family unit. The 2006 census revealed that cohabiting couples account for 12% of all family units, compared to 8% in 2002. The number of cohabiting same sex couples is also on the rise, having grown from 1,300 couples in 2002 to more than 2,000 in 2006. The law as it stands does not give any legal protection to cohabiting couples, even where they have lived together for many years. Many couples may not realise their vulnerability until they experience break up or the death of a partner. This Bill seeks to address these concerns. Given past difficulties in Irish society, it is difficult to understand why anybody could object to this positive proposal, the overarching objective of which is to encourage and support loving relationships. It is irrelevant whether those relationships are same sex or otherwise. The Bill will rectify the unacceptable situation where a broad section of society was thus far unprotected legally. For same sex couples it establishes a new status of relationship which is legally recognised by the State. It provides for a scheme of registration of civil partnerships for same sex couples, together with a range of rights and duties following registration to include shared home protection and succession and pension rights. It will also allow cohabitees, whether opposite or same sex, to regulate their own financial matters and will provide for a limited redress scheme where a cohabitee is left economically dependent. Under the Bill, legislation relating to mental health, immigration and domestic violence, for example, will be amended to ensure the same provision for same sex partners as for spouses in opposite sex marriages. Although the Bill is extremely progressive, I acknowledge that it does not offer an equivalent to marriage for same sex couples and, for this reason, it will not satisfy everybody. However, it would be churlish not to acknowledge that it is a major step forward which, for the first time, offers recognition and protection to those in same sex relationships. That said, the legislation should include greater reference to children of civil partners. I accept that there are constitutional barriers, as referred to by other speakers, which must be addressed. I am certain, as sure as night follows day, that legislation will be introduced in due course which offers children of same sex couples the same status and protection as those of opposite sex relationships. In the meantime I am concerned that children of same sex couples are left somewhat isolated and vulnerable as a consequence of this omission in this legislation. However, it is not appropriate to deal with these issues in this Bill. These concerns will inevitably be addressed in future legislation. Since the Bill was flagged some time ago, I have met several couples in loving same sex relationships and found that they were, broadly speaking, pleased with the proposals. Many gay people had been of the view that this type of legislation would never be introduced. I spoke recently to a friend raising a child with her same sex partner and she was extremely sceptical that these measures would become law. I will be pleased to send her the transcript of today’s debate. Many gay and lesbian people were not confident this day would ever come. In this context it is important to acknowledge the commitment of the Government not only to economic issues but to social policies. I warmly welcome the Bill, which represents an enormous step forward for our society.

Deputy Alan Shatter: Like other Deputies, I welcome the publication of this Bill and the opportunity for a serious and considered debate on its provisions. Although I broadly support its intentions, I propose to address some of the issues that have given rise to public debate and 889 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Alan Shatter.] controversy outside the House and to outline my concerns with the Bill as drafted. There is a myriad of legal anomalies derived by the Bill that may result in its provisions not impacting as beneficially as may be intended by the Government and the Deputies speaking in favour of it. The Bill highlights in different ways the oddity of many of the family law provisions that currently apply to married couples and the need for reform. It is ironic that when enacted this Bill will clarify areas of law with regard to gay couples that are not addressed by legislation in respect of heterosexual couples. I will begin by addressing the main issue that resulted in demonstrations outside this House following the publication of the Bill before Christmas. There is broad support from the gay community for the legislation, but there are some who are disappointed that it refers to civil registration and civil partnership as opposed to marriage. I accept that the Minister had to address the issue in the way he has because of Article 41 of the Constitution which protects the family based on marriage. If, instead of using the formula “civil partnership”, the Bill referred to marriage simpliciter, there would have been a serious risk of a constitutional challenge to the legislation and therefore a substantial delay in its enactment. Alternatively, that constitutional challenge might have come following the enactment of the Bill and its signature by the President, or the latter may have decided to refer it to the Supreme Court. We might have had litigation going through the High Court and Supreme Court and one or two years would elapse before clarity could be applied to the legal situation. The Minister therefore had no choice other than to use the formula in the legislation. Those in the gay community who are concerned that their relationship is not referred to as marriage should note that in practical terms, the provisions that apply to the celebration of a civil marriage ceremony between a heterosexual couple are exactly the same provisions which apply to the celebration of a civil partnership ceremony between a gay couple. In other words, the relationship is marriage in everything but name. The Bill plays with semantics in the hope it is constitutionally on the right side of Article 41. It is not beyond possibility that when the legislation is enacted, somebody may challenge its constitutionality. If so, I hope that challenge is unsuccessful. I hope it does not arise because it will create difficulties of a temporary nature for people. I welcome the fact that a gay couple in a permanent, intimate relationship can have afforded to them under the legislation recognition of that relationship such as that which now extends to many gay couples in other countries across the world. There are, however, anomalies in the legislation that bear some reference. For example, section 105 is headed “Nullity of Civil Partnership”. As well as dealing with certain aspects of nullity that apply to married couples that form part of existing statute law, section 105 sets out all the grounds on which a civil partnership can be annulled. It was in or about 1975 that the first report was published detailing the reason that we need legislation on nullity for heterosexual couples. The irony is that large parts of the nullity civil law applied by the High Court and Circuit Court to heterosexual couples is law as prescribed by the matrimonial courts of the Church of Ireland and inherited by the civil courts as part of Church of Ireland canon law all the way back to 1870. Since the foundation of the State, this Parliament has never enacted a single statute setting out clearly to the courts the grounds on which a marriage between heterosexual couples can be annulled. Over the years those grounds have changed and varied as the Judiciary has sought in the pre-divorce era to develop them to facilitate couples to extricate themselves from relationships that were clearly a disaster from day one until more recently when the Supreme Court was perhaps trying to restrain the enthusiasm of judges in lower courts from granting annulments in the civil area. They are less sought now that divorce is available. I say to the Minister that I welcome the fact there is clarity in the Bill as to the circumstances in which a 890 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) civil partnership may be declared a nullity. It is about time the Government recognised that there should be similar clarity for the vast majority of the heterosexual community who enter into civil marriages. It is extraordinary. We must be the only country in Europe which has no legislation that details clearly all of the circumstances in which a civil, heterosexual marriage can be annulled. A particular anomaly relates to something Deputy Chris Andrews quite correctly referred to. This applies to both gay couples and to cohabitees. The Bill is entirely blind and in denial when it comes to children. There are cohabitees, both gay and heterosexual, in long-term relationships who have children, and who live in such relationships, have done for decades and will continue to do so. If they are cohabitees, following the enactment of the Bill they may qualify for various protections in the law that they can utilise. In the context of gay couples, the legislation prescribes all sorts of legal protections, extends various important statutory provisions to them and sets out the legal remedies available when the relationship breaks up. With regard to cohabitees, equally, it sets out the legal arrangements that apply and the orders the courts can make when the relationship breaks up. There is nothing about children. The Bill does not recognise that when a relationship of cohabitees breaks up, provision may have to be made for children just as there is following the break up of a marriage. The Bill is apparently in denial that there are gay couples who have children. One may have a gay couple who has gone through a civil partnership registration and within the relationship there might be a child from a previous relationship that they both parent for many years. An issue arises about whether the non-biological parent has any obligations to that child in the same way as in a marriage a husband may be regarded as having obligations to a child fathered by someone else prior to the marriage taking place. The Bill, in the same way as the Government and its various predecessors, is in denial about the availability of methods of assisted reproduction. We have no legislation in this House on this area. We had a major Supreme Court judgment on the matter prior to Christmas involving a heterosexual couple, but we also had a Supreme Court judgment only in December on a dispute between a gay father whose sperm was used to facilitate a party to a lesbian relationship to have a child. I cannot understand the proposed legislation. The Government has had the wisdom to bring the legislation before the House. We have had a myriad of family law legislation that recognises that when marriages break up and when the courts are addressing the consequences of the break up, they must not only provide protection for spouses, particularly dependent spouses, but also for dependent children. Why does the legislation ignore the position of dependent children? This is not a political critique. This is simply an area that the legislation does not address, but which, as Deputy Andrews indicated, was ably and succinctly addressed by the Oireachtas Library and Research Service. Under the heading “Parental Rights” on page 16 of its brief it states:

The Bill contains few references to children of civil partners or cohabitants, and makes no provision as to custody, guardianship, adoption or affiliation. [I presume “affiliation” means supports.] In general, Civil Partnerships are treated in terms of the partners only.

It further states:

Similarly, the provisions on dissolution do not generally require the court to consider whether proper provision has been made for any dependent children. Section 127 of the Bill sets out the general considerations to be taken into account when making maintenance or 891 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Alan Shatter.] other orders on dissolution. [That is dissolution of a civil partnership.] The clearest of these is “the rights of . . . any child to whom either of the civil partners have an obligation of support”.

In other words, the court must have regard to that, but the court can make no support order for such child. It can only make a support order for the partner. If we take the contrast, when a decree of dissolution or divorce of a marriage is granted, the courts have an obligation to make “proper provision” under the Family Law (Divorce) Act 1996 for spouses and children. Under that legislation the courts have an obligation to make “proper provision”, the same phraseology, for the gay partner who requires it, but there is silence as to children. What objection is there to recognising reality? Are we trying to pretend that gay couples whose relationships break up do not have children? We have an obligation to ensure that those children are treated equally to any other child in the State. The committee of which I am a member has been labouring for two years on the rights of children. The Minister of State, Deputy Barry Andrews, is a member of the committee and the Minister, Deputy Dermot Ahern, has dropped in two or three times but beyond that we have not seen him. I appreciate he has a lot of other obligations. I do not mean that 2o’clock in a snide way but if he had been at those meetings more comprehensively he might have understood that. We intend to propose a constitutional amendment to ensure that all children are treated equally but, at the same time, we are introducing legislation in this House which is intended not to treat equally children of gay civil partnerships and cohabitees. I do not understand why. Is there a fear that there would be some public backlash because we acknowledged reality? People engage in a myriad of different relationships of various natures and children in all circumstances should be treated equally. No child should ever be discriminated against because of the circumstances of their parents or because of the nature of the status of their parents or their parents’ relationship. We will come back to this on Committee Stage, I hope, and I hope the Minister will consider addressing the issue. I wish to refer to the provisions relating to cohabitees. There is a need to provide for recognition given that, when people cohabit in relationships and the relationship breaks up, there are often issues that have to be addressed which are similar to those which have to be addressed when marriages break up. I can only describe some of what is contained in the legislation addressing this as bizarre. It will give rise to extraordinary court cases of great difficulty and will result, I believe, in the provision of minimal real protection for the people concerned. Section 170(1) states: “a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship”—this is the definition. Section 170(3) states: “For the avoidance of doubt a relationship does not cease to be an intimate relationship for the purpose of this section merely because it is no longer sexual in nature.” Let us assume that after living together for five years, the relationship breaks up and a cohabitee — we will presume it is the female cohabitee because most often that is the person who is at most economic disadvantage — goes to the courts to look for some sort of support order or property adjustment order under this provision. What will happen? The other cohabitee — the man — who does not want to make any provision, will want to ask the court to examine the minutiae of the intimacy that they engaged in. Will we have judges being asked to examine the number of occasions per week, month or year in which people engaged in sexual intercourse? Will men and women have to give explicit detail under cross-examination of the nature of their sexual interactions? Will they be put through this sort of degradation? Will we leave it to the subjective assessment of judges to determine what level of sexual interaction amounts to sufficient intimacy and at what point need it stop?

892 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

We are told in subsection (3) that sexual relations, seizing of themselves, would not exclude a person. It would have to be first established that there were some intimate relations. What if one was intimate for four years, not intimate for three years and then the relationship broke up? Does one qualify? If it was the other way around and one was intimate for two years and continued living together for four years, does one qualify? I have no idea, and neither will anyone else. The other criteria in section 170 are quite reasonable but I ask the Minister to reconsider the issue of the duration of the period people have resided together. I have said all along that the legislation ignores children. It does a very weird thing in regard to cohabitees. One is a qualified cohabitee if one was in a relationship of cohabitation with another adult for two years and have given birth to a dependent child. However, if one has not had a child, one does not qualify unless the couple have been living together for three years. Why the difference? The fact one has a child under this legislation gives one no entitlement to claim support for the child in any case. Why introduce this? I do not understand it. There is a decision of the High Court with regard to a couple who lived together for some years, a child was born and they broke up. Under existing law, which is defective, the mother sought adequate provision by way of a lump sum for the child. The court held that, for constitutional reasons, because the father was still married, though he and his wife had not lived together for many years, one could not provide a lump sum for the benefit of that child but one could do so for marital children in similar circumstances. The law in this area is riddled with problems and this Bill will exacerbate it. In the context of children born outside marriage to couples who resided together, or even just generally born outside marriage, this legislation affords an opportunity to address the anomalies that have arisen as a consequence of a judgment delivered by Mr. Justice Sheehan in the McE case — I should make a declaration of interest because I appeared for one of the parties in the courts in that case. That judgment has turned the law back substantially from where we thought it was, and it needs to be addressed in this Bill. To conclude, all of the provisions in sections 170 and 171 relating to cohabitees need very substantial rewording and consideration. All the focus on this Bill has essentially been on the provisions relating to civil partnership and gay couples but there are enormous anomalies with regard to couples cohabiting. There is a failure to provide the proper protection that is necessary when cohabiting relationships break up. For some reason, instead of ensuring that when they do break up, to use the phrase of the legislation in other areas, proper provision is made for the dependent person, there is a sort of redress scheme which ensures, and is designed to ensure, that only some assistance is given to someone who is economically dependent. That creates an anomaly. If a man and a woman live together for 30 years, most of the assets are in the man’s name but the woman has been intimately involved in that man’s family life and business life, and they have cohabited. If she has some degree of income of her own but the man is left with ownership of substantially more of the property, under these provisions, the woman will get nothing. The final problem is, of course, that none of these provisions apply to anyone whose relationship under cohabitation breaks up before the Bill commences. That is a little time-bomb ticking away that could create disaster in the lives of many people. My suggestion is that this provision should be amended to ensure these provisions and amended provisions apply, in so far as there is any value in them, as and from the date of publication of the Bill rather than as and from the date of the Bill’s commencement. Otherwise, we could have hundreds of individuals very badly affected by some persons extricating themselves from relationships to avoid meeting their financial obligations to others with whom they have lived for many years. 893 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

Minister of State at the Department of Finance (Deputy Martin Mansergh): This is landmark legislation, which I welcome. The Minister for Justice, Equality and Law Reform is justified in claiming it as an example of civic republicanism at work. I believe he can say this with more conviction than might have been possible in the past. As in 1993, when homosexuality was decriminalised, he has decided to go the whole way, with the obvious caveat of the status of marriage. Other than that, it is a thoroughgoing piece of legislation. One could also say that, as in 1993, the legislation is a demonstration of the benefits of coalition Government. Undoubtedly, the decriminalisation of homosexuality was pushed up the agenda by the formation of a coalition with the Labour Party. Without detracting from the initiative and policy of my own party and Minister, the Green Party is entitled to a sense of co-ownership of this legislation. My belief is that this legislation provides the substance of equality, though the status of marriage is missing. There are two groups of critics. On one hand are those from the gay and lesbian community who complain that it does not include conferral of the status of marriage. On the other side critics say the legislation, to all intents and purposes and in substance, amounts to marriage and they oppose it for that reason. There is common ground in our understanding of the Constitution that a constitutional referendum would be required to introduce the status of same-sex marriage. It is better to take this step now. In the successful divorce legislation of the mid-1990s, rather than the unsuccessful legislation in 1986, all the ground work had been done in the Judicial Separation and Family Law Reform Bill introduced by Deputy Shatter in the late 1980s, in which details of substance were largely dealt with. Divorce became a form of final marital separation, leaving only limited modalities to be addressed. If a decision is made by the people at some point in the future the vast majority of practical questions will have been dealt with in this legislation, such as in the areas of taxation and inheritance. The argument was made that divorce would alter the nature of marriage as a life-long commitment. The people listened to that argument but decided, albeit by a very narrow majority, to override it. In a registry office in England recently I heard it stated that marriage under the laws of that state was between one man and one woman. This dealt not only with same-sex marriage but the issue of polygamy, which is permitted by certain religions. A view which has some backing from the wisdom of ages is the one that marriage as we understand it today is probably the best framework for procreating and rearing children. A same-sex marriage or partnership cannot procreate children. I am aware that children of heterosexual marriages may endure appalling circumstances and that children of same-sex partnerships may have a near-ideal upbringing but I am talking about the average situation. It will ultimately be for the people to decide if the differences which exist are vital and overriding factors or whether the status of marriage should be conferred on same-sex couples. Under the 1938 Constitution such fundamental socio-moral issues have generally been reserved to the direct judgment of the people as a matter of direct democracy, as opposed to the representative democracy which deals with most other questions. Deputy Shatter dealt with the issue of children where there is a separation involving a same- sex couple, which I am sure will be teased out on Committee Stage. In such a situation the primary responsibility of the biological parent is clear and one can imagine very few situations where responsibility for the child would be conferred on the non-biological member of the couple. All of us on the other side of the fence will have received correspondence and e-mails opposing this legislation, in the vast majority of cases on religious grounds. There has been reference to Sodom and Gomorrah and I reread the verses this morning. The iniquity of the inhabitants of Sodom and Gomorrah is not actually closely specified. The word “sodomy” has 894 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) a certain meaning but there is nothing in the Bible to specify the conduct or relationship to which it normally refers. We are living in the aftermath of the disastrous earthquake in Haiti and, notwithstanding the use of the phrase “acts of God” by insurance companies we are long past thinking of natural disasters as some form of divine retribution for wickedness or iniquity. Some non-natural disasters can be linked to bad human behaviour but that is a separate issue. We have been reminded by a certain Northern saga in recent weeks of a passage in Leviticus but, except for such things as the Ten Commandments, we rarely assign a lasting validity to or are guided by the Mosaic law of a nomadic people of thousands of years ago. When the civil partnership legislation was published I happened to be in church the following Sunday and the verse of the lament of David for Jonathan was read out, which I would like to read into the record. The verse reads:

I am distressed for thee, my brother Jonathan; very pleasant hast thou been with me, thy love to me was wonderful, passing the love of women. How are the mighty fallen...

If one studies the Bible closely, one will note that Jonathan was married. No specifics are given of the precise nature of the relationship between Jonathan and David but if one is to refer to the Old Testament, that passage is at least as striking as the passage on Sodom and Gomorrah. Therefore, one cannot draw any definitive conclusions. I am not aware nor have I seen quoted anywhere any statement by Christ on the subject of gay relationships. They are statements on adultery and so on. There are one or two passages from St. Paul but they are not stronger than his inveighing against fornication in general and various types of non-regular relationships. At one point he said it would be better to be celibate but if one has to, then get married. The issue is nonetheless one on which churches have taken what can only be described as a very strong position, the Catholic position is well known. We know that the issue of homosexuality has been hugely divisive in the Anglican communion. Most of us look on in horror where Sharia law in other parts of the world leads young men, in particular, to be executed for homosexual acts. Some proposals have been made for what would in effect amount to discrimination, namely, that offices of the State should be allowed to withhold or not participate in civil partnership ceremonies. My view is that if one takes up a public appointment, one must carry out the duties that the law prescribes and those duties will change from time to time as the law changes. We should not give sanction effectively to homophobia for conscientious reasons. Like Deputy Flanagan, I would have some regret concerning the matter to which he referred, but I also accept the argument that perhaps this is not the appropriate context to address it. Perhaps another context should be chosen to address issues regarding the situation of siblings, they being a brother and sister who have a certain status. I refer in particular to the inheritance tax position of people who have lived together for a long time in a sibling but non-intimate relationship. There is a loose end in this respect that may need to be tidied up. When I spoke on this matter on a previous occasion, the Leas-Ceann Comhairle took grave exception to any equation of siblings with same sex partners. So be it, and I respect that argument but that area needs to be examined. The Cawley report did refer to it. I look forward to a detailed and intensive debate on Committee Stage. This is the type of legislation for which sufficient time should be allowed. I am sure the Minister will be open to constructive suggestions for its improvement and amendment in this and in the other House. This is a very important Bill and one that will be remembered as having been passed by this Dáil.

895 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

Deputy Ciarán Lynch: Some 17 years ago this House decriminalized homosexuality in Ireland and today we are debating legislation to give legitimacy to those relationships in a proper civil code. This debate marks a coming of age and maturity of a modern Ireland. In essence, this Bill is a milestone, as Ireland moves from a theocracy to a democracy. It was interesting to listen to the Minister of State, Deputy Mansergh, metaphysically struggling with aspects of the Bill. I recall a time when Ministers brought legislation to Archbishop McQuaid for his approval before it was passed in this House. I would not envy the task of a Minister if he had to bring this Bill to Archbishop McQuaid and the response to it he would likely get. This legislation is a milestone and I am pleased Fianna Fáil in particular and the Green Party have brought it forward. It should be noted that it was the Labour Party in government that decriminalised homosexuality and that it was a Private Members’ Bill introduced by my Labour Party colleague, Deputy Howlin, at the start of this Dáil term, that instigated this issue coming onto the legislative programme. I remember the Minister at the time gave a commitment to bring forward legislation in response to the Labour Party’s Bill in 2007. There are many contexts, interpretations and opinions about the Bill. There is a strong opinion that it is the gay community’s aspiration to have full legal equality with their heterosexual peers, as that is as it should be. That is the policy of the Labour Party, as stated in this House and affirmed at our Labour Party conference. However, the best is often the enemy of the good. The introduction of full civil marriage for the gay community would require a constitutional referendum, as has been indicated by other speakers. This is the advice of the Attorney-General and our party’s legal advice. At present there is far from a majority of this House in favour of putting this issue to the people, let alone surety that such a referendum would be carried. While a criticism of this Bill might be that it is a stagist approach, I do not view that as a bad thing. Therefore, I see merit in this legislation for those members of the gay community who cannot wait for a time when these circumstances change, particularly for gay and lesbian couples who need the protection of the law now, rather than the consolation of an ideal further down the road, irrespective of whether that be a constitutional referendum on this issue. I also see merit in the provision for a couple, one partner of whom is ill and the other who has no recognised rights as next of kin and is fearful of losing the family home or shared tenancy in the context of the legislation as it is currently structured. This Bill will provide for the rights of a survivor of a relationship to inherit the home in which the partners have lived all their lives. It will allow them to benefit on the same terms as their peers from their partner’s hard work by giving them access to pension entitlements. All these are measures are to be welcomed. Another point I welcome is the nature of the scheme set out for gay and lesbian couples. At the beginning of this debate when Senator Norris first published his Bill there was much talk of allowing non-conjugal same-sex unions, for example, two unmarried sisters who live in the same home and for other situations. This Bill makes quite clear that the parties to a civil partnership must be of the same sex and in a conjugal relationship. This is welcome because to put the committed, loving relationship of a gay or lesbian couple on a par with two siblings in terms of the standing offered to it in law was a fudge in the first instance and did not recognize the significance of those in gay relationships looking for proper legal protections in their relationships. We have yet to see tax and social welfare provisions to complement this legislation, but the Government has assured us these will reflect the principle of equality and will be introduced in the near future. We certainly hope so. It is important that these matters are ironed out when we come to Committee and Report Stages. It would be a dreadful pity if, this time next year when the Finance and Social Welfare Bills are going through the House, 896 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) there are anomalies still hanging over that will mean the Bills need to be significantly redrafted. It is important that this Bill achieves its intentions and that when future Social Welfare and Finance Bills are introduced, as well as other matters relating to taxation for same-sex couples, we do not find ourselves in an ongoing redrafting process. The Bill has comprehensively failed to deliver with regard to the children of individual parents in same-sex relationships. Deputy Shatter also mentioned this in his contribution. The Labour Party addressed this issue in its Civil Unions Bill by proposing a significant change in the law relating to children. Our legislation would have made the best interests of the child the primary criterion for the courts in family law cases; this would address a number of the points made by earlier speakers. This Bill, however, fails the children of same-sex parents in several crucial ways. Any child of a parent party to a civil partnership will not be able to seek maintenance from the non- biological parent and will have no rights of succession if the civil partner of the child’s biological parent dies. The non-biological parent, moreover, cannot seek guardianship or custody of the child during the lifetime of the biological parent. Bizarrely, civil partners will not be able to be considered for joint adoption of a child, although this is rendered nonsense by the fact that either civil partner, regardless of sexuality, may apply to adopt individually under current law. Thus, it makes no sense that an arrangement in which the stability of a couple relationship is offered to an adopted child is prohibited. This will also require significant and detailed examination on Committee and Report Stages. I refer to the redress scheme for cohabitants. Although the issue of civil partnership has been the subject of much of the public debate on the Bill, the second part — namely, that dealing with cohabitants — will probably affect many more people, irrespective of sexuality. The scheme is a long-overdue update to Irish family law which was recommended by the Law Reform Commission several years ago. There will be a significant change whereby two people who are in a relationship and have been living together for three years, or two years where a child has resulted from the relationship, will automatically be termed qualified cohabitants. As a result, they will be conferred with a number of rights and duties. This scheme will provide legal protections to a large portion of the population. The most recent available data note that there are 120,000 people in cohabiting relationships, a third of whom have children. The arrangement will offer particular protection to a group that is currently very vulnerable: stay-at-home unmarried partners, who are currently in a complete legal limbo. Part 15 of the Bill also allows qualified cohabitants to seek various remedies, such as maintenance, property and pension adjustment orders, provided certain conditions are met. A qualified cohabitant may also claim provision from the estate of his or her deceased cohabitant, subject to stated conditions. One weakness of the Bill that the Minister might be willing to address is with regard to the rights of civil partners of whom one has become a qualified cohabitant since the civil union was formed. Dr. Fergus Ryan pointed out an anomaly in the legislation, which is that a property adjustment order or pension adjustment order in favour of a qualified cohabitant cannot be made in such a way as to affect the rights of a spouse or former spouse. Similarly, an order for provision from the estate of a deceased qualified cohabitant cannot affect the legal right of a surviving spouse. However, no such safeguards apply where a qualified cohabitant is or was a civil partner. In effect, the court can make an order in favour of the qualified cohabitant even if these orders affect the entitlements of a civil partner. I ask the Minister to indicate in his closing comments whether he would be willing to consider an amendment to correct this on Committee Stage. 897 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Ciarán Lynch.]

The purpose of the Bill is to introduce equality into Irish society. However, this cannot be a type of equality that is separated into components or is based on only one Act. I listened to the Minister of State, Deputy Mansergh, talk about this earlier. A concern is beginning to surface whose motivation and intent I would question. I refer to the commentary on the possibility of adding a conscience clause to the Bill with regard to civil registrars who object to presiding over civil partnership registrations due to their religious or other convictions. It has been suggested that an opt-out clause be inserted for civil servants and others who are obliged to perform public duties in accordance with the law. To my mind, either the legislation guarantees equality or it does not. Whether a person is a member of a local authority or the HSE or is working for the State in a registrar’s office, the law which will apply as a result of the passage of this Bill compels that person to carry out his or her duties. There should be no opt-out clause. If a person is a public servant, he or she has functions to perform. There is a separation between theocracy and democracy, and a civil partnership registration is a secular event, not a religious one. It should be well within the functions of registrars to perform this as a secular service. The purpose of this Bill is to ensure that those who wish to have the responsibility of a civil union are provided with the right to do so. The success of the civil partnership Bill will be measured by how it resolves issues of property, inheritance and entitlement; how it gives recognition and a sense of place to those who are currently disenfranchised; and, ultimately, how we as society define ourselves and the type of Ireland in which we wish to live. I and other speakers made mention of the phrase “gay community”. Who are the gay community? They are family members, relatives, work colleagues, colleagues in the House, and members of our society who should have the same legal entitlements as any other member. When this issue was being debated previously in the House, in the form of a Labour Party Private Members’ Bill, my children asked me when I returned from the Dáil at the end of the week what I had done in work. When I explained to them that we had been debating the Civil Unions Bill, their response was that surely such legislation was in place already. Irish society has moved on; the children of Ireland have moved on. This House is playing catch-up with the type of modern society in which most Irish people now live. It is natural and necessary that people form unions with each other. This Bill recognizes the rights and responsibilities that must be established to cater for those relationships that are currently outside the existing legislative framework. People in relationships wish for, and are entitled to, the legal security that can be granted by the State. Nobody should be deprived of that right because of his or her sexuality.

Deputy Seán Barrett: I listened to the contributions of previous speakers and I wish to refer to the points made by Deputy Shatter regarding what he rightly pointed out should be improvements to this legislation, with particular reference to the rights of children. In statistics supplied by the Central Statistics Office, I came across a startling fact on the increase in the number of cohabiting couples in the ten-year period between 1996 and 2006. In 1996, there were 34,300 cohabiting couples with 23,000 children, while ten years later the corresponding figures were 121,800 and 74,500, respectively. During that same period between 1996 and 2006, the number of cohabiting same-sex couples increased from 150 to 2,090. The previous speaker commented that society is changing and it surely has changed. For many people in our society, for religious reasons in particular, many such changes have been difficult to accept. In the 29 years since I first was elected to this House, I have been through the entire gamut of changes, ranging from contraception to divorce and to the famous referendum on so-called abortion. It is flippant to state that this caused a great deal of unrest in 898 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) society because it caused huge problems. I saw Members of this House grappling with their conscience in respect of many of these issues, particularly during my period as Government Chief Whip from 1982. I have always stated that in so far as is humanly possible, when introducing such legislation one should always try to respect the views of all members of society. People genuinely hold views that differ from those I might hold, possibly on religious grounds or whatever, and I try at all times to accept this to be a fact. Nevertheless, our society has changed greatly on foot of our membership of the European Union with 26 other member states. As for different religions, the population now includes people who adhere to all types of religions and in some cases to none. Members’ role as legislators is to make certain that civil rights exist and that they are protected. It is to face reality in order that in circumstances in which someone dies or there is a break-up, society can deal with the division of the spoils in respect of homes, properties, pensions or whatever. Members are now moving to deal with the fact that the number of cohabiting couples, both same-sex and heterosexual, has increased greatly. This legislation constitutes a genuine attempt to deal with this. While I will support the Bill, it is important for the Government to be open to changes. Those who are listening on the Minister’s behalf should accept good ideas introduced on Committee Stage and the Government should be open to changes, particularly those that would be beneficial to children in such relationships. I wish to deal with one aspect of this legislation on which I am sure many Members have received the same correspondence as have I. It pertains to the concept of penalties imposed if someone does not agree to the civil partnership arrangements on genuine grounds of conscience. Section 23 deals with this issue and provides that a registrar who, without reasonable cause, fails or refuses to issue a civil partnership form shall, on summary conviction, be liable to a fine of up to €2,000 or imprisonment of up to six months. While I do not believe this will ever happen, it can cause a great deal of unnecessary upset. I do not believe that someone who has a genuine religious difficulty with his or her conscience should be imprisoned for six months and to do so would be ridiculous in this day and age. Moreover, as I noted, this will never happen. I have heard arguments to the effect that unless such a provision was included, people in hotels would refuse to rent out a room or that people would refuse to serve meals. However, this is a ridiculous argument because at present gay couples stay in hotels and have meals like anyone else and are entitled to so do. I have never come across an instance of anyone being refused. Consequently, putting up such arguments is ridiculous. Although I am certain this issue will never arise, but why create the problem? I note that in Britain, the former Lord Chancellor, Lord Mackay, introduced an amendment in the House of Lords to deal with this issue there, the wording of which has been forwarded to me. I suggest that the Minister should consider this matter and ascertain whether it is possible to make a provision in cases in which there are genuine conscientious objections, in order that this matter can be dealt with. As the amendment was introduced to the House of Lords by Lord Mackay, a former Lord Chancellor, it is easily obtainable. My point is that it should be considered. I do not stand over any form of discrimination against anyone on grounds of religion, colour or sex matters.

Deputy Ruairí Quinn: Not even on hairstyles.

Deputy Seán Barrett: No. However, our equal status legislation rightly bans discrimination and creates an offence of discrimination. Therefore, someone who wishes to discriminate can be dealt with under existing legislation. People should be educated into believing that one should not interfere with the religious rights of others, which are their own business. The job 899 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Seán Barrett.] of Members is to deal with human situations in which circumstances such as a break-up, death or whatever dictate that people’s property rights should be protected. This also is the purpose of this Bill, particularly in respect of cohabiting couples and in particular to the rights of the children. Were we to educate society into thinking like this rather than always thinking of such matters in religious terms, we would have a far better society. Sticking people into jail for six months will only make martyrs out of them and I do not discern a necessity for such a legislative provision. As I noted, legislation already exists to deal with any form of legislation and the Equal Status Act can be used to deal with that issue at any time. However, it would be worth- while to try to understand other people’s points of view and to relieve them of any difficulties they may have with regard to their own conscience. I welcome the fact that this legislation deals with same-sex relationships. People are living together perfectly happily, which is their business. Members’ business as politicians is to ensure that if something happens, such as a break-up or a death of one of the parties, there is protection for the other partner. This is what this legislation endeavours to do. Unfortunately, cohabiting couples do not have rights currently and if one of the partners dies, particularly the income earner, this can result in a horrific scenario for the surviving partners and children. There is no such thing as common law marriage and, therefore, there are no legal rights. The Bill endeavours to deal with this issue and not before time because I have dealt with too many cases where surviving partners and their children have suffered greatly. There is cross-party support for the legislation but on Committee Stage if we can deal with people’s fear in a rational and reasonable way while, at the same time, making sure we do not encourage any form of discrimination, we should do so. Amendments may be tabled to strengthen the rights of children. In 2006, cohabiting couples had 74,500 children. That is a significant number and it is probably nearer 100,000 today. They are human beings and their rights must be protected at all costs. I wish the legislation well and I hope people understand our job, as legislators, is to protect people’s rights regarding property and so on. During the divorce referendum debate I was confronted by a priest outside a church who said I should have been ashamed of myself because I supported divorce. I asked him what problems he had with divorce. He said, “It is contrary to the teachings of the church”. I put the following simple question to him: “If I arrived to your church with my partner and said I wanted to get married and you arranged and performed the religious ceremony and then invited me to sign the register, which is the civil part of the marriage and I said, “No, Father, I am not interested“, would I be married?”. He said I would be married in the eyes of God. I asked him whether I would be married in the eyes of the State and he said I would not. I explained to him that all we were doing was allowing the civil aspect of marriage to cease under certain conditions. We were not interfering with the religious marriage, as it was up to each individual to decide whether he or she should remarry following a divorce. I said that was his business and that our business was to deal with the civil aspect of marriage. The same argument applies in principle to this legislation. The rights and wrongs of cohabiting couples, whether they are gay or heterosexual, is a matter for each individual. Our duty is to ensure where there is a break up, death and so on, safeguards are in place, particularly where children are affected. If that message can be understood by people who are concerned about this legislation on religious grounds, we will have done a good job. However, in Great Britain, an amendment proposed by Lord Mackay provides that where somebody has a genuine conscientious objection, they should not be put in prison. Plenty of others can perform what has to be performed and a big issue should not be made of this because all it will do is divide society. I ask that we discuss the possibility of adopting a similar amendment on Committee Stage. 900 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

Deputy Aengus Ó Snodaigh: I am glad to have the opportunity to contribute to the debate. For too long people have been in same sex and cohabiting relationships without enjoying the same protections under the law as married couples. This derives from a failure of the Govern- ment to recognise the legitimacy of their relationships and the changing attitude in modern society in this regard. This has led to inequities in the way same sex couples and thousands of unmarried and cohabiting heterosexual couples have been treated by the State, including partners being unable to visit loved ones in hospitals on occasion, problems with inheritance and property rights and issues under the tax and social welfare codes. Many other problems are faced by such couples for which the State has not made adequate legal provision to date. My party and I believe equality and civil liberty are cornerstones of republicanism and they are among the most important ideals we, as legislators, must uphold in this society. With this in mind, I welcome the change in attitude of the Government reflected in this legislation but the Bill stills falls short of being a comprehensive solution to the problems faced by same sex and cohabiting couples. Legal eagles suggest traditional civil marriages have the protection of the Constitution, which is not afforded to the types of relationships being recognised in the Bill. The legal protections I seek to be included in the legislation will, therefore, not be guaranteed under the Constitution. I do not agree with the legal experts because I have read the Constitution on a number of occasions recently and it makes no reference to “husband and wife”. It refers to “spouses” regarding the dissolution of a marriage and to the importance of the woman in the home. That is discriminatory language, which needs to be amended. There is no reason we cannot legislate for civil marriage for all couples. The 1916 Procla- mation, which was supposedly the guiding document for the Constitution, calls on us to cherish all the children of the nation equally and that is often quoted. The spirit, theory and practice of republicanism should be to promote equality and, in that spirit, this issue needs 3o’clock to be revisited properly and constitutional protection needs to be afforded to the reforms I seek. These reforms should be included in this Bill or another Bill dealing with proper civil marriage for all. A constitutional referendum should be held to deal with discriminatory language, which implies the woman’s place is in the home. A committee of the House has dealt with the need to insert defined children’s rights in the Constitution and that would be appropriate in the context of this legislation. The Bill falls short regarding social welfare entitlements, inheritance rights, child maintenance and adoption and I will return to these issues later. I am sure many Members, like myself, have received a great deal of correspondence in recent weeks and months from concerned constituents regarding the legislation. Some were concerned that it has not delivered the full and proper recognition of civil partnership that they were promised and some were concerned that it does not give full rights to marriage. Civil partnership recognition in the Bill does not go far enough and does not adequately give the protection required. There is inequality between the protections and rights given for marriage as it exists at present to those who will be in civil partnership unions. Many people are also worried about the effect this legislation will have on the institution of marriage and the traditional family unit. We received many queries from members of the clergy, religious orders and lay people from various denominations expressing concern that the Bill may interfere with their moral obligations or religious practices. Sinn Féin recognises that the maintenance of a strong and stable family unit is and always will be an essential component in raising the youth of our nation and in turn assuring the prosperity of our country in the future. We also acknowledge that religious organisations have the right to hold particular views on the definition of marriage and what constitutes a legitimate relationship as long as this does not infringe on the public good. The definitions of State marriage and religious marriage are different; they involve different duties and responsibilities and this needs to be recognised. 901 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Aengus Ó Snodaigh.]

I am assured that while the provisions of the Bill do not go far enough, they do not interfere in any way with the traditional forms of marriage and family. The Bill expressly states that its aim is not to change the definition of marriage as protected in the Constitution. I regret that because there is a need for a proper definition and clarity on exactly what is a family. This needs to be contained in either legislation or the Constitution. Is the unit of an abusive father who beats his wife more deserving of constitutional protection than a loving same-sex couple with children or a single parent raising a number of children? The Constitution should protect all equally but in particular it needs to define children’s rights so they have primary consideration and protections. As I stated earlier, the Constitution does not mention husband and wife; it only mentions a mother with regard to her place within the home and spouses in the case of dissolution of marriage. A broader definition should be allowed to be legislated for through a constitutional amendment. Far from having a negative effect on traditional families in Ireland, I believe the Bill will have a positive effect on families that have previously not been fully protected under Irish law. This Bill will go some way towards belatedly filling a hole in Irish family law and can only be positive to society as a whole. I cannot see how full civil marriage for same-sex couples is contrary to the constitution and I will return to this point. In much the same way as it would be a dereliction of duty for parents not to care for and nurture their children, or for a religious organisation not to advocate its beliefs and care for the moral needs of its congregation, it would be a dereliction of duty on our part as legislators not to embrace the concept of equality for all and acknowledge the realities of modern society and provide appropriate legal protections for all citizens. It is the Government’s role to ensure that all people are protected under the law. Co-habitant couples are the fastest growing form of family unit in Ireland. Earlier, I heard somebody mention the significant jump in the number of those living in such relationships as reflected in the recent census. It is also just and right that our society no longer sees same-sex relationships as a crime, but rather as a legitimate way of life. When it comes to the family unit, however, legislation has once again fallen behind social reform. It is our duty to redress this situation, and the Bill goes some way towards this although not far enough. If there is a threat to the traditional family unit, it does not come from progressive legislation of this kind but from the harsh policies of the Green Party and Fianna Fáil Government. Negative equity, huge mortgage repayments related to the property boom, the unfair tax burden on lower-income families, the over-reliance on two incomes to make ends meet, cuts to benefit payments, increases in the cost of medical care, prescriptions and child care, high unem- ployment and the slow but sure erosion of fair conditions and hours of work all contribute to a threat to the family unit as traditionally perceived. These are what are putting an enormous strain on people trying to maintain relationships and create a stable family environment in which to raise their children. Sinn Féin has been outspoken in our opposition to policies that we believe are detrimental to the economic and social wellbeing of families and communities. We believe it is by helping families cope with the realities of these tough economic times that we can best ensure that they stay together and prosper. People have also expressed concern that there may be legal or employment issues emanating from a refusal to provide services based on moral objections to the new types of relationships suggested in the Bill. Our answer to this concern is simple: discrimination law should apply in these cases. In the same way as it is illegal for people to discriminate against clients based on race or religion, it would also be illegal for people to discriminate against clients based on sexual orientation or family type. It is the responsibility of all people, particularly those performing a 902 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) public function, to provide a satisfactory service to their clients or to ensure that another party is brought in to provide that service to a satisfactory standard. The onus is on them to provide the service if they are public servants. Another issue many people raised was that the Bill fails to address non-intimate relationships, for example, those of a carer or two siblings living together. While I recognise these may be covered by other legislation, it would be helpful to conduct a review to ascertain whether they receive fair and equitable treatment under the law and whether there is a need for amendments that could be tabled on Committee Stage. I stated that I would return to the shortfalls of the Bill. Prior to Christmas, I attended a protest outside the House organised by MarriagEquality. I was surprised to hear about the number of rights which will still not be enjoyed by couples after the Civil Partnership Bill has passed. There will be a difference between the rights of those who are married under the current law and those who will be in civil partnerships. More than 220 rights will not transfer equally to those involved in civil partnerships. There is no equity. If a married person leaves a will, his or her surviving partner will receive at least one third of the inheritance regardless of what is in the will. However, in the case of civil partners, children can apply to the courts to have that share reduced. The same applies if a person does not leave a will; children can apply to reduce the amount to which a surviving partner is entitled. A civil partner in the same situation must apply for each order separately. In respect of registering a partnership, all couples need to give three months’ notice before marrying or obtaining a civil partnership. One can apply for an exemption to this rule, for example if the person is terminally ill. The conditions on these exemptions are different for marrying couples and civil partners. There are also differences in providing free and informed consent. There are differences when relationships end and people split up. There are differences in issues in the home, providing for children and the dissolution of partnerships and marriages. A foreign same-sex marriage is not treated in the same way as a civil marriage here, nor are foreign same-sex divorces and dissolutions. There are also equality issues for transgender people. There is also a range of inequalities in the tax and social welfare code. One of the ways to deal with these issues is to allow same-sex couples marry in a civil ceremony, where all rights are equal across the board. Another way is to change the legal definition as to what constitutes a family, and to change the Constitution to allow for legislation in that area. We could change the Interpretation Act 2005 for tax and social welfare purposes to ensure it clarifies marriage as including civil partnerships. The term “child” could be altered to include the child of a civil partner. As Members of this House, we will try to tease these issues out with the Minister to ensure that the Bill is the best possible. I am realistic enough to understand that this Government will not go as far as I would like to see it go on civil partnership. However, there are anomalies that are not addressed and which need to be tightened up to ensure that the Bill will progress. Even though the Bill does not go far enough, I will not oppose it. I am disappointed that we are not dealing with a civil marriages Bill that gives full rights to same sex marriages, but an inadequate Civil Partnership Bill 2009. I will not oppose it, but I will try my best to attend on Committee Stage. As I am not a member of the committee, I cannot put amendments down in my name. I can raise them and deal with them on Report Stage, but this hampers Members in trying to deal with Bills in a positive way and play as full a role as possible. This Bill is a step forward. We have gone a long way and I recognise that. I commend the Government for having taken this step, but I regret that it did not go the whole way. We will be back here again much sooner than people think. The Bill will throw up other anomalies, 903 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed)

[Deputy Aengus Ó Snodaigh.] which when challenged in court, will lead us to dealing with this issue. We should look at our EU partners that have the same traditional associations with Christian churches that have taken the full step, and this has not affected those countries. The social fabric of Spain and Portugal has not collapsed and the naysayers should look at that. This is a positive Bill, but it does not go far enough.

Deputy James Reilly: I am very pleased to contribute to this debate and I congratulate the Government on bringing this Bill forward. I know that some speakers do not feel it goes far enough, but it is useful to remind ourselves from whence we have come. It is well within living memory when homosexuality was a crime in this country. Before that, it was even considered to be an illness. Awareness and enlightenment has slowly come, but it has come nonetheless. This is not about a liberal agenda, but about a human right. The same rights afforded to heterosexual couples should be afforded to same sex couples. I feel very strongly about this because we have seen some tragedies. I have seen them in my own community, where people have fallen ill and their partners have not been afforded visiting rights to the hospital. This is deeply upsetting for both the patient and his or her partner. This is a welcome move by the Government and the Bill enshrines in law rights that should be available to everybody in our country. Couples who are together for years are treated differently by the tax man. They do not have security of the home they have built together, which is deeply disturbing. Therefore, the Bill is welcome as it will end this injustice. If a partner dies prematurely and his or her wish to be a donor is not expressed in writing, the surviving partner is not able to express the opinion of his or her loved one and this is another wrong. The wrongs are myriad and this Bill seeks to address that, which is very welcome. It has been pointed out that the issue of children and their rights may not be fully covered in this Bill, which is something that should examined on Committee Stage. Deputy Flanagan referred to the case of a same sex couple where the mother died and the remaining partner did not have any rights over the child, and that was extremely upsetting for all concerned. There are always two sides to the people involved. There is security for the surviving partner in terms of property rights and the ability to continue to nurture a child, while there is a peace of mind for the person who is passing on, as that person knows that his or partner cares for the child as much as he or she does and will be there to continue on, without being obstructed by the law. The Bill is not clear on co-habiting non-conjugal couples. I am talking here about siblings living together for many years, which is not an uncommon situation in Ireland. These people should be included in this Bill for the purposes of treatment under the tax laws. The main thrust of the Bill is to right a wrong that we have allowed happen to people who are in same sex relationships. I am pleased to take part in this debate and delighted that, at long last, we will have true equality for same sex couples. Outstanding issues in the area of same sex marriage and civil unions can be addressed at a later date. This legislation is progress and all progress is welcome, although it often comes incrementally and not quick enough for those who seek it. Nevertheless, progress has come. I hope all sides will support the Bill.

Deputy Ruairí Quinn: I listened with interest to my colleague, Deputy Reilly, state that change has come. It has been my experience in this republic and Chamber that change does not come but is driven by the passion and energy of citizens who want to be free. It is dragged through against the resistance of conservatives who believe that anything other than the order they have inherited cannot stand because any change would lead to the entire edifice falling down around their feet. This change has not come, nor has it matured or found its place in the 904 Civil Partnership Bill 2009: 21 January 2010. Second Stage (Resumed) sun because today is different from yesterday. What is different today is that a reluctant, so- called republican Government, which more properly earns the title of “publicans’ Govern- ment”, has been forced to bow to the inevitable but it has not bowed far enough. This is a fundamentally bad Bill. While it introduces some necessary changes, these changes could have been introduced many years ago. I recall, as an Opposition spokesperson for finance in 1991 and 1992, making proposals in this Chamber to at least harmonise the tax code for the non-conjugal couples to whom Deputy Reilly referred and the cohabiting couples to whom Deputy Ó Snodaigh referred. I was told on the floor of the House and in friendly off-the-record exchanges with officials and the Minister for Finance that the tax code does not anticipate social change. This was an unwritten law within the Department of Finance. While this is not an unreasonable observation given that it is not the duty of the Department or a Finance Bill to anticipate or promote change, the Department has an obligation to reflect change. This State is six years away from the centenary of the declaration of the republic in 1916. While we have come a long way in terms of time, we have an awful long journey to travel if we are to make the republic a reality. In any republic, on any continent of the globe the fundamental principle is that all citizens are free and equal before the law. If and when this legislation is enacted, whether in the current or an amended form, we will not be able to say we have a republic in 2010 because all citizens will not be free and equal before the law. There will be those of us who are free citizens and happen to enjoy the status of being married, those of us who are free and able to enjoy the status of having a civil partner, those of us who are able to have children naturally, with medical assistance or by adoption and those of us in loving relationships who will not have that right. This is not republican legislation. It does not deliver and does not go far enough. The Labour Party has been to the fore in promoting liberation in this area and other areas. In the time remaining to me, I will address those who express a concern that we have a secular agenda. In the words of various commentators in the media, my party is anti-religious, has no respect for the belief systems of other citizens in this republic and wants to drive some form of secularisation of the State to the point at which religion would have no place. None of this is true. The place in the western world where religion flourishes most is the United States, a republic where there is a complete and absolute separation between church and state. The places where the church languishes either in irrelevance, dispute or abandonment are the countries in which it used to dominate, namely, Italy, Spain, Portugal and even Poland. I need not mention where we, in this island, are today. Next month we will have the spectacle of the Irish bishops, who have been summoned to another country by the head of another state who happens to be the head of their religion, answering for their behaviour in this country. We do not know what will be the outcome of this development. There was, however, a time when these same officeholders would have told this assembly what to legislate for and how to legislate and that we could not trespass beyond the boundaries they had set for us. That day has gone and will not return in my lifetime and, I hope, the lifetime of my grandchildren. They will, I hope, be republican citizens who will be free to choose to believe and practise whatever they want and, when summoned before a court, will be equal in the eyes of the republican Constitution, both as believers and non-believers. Let me say this on the issue of belief. Everybody is a believer. There is no such thing as a non-believer, just as there is no such thing as a non-national, non-Catholic or non-person. There are citizens who believe different things. Some people believe in God, while others believe in atheism, humanism or agnosticism. We all believe and need the protection and security of a republican state and its constitution to give equality in terms of the rights of belief and to behave in a manner informed by our conscience. We need the laws and courts of the 905 Priority 21 January 2010. Questions

[Deputy Ruairí Quinn.] land and the enforcers of those laws to ensure that the manner in which we behave and act out our beliefs does not impinge on the liberties, rights and beliefs of our neighbours. Attempts to argue there are those among us who have a destructive, secular agenda are the sting of a dying wasp. This claim is not true. We have a liberating republican agenda which seeks to complete the task commenced 94 years ago in this city on this island when the republic was proclaimed. The ringing poetry of the Proclamation is not echoed in the words of our Constitution which does not treat all the children of the nation equally and, as a consequence, does not treat all citizens of the nation equally. Some day the words of the Proclamation will come true. Members of this House will make them law but we will not do so today or for as long as a Bill of this temerity, timidity and inadequacy is put before us by a Government which claims to be the republican party when its better boast is to be the publicans’ party. It is necessary in this discourse to recognise that what cannot be achieved today should not get in the way of making as much progress as possible or serve as an excuse for doing nothing. What cannot be achieved today cannot be used as an excuse for not remembering that while we only be able to do some business because of the conservative majority on the Government side, the majority will have the full and final word on how far this assembly can go. There is a wonderful inscription on the base of the Parnell Monument at the top of O’Connell Street, a beautiful piece of sculpture, architecture and design. Among the many phrases Parnell uttered to the greatest imperial power at that time were the immortal words:

[N]o man has the right to set limits to the match of our nation. No man has the right to say [. . .] “Thus far shall thou go and no further”

We will go as far as the Constitution allows us to go, but that is not the end destination. Until such time as we arrive, this will not be the Republic signed up to in the Proclamation of 1916. That task remains to be done.

Debate adjourned.

Priority Questions.

————

Local Authority Funding. 1. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment his plans for severe weather emergencies; if he will support local authorities financially to deal with the aftermath of the recent severe weather; his plans to do so; and if he will make a statement on the matter. [2945/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): All local authority major emergency plans, including sub-plans for responding to severe weather events, are based on A Framework for Major Emergency Management, which became operative on 30 September 2008. The framework and the plans detail a co-ordination structure that enables the principal response agencies — local authorities, An Garda Síochána and the Health Service Executive — to work together to optimum effect and to integrate with other services including the Defence Forces and voluntary organisations. These co-ordination structures can be used whether a major emergency is declared. It is a principle of emergency management internationally that the response to emergencies builds from the basic organisational units with capability to respond. In Ireland, the principal response agencies are based locally and, where necessary, regionally. 906 Priority 21 January 2010. Questions

As regards financial support for local authorities arising from the recent severe weather, details of extra costs that may arise are not yet available. The potential costs associated with roads repairs will be a matter for my colleague, the Minister for Transport. Costs that may arise in respect of the repair of water mains damaged by the frost and the supply of water to residents who lost mains water supply will be considered when full details are available. Having attended the national emergency response co-ordination committee, and in light of the interaction of the various Departments and statutory agencies, I am satisfied there was an active and sustained response to the recent severe weather conditions by the local authorities and the other principal response agencies, with the support of the Defence Forces and cooperation of other statutory and voluntary bodies. It will be important to learn from experience and accordingly a review of the emergency response co-ordination and inter-agency arrangements will be undertaken. This will assist in determining what further improvements can be achieved and identifying any relevant lessons that can be learned from the experience here and in other European countries over recent weeks.

Deputy Phil Hogan: I thank the front line services in local authorities and in all statutory bodies and agencies for the tremendous work they did over the past few months in dealing with flooding in the first instance and frost and snow in the past few weeks. In spite of funding cutbacks and staff cutbacks, they made a major contribution to keeping essential services going at local level. This was a first test of the Minister’s national emergency plan. The website of the office of emergency planning was difficult to understand, stating: “a national framework for response to severe weather emergencies is being developed to ensure that all existing local severe weather plans are appropriately coordinated and linked.” I want to bring this to the attention of the Minister and ask a question on it.

An Leas-Cheann Comhairle: I am sure Deputy Hogan is referring to it rather than quoting from it.

Deputy Phil Hogan: I am referring directly to it in terms of what it says.

An Leas-Cheann Comhairle: As Deputy Hogan knows, quotations are not in order.

Deputy Phil Hogan: Linkage and co-ordination is required. What linkage and co-ordination was carried out by the Department when it received plans from local authorities at the end of 2008? What an appraisal was carried out? Was the Minister satisfied with all these particular plans and did he sign off on them? When will he receive submissions from local authorities indicating what moneys are required in order to deal effectively with the repairs to roads, water and other infrastructure damaged in the recent winter weather?

Deputy John Gormley: Regarding the last question, as Deputy Hogan knows, I have already received responses from local authorities. Deputy Hogan referred to this being a first test, but the flooding also presented a test. We reacted immediately. I was in a helicopter the very next day and visited Cork, Ennis and Ballinasloe. On every occasion I met with the managers. It was clear to see that at local level the co-ordination plans were working very well. On each occasion I met the emergency services. I am glad Deputy Hogan praised their efforts because they are fully deserving of praise. Their task was monumental and they went about it with great civic spirit. The communities also deserve praise for the way they dealt with it. Deputy Ciarán Lynch may be interested in the fact that I met with two managers from Cork, Cork city and County Cork, and assured them that this Department would not be found wanting when it came to dealing with additional costs. We met with County Galway managers in Ballinasloe and I assured them of my support. Last December, I recouped savings in the 907 Priority 21 January 2010. Questions

[Deputy John Gormley.] Department and over €16 million was paid out to 19 local authorities for exceptional costs arising from the floods in November. The frost and severe weather we experienced recently has just come to an end and we are still considering the damage in a range of areas. We have heard much on potholes in roads recently but that relates to a different Department. In respect of water infrastructure, I will examine proposals from local authorities.

Deputy Phil Hogan: I take it the Minister is giving an undertaking that additional funds will be provided in 2010 arising from submissions received.

Deputy John Gormley: I am not giving any such an undertaking at this stage.

Deputy Phil Hogan: The Minister is saying there is no money and that he will not provide any money.

Deputy John Gormley: I will answer if Deputy Hogan asks a question.

An Leas-Cheann Comhairle: The Minister should allow me to conduct the debate.

Deputy Terence Flanagan: The Minister should put his money where his mouth is.

Deputy Phil Hogan: I have asked the Minister if he will give an undertaking in the House that additional funds will be provided to deal with water and other infrastructure. The Minister has some responsibility as a member of Government in charge of local government to ensure that services provided by local government are properly funded in respect of roads. It is only recently that local roads were transferred to the National Roads Authority and the Minister for Transport. The Minister for the Environment, Heritage and Local Government has a responsibility to ensure that local authorities are properly funded. The Minister did not open his mouth about the €173 million cut in roads last April.

Deputy John Gormley: I do not agree with the Deputy. The roads function and funding for roads, as Deputy Hogan knows too well, transferred to the Department of Transport. Deputy Hogan referred to websites earlier. I have looked at websites of various councils and have seen the budgets for winter maintenance. I discovered that Fine Gael, which has a majority on many of these councils, decided in its wisdom to cut the winter maintenance budget. Deputy Hogan can check this for himself. Deputy Hogan has a responsibility at local level because Fine Gael is in charge of those budgets.

Deputy Terence Flanagan: They are starved of funds.

Deputy Phil Hogan: Pathetic.

Deputy Terence Flanagan: That is a cop-out.

Deputy John Gormley: It is a cop-out on the part of Fine Gael. Even the small bit of responsibility it has, it cannot exercise.

Deputy Phil Hogan: When will the Minister make a decision on the submissions regarding funding to local authorities that affect his Department? I know it does not matter to you because you have only three councillors around the country but it matters the Fine Gael

Deputy John Gormley: You have a majority and you are not exercising that responsibility.

An Leas-Cheann Comhairle: The Minister should speak through the Chair. 908 Priority 21 January 2010. Questions

Deputy John Gormley: I am talking directly to the Leas-Cheann Comhairle.

An Leas-Cheann Comhairle: You said “you”.

Deputy John Gormley: I must try to be very careful in the presence of the Leas-Cheann Comhairle.

An Leas-Cheann Comhairle: In the presence of anyone who is in the Chair.

Deputy John Gormley: We will look at submissions but the most important issue is the water issue. I have examined some of Deputy Hogan’s latest press releases, which state that we have cut water conservation grants. That is not the case; we will increase the amount of money for water conservation. I will make an announcement about that in the near future.

Social Housing Leasing Initiative. 2. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of leasing initiative properties in respect of which full funding approval has been issued that are unsold affordable dwellings; the number of same that are privately owned leased properties; if the title in relation to unsold leased affordable dwellings rests with the local authorities or with another entity; the average leasing cost of affordable homes; the person who has to pay and the location of payment; the average lease cost per month per unit size excluding unsold affordable dwellings; the number of affordable homes and privately leased properties obtained by individual local authorities as part of the leasing initiative that are now occupied; if the utilisation of unsold affordable dwellings in this manner indicates the end of the affordable housing scheme in its current format; the amount of the €20 million allocated for the leasing initiative in 2009 that has been drawn down; and if he will make a statement on the matter. [2661/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): At the end of 2009, 1,933 units had been sourced and approved under the social housing leasing initiative. Some 1,413 units — 1,331 unsold affordable units and 82 units sourced from the private sector — had received full approval by that date. A further 520 private units had been given provisional approval. Some 437 of the fully approved units are considered to be operational, as signed lease agreements are in place. They are either occupied or are in the course of occupation. Given that I did not introduce the initiative until February 2009, this represents significant progress. It shows that the initiative, even at this early stage, is starting to deliver. Under current arrangements, unsold affordable units are leased to approved housing bodies for a period of five years. During this period, the properties are used to accommodate households that are eligible for social housing support. The local authority retains ownership of the units throughout the lease period. The Department of the Envir- onment, Heritage and Local Government recoups to each local authority the interest payments liable in respect of the loans taken by the authority to fund affordable properties in the first instance. The average monthly cost for each affordable unit is €365. This compares to an average monthly cost of €456 for all other lease projects. A breakdown of the cost by unit size is not available. A total of €642,000 was spent under the leasing initiative in 2009. The full-year cost of the fully approved units is approximately €12 million. We will not set targets for additional delivery, in so far as affordable housing in general is concerned, this year. We will have regard to developments in the housing market. The emphasis will be on continuing to make progress with measures to ensure the most effective deployment of already delivered but unsold affordable homes. I refer to their use for social housing purposes, for example. The ultimate intention 909 Priority 21 January 2010. Questions

[Deputy Michael Finneran.] is that the bulk of the affordable units transferred to the social housing leasing initiative will be offered for sale in due course, either to social tenants or under affordable housing arrangements. The last time this issue was raised on Question Time, Deputy Ciarán Lynch asked for a breakdown of the cost of affordable units, as opposed to private units. I apologise for the failure to send that information on to him. It is included in today’s response.

Deputy Ciarán Lynch: What is the average cost per unit of the non-affordable units?

Deputy Michael Finneran: The average cost of such units is €456 per month.

Deputy Ciarán Lynch: I thank the Minister of State for his reply. It seems that this initiative is taking on a life of its own. When the Minister of State announced in this Chamber that a long-term leasing programme was to be introduced, Deputies understood that it involved privately owned developments. Given that a significant sum of money was involved — we were told that €20 million a year would be spent over a 20-year period — questions were asked about whether this represented a bail-out for developers. We were told that the local authorities would hand back these properties to developers in 20 years’ time. It now appears that over two thirds of these properties are affordable homes that are currently vacant. I understand that local authorities have 3,000 vacant affordable homes that they cannot sell. Do I understand correctly that just 82 of the approximately 1,500 properties that have been approved for leasing have come from the private sector? Has the Minister of State met the target that was set for the acquisition of privately owned properties for leasing? The figures I have mentioned do not indicate that is the case. Can the Minister of State explain why this initiative is becoming predominantly based on affordable homes?

Deputy Michael Finneran: This scheme, which was introduced in February 2009, was extended to voluntary bodies in September 2009. It was appropriate that many local authorities concentrated on dealing with their own unsold affordable stock during the first period of the scheme, as we did not want national stock to be sitting idle while people remained on the social housing lists. We will have to accept that local authorities prioritised that area. There is a natural lead-in to any new scheme — everything does not take off immediately. It is worth mentioning that we were within a small number of units of meeting the target of 2,000 that was set for 2009. In addition, hundreds of applications are being processed at present. I do not accept that it is inappropriate for affordable houses to be used as part of the long- term leasing scheme. It is appropriate to include in the scheme properties in which public money has been invested. Approximately 1,300 such units are available, which is not that many. As of October 2009, local authorities estimated that they had 3,100 affordable homes on hand. Some 1,300 of those homes have been approved by the Department for temporary use as social housing under the leasing programme, with a further 800 in the process of being sold. According to the local authorities, fewer than 1,000 available units are on their hands at present. It is worth recording that 1,300 houses were sold under the affordable housing scheme in 2009. There continues to be a significant take-up of the scheme.

Deputy Ciarán Lynch: The Minister of State’s response suggested that there is no clear strategy for dealing with two issues — the number of vacant houses throughout the country and the specific problem of affordable housing. Can the Minister of State tell the House how many vacant private properties there are in the State? I am not sure if he has the figures to hand. I will understand if he does not. It has been suggested that the accurate figure is anything between 50,000 and 300,000. Can the Minister of State give the Chamber any audit figures in response to that? 910 Priority 21 January 2010. Questions

The difficulty with the affordable homes scheme is that the prices were set at the height of the property bubble. The properties that came on to the market last year had prices that were agreed two years earlier. Does the Minister of State agree that the fundamental difficulty with these properties is their price? If they are to be sold, I suggest that he should consider arranging for the prices to be dropped to reflect the current reality of the market. Everyone in this Chamber understood that the leasing initiative was put in place to acquire private properties for long-term leasing purposes. I will not comment on whether we agree with the politics behind that. If this scheme is to be opened up to affordable housing, so be it. When the scheme was announced, the target of 2,000 properties related to privately owned properties. How many of the properties that have been acquired are privately owned?

Deputy Michael Finneran: The Deputy has asked three questions. I have already said that 1,331 affordable units have been approved under the social housing leasing initiative. The local authorities and the voluntary bodies have acquired 289 and 313 private properties, respectively. As I have said, applications in respect of hundreds of other private properties are being processed at present. The scheme has had some success in the short period since it was established. The Deputy also asked about vacant houses. I accept that all types of figures have been cited in the public media recently. We understand, on the basis of information compiled on a professional basis by our researchers, that the normal number of empty dwellings was exceeded by between 122,000 and 147,000 at the end of 2009. Deputies will appreciate that there are always houses that someone has bought but not yet moved into, for example. Such vacancies are short-term, by and large. Our figures are usually pretty accurate. I appreciate that people on the academic side have said there are 300,000 vacant houses. The report prepared for us by DKM provided estimates of total stocks of empty properties of between 228,000 and 253,000. The number of houses that are available for use is in region of 122,000.

Planning Projects. 3. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if, in view of a High Court decision in favour of An Bord Pleanála in October 2009, whether he is supporting a Supreme Court appeal against the grant of permission by An Bord Pleanála for the Galway City outer bypass; the discussions he or his officials have had with the person (details supplied) initiating the court action on this matter; if financial or other supports are being provided by the State; if he has supported other cases in which objections or litigation were initiated planning authorities or An Bord Pleanála; and if he will make a statement on the matter. [2946/10]

Deputy John Gormley: Separate judicial review proceedings challenging An Bord Pleanála’s decision to approve part of the Galway city outer bypass project were taken by a residents’ group, Hands Across the Corrib, and an individual, Mr. Peter Sweetman. The grounds for review included claims that the board had erred in law in giving its approval and had misinterpreted provisions of the habitats directive. The State was named as a respondent. Arising from discussions with the European Commission, it was clear that infringement action against the State and possible injunctive proceedings were likely to ensue if the project proceeded based on this planning consent. Following consultations with the Attorney General, the State contended in the High Court that An Bord Pleanála had misinterpreted the habitats directive. On 9 October 2009, the High Court upheld the board’s decision. Following the High Court ruling, the State and Mr. Sweetman separately sought leave to appeal the judgment to the Supreme Court. Leave to appeal was granted on 6 November 2009 on the basis that the issue involved a point of law of exceptional public importance. The correct interpretation of the habitats directive is critical not only for the purpose of this project but also for future projects. 911 Priority 21 January 2010. Questions

[Deputy John Gormley.]

Neither I nor my Department have had discussions with Mr. Sweetman or Hands Across the Corrib in regard to this case. Neither party is in receipt of financial or other supports from my Department. The question of who meets the costs of various parties to the case is a matter for the courts to determine. I have not supported any other objections or litigation initiated by Mr. Sweetman or Hands Across the Corrib against local authorities or An Bord Pleanála.

Deputy Phil Hogan: The Minister would agree that everyone in Galway would like the matter to be resolved because the outer bypass is an essential part of the city’s infrastructure and will benefit the people of the area. Is it not unusual that the Minister cannot discuss the matter with the National Roads Authority without recourse to the High Court? Is he supporting the Supreme Court appeal? What has been the cost to the State of the proceedings thus far and the estimated cost of the Supreme Court proceedings?

Deputy John Gormley: I am not in a position to outline for the Deputy the costs of the proceedings because, as he will be aware, they will take some time to quantify. This is a conten- tious point of law and we have to get it right because the habitats directive is extremely important. The case revolves around the interpretation of article 6 of the directive and involves the construction of a road through a special area of conservation, SAC. The road’s footprint will comprise over 20 hectares within the SAC and will necessitate the destruction of a sizeable area of habitat, including limestone pavement, which is a priority habitat under the directive. I have dealt with this matter at length on a number of occasions because I regard it as highly important. The board determined that the damage was not significant in the context of the overall site but my legal advice and the clear view of the Commission is that the board’s interpretation is not consistent with the directive. I am advised that the board should have concluded that the damage constituted an adverse impact on the integrity of the site and that consent could only have been granted if the project met the requirements of the derogation procedure provided by the directive. Derogations are allowed where an overriding public interest can be demonstrated. It is crucial to point out that the board decided not to avail of this option. Commission officials have made it clear that if a remedy is not found to setting aside the board’s decision, further action would be considered.

Deputy Phil Hogan: A less costly solution should have been found. The Minister could have discussed the issues with the Minister for Transport rather than resort to the High Court. Would he accept that it would have been preferable to address the matter through Departments and State agencies rather than incur these enormous costs?

Deputy John Gormley: No.

Deputy Phil Hogan: If a Fianna Fáil Minister entered into litigation in support of one of his or her own, as the Minister, Deputy Gormley, is doing in respect of Mr. Sweetman, the Green Party would be jumping up and down to criticise political interference. Mr. Sweetman is a former Green Party candidate. He is entitled to pursue his action but the fact that the Minister is supporting this at the taxpayer’s expense creates the perception that he is on the side of Mr. Sweetman, even though the High Court has dismissed his case.

An Leas-Cheann Comhairle: The Deputy should not make adverse comment on anybody who is not in the House.

Deputy Phil Hogan: I did not mention any names until the Minister identified Mr. Sweetman. 912 Priority 21 January 2010. Questions

Deputy John Gormley: Deputy Hogan is certainly impugning my integrity.

Deputy Phil Hogan: No, I am not.

Deputy John Gormley: He implied that I am in cahoots with someone who was a member of my party many years ago. That very serious allegation is completely untrue and I hope it is withdrawn.

Deputy Phil Hogan: I did not make any such allegation. The Minister is sensitive.

Deputy John Gormley: What he is trying to say would be very clear to anybody listening to our discussion. An Board Pleanála is entirely independent. It makes decisions all the time and I would not agree with all of them. However, in terms of Ireland Inc., the board would be seen as representing Ireland in interpreting the habitats directive. We have to extricate ourselves from that difficulty. Following clear legal advice and working in conjunction with the Com- mission we came to this sensible decision. I am mindful of what the Commission expects from this country. We have dealt with a number of infringement proceedings but we cannot afford to continue infringing in this way because we must comply with our European obligations.

Water and Sewerage Schemes. 4. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if, in view of water shortages in many parts of the country, he will develop a new national policy initiative or funding scheme to address water leakages and the current nationwide water shortage problems; and if he will make a statement on the matter. [2947/10]

Deputy John Gormley: In the last ten years a total of €1.8 billion has been invested by the Exchequer in a new water supply infrastructure under the water services investment programme. Recent water services investment programmes have also included specific sub-programmes on water conservation. Funding was provided to local authorities to put in place water management systems to monitor water use and losses throughout supply networks, fix leaks and replace defective pipes where repair is no longer an economic option. Exchequer spending on water conservation over the last ten years amounted to €168 million. This investment provides the platform for intensive investment in mains rehabilitation as this is a key priority under the next water services investment programme for 2010-12, which is currently being finalised in my Department. In inviting local authorities to pre- 4o’clock pare needs assessments as an input to developing the new programme, the authorities were asked to prioritise key contracts and schemes in this area and they will also be required to prioritise water conservation works as an alternative to new infrastructure provision. A greater proportion of the funds available annually under the programme will be assigned specifically to water conservation works. Current water supply problems are being managed by local authorities as best they can through intensive efforts to identity and repair leaks and by encouraging the public to use water sparingly. Authorities are also reducing pressure in their systems and, as a last resort, cutting off water supplies at night time in order to optimise the management of reservoir storage. Arrangements have been put in place to provide tanker water to areas without piped water supplies.

Deputy Phil Hogan: Everyone was surprised at the extent of the water shortages during the winter crisis, although leaks go with the territory given the weather we experienced. Ireland does not appear to be as well prepared for the type of weather we experienced this winter as other European countries. What lessons have we learned about water conservation and leaks? 913 Priority 21 January 2010. Questions

[Deputy Phil Hogan.] Has the Minister prepared a plan to prevent future incidents? His Department provides 70% of the necessary finance for projects and, despite opposition from his Cabinet colleagues, he has held the line on maintaining expenditure in 2010. However, this will not be enough to meet the requirements of 2015 or the challenges that arose during the severe weather crisis. When will the Minister make an announcement regarding expenditure for 2010? Does he propose to devise a new approach to deal with the types of problems that arose during the recent severe weather crisis?

Deputy John Gormley: Local authorities have invested €130 million in water conservation projects since 2003, most of which came from Exchequer funds. I can say with absolute certainty that this sum will be substantially exceeded in the three-year period of the next water services investment programme from 2010 to 2012. I will make an announcement shortly in that regard. The degree of leakage varies considerably in different local authority areas from 16.8% to 58.6%. In Dublin, for example, we have managed through investment to reduce the rate of leakage to some 28%, but that remains unacceptably high. We must recognise that water is a scarce resource. I refer here to treated water which costs more than €1 billion per annum. In other words, domestic customers are mistaken if they believe they are getting free water. We are all paying for it in some form. The programme for Government includes a commitment to introduce a system for metering of water where customers will have to pay for consumption in excess of a certain threshold. If people were paying such charges already, it is unlikely they would have allowed their taps to run as they did during the recent severe weather. What is required is a change of mindset. In this new era water is a scarce resource which must be treated with care.

Deputy Phil Hogan: I am pleased the Minister referred to a “new era”. I am sure he has studied Fine Gael’s NewERA document which outlines our proposals for stimulating the economy through investment. It offers plenty of scope in this area.

Deputy John Gormley: It does not offer any costings.

An Leas-Cheann Comhairle: Deputy Hogan must put a question to the Minister.

Deputy Phil Hogan: I will be glad to assist the Minister in regard to the costings. Will he indicate the precise level of investment required to bring us into line with our obligations in regard to water investment by 2015 and to deal with the water shortage problems? In the Dublin city and county area, for example, there is a problem in regard to the capacity of treatment plants. Can the Minister update us on when investment will be prioritised in that area in order to increase capacity there?

Deputy John Gormley: As I indicated, we are making assessments and will increase substantially the amount to be invested in water conservation in the same way as we fulfilled our commitment to invest in flood protection. Investment will happen because it is an absolute necessity. During the cold snap there was demand in the Dublin area of some 624 megalitres, which broke all previous records. The level of demand will increase in general as our population increases. Apart from the need to replace pipes, there are various other issues to consider in this regard. For example, I have introduced new building regulations relating to dual flush. Some of the existing pipes were poorly laid, which is a question of building regulations, and consideration must be given to that. A multifaceted approach is required. We will make an assessment of the damage that has been done and investment will continue apace. The recent difficulties drive home the point that our water supply is precious. We have 914 Priority 21 January 2010. Questions had problems in the State with substandard drinking water as a consequence of cryptosporid- ium pollution. The current and recent water shortages have been severe, with people in parts of my constituency going without water for seven or eight days. It is unacceptable in a First Word country that people should have to endure what is not merely inconvenience, but hardship.

Waste Management. 5. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment the financial liability of the taxpayer in the event of a breach of contract regarding the construction and operation of the Poolbeg waste to energy facility, Dublin; and if he will make a statement on the matter. [2948/10]

Deputy John Gormley: The facility in question is being advanced by Dublin City Council, acting on behalf of the four Dublin local authorities in the context of their statutory regional waste management plan, by way of a public private partnership, PPP. The State is not a party to this PPP agreement and has undertaken no financial or other liability in respect of this project. As I previously indicated, it is my understanding that the quantities of residual waste currently being collected by the Dublin local authorities may not be sufficient to meet the volu- metric contractual commitment which forms part of the public private partnership agreement. Any inability on the part of the authorities to meet this commitment could give rise to public financial implications which would be a matter for those authorities to address. My concern in this regard is linked to my determination to ensure that the pathway to economic recovery on which we are now embarked does not lead to a business as usual approach to waste generation or to the management of the waste which might result from increased consumption. Rather, I am determined to secure significant decoupling of waste arising from future growth and, to that end, I will bring proposals to Government to implement key recommendations of the international review of waste management policy published in November 2009. In these circumstances, I have decided that the most appropriate course of action is to appoint an authorised person under section 224 of the Local Government Act 2001 to conduct a review of the parameters of the project. This will address the nature and extent of financial and related risks and consequences which may arise for Dublin City Council in connection with its participation in the project agreement, in a changing policy, legal and economic environment.

Deputy Phil Hogan: Has Government policy on waste changed since 2007 and, if so, in what way? I refer to a Government decision rather than ministerial statements. Has the Minister the power to prevent the arrangement between Dublin City Council and Covanta in respect of the Poolbeg incinerator from proceeding?

Deputy John Gormley: It is clear that Government policy in this area has changed in many aspects. I have introduced various regulations including, for example, provision to ensure that we increase the amount of waste collected from food outlets. That regulation will be enacted in June. We have clearly stated that incineration will no longer be the cornerstone of policy.

Deputy Phil Hogan: What is the position now?

Deputy John Gormley: I am saying clearly that incineration is not the cornerstone of waste policy.

Deputy Phil Hogan: Is that a Government decision? 915 Other 21 January 2010. Questions

Deputy John Gormley: Of course. How many times do I have to say it? In regard to the project in question, I said in my reply that it has been put forward by Dublin County Council. It may be embarrassing for Deputy Hogan to be reminded that it was his party’s councillors who voted for the proposal to be included as part of the waste plan.

Deputy Phil Hogan: When will the Minister put a stop it?

Deputy John Gormley: They were told at the time by my colleagues on Dublin City Council that this would invariably lead to the project going ahead, but they ignored that advice and voted in favour in any case.

Deputy Terence Flanagan: The Minister could stop it now.

Deputy John Gormley: It is important that people understand this facility has a capacity of some 600,000 tonnes and, as such, will have a major impact on the waste market. The judgment before Christmas by Mr. Justice McKechnie was in line with the contention of the waste industry, namely, that the facility should be reduced in size and that it will have the effect of being anti-competitive. The authorised officer who will look at the contract will be in the best position to make a judgment regarding all the various aspects of the case.

Deputy Phil Hogan: When will the authorised officer be appointed and when will that person report? Will he or she underwrite any particular costs or breaches of contract on behalf of the taxpayer if he or she is serious about stopping this project?

Deputy John Gormley: I hope to meet the proposed authorised officer this week, after which that person should be in a position to commence work very quickly. We will have to examine how long it will take to complete the task but I hope it can be done as quickly as possible. I will report back to the Oireachtas as soon as the authorised officer reports to me. It is vital that we engage in this process in order to avoid at all costs a situation where there is a significant contingent liability on the taxpayer.

Other Questions.

————

Flood Response Reports. 6. Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the local authorities that furnished the requested reports by the suggested date in view of circular letter MEM 01-09 seeking flood response information; the local authorities that failed to do so; and if he will make a statement on the matter. [2458/10]

Deputy John Gormley: Written responses to circular letter MEM 01-09 have been received from 22 of the major local authorities since the flooding event in November 2009. The authorities which have not provided written reports are Donegal, Fingal, Laois, Longford, Louth, Meath, Monaghan, Offaly, South Dublin and Waterford county councils, and Dublin and Waterford city councils. A number of those local authorities were not seriously affected by the flooding and in some cases detailed reports are delayed until flood waters fully recede so that the full impact can be ascertained. In the case of some local authorities, the local services primarily involved in the response to the flooding have subsequently been engaged in responding to the severe weather event. My Department is following up with all local authorities, and where written responses are not yet 916 Other 21 January 2010. Questions available, oral reports have been received. Interim reports have also been received from the local authorities most affected by the flooding. I made approximately €16.5 million available to 19 local authorities in December to meet unexpected expenditure incurred in dealing with the immediate response to the flooding in their functional areas.

Deputy Ciarán Lynch: I thank the Minister for his reply. As I understand it, 11 or 12 local authorities have not responded to the Minister.

Deputy John Gormley: I listed the local authorities that have not responded.

Deputy Ciarán Lynch: I was trying to count them as the Minister read them out and I think they amount to 11 or 12.

Deputy John Gormley: The Deputy has counted them.

Deputy Ciarán Lynch: I assume the Minister wrote to each local authority. It would be acceptable and understandable, given the workload faced by local authorities, not just with the flooding but taking into account the Christmas period and the snow and inclement weather that their priorities might have been to deal with the emergencies they faced rather than to write reports. What will happen to the information? Where will it go and will it be brought to the attention of the national emergency committee in a particular format or en bloc? Will an independent assessment of the data be made? I do not imply anything untoward of the local authorities but a certain level of performance indication would be derived from the information that has been sent to the Department. Will there be an assessment to ensure that the information is accurate and captures all local authority activity?

Deputy John Gormley: Yes. I can assure the Deputy that that will happen. The reports have been circulated to the relevant sections of my Department for consideration and any action that may be required. The reports were also sent to the Department of Transport, which has responsibility at central government level for national and non-national roads and also to the Office of Public Works, which is the lead Government agency for the implementation of the national flood policy in the matter of flood risk and mitigation. It is important that when we consider all of the reports, the one Deputy Lynch would be most familiar with is the one from Cork, that we focus on the areas that proved to be vulnerable on that occasion. As the Deputy is aware, areas flooded that had never flooded previously. We have to take that into account for future emergency planning and write it into the equation. All of that is being done. We are carrying out a full assessment of what occurred during the floods. All of that information will be fed into the assessment so that we can learn valuable lessons from the experience.

Deputy Joanna Tuffy: Some local authorities were more impacted by the flooding in November than others. For that reason they would have incurred extra costs. They may have had to spend more money on staffing hours and the clean-up afterwards. For example, when I was in Cork recently I read in the Evening Echo of how the county manager of Cork County Council has raised concerns about the costs of the clean-up following the floods and the recent snow given that the council is stretched to the limit of its finances. I raised the matter previously that Cork County Council had to let go a lot of staff in the past year. Will the Minister provide extra funding for certain local authorities that are struggling because they have had extra responsibility this year? 917 Other 21 January 2010. Questions

Deputy Ciarán Lynch: I thank the Minister for his supplementary comments. The emergency situation comes down to two single factors, one is the emergency plans themselves and the other is risk assessment. The latter determines the level and ultimately the quantity of the response. The reports being sent to the Minister are intended to capture information on both those matters and how the emergency responses were worked out. I assume that to a certain extent not everything was foreseen in the risk assessment. The Inniscarra dam was a case in point where 500 million metric tonnes of water were going through it in a single second. As the Minister indicated, there is a particular difficulty in Cork where the western side of the city flooded as opposed to the traditional eastern end of the city which was prone to flooding during periods of inclement weather. What action will be taken ultimately? Will we see an adaptation to various emergency plans or to how risk assessment is carried out in future?

Deputy Bernard J. Durkan: I welcome the request for the information concerned. Will the Minister broaden the request to take into account all factors that might have contributed to the flooding that took place in November and early December? Notwithstanding the reliance on climate change issues, there should be more reliance on drainage issues, the need for which has been clearly identified over a number of years. I accept the Minister is aware of the situation himself, although the recent replies to some of my parliamentary questions would not seem to indicate that. The public is concerned and the European institutions are ready to provide backup funding provided that a careful and adequate assessment is carried out of the contributory causes of the flooding. Will the Minister confirm to the House that this will be done, and that the emphasis will be put on the prevention of any recurrence, which can be done with a little effort?

Deputy John Gormley: In reply to Deputy Tuffy, in December I made €16.488,257 million available to 16 city and county councils and three town councils to assist them with the unexpected expenditure involved in responding rapidly to the flooding in their areas. Deputy Lynch inquired about risk assessment and how we will use the information. We must use the information to ensure that in those areas which have now been shown to be vulnerable, for example the quays in Cork, that we put in place proper flood protection. We have increased spending on that provision. It is the OPW which is examining the matter of risk assessment in detail. In reply to Deputy Durkan, the preliminary estimate would indicate that the total cost of the damage could be approximately €100 million. Most of the expenditure is associated with repairs to national and non-national roads and bridges and quay walls in Cork and Limerick. Other areas of expenditure are connected to water supplies, housing and the general costs of the clean-up. I understand that the Department of Finance will shortly decide on whether it is possible to submit an application for assistance under the European Union’s solidarity fund. The threshold of overall expenditure before any assistance would be payable is high at more than €973 million. I am trying to estimate what will be the total cost. I understand that the insurance industry has estimated that the total cost could be approximately €250 million. I do not have the cost for agriculture or other areas. We are trying to quantify the expenditure. It is clear from all of those figures that this is something that can cause major damage and personal hardship. I am aware of that. When one considers the cost associated with flooding, this is why investment in prevention is such a good investment.

FÁS Training Programmes. 7. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Govern- 918 Other 21 January 2010. Questions ment if he will engage with other Departments to explore the possibility of developing new FÁS training programmes that focus on the development and maintenance of parks and landscapes of local authorities; and if he will make a statement on the matter. [2542/10]

Deputy John Gormley: First, as the Deputy will be aware, ministerial and departmental responsibility for matters concerning FÁS training programmes lies with the Tánaiste and Department for Enterprise, Trade and Employment, respectively. Local authorities have a strong record in carrying out work on behalf of local communities in areas such as the reno- vation of community buildings and general environmental work of great value at local level. Arising out of a meeting between the Tánaiste, myself and the County and City Managers Association last year, local authorities are engaged with FÁS, with the support of my Depart- ment and the Department of Enterprise Trade and Employment, to explore the potential of their involvement in training and employment opportunities in this regard. A working group representative of county and city managers and senior FÁS personnel has been established to advance this work as quickly as possible. Among the issues being considered are general job placements, support for redundant apprentices and placements for graduates and recently unemployed professionals. The areas referred to by the Deputy will also be considered under the relevant FÁS schemes such as the work placement programme. I assure the House of my continued support in this regard.

Deputy Terence Flanagan: I thank the Minister for his response. Will the Minister give an indication of the number of places that will become available? As he knows, many people are unemployed who would have no difficulty in getting involved and undertaking some of this work. Many of our parks have had cutbacks imposed on them by the local authorities as a result of the direct cut in local government funding. It is essential the public gets a proper service in our parks, that parks are properly maintained and rivers properly drained and cleared out. The Minister should seek to get these people working immediately and contributing to society.

Deputy John Gormley: I emphasise that this is a matter primarily for the Tánaiste. However, I would be very happy to highlight the Deputy’s proposal to her and her Department. The maintenance of our public parks and our local authority landscapes is of great importance to local communities. The constructive proposals that have been made are worthy of careful consideration. The Deputy asked about the numbers. I understand existing FÁS schemes, such as the work placement programme which has been designed to provide nine months’ work experience for 2,000 unemployed individuals while they retain their social welfare entitlements, can be used to do the type of work envisaged by the Deputy. It will certainly be brought to the attention of the Tánaiste and Minister for Enterprise, Trade and Employment.

Deputy Joanna Tuffy: Has the Minister information on how many places have been approved for the FÁS work placement scheme for local authorities? I understand many public bodies have been approved but how many local authority places have there been to date?

Deputy John Gormley: I will try to get that information. I have various figures in front of me but I will try to give an exact figure which I do not have at present.

An Leas-Cheann Comhairle: The Minister can revert to the Deputy.

Deputy John Gormley: Yes. 919 Other 21 January 2010. Questions

Deputy Ciarán Lynch: I welcome the Minister’s response to Deputy Terence Flanagan on taking this to the Tánaiste and Minister for Enterprise, Trade and Employment. I imagine that the intent of this question and what is proposed is to complement existing local services rather than to replace them. On a similar theme, the Minister for Enterprise, Trade and Employment’s reply to a parliamentary question of mine before Christmas showed there are 2,400 apprentices within six to 12 months of the completion of their apprenticeships who are without work and cannot complete their qualifications until they acquire work. Given that local authorities, particularly in today’s economic climate, are among the biggest procurers of contracts and tenders, would the Minister consider putting a position in place whereby local authority tendering processes would in future take cognisance of the situation and ensure these apprentices could be taken on, even for a temporary period, to complete this training? At present, the breakdown is that there are 1,650 of these apprentices in the construction sector, more than 500 in the electrical sector, 68 in the engineering sector and more than 100 in the mechanical sector. The simple suggestion I make to the Minister is that, as part of the tendering process, a number of these people in Cork, in the Minister’s constituency and elsewhere could be taken on and given that six months’ to 12 months’ experience. Ultimately, the difficulty they have is that they cannot secure employment either here or abroad until they have that paperwork completed.

Deputy John Gormley: Again, I emphasise that these are primarily matters for the Tánaiste and Minister for Enterprise, Trade and Employment, which is why I could not give exact figures to Deputy Tuffy. The suggestions made by all of the Deputies are very constructive ones. I will be happy to bring them to the attention of the Tánaiste. I agree that what the Deputy says makes sense. In the current economic downturn, we have to be innovative in the way we approach these matters to ensure people can carry out this sort of very valuable work and, as the Deputy says, merely supplement what is already there. This is not a means of replacing people and we need to emphasise that point.

Social and Affordable Housing. 8. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Govern- ment the number of local authorities that have reduced affordable housing prices in line with the market fall; the way he will instruct other local authorities who have not reduced prices; and if he will make a statement on the matter. [2537/10]

Deputy Michael Finneran: The provision of affordable housing, including setting of the sale price, is primarily a matter for individual housing authorities. The sale price of an affordable home is determined largely by its cost. Where authorities consider it appropriate in the context of reduced open market prices and the continuing need to ensure value for money outcomes, they have the option to reduce the sale price of any affordable house by further subsidisation utilising Part V moneys, clawback or other internal capital receipts on hand. My Department issued comprehensive guidance to local authorities in April 2009 outlining a range of measures that could be considered in dealing with the build-up of unsold affordable homes. Local authorities were advised that in cases where they believe price is the main factor inhibiting sale and where there would be a prospect of achieving a sale if additional discount was provided, they should consider the option of further discounting. My Department does not collect information on the number of cases in which local authorities chose this option because it is for local authorities themselves to decide, given their unique position to make judgments 920 Other 21 January 2010. Questions on market conditions in their respective functional areas, the most appropriate option to be pursued in individual cases.

Deputy Terence Flanagan: I thank the Minister of State for his reply. It is disappointing he did not intervene or listen to what Fine Gael had to say about Dublin City Council reducing its affordable prices last year. He should have issued a directive to other local authorities to do likewise. There is now a situation where they have a glut of affordable housing on their books and it will be a long time before they get to sell those properties. Does the Minister of State agree that the affordable housing partnership has not performed since it was set up in 2005 and that it has been a complete waste of taxpayers’ money? The Minister of State said that more than 1,300 social and affordable housing units were provided last year but this is only a drop in the ocean. Much more needs to be done and should have been done over the years. Will the Minister of State comment on this and on the fact his policy has failed to link social housing with the private market? Clearly, the private market has not delivered.

Deputy Michael Finneran: I reject the claim made by the Deputy on this matter. There is not a glut at this time. As I explained in an earlier question, our local authorities have been innovative and in the first nine months of 2009 they were successful in selling 1,300 affordable homes, which is a success that should not go unrecorded. In addition, I have taken 1,300 units into long-term leasing. At this time, there are fewer than 1,000 units on the books of all local authorities and I am told the local authorities are quite confident of further sales in this area. On the suggestion of a glut, I am not in a position to direct local authorities to reduce their prices as I do not have the authority. The local authorities entered into negotiations and made contracts with developers. I do not have the figures for every year but they were made available in an earlier question. I will supply them, but I assure the Deputies that the number of affordable homes provided has been considerable. The affordable homes partnership continues to play a supportive role with local authorities in the area of marketing and there is a special website for this purpose. People can also buy direct from the local authority and the affordable homes partnership has contributed in a positive way to making homes affordable.

An Leas-Cheann Comhairle: A number of Deputies have indicated. I will allow extra time for this question but I ask everybody to be brief.

Deputy Ciarán Lynch: The Minister of State said that in April 2009 he gave directions to local authorities——

Deputy Michael Finneran: I did not give directions.

Deputy Ciarán Lynch: ——regarding the disposal of what was becoming a bottleneck in the affordable homes sector, with some 3,000 properties held in stock at the end of the year. The Minister did not speak about discounting prices in April because I raised the issue with him and was told he had indicated to local authorities that they should do anything but drop the price. The current difficulty arises from the fact that local authorities are locked into a contract with developers made at the height of the property bubble.

An Leas-Cheann Comhairle: Can the Deputy ask a question?

Deputy Ciarán Lynch: The Minister of State said local authorities could not take the hit when they reduce the price of a property by finding money from somewhere else. However, local authorities should go back to developers so that the latter can take their share of the hit. 921 Other 21 January 2010. Questions

[Deputy Ciarán Lynch.] The Minister of State seems comfortable with developers holding onto agreements made at the height of the property bubble and holding local authorities to ransom.

Deputy Joanna Tuffy: We need to review the whole idea of affordable housing. Affordable housing was a contract with developers and was designed to keep the bubble inflated so that house prices continued to go up. It also addressed the fact that most people could not afford to buy very expensive houses. Many people now seem to view affordable housing as no cheaper than housing sold on the open market.

Deputy Bernard J. Durkan: Correct.

Deputy Joanna Tuffy: The Government should consider using some affordable housing to allocate to people on the housing list. Local authorities moved away from providing housing and concentrated all their eggs in the affordable housing basket. It was the wrong strategy and we need to go back to providing council housing for people who need it.

Deputy Michael Finneran: I welcome the comments of Deputy Tuffy, which are very much in line with what I have put in place to make affordable housing available for social housing purposes under a number of headings. Following a number of requests from local authorities I have agreed that 200 properties should go into their stock in this way. I have also allowed 1,300 to go into long-term leasing, making a total of 1,500 to people on housing lists. In April 2009, I issued detailed guidelines to local authorities on what they could do with their affordable homes. We have been successful in that we now have fewer than 1,000 affordable homes on our books as compared to 3,900 previously. The affordable homes partnership has played a part.

Deputy Bernard J. Durkan: Does the Minister of State agree that many of the houses off- loaded to very vulnerable people in the middle and low income groups in the past 12 months were not at affordable prices? In fact, a debt was hung around their necks at a time when they were most vulnerable. Does he agree that the long-term lease system is not a good one in terms of value to the consumer or the taxpayer? This is particularly the case at a time when there is an abundance of houses all over the country which are unoccupied but are in the market at prices far below those of the affordable scheme. There are now almost 100,000 families on housing lists throughout the country, many of whom have to rely on rent support from the HSE and the Department of Social and Family Affairs.

An Leas-Cheann Comhairle: I ask the Deputy to be brief.

Deputy Bernard J. Durkan: This is as brief as I can be. This costs the taxpayers and the families in question up to €500 million per year. It is extraordinary that nobody has concluded that the obvious thing to do is acquire some of those houses and allocate them at rental prices, with an option to purchase them at a later stage.

Deputy James Reilly: Does the Minister of State accept that 1,300 houses represents an extraordinary failure, given the fact that 100,000 people are on housing lists? It is just over 1% of the total. The term “affordable houses” is a misnomer as houses on the open market are cheaper. 922 Other 21 January 2010. Questions

Deputy Michael Finneran: The figure of 1,300 houses represents only part of the overall delivery. In 2008, we dealt with 20,230 households.

Deputy James Reilly: This is 2010.

Deputy Michael Finneran: We do not have figures for 2010 but I expect the rental accommodation and long-term leasing schemes to deliver between 4,000 and 4,500. On the list available to us, which I presume is the same one as Deputy Durkan has——

Deputy Bernard J. Durkan: The Minister of State knows those figures are not correct.

Deputy Michael Finneran: The list is from the Custom House. It states that 20,000 out of a figure of 56,000 are already being supported by the State with rent supplement. I do not have the figures for 2009, but I believe the figure will be approximately 19,000. We are addressing the numbers on the lists. All over the world, particularly the United States which is a very wealthy country——

Deputy James Reilly: It was.

Deputy Michael Finneran: ——there is no safety net. Our country is looked up to for the way we provided a safety net for homeless people under the rental accommodation scheme, even in the current difficulties. We are one of the few countries that have such a net. We are lucky to have had no deaths from homelessness because everybody is accommodated. There is a bed for everybody in this country and people are not on the side of the road for want of such a policy. The system may not be perfect but it addresses the difficulties people have at this time.

Deputy Bernard J. Durkan: The Minister should see what is happening.

Severe Weather. 9. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment his views on whether the recent cold snap was a severe weather emergency; and if he will make a statement on the matter. [2485/10]

10. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the reason the emergency planning committee under the direction of his Depart- ment did not convene sooner; and if he will make a statement on the matter. [2487/10]

Deputy John Gormley: I propose to take Questions Nos. 9 and 10 together. In relation to the recent sustained period of severe weather, the critical consideration was the response of the relevant statutory agencies tasked with addressing emerging events. The response arrangements of the statutory and voluntary agencies in dealing with the developing situation were substantially tested. Some areas of the country experienced more severe problems than others and required more co-ordinated responses by the various agencies. I would like to take this opportunity to pay tribute to all the staff of local authorities and other statutory agencies and to members of voluntary bodies for their dedication and contribution to ensuring that services were maintained as far as possible. Up to the Christmas period, local authorities acted to ensure that the national road network remained open for purposes of public transport and access for the private sector for the delivery and receipt of goods and services. My Department monitored the emerging position and, in light of a deteriorating trend, I convened the national emergency response co-ordination committee. There was no unnecessary delay in this regard. The committee facilitated a whole of 923 Other 21 January 2010. Questions

[Deputy John Gormley.] Government approach and provided a forum for different Departments and agencies to exchange information, agree priorities and ensure that any matter which required a national response was dealt with expeditiously. This complemented but did not replace the continued co-ordination and interagency arrangements at local level. The response of the local authorities and the other principal response agencies, with the support of the Defence Forces and other statutory and voluntary agencies was active and sustained. At all times, the co-ordination and interagency arrangements set out in the framework for major emergency management were implemented at local and regional level by the principal response agencies working together with other statutory and voluntary bodies.

Deputy James Reilly: I concur with the Minister in his praise of those who worked very hard. I would liken them to troops in the field who fought bravely to maintain the roads and services. Is there something about the Minister’s constituency and being leader of the minor party in a Government with Fianna Fáil that leads the general to abandon his troops in the middle of battle? That happened with the leader of the Progressive Democrats who upped and left in the middle of a war. The Minister’s invisibility during the course of this distressing crisis for many householders throughout the country was extraordinary. I do not know whether he was in the sun enjoying himself along with the Minister for Transport, Deputy Dempsey, while the people here suffered and therefore was not aware of the hardship they were enduring. There is a quarry with salt stocks in Carrickfergus in the North of Ireland. I understand it is the only such quarry in the country. Salt can be purchased there for €44 per tonne. In my area of Fingal only 50% of the roads were gritted. Most people were running out of their supplies of salt and when they went to buy more it was all gone. The North of Ireland retains 50,000 tonnes of salt for emergency purposes. What is our reservoir — which can be a space to accommodate anything — or stockpile of salt? I understand it is 50,000 tonnes. Yet, if we were to take a lead from the North of Ireland, proportionally, we would have more than 217,000 tonnes of salt. I ask the Minister, as I asked this morning in this House, will he put in place a clearly identifiable individual who will retain authority for salt stocks in this country? I referred this morning to the excellent work done by Met Éireann in predicting this crisis. Will the Minister put in place such a person similar to the person who is responsible for our oil reserves?

Deputy John Gormley: As the Deputy knows, this is primarily a matter for the local authorities, which report directly to the Minister for Transport and this matter is co-ordinated by the National Roads Authority. That authority, which was part of the emergency committee, ensured we had adequate supplies of salt at all times. If one was to consider our response compared to Northern Ireland, which the Deputy mentioned, or that of our nearest neighbour the UK and countries beyond there, we succeeded in keeping the national primary route ice free at all times. That was a remarkable achievement.

Deputy Bernard J. Durkan: The Government did not.

Deputy John Gormley: We did.

Deputy James Reilly: It did not. I drove on it and I know it did not.

Deputy Bernard J. Durkan: Where was the Minister at that time?

Deputy John Gormley: We certainly did do that. 924 Adjournment 21 January 2010. Debate Matters

Deputy James Reilly: People in the rest of the country could not access the primary roads.

Deputy John Gormley: What is said is simply the case. I watched the response of the Prime Minister of the UK in the House of Commons who revealed that the UK at that stage had only six days of salt supply. They have six days’ supply while we have ten days’ supply. I am giving the Deputy the facts and he may not accept them but these are the facts.

Deputy James Reilly: It is a figment of the Minister’s imagination that the roads were open.

An Leas-Cheann Comhairle: Allow the Minister to reply.

Deputy John Gormley: No, it is a fact.

Deputy James Reilly: The Leas-Cheann Comhairle took his life in his hands when he trav- elled from Wexford up to Dublin on the N11. The Minister should try to give us the facts.

Deputy John Gormley: We got approximately 3,000 tonnes of salt from Carrickfergus. I must complement the Department of Foreign Affairs and others who were engaged in this process. We managed to access salt from all over Europe. Our embassies were engaged in this process. I attended a ministerial Council meeting at the weekend and I am aware that our Spanish embassy was involved in accessing salt. Salt supplies were a problem across Europe. I spoke to my ministerial counterpart in Germany who told me that Germany had a problem in this respect. This is a country which is used to heavy snowfalls and gets severe weather during the winter period, yet it were struggling during this period. I want to comment on what the Minister of State, Deputy Finneran said earlier. This was a whole of Government response, including dealing with the homeless.

Deputy James Reilly: There was a large hole in the Government.

Deputy John Gormley: I am more than happy for anybody to review our response because it compares very favourably with the responses elsewhere.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputies Chris Andrews — the labelling of products imported from Gaza; (2) Deputy Pádraic McCormack — the need to introduce relocation compensation grants in respect of homeowners who cannot move back to their homes following the recent flooding; (3) Deputy James Bannon — the implementation of the River Shannon basin management plan; (4) Deputy Ruairí Quinn — the dissolution of the National University of Ireland; (5) Deputy Willie Penrose — the need to defer the implementation of the electronic tagging of sheep; (6) Deputy Joe Costello — the need to address the problems in hospital accident and emergency departments; (7) Deputy Terence Flanagan — the need to extend the moratorium on house repossessions; (8) Deputy Jan O’Sullivan — the need to address the problems in hospital accident and emergency departments; and (9) Deputy Joan Burton — the need for action to deal with girls previously resident at homes run by religious orders. The matters raised by Deputies Terence Flanagan, Burton, Chris Andrews and Quinn have been selected for discussion. 925 House 21 January 2010. Repossessions

Adjournment Debate.

————

House Repossessions. Deputy Terence Flanagan: I thank the Ceann Comhairle’s office for the opportunity to raise this issue that needs to be urgently addressed. There is a need for the Minister for Finance and the Government to make a decision, as a matter of urgency, on whether to extend the moratorium on house repossessions or face to the reality and introduce a NAMA-type scheme for householders, especially those people who have large mortgage arrears and face the strong possibility of their houses being repossessed. We know from new figures published this week by the credit agency, Moody’s, that 6,400 householders did not make any form of mortgage repayment last year. It is critical that some sort of an arrangement is arrived at immediately, otherwise these people will be at severe risk of losing their homes. The one-year moratorium on house repossessions is due to finish at the end of this month. These situation in which these people find themselves needs to be addressed as a matter of urgency and they need assistance. The Minister for Finance has only kicked to touch on this issue. The Government introduced the moratorium on house repossessions but since then it has not given any guidance or reassurance to anyone who finds himself or herself in difficulty and faces the prospect of losing his or her home. The Fine Gael Party has introduced the homeowners support scheme, which will help and protect people and ensure that will retain their home. Family protection is what is needed. There are more than 100,000 people on the housing lists throughout the country. The last thing we need is an increase in the numbers on those lists as a result of house repossessions. There are 300,000 vacant houses and the Government should help out ordinary people who find themselves in extreme difficulties The Fine Gael homeowners’ support scheme would allow NAMA to take an equity share in a property after negotiating a write down in the outstanding debt with the relevant financial institution and then the property owner would have an opportunity to service that debt directly with NAMA and an opportunity to buy back the equity stake if the owner gets to sell the property at some stage in the future. Consequently, NAMA would realise the money at the point of sale. We know from figures published by the Financial Regulator that at the end of the September last year, 331 residential properties were repossessed by banks, which equates to one home a day having been repossessed. Yet the Minister for Finance, who is completely out of touch, said in his Budget Statement that only 20 homes were repossessed last year, which is completely at odds with the statistics. The Minister of State might comment on that in his reply. The reality of repossession was highlighted clearly in the media in December in a High Court case involving a couple who had lost their jobs. Stepstone Mortgages would not re-negotiate an agreement with the couple to accept a mortgage repayment of €800 a month. It sought a payment from them of €2,400, which they were not in a position to meet. These people were not afforded an opportunity by that institution or any help by the Government and now find themselves as part of the homeless statistics and housing statistics. The Government and the taxpayer will have to have to pick up the tab. Clear intervention and help is required for people who find themselves in this difficulty We know from the CSO that 77,500 households are in arrears on their mortgage repayments. The problem will snowball in the months and years ahead. It is imperative that action is taken now. The mortgage interest supplement is inadequate and is clearly not helping those who 926 House 21 January 2010. Repossessions need help repaying their mortgages. The Government must loosen the qualifying conditions and include sub-prime lenders among the qualifying lenders. I hope the Minister will have some good news. He should either extend the moratorium on housing repossessions or actually face this problem head-on.

Minister of State at the Department of Foreign Affairs (Deputy Dick Roche): I thank Deputy Flanagan for raising this issue, because there is no Member of the House who does not understand the importance that Irish people place on home ownership. However, I must take the Deputy up on his last point. It is important to emphasise that the current code of practice will not, as the Deputy appears to believe — although I am sure his belief is sincere — be ending this month.

Deputy Terence Flanagan: It is not working.

Deputy Dick Roche: Well, it is not ending this month, which was the premise on which the Deputy tabled this matter.

Deputy Terence Flanagan: The moratorium on repossessions is to end.

Acting Chairman (Deputy Cyprian Brady): The Minister without interruption.

Deputy Dick Roche: The code of conduct on mortgage arrears, which was published by the Financial Regulator last February, applies to all regulated lenders on a statutory basis and replaces the earlier voluntary code operated by mainstream lenders. The code applies only to mortgage lending to consumers in respect of their principal private residences in Ireland. The main features of the code are early recognition of problems — as soon as even one payment is missed, lenders must communicate with the borrower to establish why the repayment schedule has not been adhered to and how the situation may be rectified; active management of arrears problems — a plan for clearing the mortgage arrears can be developed that is consistent with the interests of both lender and borrower and takes into consideration all viable options open to the borrower; examination of alternative solutions — the lender must explore with the borrower alternative repayment measures, including changing the monthly repayments to help address the arrears situation; and the use of repossession only as a last resort — the lender must not seek repossession of the property until every reasonable effort has been made to agree an alternative repayment schedule with the borrower. It is important to emphasise that the code is not due to expire at the end of the month, as the Deputy appeared to suggest. The code requires a lender to wait at least six months from the time arrears first arise before applying to the courts to commence enforcement of any legal action on repossession, so there is no deadline looming after which this protection will expire. In the case of Bank of Ireland and AIB, both of which have been recapitalised by the State, this period has been extended to 12 months, also from the time arrears first arise, for the duration of the recapitalisation subscription agreement. As a further measure, the Minister has been in touch with the Financial Regulator to request that consideration be given to extending the moratorium on mortgage arrears from six to 12 months for all mortgage lenders. The Irish Banking Federation, representing the mainstream lenders, published a statement of intent in November 2009 which provides further reassurance to homeowners who find themselves genuinely unable to maintain repayments on their principal private residence. The statement has been agreed and supported by all IBF members and is a welcome development. It is also welcome that the IBF oversight committee on the implementation of the statement of intent will include a representative from the Money Advice and Budgeting Service, MABS. 927 House 21 January 2010. Repossessions

[Deputy Dick Roche.]

The House will be aware that there have been a number of developments relating to the Government’s commitments in the renewed programme for Government dealing with protecting the family home and helping those in debt. In particular, I refer to the recent Government decisions on matters relating to indebtedness and mortgage arrears and also personal debt management and enforcement. Work has commenced on bringing forward options for dealing with these matters. In his budget speech the Minister refocused mortgage interest relief on those who bought their homes at the peak of the market. Where a homeowner’s entitlement to mortgage interest relief was to expire in 2010 or after, he or she will now continue to receive it up to the end of 2017. In addition to the code of conduct on mortgage arrears, a number of additional support measures are in place, including the mortgage interest subsidy scheme, of which the Deputy will be aware. The Government also funds MABS, which provides valuable support for families in difficulty. MABS is the main Government-funded service which provides assistance to people who are over-indebted and need help and advice in matters relating to debt management. A new debt protocol agreement has been finalised with MABS and the Irish Banking Federation which provides added reassurance for borrowers with the most difficult issues. Historically, repossessions in Ireland have been low. A comparison of repossession figures from mainstream IBF members — that is, not including sub-prime lenders——

Deputy Terence Flanagan: That is the problem.

Deputy Dick Roche: ——with figures from the UK Council of Mortgage lenders indicates that UK repossession rates per 100,000 mortgages are 30 times those in Ireland. Media reports of repossession cases taken through the courts show that most involve sub-prime lenders, as mentioned by the Deputy, which made mortgages available to borrowers who would not have been customers of the mainstream lenders, often because of perceived higher risks. Cases in which borrowers stopped payment after a few months, failed to respond to repeated attempts to contact them or even abandoned their houses feature regularly in media reports of repossession cases before the courts. Suggestions that thousands of ordinary families are at risk of being evicted are far from the truth. They are unnecessarily frightening for those who find themselves in difficulty and should not be made.

Deputy Terence Flanagan: There were 331 repossessions last year. That is the reality.

Deputy Dick Roche: All estimates of the extent of negative equity appear to be based on general economic assumptions, but it is difficult to assess realistic price levels when property market activity remains low. Being in negative equity does not change one’s mortgage payments, and the Financial Regulator has estimated that only a small proportion of borrowers with the covered institutions who are in negative equity are in arrears on their payments. As the House is aware, NAMA, the legislation pertaining to which has now passed into law, is designed to address systemic risk in our banking system. The suggestion that NAMA could operate for householders is not an appropriate means of addressing the issue of mortgage arrears for home owners. Everybody accepts that we have gone through a difficult period. The Government is confident that measures taken recently, along with the existing supports to which I referred, will assist those who are in difficulty. The advice we all give regularly in our clinics to those who find themselves in this difficult situation is that the most important thing is to contact one’s 928 Residential 21 January 2010. Institutions lender and use the facility of MABS. In this way most people can work their way through these difficulties. I accept the Deputy’s premise that this is a serious issue——

Deputy Terence Flanagan: It is a time bomb.

Deputy Dick Roche: ——and nothing I have said should be taken as undermining the com- passion we all feel for those who find themselves in this situation.

Residential Institutions. Deputy Joan Burton: The issue of women who were committed to Magdalene laundries is one of the last unresolved issues of the hidden Ireland of institutions, religious orders and the State so eloquently set out in the Ryan report and a whole series of articles, books, films, memoirs and television programmes. Just before Christmas last year, the Justice for Magdalene group met senior officials in the Department of Justice, Equality and Law Reform. At that meeting, Mr. James Martin, an assistant secretary at the Department, stated that after the passage of the Criminal Justice Act 1960, the State routinely placed women on remand in the Magdalene institutions and paid a capitation grant for each woman so referred. I welcome the admission by the Department that women were routinely referred to various Magdalene asylums via the Irish court system in an arrangement entered into by members of the Judiciary and the four religious congregations operating Magdalene laundries in the State. Women were also placed in Magdalene laundries “on probation” by the Irish court system, in some cases for periods of up to three years. There is cross-party agreement among many of Members of the Dáil in support of demand by the Justice for Magdalene group that records relating to all such women and to these institutions should be released. In addition, it now seems appropriate that the Minister for Edu- cation and Science should withdraw the assertion he made on 4 September 2009 that “the State did not refer individuals to Magdalene laundries; nor was it complicit in referring individuals to them”. The Department of Justice, Equality and Law Reform has come clean and the Department of Education and Science should do the same. The Minister for Education and Science must come before the House and withdraw these references, as well as his previous references to women in Magdalene laundries being some form of employee in routine employ- 5o’clock ment within the laundries. There is a need to seek to address the wrong that was done to these women. They need a forum in which to tell their story, recover their history and be acknowledged by the State. Many of the survivors, who are not numerous, now are elderly, poor and living in greatly reduced circumstances in Ireland, the United Kingdom and the United States. It is welcome that the Department of Justice, Equality and Law Reform has entered into a serious dialogue with the representatives of these women. Last July, on foot of the publication of the Ryan report, the Labour Party introduced to the Dáil a Bill prepared by my colleague, Deputy Quinn, which sought to address some of the proposals in the all-party resolution which followed on from the Ryan report. This included a proposal to extend for the purposes of redress, the age of majority to the then age of majority of 21. The Labour Party believes this would deal with a significant number of cases. For people under 40, there is almost no memory or familiarity with the laundries or the other institutions in which women were incarcerated, in many cases because they were having a child on their own or because they otherwise had come to the attention of the courts. Incarceration in such institutions was seen by the court system and a doctrinaire Catholic State as a substitute for female imprisonment. As I noted previously regarding the school I attended, a laundry was 929 Residential 21 January 2010. Institutions

[Deputy Joan Burton.] attached to the Sisters of Charity convent, Stanhope Street, that I believe continued until the end of the 1960s. The same also is true in other parts of the country. I believe the public in Ireland and a wide body of cross-party opinion in this House, strongly supports justice and restitution for the women who were incarcerated and who worked like slaves in these laundries. It is up to the Minister for Education and Science to do this because in the Ryan report and many of the other reports, the Department of Education and Science had a pivotal role in committing people to institutions. Much has been learned from the Ryan and Murphy reports and a series of small steps remain to be taken in respect of the legacy of the Magdalen laundries. I believe the Department of Justice, Equality and Law Reform has begun on the right road and the challenge is for the Minister for Education and Science to come before this House and do the same by remedying this historic wrong.

Deputy Dick Roche: At the outset, I apologise that the Minister is not present. I agree with the Deputy that this is one of the most bleak periods and episodes in what, it must be said, was a bleak period in Irish life. Second, on reading the materials for the response to the Deputy, I note the bulk of them come from the Department of Justice, Equality and Law Reform. I make this point in advance as a caveat because it may be that the Deputy will seek to retable this issue for discussion with a specific focus on her concerns regarding the Department of Education and Science. Therefore, the Deputy should forgive me if the reply does not quite touch on the areas on which she sought a response. However, it is a response to the question that was sent to the Department of Justice, Equality and Law Reform. I also note, by way of summary, that the materials pertaining to the sentencing of persons, the Probation Act and remand touch on some of the areas to which the Deputy referred. On the issue of sentencing persons, there is no statutory power for a court to sentence a person to be detained in a Magdalen laundry or any other such institution as an alternative to imprisonment. However, it is known from the commission of inquiry into the reformatory and industrial school system in 1934 to 1936, known as the Cussen report, that judges were reluctant to send certain young women convicted of criminal offences to female prisons. Instead they would send the offender to a home conducted by a religious order, provided that the young woman and the religious order agreed. The Department does not have details of these cases and the records in question are court records. On the issue of the application of the Probation Act, the Probation of Offenders Act provides that where a person is found to have committed a criminal act — I accept that the majority of the young women to whom the Deputy referred committed no such act — but the court is of the opinion that having regard to the age, health or mental condition of the person or because of extenuating circumstances it is inexpedient to inflict any punishment, the court can discharge the offender conditionally on the person entering into a recognisance to appear before it within a specified period not exceeding three years. In the case of District Court cases, no conviction was recorded unless the person did not comply with the conditions. The research to date has established that in 1924 and subsequent years one of the conditions of probation that was imposed in a number of summary cases in Dublin was a requirement that the person reside in Our Lady’s Home convent in Henrietta Street. This was not a Mag- dalen laundry per se although it did operate a laundry. The order in question received some payment from the then Department of Justice in the form of an annual grant to the Roman Catholic Prisoners (Female) Aid Society and subsequently directly to the home. A report exists on the conditions there and there also are references to probationers being sent to the Good Shepherd Convent, High Park, Drumcondra, the Good Shepherd Convent, Gloucester Street, the Sisters of Charity, Donnybrook and the Sisters of Mercy, Dún Laoghaire. In 1942 and 1943, 930 Residential 21 January 2010. Institutions

45 women were assigned by the courts to such homes under the Probation Act. It appears that these orders and arrangements were made by the courts without reference to any Department of State. The requirements of a probation order, including its duration, would be made known by the court to the offender. The records of such orders are court records. As the Deputy is aware, the courts have the power to remand a person charged with criminal offences in custody pending trial and sentencing. Periods of remand normally are quite short. The Department of Justice, Equality and Law Reform is responsible for ensuring that there are places of detention which can be used for remand purposes. In October 1960, the then Minister for Justice approved St. Mary Magdalen’s Asylum, Sean McDermott Street and Our Lady’s Home in Henrietta Street, Dublin for use as a remand institutions for girls between the ages of 16 and 21 years pursuant to the Criminal Justice Act 1960. Payments were made by the Department in respect of such cases. Prior to 1960, the only option for the courts was to remand such persons to Mountjoy female prison. Incomplete records are held by the Department of Justice, Equality and Law Reform and in the archives relating to payments made in respect of persons remanded to St. Mary Magdalen Asylum, Sean McDermott Street, Dublin. The Minister is happy to allow access to them in the normal way. However, inquiries made to date indicate that many older files were destroyed by flooding and that it is the practice to destroy support documentation relating to payments after seven years. It is understood that part of the arrangements with the two institutions was that those remanded were to have same rights and privileges as provided for remand prisoners in Part III of the Rules for the Government of Prisons 1947. In general, in the time available and on behalf of the Minister, it is not inappropriate to describe the situation as grim. I should also add that all the indications are that the majority of persons in such religious institutions did not come through the criminal justice system at all but entered due to poverty, family or other circumstances. The Department of Justice, Equality and Law Reform has no records relating to such people. The Deputy asked specifically about the position of the Department of Education and Science. The Minister for Education and Science has indicated that children who were sent to Magdalen laundries from institutions scheduled to the Residential Institutions Redress Act 2002 can be considered for financial redress if, as children, they were victims of abuse while resident in the laundries. However he does not intend to otherwise extend the redress scheme to such institutions. The Department of Justice, Equality and Law Reform continues to liaise with the Department of Education and Science, given its co-ordinating role in the area of institutional child abuse and related matters. On a personal level, I wish to add to this response. It is imperative that a humane approach be adopted to what was, as I noted the outset and as I am sure the Deputy will agree, probably the bleakest period in Irish history, when any sense of our humanity appears to have been put aside. I apologise if issues in respect of the Department of Education and Science were not dealt with in this reply. I hope that if, at a future date——

Deputy Joan Burton: It would be helpful were I allowed another Adjournment from the Department of Education and Science and the Minister of State might speak to his colleagues in that regard.

Deputy Dick Roche: I certainly will put in a word for the Deputy and I acknowledge her point.

Deputy Joan Burton: I appreciate that and thank the Minister of State. 931 Foreign 21 January 2010. Conflicts

Foreign Conflicts. Deputy Chris Andrews: On 10 December 2009, the British Department for Environment, Food and Rural Affairs issued technical advice on the labelling of produce grown in the occupied Palestinian territories. It was issued to allow British retailers and consumers to distinguish between products from Palestinian producers and those from Israeli settlements in the region. That act would give the consumer the ability to choose the produce he or she buys. I urge the Government to follow the British Government on this matter. Currently under European law, foods from outside the EU must be labelled with their country of origin. Products from the West Bank are not differentiated between settlement and Palestinian. However, under new, progressive UK guidelines, the British Government recommends indicating whether Palestinians or settlers made the product on the labels of West Bank produce. Israeli settlements in the occupied Palestinian territories are unlawful under international law. They contravene Article 49.6 of the Fourth Geneva Convention 1949, which prohibits an occupying power from transferring its own civilian population into occupied territory. The move by the British Government peacefully and constructively sends a message to Israel that Britain recognises that this is illegal behaviour and will provide its citizens with appropriate information to allow them make an informed decision now on whether they wish to purchase foods produced in illegal settlements. Israel has shown flagrant disregard for both international law and the human rights of the Palestinians. According to Mr. John Ging, in 2009, the number of Gazans living in abject poverty trebled to 300,000, which equates to one in five residents of Gaza. Gaza is one of the poorest and most densely populated places on earth and, for the past three years, the Israelis have maintained a blockade of the Gaza Strip, which has slowly and systematically brought the residents and infrastructure of the area to their knees. The Government and the international community are failing in their moral obligation to prevent human rights abuses in this matter. Israel is breaking the law without any repercussions, but it is important to acknowledge that Ireland and the Minister for Foreign Affairs, in particular, has been a positive influence and been supportive of the peace process between the Israelis and the Palestinians. I ask that the Government implements this labelling process without delay as a gesture to the Palestinian people that they are recognised by the Irish people.

Deputy Dick Roche: I thank the Deputy for raising this issue because the plight of the Palestinian people has a particular resonance with the Irish people. I do not know why that is but I suspect it has something to do with our history. I am glad the Deputy recognised the Government has been unequivocal in its condemnation of what has happened there. In December 2009, the UK Department for Environment, Food and Rural Affairs, DEFRA, issued technical advice to importers and retailers concerning country of origin labelling for produce grown in the Occupied Palestinian Territories. The guidelines, which are voluntary, advise on distinguishing between produce grown by Palestinians and by Israeli settlers. This issue relates essentially to produce grown in the West Bank, rather than Gaza. There are no longer any Israeli settlements in Gaza. In addition, because of the ongoing blockade of Gaza, to which the Government and almost every Member are firmly opposed, virtually no Palestinian produce is being exported from Gaza. The UK guidelines were formulated in response to pressure from consumers in the UK or from retailers who were themselves responding to consumer pressure. They involved a lengthy consultation process between the relevant UK Government departments, led by DEFRA, in which the Foreign and Commonwealth Office participated to advise on the political context. This was followed by the circulation of draft guidelines and a second round of consultations with retailers, importers, consumers and other interested stakeholders. 932 Departmental 21 January 2010. Bodies

The Minister for Foreign Affairs and I have discussed this and he has followed the UK consultation process with interest and he took careful note of the issuing of the new guidelines in December. It is important to make clear that there is nothing to stop Irish retailers now from clearly labelling goods to distinguish settlement produce. The example of the UK suggests, however, that many retailers feel more comfortable doing so, or requiring such labelling from their suppliers, when there are clear Government guidelines to follow, to which the Deputy referred. The Government’s position on settlements in the Occupied Territories has been clear and consistent. We consider all the territory occupied by Israel in 1967 to be still occupied territory, we do not recognise any purported annexations of such territory, and we regard all Israeli settlements in Palestinian territory as illegal and contrary to international law. The Minister for Foreign Affairs has repeatedly stated that Israel’s failure to comply fully with its commitments under previous international agreements to halt all settlement expansion constitutes a major obstacle to the peace process and the achievement of a negotiated two-state solution. The Irish people have also made clear, most notably regarding the conflict in Gaza a year ago, their deep concern about the issue of Palestine and the continuing encroachments on the rights and lands of the Palestinian people. Produce from the West Bank, including from settlements, is not and should not be labelled as “Product of Israel” but an identifier of “Produce of the West Bank”, or something similar, could well mislead consumers into assuming they were buying goods from Palestinian producers. There is an element of a double edged sword to this. Many Irish consumers might well wish to be aware if they are buying produce originating in illegal settlements. I am, therefore, in favour of consumers being given the information to make this choice, and of similar guidelines issuing here. The Minister for Foreign Affairs is in agreement with this view. Product labelling is not the responsibility of the Department of Foreign Affairs but rather a matter primarily for other Departments. However, the Minister has requested officials in his Depart- ment to discuss with the other relevant Departments with a view to following best practice observed in other countries.

Departmental Bodies. Deputy Ruairí Quinn: I thank the Ceann Comhairle for allowing me to raise the following issue: the decision of the Minister for Education and Science to dissolve the National University of Ireland, NUI, without meaningful consultation with the four constituent universities, namely, UCC, UCD, NUI Galway and NUI Maynooth, and the five recognised colleges to which the NUI makes awards, namely, the Royal College of Surgeons, the National College of Art and Design, the Institute of Public Administration, the Shannon College of Hotel Management and the Milltown Institute; having regard to the absence of the publication of the draft legislation, qualifications (education and training) Bill, which is not due to be published until the end of 2010; in advance of the publication of the report of the Hunt group established in February 2009, which is reviewing the overall strategy for third level education; and in the absence of a vibrant and coherent Government policy to promote Ireland internationally as a centre of excellent for third level education. In response to the original proposals in the McCarthy report, the NUI published a document in which it stated:

First, it would not save the State any significant moneys whatsoever. McCarthy claims that abolishing NUI would save the Exchequer €3 million annually. The annual State grant is just less than €13,000. 933 Departmental 21 January 2010. Bodies

[Deputy Ruairí Quinn.]

Secondly, it would seriously damage a valuable national brand at home and abroad. NUI degrees enjoy a high recognition nationally and internationally. This is important, particularly in medicine and health sciences. NUI institutions are increasingly successful both in attracting international students to Ireland and in delivering programmes on campuses abroad. Abol- ishing NUI would severely inhibit this growing internationalisation.

Thirdly, the member institutions of NUI all support its retention. The four constituent universities and the five recognised colleges all support the retention of NUI and the continuation of its role as the centre of a federal university.

Fourthly, the removal of the NUI role in awarding qualifications would not serve the interests of the NUI recognised colleges.

Fifthly, the abolition of NUI would dismantle a national institution, strongly associated with the State since its foundation in 1908, which has a proud record of support for the language, history and culture of Ireland.

The promised legislative changes will be incorporated in Seanad reform legislation under the guidance of a Department that cannot get its own legislative act together. The notion that it will hitch this wagon of institutional reform to the much more dubious train of Seanad reform is absolute nonsense. What the Department of Education and Science has done is to create an atmosphere of complete instability and uncertainty as to the future of these institutions. It promised that change will be delivered through a most dubious vehicle, that of Seanad reform, which if it is to go the direction that all of us believe will probably be necessary will also require a constitutional referendum. It is illogical and inexplicable that this instant and unilateral announcement was made yesterday at three minutes to midnight in terms of the consultation process. The chancellor and the registrar of the NUI were summoned at 11 a.m. yesterday by the officials of the Minister for Education and Science to be told by the Minister that this was going ahead. Many people in some of our key universities received no advance knowledge that this was likely to happen. The Minister of State has a good record on educational matters and by virtue of his professional background has a very clear understanding of this. If we want to become a knowledge economy, which is a shared aspiration throughout the House, and if we want to use the resources of our educational institutions which have an international reputation then disman- tling the brand of the National University of Ireland is not the way to go. Already, damage has been done by the Department of Education and Science in scaling down the marketing efforts associated with promoting Ireland as a centre of international educational excellence. The education Ireland Bill has been demoted to the point where it will not be brought forward. This admission has been made by the Minister for Education and Science, Deputy O’Keeffe. In addition, his suggestion that responsibility for the marketing abroad of Irish educational excellence at third level, which came to his attention during a recent visit to China, should be carried out by Enterprise Ireland has not been picked up by that body. To add insult to injury, and chaos and uncertainty to a clear well-established situation which the current occupants want to retain and which on its abolition will deliver no saving of any significance to the State, the Minister has introduced this announcement and I ask him to withdraw it and to reconsider what the future should be.

934 Departmental 21 January 2010. Bodies

Deputy Dick Roche: I have a lengthy reply from the Department of Education and Science but I will draw the Minister’s attention to the concerns expressed by Deputy Quinn. I am taking the Adjournment matter on behalf of the Minister, Deputy O’Keeffe, who apologises for his inability to be here. As Deputy Quinn is well aware, the Government has been considering the role of the NUI in the context both of the establishment of the new qualifications and quality assurance and the recommendation on dissolution contained in the McCarthy report. The qualifications and quality assurance landscape was examined with a view to simplifying the many relationships between colleges and agencies and the Government recently approved the general scheme of the legislation bringing the functions of the National Qualifications Authority of Ireland, the Irish Universities Quality Board, HETAC and FETAC into a new single agency. I must say that the proliferation of agencies has left me a little in the cold. In the October 2008 budget, the Government announced that the NUI’s functions would be considered in the context of the establishment of an amalgamated qualifications and quality assurance agency and there was a consultation paper issued on the issues and submissions were received. At the same time a consultative process on the future of the higher education sector has been under way. There has been ample opportunity for all interested parties to make their views known. Since the enactment of the Universities Act 1997, the NUI has not been a federal university in any real sense. While the NUI supplies some shared services, all significant powers ordinarily associated with a university are directly assigned to the four constituent universities. They make their own awards and have their own quality assurance procedures which are externally reviewed not by the NUI but by the Irish Universities Quality Board. While the NUI senate provides a forum for discussion on most major issues the universities themselves make the decisions. New partnerships between universities and institutions are evidence that the agenda on col- laboration between higher education institutions has moved on and that the NUI is becoming less relevant. The current arrangement where a separate awarding and quality assurance framework is maintained by NUI for only five recognised colleges is not sustainable. Some of these recognised colleges are exploring alternatives themselves. The recognised colleges could enter a quality assurance and award making relationship with the new agency or with an existing university. The dissolution of the NUI is not primarily a matter of saving money. The net savings arising from dissolution may be in the region of €1 million. Rather it is a matter of being unable to support the continuation of the NUI to carry out its remaining functions, the bulk of which will now most likely be performed by the constituent universities themselves. The Minister of Education and Science concluded that having a separate institution make awards for a small and reducing number of recognised colleges and to deliver certain shared services for some of the universities is neither strategic nor sustainable. It is in this context that the Government has decided to dissolve the National University of Ireland. There is no need to delay while the higher education strategy is being finalised. As Deputy Quinn stated, the NUI has made an enormous contribution over the past 100 years to our cultural life and national development. The decision to dissolve the NUI was not taken lightly. The NUI brand enjoys respect and recognition domestically and internationally. The awards made by the NUI’s constituent universities are entitled awards of the NUI, and will continue to be so. The Minister is open to discussing with the constituent universities an appropriate mechanism to ensure the protection of the integrity and international reputation of the NUI degree, which is the core issue raised by Deputy Quinn. 935 The 21 January 2010. Adjournment

Deputy Ruairí Quinn: That is nonsense.

Deputy Dick Roche: The legislation amalgamating the qualifications and quality assurance bodies will include provision for the amalgamated agency to establish a code of practice and quality mark for the provision of educational services to international students. Education and training providers will be able to apply for the quality mark based on their compliance with the code of practice, which will cover such issues as treatment of fees and support services for international students. Additional measures will apply to providers of English language courses. The quality mark will be a valuable promotional tool for education and training providers, and it is a necessary tool. In addition, under new arrangements recently put in place by the Minister to promote Ireland as a centre for international education, Enterprise Ireland has been given operational responsibility, under his authority, for the marketing and promotion of the “Education Ireland” brand overseas and the development, promotion and marketing of international higher education. I was surprised at the Deputy’s comments in this regard because on a number of recent visits I was aware of Enterprise Ireland having an input. It may differ from place to place, I am not sure. Co-ordination of our national effort is hugely important. That is why the Minister has established a high level group on international education, which will co-ordinate the efforts of the education sector and the national agencies. This group will meet for the first time next week.

Deputy Ruairí Quinn: I think that answers my point.

Deputy Dick Roche: Maybe so. The Minister is confident these initiatives will further strengthen Ireland’s reputation for educational excellence and help to ensure that we can take fullest advantage of the growing market in international education. Work will now begin on determining, in consultation with the NUI and the constituent universities, the most appropriate arrangements for distributing NUI functions. On the question of the NUI’s role in the election of members of Seanad Éireann, the Minister will work closely with his colleague, the Minister for the Environment, Heritage and Local Government in the context of wider plans for Seanad reform. Like Deputy Quinn I have some experience of this and I wish them both well. It is intended that appropriate legislative provision for dissolution will be made in legislation amalgamating the qualifications and quality assurance bodies. That is from where the reference to Seanad Éireann comes. I will ensure that the Minister is aware of the Deputy’s concerns because I believe that the NUI has made a very valuable contribution to graduates. However, I must also make the point that I believe the educational landscape in Ireland has changed out of all recognition in recent years.

Deputy Ruairí Quinn: Yes.

Deputy Dick Roche: We provide world-class education and whatever institution looks after the quality mark and the marketing we should get on with it because phenomenal opportunities exist for Ireland.

The Dáil adjourned at 5.30 p.m. until 2.30 p.m. on Tuesday, 26 January 2010.

936 Questions— 21 January 2010. Written Answers

Written Answers.

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

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Questions Nos. 1 to 10, inclusive, answered orally.

Home Loan Scheme. 11. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if applicants are still required to have been refused a mortgage by two banks before being adjudged credit worthy for the purposes of the home choice loan scheme in view of the fact that the scheme is currently targeted at creditworthy first-time buyers; and if he will make a statement on the matter. [2466/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Home Choice Loan is intended not to provide an incentive for households to enter the housing market, but to provide access to mortgage finance to facilitate certain first-time buyers who have themselves decided to purchase a home at this time. The scheme is therefore designed to respond, in a very targeted way, to a specific set of circumstances in the housing market whereby prospective middle income first-time buyers, who would previously have been in a position to access mortgage finance from one of the financial institutions, are not currently in a position to do so, due to the impacts of the credit crunch and the general global curtailment of lending to households and businesses arising from it. It is important to clarify that applicants under the Home Choice Loan Scheme are not deemed to be credit worthy by having been refused loan finance elsewhere. All applications are rigorously assessed having regard to an applicant’s ability to pay, credit history and rating and all other aspects of a strict formal lending policy. An applicant’s ability to pay is also stress- tested to assess their capacity to meet their repayments in the event of significant interest rate rises. It is only after all of these requirements have been met that an applicant can be deemed to be credit worthy for the purposes of the scheme. The requirement for applicants to provide evidence of two refusals or inadequate loan offers from private financial institutions is in place to ensure that those credit worthy households who are in a position to have their loan finance requirements met by a private financial institution, do so. 937 Questions— 21 January 2010. Written Answers

Local Government Reform. 12. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment when the local government efficiency review group will report; if local government reform is postponed until after that group reports; and if he will make a statement on the matter. [2495/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have asked that the Local Government Efficiency Review Group complete its work and report to me by mid-2010. The Group’s findings and recommendations will then be brought to Government to consider in the appropriate policy and financial contexts. Significant changes to local government will continue in parallel with the work of the Local Government Efficiency Review Group. The Government’s commitment to hold direct elections for the Mayor of Dublin this year is unchanged, and I will be bringing a draft scheme of a Bill to provide for the Dublin Mayor to Government shortly. The Government decision to introduce a directly elected Mayor for Dublin in 2010, and the legislation to provide for it, marks a first step in implementing broader local government structural change, in line with the renewed Programme for Government. This will be more fully addressed in the Local Government White Paper, now at an advanced stage of preparation.

Social and Affordable Housing. 13. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the number of properties that are leased for the long-term housing needs of persons seeking social housing; and if he will make a statement on the matter. [2525/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): To the end of last year, some 1,933 units were sourced and approved for leasing in order to meet the housing needs of persons requiring social housing support. Of these, 437 units are deemed to be operational on the basis of signed lease agreements in place. Given that I only introduced the Social Housing Leasing Initiative in February 2009, this represents significant progress and shows that the initiative, even at this early stage, is already starting to deliver. The progress made in 2009 will be built on and developed further in the year ahead. It is anticipated that the leasing initiative and the RAS programme will together deliver some 4,000/4,500 units in 2010, accounting for 50% of the total social housing output expected this year. These delivery mechanisms will continue to grow in importance in terms of our housing supply programme in the years ahead. Given increased housing needs at a time of limited Exchequer resources, leasing and RAS offer a pragmatic way of continuing to meet general housing needs, while allowing us to prioritise the available capital funding for programmes targeted at the most vulnerable and disadvantaged households. Leasing and RAS are of course more than just a pragmatic response to market conditions. They constitute an important component of a graduated and flexible system of housing supports, within a lifecycle approach to meeting housing needs, which was clearly articulated in the Government’s 2007 housing policy statement, Delivering Homes, Sustaining Communities.

Water Services. 14. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government when he expects the roll out of water meters for domestic homes will begin; if 938 Questions— 21 January 2010. Written Answers the cost of new meters will be met by local authorities or by central Government; if he plans to introduce domestic water charges for all domestic users at the same time or on a gradual basis as meters are installed; and if he will make a statement on the matter. [2554/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The renewed Programme for Government contains a commitment to introduce charges for water in a way that is fair, significantly reduces waste and is easily applied. I will shortly be bringing detailed proposals to Government on the approach to the metering of households on public supplies, including details on the financing and delivery of the metering programme. Legislation will also be drafted to provide local authorities with the powers to charge for domestic water use. Following the phased installation of water meters, households will be charged for water services based on usage in line with the government commitment. It is envisaged that the installation of water meters will commence during 2011.

Proposed Legislation. 15. Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government when he will bring forward legislation for a directly elected mayor for Dublin; the powers this position will have; and if he will make a statement on the matter. [2516/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 12 May 2009 I announced that the Government had decided to introduce a directly elected Mayor for the Dublin Region in 2010. This decision arises from the commitment in the Prog- ramme for Government to introduce a directly elected Mayor of Dublin, and from the considerations in the Green Paper on local government which I published in April 2008. The Government’s decision to introduce a directly elected Mayor of Dublin will deliver significantly strengthened leadership for the city and region, with enhanced accountability and a direct connection with the citizen. The Mayor will primarily act as a strategic policy maker who will also work to integrate the activities of local government and the wider public service in and across Dublin. The Mayor will be equipped with a suite of substantial powers across the functions of local government, and will have the authority and powers to deliver real leadership. He or she will establish policy frameworks for the Dublin Region including in the areas of land-use planning, waste management, and water services and will also chair the Dublin Transport Authority. The specifics of the Mayor’s responsibilities will be set out in legislation. The Government’s commitment to hold mayoral elections this year is unchanged. Given this intention, it will be necessary to have the relevant legislation in place in advance. I will be bringing a draft scheme of a Bill to provide for the Dublin Mayor to Government shortly. The Government decision to introduce a directly elected Mayor for Dublin in 2010, and the legislation to provide for it, marks a first step in implementing broader government change.

Emergency Planning. 16. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if, unilaterally or in conjunction and consultation with other relevant Departments he intends or expects to initiate, participate or co-operate in a structured national plan to address the issue of flooding at various locations throughout the country that have previously been the subject matter of correspondence with his Department and with other Departments from local communities; if his attention has been drawn to the existence of European Union 939 Questions— 21 January 2010. Written Answers

[Deputy Bernard J. Durkan.] support funds for simple remedial works that can have the effect of preventing and alleviating flooding now and in the future; and if he will make a statement on the matter. [2617/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The need to deal in a proactive manner with the issue of flood risk was recognised by the Review of Flood Policy agreed by Government in 2004. Following the Review, the Office of Public Works was assigned Lead Agency responsibility for the management of flood risk. In this regard, I understand that the OPW is commencing Flood Risk Studies with a view to the preparation of Catchment Flood Assessment and Management Plans. The role of my Depart- ment, where there is serious flooding, is to ensure that the local authorities are prepared to respond promptly to ameliorate the worst effects in relation to those aspects which they have direct responsibility. In this regard local authorities act in co-operation with other Principal Response Agencies — an Garda Síochána and the Health Service Executive — and the voluntary agencies and the Defence Forces to limit the effects on individuals whose lives may be put at risk or who may be exposed to serious hardship. The main concern is that effective emergency plans are in place based on the Framework for Major Emergency Management approved by Government in 2006. The management of the emergency response then falls to the local authorities and the other response agencies. In relation to assistance from the European Union Solidarity Fund towards the cost of damage arising from the flooding, this is a matter for consideration by the Depart- ment of Finance.

Planning Issues. 17. Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government his views on the current retail planning guidelines; if further amendments are being considered; and if he will make a statement on the matter. [2550/10]

284. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the proposals or planned timeframe for a review of the retail planning guidelines 2005; and if he will make a statement on the matter. [2819/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 17 and 284 together. Since the Department’s Retail Planning Guidelines came into force in 2001, Ireland has undergone considerable change in terms of economic and social development, particularly in relation to population expansion and settlement patterns. In this period, there has been a considerable expansion of retail infrastructure and services which has been positive in facilitating greater competition in the retail sector. In addition, retail strategies have been prepared by all planning authorities as part of their development plan functions. Given changed economic circumstances, it is important that the forward planning context for future retail development remains robust and realistic. My Department is currently drafting a consultation paper to inform the scope of a focused review of the Retail Planning Guidelines. This will allow stakeholders and interested parties to assist in identifying key issues for inclusion in draft revised guidelines, which will issue for public consultation before their finalisation at the end of this year.

Water and Sewerage Schemes. 18. Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local 940 Questions— 21 January 2010. Written Answers

Government his plans for septic tank upgrade works and regulation; and if he will make a statement on the matter. [2521/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The renewed Programme for Government includes a commitment to introduce a scheme for the licensing and inspection of septic tanks and other on-site waste water treatment systems. In October 2009, the European Court of Justice (ECJ) found that Ireland failed to make adequate legislation for dealing with domestic waste-water from septic tanks and other on-site wastewater treatment systems. My Department is chairing a task force to consider how the inspection of septic tanks should be carried out and I intend undertaking consultations with stakeholders on the matter. In order to comply with the ECJ ruling, legislation will be required to give effect to the new inspection system. At this stage, while this matter is receiving priority attention, it is too early to estimate when the new arrangements will be operational. The results of the last Census of Population indicated that about 418,000 houses, or 32% of the total stock of just over 1.3 million houses, were served by septic tanks in 2006. It is not possible to estimate how many of these septic tanks would be considered to be defective. It is important to note that primary responsibility for ensuring the treatment system is functioning properly rests with the occupier of a premises or, if unoccupied, the owner.

Proposed Legislation. 19. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the changes he has planned to taking in charge legislation for estates following problems that exist with burst water pipes in estates not yet in control of local authorities; and if he will make a statement on the matter. [2532/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department’s policy guidance in relation to Taking in Charge of Residential Estates states that planning authorities must adopt construction standards for residential developments that are acceptable to the planning authority for taking in charge and long-term maintenance and that it should be a condition of planning permission that such standards be adhered to. The guidance also states that the construction standards adopted by planning authorities should at a minimum comply with those set out in my Department’s Recommendations for Site Development Works for Housing Areas, which recommend standards for the diameter of pipes and the amount of cover, and make other relevant recommendations including a recommendation that watermain pipe size and layout should be designed in consultation with the local authority. Technical Guidance Document G of the Building Regulations (Hygiene) provides that, in regard to bathrooms and kitchens in dwellings, the cisterns, service pipe and fittings and any associated cold water pipes should be adequately protected against damage by frost. My Department’s Taking in Charge Guidance also states that it is necessary for the planning authority to satisfy itself, when the developer of a residential estate has ceased construction or notified the planning authority that construction is complete, or after the planning permission has expired, that the development is properly completed in line with the planning permission and, where it is not properly completed, to take early and effective enforcement action. Where an estate has yet to be taken in charge, the repair of a burst water main is a matter for the developer. The decision as whether any particular estates should be taken in charge is 941 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.] ultimately one for the elected members of the planning authority. There are no proposals to change the taking in charge policy or the underpinning legislation at this stage.

Homeless Persons. 20. Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government his views on recent changes to homeless housing services; and if he will make a statement on the matter. [2528/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Implementation of the Government’s Homeless Strategy will result in significant improvements in homeless services, involving action by a number of statutory and non-statutory agencies. At national level, a range of actions has been taken to ensure that implementation of the Homeless Strategy is firmly underpinned by a robust framework of policy, legislation, co-ordination and funding. Practical achievement of the objectives of the Strategy will ultimately be determined primarily by the performance and effectiveness of action by relevant agencies at local level which, in future, will operate within the new statutory framework of structures and action plans provided for in the Housing (Miscellaneous Provisions) Act 2009. A core objective of the Homeless Strategy is to eliminate long term occupation of emergency or transitional homeless facilities and enable households to progress to independent living in mainstream housing. This is being pursued through a range of actions including provision of adequate social housing lettings to homeless households, reconfiguration of emergency or transitional facilities as self contained units of long-term accommodation and provision of additional sources of mainstream accommodation. Intensive work on all of these areas is progressing. The Support to Live Independently Scheme (SLÍ), details of which issued to local authorities in July 2009, forms an important element of action to end long-term homelessness by providing suitable long term accommodation in mainstream housing with appropriate supports to help people make a successful transition from homelessness to independent living. It includes the use of accommodation procured through the Social Housing Leasing Scheme or available to local authorities in the form of affordable housing that is unsold or considered unlikely to sell in the current market, along with availability of low to moderate level visiting supports, on a reducing basis for a period, to help homeless households address the challenges likely to arise in making the progression to independent living. Implementation of the scheme is proceeding, with the main focus initially on the Dublin area. This involves a three-stranded approach — sourcing of accommodation; assessment of households, formulation of their support plan and allocation of tenancies; and procurement and deployment of visiting housing support services for the purposes of the scheme. The various strands are proceeding broadly in parallel. The scheme will expand progressively in 2010 and all possible action will be taken to maximise progress, particularly in terms of securing accommodation. The provision of appropriate facilities and supports for homeless people with more intensive needs is also a priority. The reconfiguration of existing homeless services will result in extending the availability of long term supported residential accommodation for people who are unable to live independently.

Greenhouse Gas Emissions. 21. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the contribution Ireland proposes to make as a result of the Copenhagen con- 942 Questions— 21 January 2010. Written Answers ference; if there is a united European Union proposal regarding carbon offsetting over the coming decades; the details of the proposal and the financial contribution Ireland will be expected to make. [46852/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Ireland will make a positive contribution to the successful implementation of the Copenhagen Accord, while maintaining efforts to strengthen it. Our contribution will be reflected, inter alia, in the emission reduction pledge which the European Union will make before the end of this month for the purposes of Appendix I of the Accord, and in the international financial support to assist developing countries in addressing climate change. The Government has already announced a contribution of up to €100 million for fast start financial support in the three-year period 2010 to 2012. Reducing global greenhouse gas emissions to a safe level is key to the success of the 1992 Climate Change Convention. As a contribution to that objective, the EU has adopted an independent commitment to achieve a 20% reduction in emissions by 2020 compared to 1990. In addition, the EU has signalled its willingness, as part of a global and comprehensive agreement for the period beyond 2012, to move to a 30% reduction target subject to other Parties committing to appropriate action. This policy position will inform the final EU pledge for the purposes of the Copenhagen Accord and Ireland will accept its fair share of that burden. The EU recognises the importance of the carbon market in achieving global mitigation objectives in a cost-efficient manner. EU priorities for development of the carbon market include reform of existing Kyoto Protocol mechanisms and the creation of new sector-specific mechanisms. The financial cost of engaging in offsetting in the future will be determined by the extent to which Ireland decides to avail of market options.

Social and Affordable Housing. 22. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the number of new units of social and affordable housing he envisages being made available in 2010. [2327/10]

28. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he plans to make it a priority to purchase properties that are vacant to increase the number of housing units available for social and affordable housing. [2329/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 22 and 28 together. The Government’s key priorities in shaping the overall housing provision for this year have been to focus the impact of necessary adjustments on the areas in which there is scope to maintain output through more flexible approaches and where the policy context supports such approaches, and to continue to direct available capital resources substantially towards the most vulnerable and disadvantaged. In keeping with this strategy, the reform programme, now well underway in my Department, involves a shift away from construction/acquisition and a one size fits all approach to meeting social housing needs towards a more graduated system of supports. This refocusing, in policy and financial terms, is rooted in the clearly articulated rationale set out in the Government’s housing policy statement, Delivering Homes, Sustain- ing Communities. While the allocations for 2010, when finalised, will show a reduction in the provision for the main traditional local authority programme, I anticipate that, through more flexible market based delivery mechanisms such as the Rental Accommodation Scheme and long term leasing, 943 Questions— 21 January 2010. Written Answers

[Deputy Michael Finneran.] as well as the significant increase in funding available under the Capital Assistance Scheme in 2010, delivery across the range of social housing measures this year will be of the order of 8,000/9,000 units. In relation to affordable housing, rather than setting targets for delivery, the emphasis this year, having regard to developments in the housing market, will be on continuing to progress measures to ensure the most effective deployment of already delivered but unsold affordable homes, including their use for social housing purposes.

Departmental Funding. 23. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the position regarding the funding over and above the funding allocated for 2010 as part of the budget to be provided to local authorities to cover their costs for responding to the recent flooding, snow and freezing; and if he will make a statement on the matter. [2445/10]

29. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the number of local authorities that sought additional funding as a result of the recent flooding and adverse weather conditions; the amount sought by individual local authorities; the amount granted; and if he will make a statement on the matter. [2460/10]

64. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the position regarding the moneys that have been sought by local authorities over and above funding already allocated as part of the budget and estimates to cover their costs for responding to the recent flooding, snow and freezing; and if he will make a statement on the matter. [2446/10]

294. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the need to allocate extra funding to local authorities in view of the expenditure incurred by them arising from inclement weather conditions in the past number of months; and if he will make a statement on the matter. [2913/10]

295. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has received requests for extra funding from local authorities in the wake of the recent severe weather conditions; and if he will make a statement on the matter. [2914/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 23, 29, 64, 294 and 295 together. General-Purpose Grants from the Local Government Fund are the contribution that my Department makes to local authorities to meet the gap between the cost to them of providing a reasonable level of day-to-day services and the income they obtain from other sources. A total of €870m in General-Purpose Grants will be provided to local authorities from the Local Government Fund in 2010. The Local Government Fund is also providing significant funding to local authorities for the improvement and maintenance of local and regional roads. The allocation of local and regional road grants to individual local authorities is a matter for the Minister for Transport. Local authorities now have access to an additional revenue stream, the €200 non-principal private residence (NPPR) charge. As of 15 January, €58,164,420 has been collected in respect of 2009, all of which, less transaction and administrative costs, accrues to local authorities. 944 Questions— 21 January 2010. Written Answers

It is a matter for each local authority to prioritise its spending, within the resources available to it, across the range of services it provides. Equally, local authorities must ensure full value for money for the resources invested, and seek the maximum efficiency across their operations. I am satisfied that the general purpose grant allocations I have provided for 2010, together with the income available from other sources, will enable Local Authorities to deal with the adverse winter weather conditions and continue to provide an acceptable level of service to their customers. In addition, I provided some €16.5m in supplementary funding at the end of 2009 to assist local authorities in the worst hit areas in meeting the immediate and exceptional costs incurred in dealing with the recent flooding crisis. The table overleaf details the amount sought by and granted to individual authorities. Payments were made to the local authorities in the week before Christmas.

Supplementary funding for flood affected areas

Local Authority Application Allocation

€€

Athy Town Council 5,000 5,000 Ballinasloe Town Council 252,123 252,123 Carlow County Council 123,060 123,060 Cavan County Council 130,000 130,000 Clare County Council 1,145,000 1,145,000 Cork City Council 3,110,206 3,110,206 Cork County Council 15,509,028 5,768,519 Fermoy Town Council 5,200 1,700 Galway County Council 3,000,000 3,000,000 Kildare County Council 221,000 221,000 Leitrim County Council 525,000 525,000 Limerick City Council 81,082 81,082 Limerick County Council 1,380,300 180,300 Longford County Council 388,506 137,506 North Tipperary County Council 338,240 187,940 Offaly County Council 50,003 50,003 Roscommon County Council 1,015,000 1,015,000 South Tipperary County Council 201,008 201,008 Westmeath County Council 541,310 353,810

Total 28,021,066 16,488,257

Social and Affordable Housing. 24. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if communication has commenced between him and the Department of Finance regarding the potential for usage of unsold housing acquired by the National Asset Manage- ment Agency; and if he will make a statement on the matter. [2472/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): From a social housing perspective, I see clear potential for real and meaningful synergies between the work of the National Asset Management Agency in 945 Questions— 21 January 2010. Written Answers

[Deputy Michael Finneran.] ensuring the stability of the financial system and the role of my Department in responding to social housing need. For some time now the social housing investment programme has been undergoing a significant restructuring to shift the focus increasingly towards more flexible delivery mechanisms, through the Rental Accommodation Scheme and, more recently, the introduction of long term leasing arrangements, with a lesser reliance on construction and acquisition, in line with the reform agenda clearly set out under the Government’s housing policy statement, Delivering Homes, Sustaining Communities. This approach is enabling the Government to deal proactively with the new circumstances in the residential property market, seeking to make economic necessity and social need work in tandem. I and my Department have met with representatives of NAMA to discuss how we might seek to ensure that a social dividend is secured through the long-term leasing of suitable residential units for social housing purposes, while providing a return in line with NAMA’s mandate. With NAMA now operational, I anticipate that this engagement will continue and inten- sify in the period ahead.

25. Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the adjustment that will be made to the provisions of the Housing (Incremental Purchase) Regulations 2009 in view of the radically changed market conditions; if the scheme will apply to tenants of council flats; if it is intended that unsold affordable housing units will be sold to qualifying tenants under the incremental purchase scheme; the anticipated cost of the scheme; the number of sales targeted under the scheme in 2010; the method of assessment that will be used to deem applicants suitable for this scheme; and if he will make a statement on the matter. [2464/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Part 3 of the Housing (Miscellaneous Provisions) Act 2009, which provides the legal framework for the introduction of the Incremental Purchase Scheme (IPS), has been commenced and came into effect on 1 January 2010. The Part was commenced to allow incremental purchase arrangements to be applied to new housing units being supplied by housing authorities. The Housing (Incremental Purchase) Regulations 2009 set out the classes of dwellings to which incremental purchase arrangements apply and I have no proposals to amend those Regulations. Further Regulations will be required to give full effect to the detailed terms of the scheme; these are currently being drafted by my Department with the intention that the scheme be fully rolled out to housing authorities by mid-2010. On foot of the Regulations already made, housing authorities have been instructed to begin the process of designating suitable new-build housing for incremental purchase by way of a Manager’s Order. The sale of incremental purchase units, including the number to be sold and the extent to which the IPS may be used in dealing with unsold affordable housing stock, will be a matter for individual housing authorities to decide once the scheme is fully operational. Households that will be eligible for this scheme are those assessed as eligible for social housing support and existing tenants who wish to transfer to homes made available under the scheme, subject to satisfying certain criteria, including demonstrating a capacity to service the required mortgage. A separate scheme for the sale of apartments, based on the principles of the incremental purchase model, is provided for in Part 4 of the 2009 Act. Part 4 has not yet been commenced as detailed Regulations are required to give full effect to the scheme. My Department will

946 Questions— 21 January 2010. Written Answers be working to finalise these Regulations as soon as possible after the incremental purchase arrangements under Part 3 of the Act are rendered fully operational.

EU Directives. 26. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the cases being taken by the European Union against Ireland in relation to his failure to transpose or implement European Union directives in environmental law in tabular form; the stages of these cases; if fines are pending in relation to judgements against Ireland for breaches of environmental law; and if he will make a statement on the matter. [2455/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 31 cases relating to transposition and implementation of EU environmental legislation. The table lists the directives involved and indicates the various stages of proceedings in respect of these cases. The Commission made a decision on 29 October 2009 to refer Ireland to the European Court of Justice for an imposition of fines in relation to the Directive on the quality required of shellfish waters, while deferring such referral for three months. Ireland has never been fined by the EU for an environmental infringement and I am confident that all outstanding aspects of this case will be completed to the satisfaction of the Commission within the timescale allowed for addressing the outstanding issues.

947 Questions— 21 January 2010. Written Answers awaiting judgement Justice hearing or Implemented Court of Justice for a Decision to be 20001104 00000011 10000012 00000011 00000101 00000011 10010204 00011002 00100113 10000001 10000001 01000001 10000001 10000001 10000001 01000001 Formal Notice Opinion European Court of Justice Formal Notice Opinion Reference Letter of Reasoned to the European Court of Letter of Reasoned EU Instrument Number and General Article 226 Article 226 Being Referred Before the European Article 228 Article 228 Total shellfish waters for human consumption of certain public andenvironment private projects on the prevention and control modified micro-organisms equipment certain plans and programmesenvironment on the 75/442/EEC the waste directive 76/464/EEC on dangerous substances in79/409/EEC water on wild birds 79/923/EEC on the quality required of 80/68/EEC on groundwater 80/778/EEC on the quality of drinking water 85/337/EEC on the assessment of the effects 91/271/EEC on urban waste water92/43/EEC treatment on habitats 96/61/EC concerning integrated pollution 98/81/EC on the contained use of genetically 99/31/EC on landfill 2000/53/EC on end of life2000/60/EC vehicles the water framework directive 2002/96/EC on waste electrical and electronic 2001/42/EC on the assessment of the effects of

948 Questions— 21 January 2010. Written Answers awaiting judgement Justice hearing or Implemented Court of Justice for a Decision to be 00001001 01000001 01000001 01000001 10000001 051235531 Formal Notice Opinion European Court of Justice Formal Notice Opinion INSPIRE – Reference Letter of Reasoned to the European Court of Letter of Reasoned the articles outlined above, under which the Commission is in correspondence, were those in place prior to the Lisbon Treaty coming into force. EU Instrument Number and General Article 226 Article 226 Being Referred Before the European Article 228 Article 228 Total plans and programmes relatingenvironment to the extractive industries and amending Directive 2004/35/EC against pollution and deterioration spatial information in the EU 280/2004/EC: Rules concerning afor mechanism monitoring Community greenhouseemissions gas and for implementingProtocol the Kyoto 2003/35/EC on public participation in certain 2006/21/EC on the management of waste from 2006/118/EC on the protection of groundwater 2007/2/EC establishing an infrastructure for Decision 2005/166/EC & Decision Total Number at each StageNote: 1

949 Questions— 21 January 2010. Written Answers

Waste Management. 27. Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government the reason he did not review or change waste policy in his first years in office that might have prevented the Poolbeg incinerator, Dublin 4, being developed to the capacity currently planned; and if he will make a statement on the matter. [2507/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government agreed in 2007 signalled a fundamental change of policy in relation to waste management. Reflecting the ambition of the Programme commitment, I have repeatedly made clear that incineration can no longer be the cornerstone of Irish waste policy, and that it is the Government’s intention not to support the provision of excessive incineration capacity but to maximise the diversion of waste for reuse, recycling, composting or anaerobic digestion. I have made my policy position clear to Dublin City Council on a number of occasions and have drawn their attention to the risks involved in proceeding with an incinerator with a very high level of capacity. The Programme’s objectives to implement this policy change included a commitment to carry out an international review of waste management plans, practices and procedures and to act on the conclusions. The report, by a group of Irish and international consultants engaged to carry out a major study to underpin the conclusion of the review, was published in November 2009. This Report marks a new departure in our approach to waste management. I will be bringing proposals for the implementation of the recommendations in the report to Government as soon as possible in 2010. The Report of the International review provides the framework for waste policy in the coming years and certainty for those in the waste management sector, in particular in respect of investment decisions in relation to the provision of infrastructure and services.

Question No. 28 answered with Question No. 22.

Question No. 29 answered with Question No. 23.

Election Management System. 30. Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government when it is anticipated the inter-departmental task force into the disposal of the redundant electronic voting equipment will report; the costs that have been incurred, including storage costs, since the establishment of the task force; the timeframe for the ending of outstanding leases and the disposal of the equipment; if penalties have been identified regarding the termination of leases; the scale of same; and if he will make a statement on the matter. [2467/10]

299. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the progress made to date in efforts to dispose of the e-voting technology; if offers have been received; and if he will make a statement on the matter. [2918/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 30 and 299 together. On 23 April 2009, I announced that the Government had decided not to proceed with implementation of electronic voting in Ireland. Since then, a process has been put in place to address the issues that arise from the decision. An Interdepartmental Task Force, chaired by my Department, has been established to bring the project to an orderly conclusion and to oversee

950 Questions— 21 January 2010. Written Answers disposal of the equipment and termination of storage arrangements. To date, the Task Force has met three times, and it aims to complete its work as soon as possible. In considering options for disposal of the equipment, the priority is to pursue the most economically advantageous approach, with a view to achieving the maximum recovery of cost possible in the circumstances, consistent with environmental and other obligations. Detailed consideration of all relevant factors is underway to inform the manner in which disposal of the machines will be effected. This includes contact with the original suppliers of the machines. Details in respect of costs incurred for the storage of electronic voting equipment are gathered annually by my Department from Returning Officers, in January each year. Figures for storage costs in 2009 are currently being gathered and are therefore not yet available. Based on figures received in my Department from Returning Officers, the total annual costs for storage of the electronic voting equipment (including the cost of insurance, service charges, rates and heating) for 2008 were some €204,000. In 2007, over 60% of the machines (4,762 in total) were moved from 12 local storage locations to a central facility at Gormanston Army Camp. The remaining machines are stored at 13 local premises that were originally identified by Returning Officers for this purpose. It is intended that all machines will be removed from their present locations when arrangements for disposal are implemented. Work on termination of local lease arrangements is proceeding in this context. My Department engaged consultants with valuation expertise in May 2007, following competitive tendering, to examine individual leases and make recommendations on termination of leases where appropriate. In May 2008, I accepted the consultants’ recommendations and these are currently being implemented. The consultants recommended termination of leases in 7 cases and this has since occurred in 3 locations. No additional payments were made in respect of these terminations. Work is ongoing on concluding the other 4 leases. It is expected that, in certain instances, termination of lease arrangements will give rise to buy-out costs and these will be dependent on the outcome of negotiations.

Urban Renewal Schemes. 31. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the number of urban renewal schemes cancelled in 2009 due to budget cuts and withdrawal of private developers from projects. [2328/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The 2007-2013 Urban and Village Regeneration Programme administered by my Department has been deferred due to budgetary constraints. No calls for proposals under this programme were issued by my Department to the Local Authorities. Under the Urban and Village Renewal Programme 2000-2006, grant assistance was provided by my Department to local authorities for a range of interventions to upgrade the fabric of the built environment in cities, towns and villages. Final funding allocations under this Programme, which ended in early 2008, involved total EU and Exchequer co-financed expenditure of over €158m.

Natural Heritage Areas. 32. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to manage turf cutting on designated bogs; and if he will make a statement on the matter. [2335/10]

951 Questions— 21 January 2010. Written Answers

42. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans regarding the management of turf cutting on designated bogs; and if he will make a statement on the matter. [2336/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 32 and 42 together. The ten year derogation that allowed the continuation of turf-cutting on 32 Raised Bog Special Areas of Conservation notified for designation in 1999 has now expired. In the coming weeks I expect to receive a report from the Working Group on the Cessation of Turf Cutting in Designated Areas including recommendations for managing the cessation. I will include my consideration of these recommendations as rapidly as possible. I will consider these recommendations and will contact affected parties shortly thereafter.

Water Service. 33. Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government his views on whether the manner in which water investment and services are delivered is efficient; and if he will make a statement on the matter. [2503/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Good progress has been made in recent years by local authorities in the provision and management of water services in their areas. This progress has been possible through high levels of investment coupled with new legislation on the supervision and enforcement of drinking water standards in public water supplies and the licensing of wastewater treatment plants. There is an ongoing need to expand and improve our water and wastewater treatment capacity to ensure compliance with environmental standards and ECJ judgements, to anticipate future economic and social development needs and to ensure investment decisions reflect other national priorities such as the National Spatial Strategy. These issues have been central to the assessment of needs for water services infrastructure in their areas that I asked local authorities to undertake in recent months. These assessments will inform the Water Services Investment Programme 2010-2012, which I will publish early this year. In addition, my Department is currently undertaking a Value for Money Study in relation to the efficiency and effectiveness of delivery of the Water Services Investment Programme as part of the Government’s Value for Money Reviews for 2009-2011. The outcome of this study will also influence the implementation of future water services investment programmes.

EU Directives. 34. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that he will ratify the Aarhus Convention; if there are outstanding issues on legislation that he must attend to before it can ratify this convention; when he will be in a position to ratify this convention; and if he will make a statement on the matter. [2448/10]

66. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the issues he must address in order to implement the European Union Directive on Public Participation; the stage these steps to address any outstanding issues are at; and if he will make a statement on the matter. [2449/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 34 and 66 together.

952 Questions— 21 January 2010. Written Answers

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC). The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on public access to environmental information. The process to transpose the Public Participation Directive is well advanced. The recent European Court of Justice judgement in case C427/07 concerning the Public Participation Directive requires certain legislative amendments which my Department is prioritising in consultation with the Office of the Attorney General. When this work has been completed I, along with the Minister for Foreign Affairs, will ensure that the instrument of ratification of the Aarhus Convention is submitted to Government and laid before the Dáil as a matter of urgency.

Dublin Docklands Development Authority. 35. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government if there is exposure to the taxpayer via the Dublin Docklands Development Auth- ority following the inability of the authority’s partner in the Irish Glass Bottle site to pay court ordered debts; the significance this will have for the DDDA and the Irish Glass Bottle site; and if he will make a statement on the matter. [2499/10]

46. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the expected cost to the Exchequer in 2009 and in 2010 of losses recorded by the Dublin Docklands Development Authority; the extent the DDDA has taken on or is expected to take on borrowing commitments on foot of its losses; if he will take the necessary steps to give authority to the Comptroller and Auditor General to scrutinise the accounts of the DDDA; the steps he will take to make the DDDA subject to the Freedom of Information Acts; and if he will make a statement on the matter. [44894/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 35 and 46 together. I understand that the Dublin Docklands Development Authority (DDDA) is vigorously contesting the action taken by Donatex Ltd. in the Commercial Court over the terms of a property deal to purchase the former Irish Glass Bottle Company site in Ringsend, as part of the Joint Venture with the Authority and Memphal Ltd. It would be inappropriate for me to comment on matters which are before the Courts, including the potential impact of other related court cases on the Donatex/DDDA case. Regarding the Authority’s financial outlook, the Chair of the Authority, during her appearance at the Joint Oireachtas Committee on the Environment, Heritage and Local Government on 1 December 2009, indicated that she expected the Authority to report a significantly reduced operating deficit for last year by comparison to the 2008 deficit of €27 million. The final position for last year, including in relation to borrowings, will be set out in the Authority’s 2009 accounts in due course. No funding was provided to the DDDA from the Exchequer in 2009. The Chair has also indicated that the Board has set an objective to return the Authority to a break-even situation as soon as possible. The Authority is in ongoing dialogue with my Department and the Department of Finance in relation to its financial position.

953 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.]

The Authority’s accounts are audited by independent external auditors. Under existing legislation, the Authority, along with many other State and semi-State commercial bodies, is outside the remit of the Comptroller and Auditor General. Last Autumn, I asked the Authority’s Chair, who is an acknowledged expert in corporate governance matters, to prepare a report on corporate governance within the Authority. I will consider the most appropriate response to the findings of this report once it has been formally submitted to me in the coming weeks. In that context, I will keep the issue of any future involvement on the part of the Comptroller and Auditor General under review. It is important to note that under existing arrangements, it is open to the Joint Oireachtas Committee on the Environment, Heritage and Local Government to request the Authority to appear before it, thus affording Oireachtas members an opportunity to question the Authority on its activities and outlook. As indicated above, the last such appearance by the Authority’s Chair and Acting CEO took place on 1 December 2009. The DDDA is already subject to the requirements of the Freedom of Information Acts, under the terms of the Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006 (S.I. No. 297 of 31 May 2006).

Waste Management. 36. Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if his policy on incineration in waste management has been changed in view of the High Court’s ruling on the 21 December 2009 that Dublin City Council’s decision to change the capital’s waste collection system is invalid; and if he will make a statement on the matter. [2475/10]

954 Questions— 21 January 2010. Written Answers

Planning Issues. 37. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to amend the Planning Acts to provide for a three year extension on the five year time limit applicable to all current planning permissions to take into account the major economic, financial, banking and other factors which have resulted in the collapse of building activity; and if he will make a statement on the matter. [2298/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 42 of the Planning and Development Act 2000 provides that, on application, the duration of a planning permission (normally five years) shall be extended, subject to certain requirements being complied with, including that substantial works have been carried out before the expiration of the original permission. Section 23 of the Planning and Development (Amendment) Bill 2009, which was passed by Seanad Éireann on 1 December 2009 and is currently on Second Stage in Dáil Éireann, proposes to amend this provision by providing for the extension of planning permission where substantial works have not been carried out, but where there were commercial, economic or technical considerations, beyond the control of the applicant, which substantially mitigated against either the commencement of development or the carrying out of substantial works. The National Asset Management Agency Act 2009 contains a provision similar to section 23 above in respect of applications from the National Asset Management Agency for extension of the duration of planning permission.

Social and Affordable Housing. 38. Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government the provision that has been made to re-house persons occupying unsold affordable housing units at the end of the five year leasing period; if it is intended that tenants would move to another property and re-enter the housing list; if so, the stage at which same would be carried out; if the unsold affordable housing unit would be automatically or potentially leased for another five years; if, in the event that they are re-leased, these properties will be designated as social housing for rental purposes on a permanent basis; the rationale of leasing unsold affordable housing units for five years and subsequently for another five years; and if he will make a statement on the matter. [2463/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The social housing leasing initiative encompasses a number of different strands, one of which provides local authorities with the option to lease vacant and unsold affordable units to approved housing bodies, for a fixed period of five years, with the units concerned being made available to households eligible for social housing support. At the end of the five year lease period, there will be a range of options available that will protect the interest of the tenants, while at the same time opening up new opportunities to pursue purchase options. In summary, the housing authority may—

(a) sell the units to the existing tenants under the new incremental purchase arrangements;

(b) sell the home as an affordable unit;

(d) take the unit into its housing stock and continue to rent it to the household concerned, subject to having sufficient funding within its capital allocation and obtaining my Depart- ment’s prior approval.

955 Questions— 21 January 2010. Written Answers

[Deputy Michael Finneran.]

At the end of the lease period, if the unit is not sold to the tenant or taken into the social housing stock, it will be the responsibility of the housing authority to meet the ongoing social housing need of the household concerned. The rationale for using unsold affordable units to accommodate social housing tenants in the short to medium term is to match existing vacant housing stock available to housing authorities with the housing needs of those in need of social housing support. In the wider context, it supports the objective of providing a flexible system of graduated housing supports using a ‘lifecycle’ approach to meeting housing need, in line with changes in this regard underpinned by the Housing (Miscellaneous Provisions) Act 2009. These changes will provide for a more objective approach to determining housing need, with more regular assessments to help shape the social housing investment programme, to determine eligibility for social housing support, to identify special needs and to assess the relative priority of households to receive support.

Water Services. 39. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the position regarding the amount allocated for capital investment in water services in the budgets of 2008 and 2009; the amount actually spent; the amount returned, if any, to his Department unspent; the amount that has been spent on works carried out using the allocation for capital investment in water services in 2008 and 2009; the progress that has been made in upgrading the water services infrastructure; and if he will make a statement on the matter. [2450/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The allocations and expenditure outturns for 2008 and 2009 in respect of Exchequer funded investment in water services infrastructure, together with the estimated additional expenditure incurred directly by local authorities to meet the marginal capital costs associated with the provision of services to the non-domestic sector are set out in the following table. There was continued good progress on the provision of water services infrastructure in 2008 and 2009, with over 80 schemes/contracts coming to completion during that time. Data for 2008 show an increase in treatment capacity equivalent to a population of 367,195 in the case of wastewater and 77,308 in the case of water supply. Similar data in relation to 2009 are not yet available.

Year Exchequer Allocation Exchequer Outturn Est. Non-Exchequer Expenditure

€m €m €m 2008 471.374 496.374 115.000 2009 500.000 512.000 130.000

Local Authority Staffing. 40. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the number of permanent staff and temporary staff employed by each local authority in 2007, 2008, 2009 and to date in 2010; the number of staff cuts in each local authority area since the General Election of 2007; and if he will make a statement on the matter. [2456/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The following table lists the number of permanent staff and temporary staff employed in each local authority as returned to my Department for the end of September 2009, the most recent 956 Questions— 21 January 2010. Written Answers date for which figures are available. The corresponding figures for September 2007 and September 2008 are included for comparative purposes and the table accordingly shows the change in staffing levels in each local authority over the period in question.

Local Authority Permanent Temporary Permanent Temporary Permanent Temporary End of End of End of End of End of End of September September September September September September 2007 2007 2008 2008 2009 2009

County Carlow 316 48 320 41 301 25 Cavan 454 31 467 22 441 20 Clare 833 118 773 146 749 97 Cork 2,367 278 2,418 428 2,335 89 Donegal 972 316 987 299 980 83 Dun Laoghaire 1,248 138 1,200 87 1,145 70 Fingal 1,503 110 1,528 100 1,464 47 Galway 885 178 875 206 850 107 Kerry 1,142 228 1,163 227 1,167 90 Kildare 889 190 908 200 917 56 Kilkenny 560 64 559 99 550 34 Laois 373 43 385 65 386 24 Leitrim 304 56 313 47 299 12 Limerick 743 103 760 57 722 30 Longford 336 42 351 51 311 26 Louth 669 85 711 35 691 15 Mayo 1,087 139 1,096 136 1,131 145 Meath 633 157 634 168 652 77 Monaghan 424 48 436 33 428 14 Offaly 434 67 457 46 459 27 Roscommon 517 60 529 60 520 36 Sligo 518 88 528 71 511 32 South Dublin 1,316 140 1,288 192 1,246 169 North Tipperary 453 131 426 123 481 42 South Tipperary 675 38 676 43 664 9 Waterford 525 58 529 75 530 40 Westmeath 481 93 482 85 472 35 Wexford 784 105 791 102 775 53 Wicklow 764 162 755 186 750 144 City Cork 1,421 140 1,422 106 1,408 41 Dublin 6,485 487 6,759 212 6,538 131 Galway 429 86 415 136 418 69 Limerick 513 42 518 49 516 19 Waterford 383 83 386 91 375 56

Totals 31,436 4,152 31,845 4,024 31,182 1,964

Total 35,588 35,869 33,146

957 Questions— 21 January 2010. Written Answers

Fire Services. 41. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the number of full-time firefighters in 2008 and 2009; if there is an embargo on recruitment to the fire service; the number of requests for recruitment applications that have been accepted; the number that were refused in 2009; and if he will make a statement on the matter. [2471/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In accordance with Government policy and implementing instructions from the Department of Finance relating to the general moratorium on the filling of public sector posts, local authorities were given sanction to recruit full-time fire fighters without recourse to my Department. This sanction applied from 13 May until 20 August 2009, when the Department of Finance delegated sanction for the implementation of the moratorium to my Department on condition that the overall staffing levels in the local authority sector were to be reduced significantly by the end of 2010 in adherence to Government policy on staffing and numbers in the public sector. Subsequent to 20 August 2009, local authorities require sanction from my Department for the filling of any vacancies which arise. One application for recruitment of a full-time fire fighter has since been received, and has been approved. The recruitment of fire-fighters is reflected in the quarterly returns which local authorities provide to my Department. The number of full-time fire fighters employed by local authorities as returned to my Department for the end of December 2008 was 1,303 and for the end of September 2009 — the date of the most recent figures available — was 1,271.

Question No. 42 answered with Question No. 32.

Local Authority Housing. 43. Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the number of regeneration projects, both by local authorities and under the public private partnership initiative, scheduled to commence in the years 2008, 2009 and 2010; the position regarding these projects; if new projects are due to commence in 2010; and if he will make a statement on the matter. [2469/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The current ambitious multi-annual regeneration programme includes a broad range of projects from smaller estates in regional towns, to inner city flat complexes in Dublin City. In line with international best practice, each project encompasses a range of activities to deliver integrated physical, social and economic regeneration, incorporat- ing masterplanning, social inclusion interventions, and a planned mix of public and private investment in housing stock, infrastructure and facilities. Generally, the programme is reviewed on an annual basis in the context of finalising funding allocations, with new projects added and additional elements of existing projects advanced, as resources permit. The timing and duration of the individual elements vary over the lifetime of the project. I intend to announce funding allocations for the 2010 programme shortly. The following table presents an overview of the regeneration programme and the stage of each project. The table also includes details in relation to a number of projects which were previously expected to be progressed through the Dublin PPP Regeneration Programme — it is a matter for Dublin City Council, in the first instance, to consider how to proceed with other projects formerly within that programme. In addition, in the light of changes in the housing market, a number of affordable housing projects, which had been earmarked to proceed by PPP arrangements, are not now to proceed.

958 Questions— 21 January 2010. Written Answers e s Estate project in 2009. ’ n Treacy House is ongoing. á 100 Investment in approved projects at Poplar Row, Lourdes House, € Devaney Gardens ’ s Estate, and an outline proposal for the ’ Knocknaheeny D as wellof as the the Glen site project. enabling works for phase 2 project has delivered 1431private social, and 105 affordable voluntary, units,construction. and with 1228 almost 400 more units underthe creation of acentre new and landscape surrounding and in neighbourhoods.benefited streetscape 2009. The from for area number significant the has of social town community also additional investment facilities, projects e.g. parks, being new and approvedfacilitating the to new Axis tender economic theatre, stage opportunities. as well as The Ballymun Regeneration Ltd. 2009 Housing Strategy is estates in the CityThis area programme at involves Ardmore, thehouses, Larchville, substantial as and refurbishment well Lisduggan. of asphased 738 some basis. strategic infill, is being and carried 3, out and on Larchville a phases 1A and 1B. programme to improve thecomplexes accommodation as quality well of asand the to the address serious issues drugs of problem anti-social in behaviour those areas. and Dominick Street. Detailedprojects proposals are for expected these in latter 2010/2011. two approach to the future redevelopment of O are considered for inclusionprogramme. in To the that national end,plans regeneration the for Council St. has Michael submitted project At the same time a significant demolition programme has led to currently under consideration. Inner Over the past decade the Government has invested over — Project Description Project Status City Flats million in the Dublin City Council inner city flats regeneration and Se Regeneration Programme Council to ensure that the former PPP regeneration projectsRegeneration Projects, St. Cork Michael City Council ambitious regeneration programme in both Knocknaheeny and Knocknaheeny D as well as the site enabling works for phase 2 the Glen. 2009 saw the substantial completion of the project at of the Glen project. Regeneration Programme programme focussed on some of the most disadvantaged for projects at Ardmore phases 2 and 3, Lisduggan phases 2 Ballymun, Dublin City Council Construction of new housing started in 2000 and since then, the The major public investment programme is ongoing, with a Dublin City Council Former Dublin PPP The Department has been liaising closely with Dublin CityKnocknaheeny and the Glen Cork Dublin City City Council Council has approved for to many go years to now tender been for advancingWaterford Phase an City 1 Council of the 2009 saw the substantial completion of the project at Waterford City Council continues to advance its regeneration The overall project is ongoing with approvals currently in plac

959 Questions— 21 January 2010. Written Answers s Bungalows, ’ 51m in the development of the overall € relevant Departments and agenciesthe are Phase now One working elementsfirst to of quarter finalise the of Programme 2010,that by for stage. the final end consideration of by the Government at s Park Southside Regeneration Agencies, the City has seen significant ’ s social ’ s Crescent delivery of key elements of the regeneration programme e.g. ’ s Crescent area involving such as the integrated services centre and the redevelopment of ’ s Demesne area involving demolition, ’ s Demesne area. This plan will provide amenity works, as well as social inclusion activities. ’ endorsed the overall visionLimerick for Regeneration a areas, ten asRegeneration year set Programme, transformation out in of in December the the 2009. Limerick programme, in the demolition of properties to facilitate construction, and in support for community, enterprise, out a multi-annual programmeregeneration environmental of for improvements physical the and and Mitchel socialdemolition, social inclusion construction, activities. refurbishment, The andinvestment. social/community Moyderwell Convent are at an advanced stage of planning, as and social inclusion activities. Further construction projects, are a new community garden and allotments Regeneration in the town was completed in 2008. This plan sets phase 1 Tobar Naofa, demolition of St. Patrick plan. for a multi-annual programmeregeneration of for physical the and Cox social and Ballinacurra Weston of the City. The Government investment of some levels of social, educationalCouncil and have, economic over disadvantage. themasterplan The past for number the of area years, and been implementing developing the a area amenity works, as well as social inclusionmasterplan activities. for the Cox construction, refurbishment, and social/communityas investment well as promotingwider greater area. integration of the estate within the programme in the areas of Moyross, Southill, St. Mary Project Description Project Status s Crescent, Tralee Town Following a broad consultation with the communities, and Significant progress has been made over the past two years in the ’ s Demesne, Dundalk Town The Department continues to work closely with the Town The project is still at the masterplanning stage and the Council ’ Council stakeholders, the masterplan for the Mitchel CouncilCouncil accommodating over 2,500 people and is an area with high continues to progress Council a to programme ensure of the local timely preparatory delivery and of the regeneration continues to progress a programme of local preparatory and Limerick City Regeneration The Department continues to support the regeneration Since the establishmentMitchel in 2007 of the Limerick Northside and Cranmore Estate, Sligo Borough Cranmore Estate is a 41 acre site with over 500 housesCox The project is still at the masterplanning stage and the Council

960 Questions— 21 January 2010. Written Answers

EU Directives. 44. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment the steps that have been taken to comply with EU directives on waste management that require Ireland to reduce the amount of organic waste going to landfill by 2010; and if he will make a statement on the matter. [2454/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Meeting the requirements of the landfill directive is a key national priority in respect of waste management and I am committed to implementing the measures necessary to ensure that Ireland meets the 2010, and subsequent, EU landfill diversion targets. Data from the National Waste Report 2008, published by the EPA, show that the quantity of biodegradable municipal waste disposed to landfill decreased by 19% in 2008 to approximately 1.2 million tonnes, which leaves Ireland requiring to divert a further 280,000 tonnes in order to meet the first landfill directive target due in July 2010. In December 2009 I signed the Waste Management (Food Waste) Regulations 2009 , which are designed to promote the segregation and beneficial use of food waste arising in the commercial sector. Also in December, I increased the landfill levy by the currently permitted annual maximum of €5 per tonne to €25 per tonne and I intend to increase it to €30 from 1 February 2010. This will begin to address the race to the bottom in landfill gate fees, which we are now witnessing and which acts as a barrier to achieving the diversion targets. I intend to publish a Bill on levies generally and this will provide for further substantial increases in the landfill levy. The Bill will also address the extension of levies to other waste facilities. In 2008, my Department issued a circular letter to all local authorities to drive forward the roll out of brown bins and promote the use of home composting. I will be issuing a further circular letter to local authorities to accelerate progress in the roll out of brown bins and further promote the benefits of home composting. I am confident that all of the above measures will contribute significantly to the achievement of the targets for the diversion of waste from landfill and a reduction in our overall use of such facilities.

Waste Management. 45. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the number of local authorities that have a brown bin collection in place; and if he will make a statement on the matter. [2451/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The National Waste Report 2008, published by the EPA, provides the latest data in this regard. The separate kerbside collection of household food and garden waste in brown bins increased substantially from 18,705 tonnes in 2007 to 37,920 tonnes in 2008 and I would expect to see further increases in 2009 and into the future. The number of local authority areas where household brown bin waste was collected at kerbside increased from 13 in 2007 to 16 in 2008 mainly due to private operators offering the service. A comprehensive circular letter (WPPR 17/08) issued to each local authority in July 2008 requesting that appropriate steps be taken to support an accelerated roll out of segregated

961 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.] collections for organic waste (’brown bins’) both to domestic households and to commercial organisations. Such bins could be provided directly by local authorities where the local authorities remain in the business of waste collection or, alternatively, utilising the existing waste collection permitting system where the service is provided by the private sector. My Depart- ment intends to issue a further circular letter to local authorities to accelerate progress in the roll out of brown bins and further promote the benefits of home composting.

Question No. 46 answered with Question No. 35.

Emergency Planning. 47. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the actions he will now take to ensure Ireland is properly prepared for a severe weather emergency; and if he will make a statement on the matter. [2479/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Questions Nos. 275 and 286 of 20 January 2010.

Water Services 48. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he will take to ensure the provision and availability of adequate domestic drinking water storage facilities with particular reference for the need to meet a specific minimum requirement at all times regardless of weather or other conditions; and if he will make a statement on the matter. [2616/10]

292. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when it will be possible to increase domestic water storage capacity to a minimum level whereby water shortages associated with freezing conditions might be alleviated; and if he will make a statement on the matter. [2911/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 48 and 292 together. It is the responsibility of the relevant water services authority to deliver quality public water supplies to meet current and future needs. My Department co-ordinates and finances a major programme of investment in improved drinking water supply infrastructure, on which some €1.8 billion has been invested by the Government in the period 2000-2009. Substantial funding of €508 million is being provided this year from the Exchequer for the provision of water services infrastructure. This level of investment continues to reflect the priority assigned by Government to meeting EU standards for drinking water and providing critical water supply infrastructure, which has seen additional drinking water treatment capacity and additional drinking water storage capacity equivalent to the needs of a population of 855,000 and 1.5 million, respectively, provided in the period 2000 — 2008. The recent weather has pointed up the need to sustain our efforts in the provision of water services infrastructure and, in particular, the replacement and rehabilitation of older mains which were damaged during the cold spell. A greater focus on such works will be a key priority of the Water Services Investment Programme 2010-2012, which I expect to publish early this year.

962 Questions— 21 January 2010. Written Answers

Local Authority Funding. 49. Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the co-ordination, support or extra funding that will be provided by his Depart- ment to local authorities suffering from water shortages; and if he will make a statement on the matter. [2476/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): General-purpose grants from the Local Government Fund are the contribution that my Depart- ment makes to local authorities to meet the gap between the cost to them of providing a reasonable level of day-to-day services and the income they obtain from other sources. A total of €870 million in General-Purpose Grants will be provided to local authorities from the Local Government Fund in 2010. It is a matter for each local authority to prioritise its spending, within the resources available to it, across the range of services it provides. Equally, local authorities must ensure full value for money for the resources invested, and seek the maximum efficiency across their operations. I am satisfied that the general purpose grant allocations I have provided for 2010, together with the income available from other sources, will enable local authorities to deal with the adverse winter weather conditions and continue to provide an acceptable level of service to their customers. In the last ten years a total of €1.8 billion has been invested by the Exchequer in providing new supply water infrastructure under the water services investment programme. Recent water services investment programmes have also included a specific sub-programme on water conservation. Funding was provided to local authorities to put water management systems in place to monitor water use and losses throughout the supply networks, fix leaks and replace defective pipes where repair is no longer an economic option. Exchequer spending on water conservation since 2003 amounted to €130 million. This investment provides the platform for intensive investment in mains rehabilitation which will be a key priority under the next water services investment programme for 2010 to 2012 which is currently being finalised in my Department. In inviting local authorities to prepare needs assessments as an input to developing the new programme, the authorities were asked to prioritise key contracts and schemes in this area; and they will also be required to prioritise water conservation works as an alternative to new infrastructure provision. A greater proportion of the funds available annually under the programme will be assigned specifically to water conservation works.

Water Services. 50. Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the percentage of water as supplied by each local authority lost due to wastage and leakage; the annual cost per local authority; and if he will make a statement on the matter. [2473/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Services Indicators in Local Authorities 2008 report, a copy of which, available from the Oireachtas Library, includes information on ‘Unaccounted for Water’’ (UFW) in each local authority. UFW includes leakage in addition to other factors including unauthorised connections, unmetered connections and metering errors.

963 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.]

My Department does not have figures for the “cost” of UFW. This figure will vary from scheme to scheme depending on production cost, extent of UFW and any infrastructural cost incurred to compensate for the UFW. Water conservation, which includes the management of water supply systems, active leakage control and mains rehabilitation, has been the focus of a specific sub-programme under my Department’s Water Services Investment Programme. It has led to reductions in the levels of water unaccounted for, improved knowledge of the condition of water distribution networks and consumption patterns, and an improvement in the level and quality of supply to consumers. Since 2003, local authorities have spent over €130 million on these services with significant Exchequer support. Water conservation works will be a key priority under the next investment programme, which will cover the period 2010-2012. The metering of domestic connections will contribute to greater water conservation by facilitating enhanced network management by local authorities and a more sustainable approach to water use by domestic consumers.

Social and Affordable Housing. 51. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the number of local authorities that have engaged with the leasing initiative; if participating local authorities have been unable to identify properties suitable for leasing; if local authorities have indicated that they will not participate in the scheme; and if he will make a statement on the matter. [2461/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 2 on today’s Order Paper. To date, some 27 housing authorities and four approved housing bodies have had projects approved under the social housing leasing initiative. These projects comprise over 1,900 units. No housing authorities have indicated that they will not participate in the initiative. In the first instance, many authorities rightly focused on bringing into the leasing initiative unsold affordable housing which they already had on hands themselves. In terms of rolling out the leasing initiative more widely, I am confident that there is a considerable quantum of suitable available vacant accommodation around the country which could be made available for leasing. Given the work which my Department has undertaken to support the leasing initiative, including the preparation of standard legal documentation and its extension to include the voluntary and co-operative housing sector, and given the impact of the establishment of the National Assets Management Agency in terms of addressing uncertainty in the banking and property sectors, I am satisfied that a solid basis is being put in place to support increased delivery under the initiative this year.

House Prices. 52. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government when the new house price database will be available; if it is intended that the necessary legislative changes will have been made to enable the publication of house selling prices when the house price database is available; and if he will make a statement on the matter. [2465/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 308 of 15 December 2009. The relevant Government Departments and agencies will be working in the coming months with a view to the development, as soon as possible, of the new house price database.

964 Questions— 21 January 2010. Written Answers

Climate Change. 53. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government when the National Strategy for Adaption to Climate Change will be published; and if he will make a statement on the matter. [2453/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On foot of a commitment contained in the National Climate Change Strategy, my Department is currently in the process of developing a national climate change adaptation framework. This work will run in parallel with the development of a Climate Change Bill which will enshrine in legislation policies and principles in relation to climate change, and will include specific provisions on climate change adaptation. The planned adaptation framework and proposed legislation will provide a basis for integrat- ing adaptation considerations into decision-making at both national and local level. I propose to introduce statutory requirements for public bodies to assess the risks arising from current and predicted impacts of climate change and to develop appropriate responses to these risks. I intend publishing the adaptation framework in the first half of this year.

Local Authority Housing. 54. Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the number of new housing units and halting sites made available to members of the travelling community in 2009. [2334/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The information requested in respect of 2008 and previous years is published in my Department’s Annual Housing Statics Bulletin, copies of which are available in the Oireachtas Library and on my Department’s website at www.environ.ie. Information in respect of 2009 is not yet available.

Greenhouse Gas Emissions. 55. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the position regarding the amount of money that is to be paid under the Kyoto Protocol, if any, for exceeding our carbon emissions targets for 2008 and 2009; if he will be required to purchase carbon credits for 2008 and 2009; when these carbon credits will have to be purchased; and if he will make a statement on the matter. [2452/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In the period 2008-2012, Ireland will meet its target for the purposes of the Kyoto Protocol through a series of national measures to reduce greenhouse gas emissions, supplemented as necessary by the purchase of carbon units on the international market. Government policy in this regard is set out in the National Climate Chance Strategy 2007-2013 and, for the purpose of purchasing carbon units as required, the National Treasury Management Agency (NTMA) has been designated as purchasing agent for the State. The total cost of purchasing carbon units for Kyoto compliance purposes in the commitment period 2008-2012 is estimated at €99.6 million. This is made up of €73.7 million for credits already purchased by the NTMA and €25.9 million for credits to be delivered prior to 2012 from investments made in the Carbon Funds operated by the World Bank and European Bank for Reconstruction and Development.

965 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.]

In 2008 the NTMA purchased 3.455m carbon credits at a cost of some €52.1 million. In 2009, they purchased 1.8m units at a cost of some €21.6 million. The economic downturn has implications for the carbon credit purchasing programme. Recent EPA projections suggest that, with full implementation of all announced emission reduction measures, sufficient carbon units may already have been purchased or contracted for, to meet our Kyoto commitments. In these circumstances, the NTMA has been asked to put its purchasing programme on hold for the foreseeable future. Purchasing requirements are being kept under review and will be revised as necessary in the light of future projections.

Local Authority Staff. 56. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the number of local authority employees that have applied for the incentivised early retirement, the incentive career break scheme and the shorter working year scheme; the number approved for same; and if he will make a statement on the matter. [2447/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Government’s policy on staffing and numbers in the public sector, including local government, is to ensure that overall staffing levels are significantly reduced. Together with the existing recruitment moratorium, three further schemes to support this objective were announced by the Minister for Finance in his Budget Statement of 7 April 2009 — the incentivised scheme of early retirement, the special incentive career break scheme and the shorter working year scheme. The purpose of the incentivised scheme of early retirement scheme was to facilitate the permanent, structural reduction in the numbers of staff serving in the local authorities. Figures supplied by the local authorities, indicate that 300 local authority employees applied for the scheme, of whom 272 have been approved and have completed the necessary documentation. The majority of these 272 employees have already retired from employment, with the remainder scheduled to leave in 2010. The special incentive career break scheme for local authority employees was introduced as part of the Government’s efforts to achieve a reduction in spending on the paybill. Figures supplied by local authorities, indicate that 294 staff have availed of the scheme from a total of 321 applications received. The purpose of the shorter working year scheme is to permit local authority employees to balance their working arrangements with outside commitments. Special leave without pay is available for periods of 2, 4, 6, 8, 10, or 13 consecutive weeks. The application period and the scheme itself are currently open ended and applicants are free to apply for the scheme at any time. The information on the numbers availing of the scheme is not available in my Department.

Social and Affordable Housing. 57. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the progress of his aim to expand the social and affordable housing scheme to meet the needs of 90,000 households as laid down in the programme for Government. [2332/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Despite the challenges currently faced in the housing sector, sig-

966 Questions— 21 January 2010. Written Answers nificant levels of activity have been achieved under the range of housing supports funded by my Department in recent years. Through these, the accommodation needs of over 20,200 households were met in 2008, an increase of 10% on corresponding figure of 18,300 in 2007. Final data in respect of 2009 are not yet available. Meeting housing need remains a high priority for the Government. While ensuring that we can deliver across the full range of needs, the scale and composition of the public housing programme in the years ahead will be dependent on a number of factors, including the level of available funding and the evolution of the housing market generally. I am determined to ensure that the overall delivery programme is framed in a manner which continues to optimise the way in which needs are met. To achieve this, it is essential that we tailor the available Exchequer supports to prevailing market conditions, and explore alternative solutions to address needs, having full regard to the sustainable communities philosophy outlined in the Government’s housing policy statement, Delivering Homes, Sustaining Com- munities. To this end, the range of delivery mechanisms continues to be adapted and expanded. For example, last year, I introduced a new social housing leasing initiative, under which in excess of 1,900 units were sourced in 2009 and through which I expect a substantial number of units to be provided in the years ahead to meet housing needs, estimated at just over 56,000 households in the 2008 housing needs assessment. This, together with the rental accommodation scheme, complements the traditional capital funded programmes operated through local authorities and the voluntary and co-operative housing sector. I will be keeping the leasing initiative and all the other housing programmes under ongoing review to ensure that they are appropriately geared towards meeting the maximum level of housing need. In relation to affordable housing, rather than setting targets for delivery, the emphasis this year, having regard to developments in the housing market, will be on continuing to progress measures to ensure the most effective deployment of already delivered but unsold affordable homes, including their use for social housing purposes.

58. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the number of persons on social housing lists by local authority in each of the past three years; and if he will make a statement on the matter. [2462/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The number of households on a local authority’s waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. My Department does not hold information in relation to the numbers currently on waiting lists in local authorities. A statutory assessment of housing need is carried out every three years by all housing authorities in accordance with the terms of the Housing Act 1988. The last assessment took place in 2008 and indicated that there were 56,249 households in need of social housing support. Further information regarding the assessment, including a breakdown of housing need figures by housing authority, is available on my Department’s website at www.environ.ie.

Local Authority Funding. 59. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment if funding is available for the restoration and upkeep of thatched cottages in our communities; and if he will make a statement on the matter. [47036/09]

967 Questions— 21 January 2010. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Under my Department’s renewal or repair of thatch roofs of a house grant scheme, a grant up to €3,810, or two thirds of the approved cost, whichever is the lesser, may be payable in respect of necessary works to renew or repair the thatched roofs of houses. A higher grant of up to €5,714 may be payable where the house is situated on certain specified islands off the west and south coasts. In the case of medical card holders, a grant of up to €6,350, or up to 80% of the approved cost, may be payable in respect of houses situated on the mainland, rising to €8,252 where the house is situated on a specified off-shore island. Eligibility under the grant scheme is contingent on the house being occupied as a normal place of residence on completion of the approved works.

Social and Affordable Housing. 60. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government if he will ring-fence money obtained from the sale of social and affordable housing units to put towards obtaining further units to ensure the stock of housing is not depleted. [2330/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department’s housing capital programme has provided significant investment in the construction and acquisition of new social housing stock, as well as supporting major regeneration and remedial works schemes for existing housing stock, thereby ensuring that the overall social housing stock is not depleted. From 1 January 2007, local authorities were given direct control in relation to their internal capital receipts from the sale of local authority dwellings, to be used primarily for extensive improvement works programmes, and on occasion, for additional stock. My Department approves the overall annual programmes and it is the responsibility of individual local authorities to prioritise and advance the range of projects included in their programmes. Section 13 of the Housing (Miscellaneous Provisions) Act 2009 provides that any moneys accruing to a housing authority from the sale of a dwelling owned by the authority “shall be accounted for by the housing authority in a separate account and, subject to the prior approval of the Minister, may be used for the provision of housing or for the refurbishment or maintenance of existing housing, or any other related purposes”. I have no plans, at present, to direct local authorities to ring-fence any such monies solely for the construction or acquisition of new units. Sales of local authority dwellings have, in any event, shown a sharp decline over 2009 and the schemes for local authority sales of affordable housing units were designed to cover the costs of delivering the units, rather than to generate additional funds.

Tax Yield. 61. Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the amount collected to date by each local authority under the non-principal private residence tax; the way the amount collected by each local authority compares with the amount estimated; the amount of the moneys collected that has been reissued to each local authority and town council respectively; and if he will make a statement on the matter. [2470/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The amounts collected to date under the non-principal private residence charge and the net amounts pertaining to each local authority as at 15 January 2010 are detailed in the following table. The net figures incorporate a reduction of approximately 1% on average to cover admini-

968 Questions— 21 January 2010. Written Answers stration and transaction charges. My Department does not have figures relating to amounts received by town councils, as under section 15 of the Local Government (Charges) Act 2009, the distribution of moneys in this regard is a matter for the relevant county council. The non-principal private residence charge was originally estimated to bring in approximately €40 million in 2009, based on a conservative estimate of 200,000 liable properties in the State. This figure was drawn from the 2006 Census and information supplied by the Private Residen- tial Tenancies Board (PRTB). I do not have a detailed breakdown of these estimates by local authority area.

NPPR Totals — to 15 January 2010

Total received Net amount to local authority €€

Dublin City Council 10,636,080 10,541,338 Cork County Council 4,778,840 4,727,778 Fingal County Council 2,864,060 2,832,864 Kerry County Council 2,749,420 2,727,583 Dun Laoghaire-Rathdown County Council 2,628,520 2,600,155 Donegal County Council 2,420,920 2,390,497 Wexford County Council 2,349,600 2,327,046 Cork City Council 2,220,460 2,200,709 South Dublin County Council 2,116,460 2,092,520 Galway City Council 1,972,240 1,952,720 Galway County Council 1,883,120 1,867,284 Clare County Council 1,788,500 1,773,944 Kildare County Council 1,775,980 1,756,650 Mayo County Council 1,774,940 1,752,606 Wicklow County Council 1,342,340 1,330,382 Limerick County Council 1,286,580 1,272,693 Meath County Council 1,221,580 1,206,603 Limerick City Council 1,183,420 1,173,320 Louth County Council 1,040,460 1,027,901 Sligo County Council 1,000,880 987,845 Westmeath County Council 912,480 901,166 Waterford City Council 853,040 842,395 South Tipperary County Council 816,540 806,602 Waterford County Council 736,240 725,798 Roscommon County Council 733,420 723,558 Kilkenny County Council 727,000 716,243 Cavan County Council 677,680 668,478 North Tipperary County Council 604,700 595,373 Laois County Council 579,120 572,794 Carlow County Council 569,120 560,277 Leitrim County Council 529,980 521,462 Offaly County Council 515,680 507,403 Longford County Council 475,660 468,729 Monaghan County Council 399,360 392,570

TOTAL 58,164,420 57,545,286

969 Questions— 21 January 2010. Written Answers

Water and Sewerage Schemes. 62. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if the Bandon sewerage scheme, County Cork, will proceed immediately in view of the fact that it is ready to go to tender and that its completion will have a positive effect on factors that cause flooding in the town. [2299/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Bandon sewerage scheme was included in my Department’s Water Services Investment Programme 2007-2009. Contract Documents for this scheme are currently under examination in my Department and a decision will be conveyed to the council as soon as possible in light of the finalisation of the Water Services Investment Programme for 2010 to 2012. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently considering these assessments, which 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. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year.

Homeless Persons. 63. Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the progress of the national homeless strategy to end long term homelessness and rough sleeping; the steps he will take in 2010 to achieve this goal. [2333/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The National Implementation Plan for the Government’s Home- less Strategy, The Way Home, provides a robust framework to guide the action required at national level to end long term homelessness and the need to sleep rough by end 2010 through a series of priority actions and supporting measures, and promotes and supports effective implementation locally. At national level, a range of action is being taken to ensure that implementation of the Homeless Strategy is firmly underpinned by research, data and information, by a robust policy framework, adequate funding for homeless accommodation services, effective consultation and co-ordination structures and arrangements, comprehensive legislative provisions, and mechanisms for the provision of suitable accommodation with housing supports, as required. Practical achievement of the objectives of the Strategy will ultimately be determined primarily by the performance and effectiveness of action by relevant agencies at local level which, in future, will operate within the new statutory framework of structures and action plans provided for in the Housing (Miscellaneous Provisions) Act 2009. An order to commence the relevant statutory provisions has been made bringing into force the homeless provisions with effect from 1 February 2010. A new scheme of homes and support —“SLI” (Support to Live Independently) — was developed and details issued in July 2009. This will form an important element of action to end long term homelessness by providing suitable long-term accommodation in mainstream housing with appropriate supports to help people make a successful transition from homelessness to independent living. It involves the use of accommodation procured through the Social Housing Leasing Initiative or available to local authorities in the form of affordable housing that is

970 Questions— 21 January 2010. Written Answers unsold or considered unlikely to sell in the current market, along with availability of low to moderate level visiting supports, on a reducing basis for a period, to help homeless households address the challenges likely to arise in making the progression to independent living. The new Social Housing Leasing Initiative which was introduced in February 2009 has wid- ened the supply avenues available to local authorities to meet social housing need, and this combined with the supports available through the SLi scheme should improve the access of homeless households to long term housing. While particular effort to move people with low to medium needs to mainstream housing is proceeding because this will reduce demands on emergency facilities, the provision of appropriate facilities and supports for people with more intensive needs is also a priority, whether in the form of certain mainstream accommodation, long term supported accommodation or emergency accommodation for people with higher needs. The re-configuration of existing homeless services will result in extending the availability of long-term supported residential accommodation for people who are unable to live independently. Exchequer funding available for homeless accommodation and related services is being maintained at a record level of €56m in 2010 notwithstanding the more constrained state of the public finances. Local authorities were advised by my Department to take a proactive approach with regard to homeless people during the severe weather conditions and to ensure, as far as possible, that no person would be left vulnerable due to lack of availability of emergency accommodation, should the need arise. The Department agreed in advance proposals and funding for cold weather arrangements in a number of areas, including Dublin; issued an alert to all local authorities outside of Dublin regarding the need for vigilance, adequate arrangements, etc; and issued a general approval to all local authorities to extend opening hours, where necessary. The Department is now considering how the good work done and information gained in the context of the recent cold weather efforts can be built on in order to accelerate progress towards achievement of the strategic objective of ending the need to sleep rough.

Question No. 64 answered with Question No. 23.

Social and Affordable Housing. 65. Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the way local authorities will be directed to designate new housing for the incremental purchase scheme; and if he will make a statement on the matter. [2474/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Housing authorities have been instructed, by Circular letter, to begin the process of designating suitable new-build housing for incremental purchase by way of a Manager’s Order. The Hous- ing (Incremental Purchase) Regulations 2009 set out the classes of dwellings to which incremental purchase arrangements apply. Further regulations are required to give full effect to the detailed terms of the scheme. These Regulations are currently being drafted by my Department with the intention that the scheme be rolled out to housing authorities by mid-2010.

Question No. 66 answered with Question No. 34.

Departmental Reports. 67. Deputy John O’Mahony asked the Tánaiste and Minister for Enterprise, Trade and

971 Questions— 21 January 2010. Written Answers

[Deputy John O’Mahony.] Employment the number of reports and task forces set up and commissioned in her Depart- ment in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if she will make a statement on the matter. [2625/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The details requested by the Deputy are in a tabular statement.

Reports Commissioned by the Department 2007

Title of Report Report Completed Reason for Report Cost of Report

Review of the Operation of the Yes To make recommendations on the €95,711 National Employment Rights structures, processes and systems that Authority’s (NERA) Information should operate in NERA’s Services. Information Unit in order to achieve the highest possible standard of excellence in terms of meeting customer needs

Review and Regulation of Petroleum Yes To provide advice and €143,098 Handling and Storage Facilities Recommendations to the Department in support of its review of the Dangerous Substances Acts 1972 and 1979 and related Regulations

Value for money Review of Science Yes The review was undertaken as part of €189,038 Foundation Ireland the Government’s Value for Money and Policy Review initiative

Value for Money Review of the FÁS Due in Spring 2010 To examine the effectiveness and Being produced Competency Development efficiency of the CDP in advancing within Programme (CDP) the strategy of the Department Department insofar as it relates to training of the employed.

Research Report on Acquired Disability Yes To research issues surrounding acquired €79,896 and Employment disability in employment and job retention

Review of the Wage Subsidy Scheme Yes To review the Wage Subsidy Scheme €47,190

Delivering a More Inclusive Workplace: Yes Reporting requirements under ESF co- €23,128 (50% ESF Innovations from EQUAL (an EU funded programme co-funded) European Social Fund (ESF) co- funded Community Initiative)

Business Process Review of the Yes To carry out a Business Process Review €20,364 Department’s Insolvency Payments of the Department’s Insolvency Section Payments Section

Report on General Scheme of the Yes Section 71 of the Company Law €12,571 Companies Consolidation and Reform Enforcement Act 2001 makes Bill provision for the Company Law Review Group (CLRG) to provide a report to the Minister both on the activities of the Group during the year, and on any matter concerning the functions of the Group or any matter referred to the Group for its advice.The Report is explanatory and accompanies Pillars A and B of the General Scheme of the Companies Consolidation and Reform Bill

Report of the Business Regulation Yes The BRF was set up to advise the €7,615 Forum (BRF) Minister for Enterprise, Trade and Employment on regulatory matters impacting on business. The Report sets out the findings of the BRF in this regard

972 Questions— 21 January 2010. Written Answers

Title of Report Report Completed Reason for Report Cost of Report

Forfás Report on Ireland’s Co-operative Yes To provide an economic and social Nil (Cost borne by Sector profile of the co-operative sector to Forfás) assist the Department in reviewing the legislative and organisational framework for co-operatives

Market Research re Office of the Yes Measurement of company law €44,790 Director of Corporate Enforcement compliance environment and the (ODCE) performance of the ODCE in the discharge of its functions

Forensic Accounting Assignment for Yes Assistance in ODCE investigation €121,053 ODCE

Communications Strategy Yes Advice on dissemination of information €32,670 to encourage compliance with Company Law

Report of the Employment Appeals Yes Report examined EAT’s procedures and €8,056 Tribunal (EAT) Procedures Revision looked at ways of improving customer Group service outcomes

2008

Title of Report Report Completed Reason for Report Cost of Report

Website Evaluation Report Yes Review of the Department’s website €41,261

Report and Recommendations from the Yes To examine feedback from staff with a €18,000 Consultation Process with Staff in the view to formulating an action plan to Department of Enterprise Trade and improve their working environment Employment and thus help them to contribute more effectively to achieving my Department’s business objectives.

Business Process Review and Gap Yes To inform the formulation of NIL Analysis of Operations and Activities requirements for an ICT Solution to of the National Employment Rights meet the Authority’s case Authority (NERA) management and information provision requirements.

First Report on the Strategy for Science, Yes To outline progress made in €18,212 Technology and Innovation implementing the Governments Strategy for Science, Technology & Innovation since its adoption in 2006

Evaluation of Discover Science and Yes Review of the efficacy of the DSE €105,082 (Shared Engineering Programme (DSE) Science Awareness programme by a equally between panel of international experts the Department and Forfás)

Review of Irish membership of the Anticipated The review was undertaken as part of €51,182 (Shared European Molecular Biology publication date initial Government decision in 2004 equally between Laboratory (EMBL) is early 2010 upon joining EMBL. the Department and Forfás.

Equality Survey under the European Yes Aim of survey and report was to: €23,850 (50% co- Social Fund (ESF) co-funded • Assess public views and knowledge funded by the EQUAL Community Initiative of equality, with a particular ESF) emphasis on the labour market, education and training; • Ascertain knowledge of actions to promote equality at EU and national level; and • Identify public support for further action at EU and national level in relation to equality.

973 Questions— 21 January 2010. Written Answers

[Deputy Mary Coughlan.]

Title of Report Report Completed Reason for Report Cost of Report

Audit of “DAWN” project under ESF Yes To review audit trail for ESF €25,090 (50% co- co-funded EQUAL Community expenditure funded by the Initiative ESF)

Review and assessment of EQUAL Yes To review and assess the EQUAL €61,595 Community Initiative 2000-2006 Community Initiative 2000-2006

Review of the FÁS Science Challenge Yes To review expenditure to date under NIL (Review and Initiative the Initiative and to make Report were recommendations on its future completed within Department)

Review of Labour Market Programmes Ongoing To review efficiency and effectiveness of NIL (Analytical by the Department of Enterprise, labour Market programmes support provided Trade and Employment by Forfás.)

Data Backup and Storage Review September 2008 To review the Department’s Data €13,750 Backup and Storage environment and produce a report with recommendations.

Productive Sector Operational Yes To demonstrate compliance with EU €38,130 Programme (PSOP) Managing Structural Funds Regulatory Authority “Look Back” Audit (Parts requirements 1&2)

Report on a named company Yes Assessment of a named company’s €273,460 restructuring plan

Environmental Goods and Services on Yes The Department of Enterprise, Trade A study was the Island of Ireland — Enterprise and Employment asked Forfás to commissioned as Opportunities and Policy Implications examine the opportunities in the the basis for this Environmental Goods and Service report at a cost of Sector €119,866, this cost was met equally by Forfás and InterTradeIreland. Associated printing costs of €3,902 were paid by Forfás.

Measuring Administrative Burdens in Yes To measure the administrative burdens €58,249 Company Law, Employment Law and arising in Company Law, Health & Safety Law Employment Law and Health and Safety Law in order to contribute to the 25% target on reducing administrative burden for business

Prioritising Health & Safety Information Yes To identify a list of priority information €5,143 Obligations (2 reports) obligations arising from health and safety legislation for measurement in order to contribute to the 25% target on reducing administrative burden for business

Prioritising Information Obligations in Yes To Identify a list of priority information €2,226 Company Law obligations arising from company law for measurement in order to contribute to the 25% target on administrative burden reduction

Listing of information obligations in Yes To list the information obligations €4,650 Employment Law arising from employment law in order to contribute to the 25% target on reducing administrative burden for business

974 Questions— 21 January 2010. Written Answers

Title of Report Report Completed Reason for Report Cost of Report

Listing of information obligations in Yes To list the information obligations €5,102 Company Law arising from company law in order to contribute to the 25% target on reducing administrative burden for business

Listing of information obligations in Yes To list the information obligations €4,616 Health & Safety Law arising in health and safety law in order to contribute to the 25% target on reducing administrative burden for business

Provision of Statistical Analysis (re Yes Estimation of number of companies to €182 Audit Exemption Threshold) benefit from change in Audit Exemption Threshold in order to contribute to the 25% target on reducing administrative burden for business

Three Standard Cost Model Yes To carry out a measurement of specific €5,707 measurements for the High Level administrative burdens identified by Group on Business Regulation the High Level Group on Business Regulation in order to contribute to the 25% target on reducing administrative burden for business

Report on the Company Law Review Yes Section 71 of the Company Law €8,935 Group (CLRG) Work Programme Enforcement Act 2001 makes 2007 provision for the CLRG to provide a report to the Minister both on the activities of the Group during the year.

Grocery Monitor Reports Numbers 1, 2 Yes Following the repeal of the Restrictive Cost borne by the and & 3:(1) A Description of the Practices (Groceries) Order 1987, the Competition Structure & Operation of Grocery Competition Authority was requested Authority. Retailing & Wholesaling in Ireland to review and monitor developments 2001-2008(2) A Description of the in the grocery sector in light of the Structure & Operation of Grocery new regulatory environment. Retailing & Wholesaling in Ireland 2001-2008(3) A Description of the Structure & Operation of Grocery Retailing & Wholesaling in Ireland 2001-2008

Report of the Advisory Group on Yes An Advisory Group was established in €33,732 Media Mergers 2008 to carry out a review of the legislative provisions applying to media mergers.

Companies Registration Office Business Yes Examination of processes in the Carlow €71,874 Process Engineering Review and Dublin offices after establishment of Carlow office

Companies Registration Office XBRL Yes To test the feasibility of implementing €31,683 Feasibility Study the filing of XBRL financial statements

Market Research for the Office of the Yes Measurement of company law €15,898 Director of Corporate Enforcement compliance environment and the (ODCE) — continuation of 2007 performance of the ODCE in the research discharge of its functions

Forensic Accounting Assignment for the Ongoing Assistance in ODCE investigation €137,772 ODCE

975 Questions— 21 January 2010. Written Answers

[Deputy Mary Coughlan.]

2009

Title of Report Report Completed Reason for Report Cost of Report

Dispute between the TEEU and Yes Enquiry commissioned under Section €40,000 employers in the electrical contracting 38(2) of the 1990 Industrial Relations industry Act

Science, Technology and Innovation: Yes To outline progress made by Ireland in €12,648 Delivering the Smart Economy developing the Smart Economy through strategic investment in R&D

First report of the Enterprise Feedback To be published To enable enterprise representatives to — Group to Tánaiste (see entry under shortly provide feedback on the “Task Forces” also) implementation of the Strategy for Science, Technology and Innovation (STI) 2006-2013 thereby informing the formulation of future STI policy

Oracle Software Asset Management Yes Analyse software usage and license €7,560 compliance.

Redundancy, Insolvency Recovery Yes To determine the feasibility, of €10,328 (RIR) Feasibility Study (Technical capitalising on the hardware Upgrade & Migration to Redundancy investment for the Redundancy Payments System (RPS) Platform) Payments System through a migration and technical upgrade of the Insolvency Payments System

Report of the High Level Action Group Yes The Report was the formal output of Cost met by on Green Enterprise (see entry under the High Level Action Group on Forfás “Task Forces” also) Green Enterprise

Assessment of Policy Options for Credit Yes To assess possible provision of State Work undertaken Insurance supported Export Credit Insurance by Forfás

Forensic Assessment of Ireland’s Credit Yes To undertake a forensic assessment of €209,564 Insurance Market during 2008 and the Credit Insurance market in 2009 Ireland

Report of the Procurement Innovation Yes To improve public procurement — Group practices and SME access

Retail-related Import and Distribution Yes The Competition Authority was asked Cost borne by the Study to carry out a study of the retail Competition import and distribution sector aimed Authority at bringing greater transparency to structure and pricing in the retail sector.

Report of the Company Law Review Yes Section 71 of the Company Law — Group (CLRG) Work Programme Enforcement Act 2001 makes 2008 provision for the CLRG to provide a report to the Minister both on the activities of the Group during the year, and on any matter concerning the functions of the Group or any matter referred to the Group for its advice.

976 Questions— 21 January 2010. Written Answers

Task Forces Commissioned by the Department No Task Forces were commissioned in 2007. The following is the position for 2008 & 2009:

2008

Name of Task Forces Work of Task Reason for Task Force Cost of Task Force Force Completed

Enterprise Feedback Group (see Ongoing To enable enterprise Travel and Subsistence allowance entry under “Reports” also) representatives to provide is provided to members at feedback on the implementation standard rates of the Strategy for Science, Technology and Innovation (STI) 2006-2013 thereby informing the formulation of future STI policy

High Level Action Group on Yes The High Level Action Group on Miscellaneous costs totalling less Green Enterprise (see entry Green Enterprise was than €1,000 under “Reports” also) established pursuant to a commitment in the Government’s framework for Sustainable Economic Renewal, Building Ireland’s Smart Economy

Sales Law Review Group Ongoing To review the legislation €62,128 The 2009 expenditure governing the sale of goods and includes a payment of €14,000 supply of services on a research report entitled ‘Evolution of the Sale of Goods Act 1893 in Other Jurisdictions and Lessons for the Reform of Irish Sales Law’ that was commissioned by the Review Group in September 2009.

2009

Name of Task Forces Work of Task Force Reason for Task Force Cost of Task Force Completed

Mid-West Task Force Interim Report No The Task Force was established Nil to date following 1,900 jobs lost in Dell in 2009. The Task Force was to examine economic impacts and make recommendations.

Tribunals of Inquiry. 68. Deputy John McGuinness asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of tribunals of inquiry conducted by her Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2728/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): There are no tribunals of inquiry currently being conducted under the auspices of my Department.

Departmental Bodies. 69. Deputy John McGuinness asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of bodies and agencies operated under the remit of her Department; 977 Questions— 21 January 2010. Written Answers

[Deputy John McGuinness.] the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if she will make a statement on the matter. [2742/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the time available since this Question was tabled my Department has not been able to collect information on all the issues raised by the Deputy. I will forward the information to the Deputy.

Personal Injuries Assessment Board. 70. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether it is appropriate that the injuries board should have on its website an interactive guide (details supplied) showing the way a person may receive compensation for an injury; and if she will make a statement on the matter. [2811/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Personal Injuries Assessment Board (PIAB) was established in April, 2004 as part of the Government’s insurance reform programme, with the aim of allowing certain classes of personal injury claim, where liability is uncontested, to be settled without the need for the costs associated with litigation. PIAB has changed the personal injury claims process in a wholly positive way, with claimants’ waiting time reduced, on average, by more than 27 months, from 3 years under the old system to 7 months, and overheads now reduced by some €50 million per annum. Awards are made at the same levels as the Courts and according to a Book of Quantum published by PIAB in 2004. While the content and format of the PIAB website is a day-to-day matter for the Board itself, I understand that the estimator is a visual display of the information contained in the Book of Quantum and is representative of the range of values contained therein. It is of particular benefit to claimants who may not have the same access to this information as insurance companies, who would typically be the respondents in personal injury cases.

71. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will review the book of quantum to bring awards into line with other OECD countries regarding the injuries board; and if she will make a statement on the matter. [2812/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the Personal Injuries Assessment Board Act 2003, a function of the Board is to prepare and publish a Book of Quantum containing general guidelines as to the amounts that may be awarded or assessed in respect of specified types of injury. The Book of Quantum was compiled by independent, internationally recognised consultants based on data from Courts, insurers and self-insured sectors and it was published in 2004. The Book of Quantum shows, for various injuries, the ranges of compensation to which people may be entitled. Through the use of the Book of Quantum the Personal Injuries Assess- ment Board (PIAB) delivers assessments at the same level as those awarded by the Courts in a prompt and transparent manner at considerable savings and significantly quicker than the previous adversarial system. Since its establishment it has been responsible for a significant

978 Questions— 21 January 2010. Written Answers reduction in the costs of insurance premiums. This has been of significant benefit to consumers and businesses in Ireland. I have no plans at this time for the Book to be reviewed.

Industrial Development. 72. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the specific programme and initiatives that exist to assist persons, who have recently been made redundant or have been put on notice, to establish their own business; and if she will make a statement on the matter. [2813/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): FÁS Employment Services provides a range of services and supports to all Job- seeker’s, including Jobseeker’s who have been made redundant. Clients can register at one of the 71 local FÁS Employment Service offices nationwide, for on-site career guidance and job placement services. Various initiatives have also been but in place to assist the growing number of redundant workers and the unemployed. In 2009, FÁS more than doubled the number of openings on its training and work experience courses to over 130,000 places. This was achieved by running a range of new short courses opening up free evening courses to the unemployed and providing a range of on-line blended (internet with tutor support) courses. As part of this process start- your-own-business training has been increased to assist redundant workers who may be interested in establishing their own business. In addition to the FÁS provision the County and City Enterprise Boards (CEBs) can provide support to the micro-enterprise sector in the start-up and expansion phases. The criteria under which financial assistance is available is based primarily on factors such as the sector of the economy in which an enterprise is operating or intends to operate and the size, or proposed size, of the enterprise. Any individual who wishes to seek advice on setting up their own business can contact their local CEB to discuss what assistance may be available to them. In addition to the training and advice supports provided by FÁS and the CEBs the Depart- ment of Social and Family Affairs’ Back to Work Enterprise Allowance (BTWEA) is aimed at encouraging people who are receiving social welfare payments to become self-employed. The Scheme provides a weekly payment for unemployed people who set up their own business. It allows these individuals to keep a portion of their social welfare payment for 2 years and is not subject to tax or Pay Related Social Insurance. I should also mention that in addition to the aforementioned supports not for profit organiza- tions such as First Step finance provide assistance and funding to microenterprises. Finally, I understand that a European Progress Microfinance Facility was approved by the European Parliament in December 2009 and is due to come into force in early 2010.

FÁS Training Programmes. 73. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on recommencing the community youth training programme to provide employment and training for unemployed construction workers and apprentices; and if she will make a statement on the matter. [2814/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Community Youth Training Programme was introduced in the late 1980’s and

979 Questions— 21 January 2010. Written Answers

[Deputy Dara Calleary.] provided training for unemployed construction workers and time served apprentices to complete industry approved community based training projects. In 1993 the new Standards Based Apprenticeship Scheme was introduced which required apprentices to be registered with a FÁS approved employer, who has the range of work, range of equipment and skilled craftspersons to train apprentices in the relevant trades. The Community Youth Training Programme as previously constituted would not provide the necessary range of work and skills development in a commercial environment to ensure that apprentices reach the minimum standard of skills, knowledge and competence required by Industry.

Industrial Development. 74. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on recommencing the enterprise development programme to assist newly redundant persons to set up their own business; and if she will make a statement on the matter. [2815/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): State assistance to small businesses in Ireland is provided through a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of priming, expansion/development and feasibility/innovation grants. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of enterprises provided that the projects have the capacity to achieve commercial viability and which over time may develop into strong exporting entities. In order to more fully explore the range of options that may be available, individuals are advised to contact their local CEB to discuss their business needs with the relevant staff of the Board. Contact details for individual CEBs can be found by accessing the following website: www.enterpriseboards.ie.

Departmental Agencies. 75. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if the information technology director of FÁS sought an audit into the Job Ireland website prior to 2005; and if she will make a statement on the matter. [2816/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In September 2000, an internal group was established within FÁS to review the Jobs Ireland website. A decision was taken in light of this review to close that site. An internal audit investigation into the website was not sought. The brand name Jobs Ireland was later adopted for use in relation to all FÁS recruitment activities including JobBank.

980 Questions— 21 January 2010. Written Answers

FÁS Training Programmes. 76. Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment when the circular, which was promised by the Department of Finance in December 2009, will be furnished regarding the work placement scheme programme; the reason same has been delayed; and if she will make a statement on the matter. [2846/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Work Placement Programme provides up to 9 months work experience to 2,000 unemployed individuals, including graduates. In principle, the Programme is open to all sectors of the economy, including the private and public sectors, as well as the community and voluntary sectors. The aim of the Programme is to assist unemployed people, including graduates, to establish or maintain links to the labour market. This should better position unemployed people to avail of new job opportunities when they arise. It is understood that the Department of Finance intends to issue guidance, in the near future, to Central Government Departments and Offices on how their participation in the Programme might best be managed.

77. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of public sector bodies which have applied for and been approved for the FÁS work placement scheme in 2009; and if she will make a statement on the matter. [2861/10]

78. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of private sector employers who have applied for and been approved for the FÁS work placement scheme in 2009; and if she will make a statement on the matter. [2862/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 77 and 78 together. The Work Placement Programme provides up to 9 months work experience to 2,000 unemployed individuals, including graduates. The Programme is open to all sectors of the economy, including the private and public sectors, as well as the community and voluntary sectors. The aim of the Programme is to assist unemployed people, including graduates, to establish or maintain links to the labour market. This should better position unemployed people to avail of new job opportunities when they arise. In 2009 64 Public Sector bodies applied and were approved for the FÁS Work Placement Scheme in 2009. In 2009 559 Private Sector employers applied and were approved for the FÁS Work Place- ment Scheme in 2009. There is a need to encourage more enterprises to participate in the programme and FÁS are continuing to promote the programme with employers’ representative bodies such as IBEC and ISME.

Departmental Agencies. 79. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of permanent staff and temporary staff employed by FÁS at the end of 2007, 2008 and 2009 in tabular form; and if she will make a statement on the matter. [2863/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The information requested by the Deputy is set out in a table:

981 Questions— 21 January 2010. Written Answers

[Deputy Dara Calleary.] FÁS Staff

2007 2008 2009

2,265.46 2,272.14 2,055.4

Of the numbers indicated above 99.35 persons were employed on fixed-term contracts in 2007; 90.1 persons likewise in 2008 and 10.5 persons in 2009. Information on temporary staff is currently being compiled and will be communicated to the Deputy when it is available.

FÁS Training Programmes. 80. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of applicants who have been placed and commenced work under the FÁS work placement programme; the location of these placements by county; the FÁS areas at which work placements need to be filled in tabular form; and if she will make a statement on the matter. [2864/10]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Work Placement Programme provides up to 9 months work experience to 2,000 unemployed individuals, including graduates. The Programme is open to all sectors of the economy, including the private and public sectors, as well as the community and voluntary sectors. The aim of the Programme is to assist unemployed people, including graduates, to establish or maintain links to the labour market. This should better position unemployed people to avail of new job opportunities when they arise. As at 20th January 2010 there have been 257 placements on the Work Placement Prog- ramme. There are currently 995 vacancies for places under the programme. I have outlined in tables the location of these placements by county and FÁS.

The location of placements on the Work Placement Programme by county

FÁS Region Areas/Counties Number of Placements Commenced

Dublin Central Baggot Court, D’Olier House, Parnell Street, Ballyfermot, Cabra 80 Dublin North Baldoyle, Balbriggan, Swords, Blanchardstown, Coolock, Finglas 22 Dublin South Rathfarnham, Crumlin, Tallaght, Clondalkin, Tallaght, Dun 18 Laoghaire, Loughlinstown Midlands Kildare, Laois , Longford, Offaly, Westmeath 10 Mid West Clare, Limerick, Tipperary 17 North East Cavan, Louth, Meath, Monaghan 11 North West Donegal, Leitrim, Sligo 3 South East Carlow, Kilkenny, Tipperary South, Waterford, Wexford, Wicklow 27 South West Cork, Kerry 31 West Galway, Mayo, Roscommon 38

Total 257

982 Questions— 21 January 2010. Written Answers

The FÁS areas at which work placements need to be filled

FÁS Region Areas/Counties Number Of Available Posts

Dublin Central Baggot Court, D’Olier House, Parnell Street, Ballyfermot, Cabra 152 Dublin North Baldoyle, Balbriggan, Swords, Blanchardstown, Coolock, Finglas 83 Dublin South Rathfarnham, Crumlin, Tallaght, Clondalkin, Tallaght, Dun 103 Laoghaire, Loughlinstown Midlands Kildare, Laois, Longford, Offaly, Westmeath 62 Mid West Clare, Limerick, Tipperary 89 North East Cavan, Louth, Meath, Monaghan 88 North West Donegal, Leitrim, Sligo 68 South East Carlow, Kilkenny, Tipperary South, Waterford, Wexford, Wicklow 143 South West Cork, Kerry 106 West Galway, Mayo, Roscommon 101

Total 995

Departmental Agencies. 81. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of staff employed in each agency that derives from her Department at the end of 2007, 2008, and 2009; and if she will make a statement on the matter. [3209/10]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information requested by the Deputy in respect of those Agencies under the aegis of my Department is set out.

Agency Employed Dec 07 Employed Dec 08 Employed Dec 09

Enterprise Ireland 831.5 874 841 Industrial Development Authority 273 276 268 FÁS: 2,241 2,241 2,055.4 Apprenticeship Programme 24.5 31 Health & Safety Authority 186 200.3 193.3 SFADCo 130 128.5 118 NSAI 160 157.3 192 Forfás 120 130 117.5 Science Foundation of Ireland 36 50 54 Competition Authority 51 54 43.2 IAASA 101212 County Enterprise Boards 146 147.3 143.2 Intertrade Ireland 42 40 42 National Consumer Agency 62 54 42 Personal Injuries Assessment Board 71 72 74

Flood Relief. 82. Deputy Bernard J. Durkan asked the Minister for Finance if his Department alone or with the cooperation of other Departments is willing to carry out a survey of the areas through- 983 Questions— 21 January 2010. Written Answers

[Deputy Bernard J. Durkan.] out the country that have been the subject to flooding over the past 20 years with a view to carrying out the necessary remedial works; and if he will make a statement on the matter. [2907/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): For several years, the Office of Public Works has held a significant amount of valuable historical data on flood events occurring nationally over the past century. This data is available on the Flood Hazard Maps website, www.floodmaps.ie. Following the Review of Flood Policy in 2004, the OPW was assigned lead agency responsibility for the management of flood risk. Central to the policy is a Catchment Flood Risk Assess- ment and Management (CFRAM) Programme, which focuses on the assessment of flood risk and the long-term planning of the flood risk management measures throughout the country, including non-structural and structural measures. A constituent part of these risk assessments is reference to records of previous flooding events in each catchment. The CFRAM Programme is being delivered through the CFRAM Studies, led by the OPW, and undertaken in partnership with local authorities, in consultation with stakeholders and the public. The CFRAM Studies are comprehensive catchment-based studies focused on areas of potentially significant risk, for which detailed flood maps are produced and flood risk management measures are assessed. These measures will be prioritised and set out in a Flood Risk Management Plan (FRMP). The CFRAM Programme will, as well as delivering on national policy, meet the requirements of the 2007 EU ‘Floods’ Directive. The procurement process for the national programme of CFRAM Studies has been initiated, and the studies will commence in 2010. OPW is also undertaking a number of other flood risk management programmes, including:

• Flood Hazard Mapping;

• Flood Studies Update;

• Strategic Hydro-Meteorological Review;

• Research and Development.

These Programmes will assist in addressing existing and future flood risk by helping to focus on a series of measures regarding sustainable flood prevention, protection and mitigation.

83. Deputy Bernard J. Durkan asked the Minister for Finance the steps he will take to address the issue of flooding of residential properties throughout the country; and if he will make a statement on the matter. [2908/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Since the introduction of the Arterial Drainage Amendment Act, 1995, allowing the Office of Public Works to undertake urban flood relief projects to protect residential properties and businesses, approximately €200 million has been invested on capital projects in the intervening years, with over €112 million spent in the last five years alone. Since 2003, OPW have completed schemes in Carrick-on-Suir, Co. Tipperary, Kilkenny City, Leixlip, Co. Kildare and on the River Dodder in Counties Meath and Dublin. OPW has currently profiled expenditure in excess of €200 million on about fifteen major capital schemes from now to 2014, with a Budget allocation for 2010 of €50million. 2010 will see the first phases of major schemes being completed in Clonmel, Co. Tipperary, Mallow, Co.

984 Questions— 21 January 2010. Written Answers

Cork, Ennis, Co. Clare, Waterford City and Fermoy, Co. Cork. Construction works will continue in 2010 on Schemes at Mornington, Co. Meath and the River Dodder in Dublin. It is also planned to commence construction of the second phases of schemes in Clonmel, Mallow and Ennis in the first half of 2010, along with the scheme planned for Templemore, Co. Tipperary. While these schemes are at construction, the detailed design and procurement processes for civil engineering contractors for the second phases of schemes in Waterford City and Fermoy will continue. Other major schemes, which will be progressed through detailed design and procurement processes in 2010, include Arklow and Bray, both in Co. Wicklow. In addition to all these schemes, it is hoped to commence construction on the main Drainage Scheme in Carlow Town, which includes a flood defence scheme for which OPW is providing funding. All these schemes form the core of the investment planned over the next five years. In parallel with the major schemes being progressed, a Minor Flood and Coastal Protection Works Programme was initiated in 2009 where OPW are providing funding for minor, localised flood relief work to be undertaken by local authorities. An initial amount of €6m has been allocated for this in 2010. This will be reviewed when all applications have been received from local authorities.

Departmental Reports. 84. Deputy John O’Mahony asked the Minister for Finance the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2627/10]

Minister for Finance (Deputy Brian Lenihan): The information requested by the Deputy in respect of the years 2007 to 2009 is contained in tables.

985 Questions— 21 January 2010. Written Answers € € cost of report cost of report s Branch/ Apr 2007 49,624.06 ’ s Office ’ 2008 2007 definitions and monitoring arrangementseditions for of future the Serviceadvise Level on Agreement the with placement OSi; of and oversight to of the agency. Connell Review of the NPRF Nov 2008 Nil ’ Independent and Policy Review Process. — s Branch/ PwC To review risk management in Account ’ s Office Paymaster General ’ commissioned Name of report / Task force commissioned Who carried out the report Reason for report Completion date Cost/ Estimated Name of report/Task force Who carried out the report Reason for report Completion date Cost/ Estimated Assessment Report Paymaster General the Grant-in-Aid to OrdnanceIreland SurveyCommercial State Bodies Survey Ireland (OSi); to identify improved output Procurement Reform Initiative Value for Money and Policy Review of Howarth Consulting Ireland LimitedRisk To Review assess for the Accountant objectives of the grant-in aid to OrdnanceReview of remuneration of CEOs of Apr 2007 Hay Management Consultants Review pay of CEOs 57,475 of Commercial State BodiesReview of the NationalPensions Reserve Fund (NPRF)Value for Money Jul and 2007 Policy Review of the Construction Mr Maurice O Petrus Consulting 191,180 Required under the Value for Money Oct 2008 4,114

986 Questions— 21 January 2010. Written Answers € 7,178 cost of report 2009 Anglo Irish Bank for the EU Commission. activity and promote increasedprosperity employment while and providing themeet resources the necessary cost to ofoutlays public in services the and medium other and Government longer term. comprising three members appointedall by remuneration him plans to ofcovered oversee senior institutions. executives of the discontinuing expenditure programmes, torecommendations make for reducing publicas service to numbers ensure so amake return recommendations to on sustainable reallocationexpenditure public of resources finances, staffing between to or publicorganisations, service and to examinerecommendations and for make further rationalisationagencies. of State commissioned Name of report/Task force Who carried out the report Reason for report Completion date Cost/ Estimated Bank Nationwide Building Society Oversight Committee (CIROC) the Minister for Finance 2008, the Minister for Finance established the CIROC Service Numbers and ExpenditureProgrammes Numbers and Expenditure current expenditure programmes in each Government Programmes Department to review the scope for reducing or Legal Due Diligence of Anglo IrishLegal Due Diligence of Arthur EBS Cox SolicitorsLegal Due Diligence of IrishCovered Institutions Remuneration Arthur Cox Solicitors Independent Arthur Committee Cox established Solicitors by Pre-nationalisation due diligence Under the CreditReview Institutions of (Financial Bank Support) Submissions Scheme to the EU PWC FebruaryCommission 2009 on Taxation Report High 2009 level Legal issues Report on EBS Commission High on level Taxation Legal issues Report on INBSReport of 4 the Special Group on Jan Public 2009 Special Group on Public To Service consider how the tax system Dec can 2009 support economic Ongoing Review The the purpose restructuring of plans the prepared Special by Group Aug AIB, 135,000 was 2009 BOI to and examine the Ongoing 230,000 Jul 2009 725,000 737,848 42,323

987 Questions— 21 January 2010. Written Answers

Departmental Expenditure. 85. Deputy Emmet Stagg asked the Minister for Finance if there are arrangements in place to ensure that payments for work carried out on the new Department of Defence headquarters in Newbridge, County Kildare to the main contractor are passed onto subcontractors for work done and to further subcontractors in order to ensure that smaller firms are not put in a vulnerable financial position through non-payment for work carried out. [2636/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): There are no such arrangements in place under the conditions for Design & Build Contracts. However, if the Deputy is aware of an issue in this regard, he should furnish the relevant details and I will ensure that the situation is followed up by my office.

Tax Code. 86. Deputy Olivia Mitchell asked the Minister for Finance if a re-evaluation of the criteria for the granting of the artists’ tax exemption has been undertaken or is planned; and if he will make a statement on the matter. [2663/10]

Minister for Finance (Deputy Brian Lenihan): Section 195 of the Taxes Consolidation Act 1997 provides an exemption from tax for the profits or gains arising to a person from the publication, production or sale of an original and creative work which has artistic or cultural merit in any of the five categories set out in the legislation, namely, a book or other writing; a play; a musical composition; a painting or other like picture; or a sculpture. The legislation does not include a definition of the term ‘the arts’. Under the legislation, the Revenue Commissioners are required to make a determination as to whether or not a work has artistic or cultural merit before the exemption can be awarded. The Commissioners are specifically required by the legislation to make their determination having regard to the Guidelines. The Guidelines set out definitions of the terms original and creative, artistic merit and cultural merit. They also set out specific criteria to be taken into account in making determinations relating to works of non-fiction and provide for exclusions from what is to be regarded as original and creative in respect of certain works (e.g. textbooks, works of journalism and functional or utilitarian works). The Guidelines are available on the Revenue website at www.revenue.ie. The Guidelines in use currently were drawn up in 1994 by the Arts Council and the Minister for Arts, Sport and Tourism, with the consent of the then Minister for Finance. I understand that these guidelines are currently being reviewed by the bodies mentioned in conjunction with the Revenue Commissioners and that considerable progress has been made. I await the outcome of the current review.

Tax Yield. 87. Deputy Richard Bruton asked the Minister for Finance if the official statistics on income distribution published by his Department focus solely on tax cases as defined by the Revenue Commissioners instead of looking at the distribution across individual earners; if it is possible for the Revenue Commissioners to derive accurate estimates of the distribution of individual earners from the tax returns or at least make accurate estimates of the distribution; his views on routinely presenting data in this way in order that such data as the percentage of income tax paid by top earners could be judged according to the different measures; and if he will make a statement on the matter. [2719/10]

988 Questions— 21 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): Generally speaking the statistics on incomes published by my Department in relation to income tax are based on tax cases. This is clearly stated in publications and in replies to Parliamentary Questions. The vast majority of married income earners choose to be assessed jointly for income tax purposes. While it may be possible, with the assistance of significant development to the existing computer-based databases and costing model, to produce income statistics for income tax based on individual earners, this is problematic for various reasons, in particular given the facility for married couples to transfer credits and, in part, the standard rate band. In the interests of consistency, I am reluctant to alter the way income tax statistics are currently presented. Furthermore, I am not convinced that presenting income tax statistics in a manner different to the way income tax is actually assessed and collected provides significant additional value.

Tribunals of Inquiry. 88. Deputy John McGuinness asked the Minister for Finance the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2730/10]

Minister for Finance (Deputy Brian Lenihan): There were no tribunals of inquiry conducted by my Department.

Departmental Agencies. 89. Deputy John McGuinness asked the Minister for Finance the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2744/10]

Minister for Finance (Deputy Brian Lenihan): The information requested by the Deputy is outlined in the tables. Table A lists the State Bodies under the aegis of my Department in receipt of Exchequer funding and their Budget allocation for 2009. Table B lists other state bodies under the aegis of my Department not in receipt of Exchequer funding and as such information on budgets is not included. In the period in question no bodies or agencies under the aegis of my Department have been amalgamated and none is scheduled to be amalgamated in 2010. The Committee on Performance Awards has been stood down with effect from the 1 January 2009, while the National Assets Management Agency was set up on the 19th December 2009 under the umbrella of the National Treasury Management Agency.

Table A: Bodies in receipt of Exchequer Funding

Body Budget for 2009

€

Decentralisation Implementation Group 28,150

Disabled Drivers Medical Board of Appeal (DDMA) 371,500

Special EU Programmes Body (SEUPB) 3,762,000*

Valuation Tribunal 300,000

Review Body on Higher Remuneration in the Public Sector 55,000

989 Questions— 21 January 2010. Written Answers

[Deputy Brian Lenihan.] Body Budget for 2009 € Committee for Performance Awards 48,000

Civil Service Arbitration Board 70,000 Civil Service Disciplinary Code Appeal Board Independent Mediator for the Civil Service

Outside Appointments Board 20,000

National Treasury Management Agency 41,000,000 National Treasury Management Agency Advisory Committee National Pensions Reserve Fund National Pensions Reserve Fund Commission State Claims Agency State Claims Agency Policy Commission National Development Finance Agency National Asset Management Agency The NTMA acts as the State Claims Agency, and is the body through which the National Development Finance Agency (NDFA) and National Asset Management Agency perform their functions. The National Treasury Management Agency manages the National Pensions Reserve Fund and in this respect costs of approximately €23 million were incurred and charged directly to the Fund in 2009. *The total budget for the running costs of Special EU Programmes Body in 2009 is €3.762m of which the Depart- ment of Finance is responsible for funding €1.709m. This figure represents a higher than average funding figure as the costs associated with the relocation of the Special EU Programmes Body’s Belfast Office have been included.

Table B: Bodies not in receipt of Exchequer Funding

Name of Body

Interim Board of the Civil Service Childcare Initiative Disciplinary Appeals Board Central Bank and Financial Services Authority of Ireland Irish Financial Services Regulatory Authority(Financial Regulator) Irish Financial Services Appeals Tribunal Financial Services Ombudsman Council Financial Services Ombudsman Financial Services Consultative Consumer Panel Financial Services Consultative Industry Panel Investor Compensation Company Ltd. An Post National Lottery Company

As the Deputy may be aware, €4bn in capital was provided to Anglo Irish Bank from Exchequer funds in 2009 to protect the economy from the wider losses that would have occurred in the event of a failure of the bank. Costs incurred in the provision of capital to Anglo are recoupable under the terms of the Subscription Agreement concluded with the Bank. Also, costs incurred by the State in relation to Anglo under the Credit Institutions (Financial Support) 2008 and Anglo Irish bank Act 2009 are recoupable under the terms of each Act. 990 Questions— 21 January 2010. Written Answers

National Asset Management Agency. 90. Deputy Jimmy Deenihan asked the Minister for Finance the person who owns an asset when the National Asset Management Agency has taken over a non-performing loan; the person who has the right to dispose of an asset arising from a non-performing loan, and when; and if he will make a statement on the matter. [2779/10]

Minister for Finance (Deputy Brian Lenihan): NAMA will purchase eligible loans from participating institutions and will manage these loans with the intention of generating the best possible return for the taxpayer. NAMA will, in effect, step into the shoes of the participating institution that has transferred the loan to NAMA. Its interaction with each borrower, including the enforcement of security, will be governed by the relevant loan contract. In general, where a borrower is in default, NAMA will have the option of enforcing security which in many cases will involve the seizing of property. However, the details of the security and any restrictions applying to the borrower will differ depending on the content of each loan agreement.

91. Deputy Fergus O’Dowd asked the Minister for Finance the action that will be taken by the National Assets Management Agency regarding unfinished shopping centres, housing estates and apartments which remain unsold and unoccupied; and if he will make a statement on the matter. [2805/10]

Minister for Finance (Deputy Brian Lenihan): NAMA is being established to purchase certain portfolios of risky loan assets from the balance sheets of participating institutions. In the course of its operation it is expected that NAMA will take possession of various properties. Under the NAMA Act, NAMA will have access to working capital in order for it to complete developments or projects where it is commercially advantageous to do so. It will be a matter for the NAMA Board to manage and deal with acquired properties in a commercial fashion and on a case by case basis with the intention of generating the best achievable financial return for the State.

Tax Code. 92. Deputy Leo Varadkar asked the Minister for Finance his views on amending section 21 of the Finance Act 2009 to extend this tax exemption to start up partnerships. [2817/10]

Minister for Finance (Deputy Brian Lenihan): I understand that the Deputy is referring to the corporation tax exemption that was introduced for new start-up companies in Section 31 of Finance (No. 2) Act 2008. The provisions of that section provide for relief from corporation tax, for the first 3 years of operation, for companies incorporated on and from 14 October 2008 that commence to carry on a new trade in 2009. The relief is granted by reducing the corporation tax on the profits of the new trade and on the gains from disposal of assets used for the purpose of the new trade to nil. Full relief is available where the corporation tax otherwise payable by the company in respect of any of its first 3 years is €40,000 or less. There is marginal relief where the corporation tax liability is between €40,000 and €60,000. Where the corporation tax liability is €60,000 or over in any of the first three years, no relief is available for that year. The extension of the scheme to companies that commence trading in 2010 was announced in Budget 2010. The Deputy will be aware of the recommendations of the Commission on Taxation in relation to this exemption. The Commission proposed that the exemption be extended to non corporates but that it should terminate in 2011. The scheme while still only available to corporates continues to be available for three years. Therefore, new start-ups that commence trading in 2010 can continue to avail of the exemption up to and including 2012.

991 Questions— 21 January 2010. Written Answers

[Deputy Brian Lenihan.]

The tax exemption does not apply to partnerships, sole traders or to other non-corporates. It is important that tax reliefs are targeted to the areas which have the potential to provide the best return. The incentive aims to encourage new entrepreneurial activities in the productive sectors of our economy and provide opportunities for increased employment in those sectors. To make it available on a broader basis would in all likelihood make it more costly without delivering a return commensurate with the increased cost.

EU Directives. 93. Deputy Leo Varadkar asked the Minister for Finance if his attention has been brought to an EU directive which allows public tenders to be exempt from the normal process when the majority of employees have disabilities; when this directive will be transposed into law here; and if he will make a statement on the matter. [2818/10]

Minister for Finance (Deputy Brian Lenihan): The current public procurement Directives, 2004/18/EC covering procurement by public sector bodies and 2004/17/EC covering procurement by entities in certain public utility sectors, allow EU Member States to reserve the right to participate in the award of public contracts to sheltered workshops or to participants in sheltered employment programmes. These Directives have been transposed into Irish law under Statutory Instrument 329 of 2006 covering public sector procurement and Statutory Instrument 50 of 2007 covering utility sector procurement. Regulations 16 and 30, respectively, of these Instruments enable contracting bodies to reserve participation in public contract award procedures to those in sheltered employment.

Tax Code. 94. Deputy Leo Varadkar asked the Minister for Finance the revenue that would be accrued by abolishing the flat rate expenses system for income tax purposes; and if he will make a statement on the matter. [2825/10]

Minister for Finance (Deputy Brian Lenihan): The position is that tax law provides that employees and office holders may claim a tax deduction in respect of: (a) the cost of travelling expenses necessarily incurred in theperformance of the duties of their employment or office; and (b) the cost of other expenses incurred wholly, exclusively and necessarily in the performance of the duties of their employment or office. As regards an expenses claim under (b) above, I understand from the Revenue Commis- sioners that, in strictness, each employee or office holder should submit his or her individual expenses claim to Revenue. However, by way of long standing practice stretching back over 40 years, the expenses deduction due for certain categories of employee are, for administrative ease, agreed between Revenue and the relevant representative bodies. These agreed rates of expenses are granted to individuals in their determination of tax credits for PAYE purposes and have become known as “flat rate expenses”. Therefore, some employees obtain their statutory tax deduction in respect of expenses via the administrative “flat rate expenses” regime whilst others obtain their tax deduction on foot of an individual claim submitted to the Revenue Commissioners. I am informed by the Revenue Commissioners that the cost to the Exchequer of the tax deduction in respect of expenses (other than expenses of travel and subsistence) incurred by employees for the income tax year 2006, the most recent year for which final information is available, is estimated at about €70 million. It is not clear what savings, if any, would result in the abolition of the “flat rate

992 Questions— 21 January 2010. Written Answers expenses” regime as it would still be open to employees to claim their expenses in the normal way in accordance with the relevant tax legislation.

Departmental Expenditure. 95. Deputy Joanna Tuffy asked the Minister for Finance the amount of money raised through the national lottery that he will allocate to the Department of Arts, Sport and Tourism in 2010; if the money will be used for community and sports projects; and if he will make a statement on the matter. [2837/10]

Minister for Finance (Deputy Brian Lenihan): Appendix 1 of the Revised Estimates for Public Services each year gives a breakdown by Department of all the expenditure areas that are supported by the proceeds of the National Lottery. It is estimated that a total of €272m will be available in 2010 from the proceeds of the National Lottery and the breakdown of the allocations between Departments will be published shortly as part of the Revised Estimates for Public Services 2010. Since 2005, the expenditure allocations for the relevant subheads exceed the amount available from the National Lottery surplus. Therefore, these subheads are now described as being “part-funded by the National Lottery”, and the balance of the expenditure allocation for the subheads comes from normal Exchequer sources.

Tax Code. 96. Deputy Richard Bruton asked the Minister for Finance the workers in the community and voluntary sector, that receive block grants from the State, that will be subject tot he public service wage reduction; and if persons who were exempt from the public service pension levy will also be exempt from this pay cut. [2841/10]

Minister for Finance (Deputy Brian Lenihan): I refer the Deputy to my reply to Parliamen- tary Questions Nos. 48643/09 and 2047/10 which were taken together and answered on Tuesday 19 January 2010. The pay reductions provided for in the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 apply to staff of bodies that receive grants from the State only where the body concerned is a public service body as defined in the Act. The Act includes among the definition of a public service body- “a body (other than a body specified or referred to in the Schedule) 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 and in respect of which a public service pension scheme exists or applies or may be made”.

97. Deputy Róisín Shortall asked the Minister for Finance the circumstances under which a person who is not a public servant but whose employment is entirely funded by public funds may be subject to the pension levy; the rationale for this; and if he will make a statement on the matter. [2859/10]

Minister for Finance (Deputy Brian Lenihan): In summary, the pension-related deduction introduced by section 2 of the Financial Emergency Measures in the Public Interest Act 2009 applies to (i) public servants who are (ii) employed by or hold an office or position in a public service body and who (iii) are members of a public service pension scheme or are entitled to a benefit under such a scheme or receive a payment in lieu of membership in such a scheme. Public Service bodies include the Civil Service, the Gardaí, the Permanent Defence Forces, local authorities, the Health Service Executive and vocational education committees. In addition any statutory body or company or body corporate (or subsidiary) established and financed wholly or partly by a Minister (whether by share issue or guaranteed loan or money provided) in respect of which a public service pension scheme exists or applies or may be made

993 Questions— 21 January 2010. Written Answers

[Deputy Brian Lenihan.] is a public service body for the purposes of the Act. Any body funded by the Oireachtas or by the Central Fund and in respect of which a public service pension scheme exists or applies or may be made also is defined as a public service body. As the Deputy is aware, the Act was introduced in the context of the widely accepted need to give priority to the stabilisation of the public finances and to reflect the substantial benefits generally available to staff under public service pension terms.

Departmental Expenditure. 98. Deputy Joanna Tuffy asked the Minister for Finance the amount that was spent by him on flood relief works in 2004, 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [2865/10]

105. Deputy Joanna Tuffy asked the Minister for Finance the amount allocated in the budget of the years 2004, 2005, 2006, 2007, 2008 and 2009 for flood relief; and if he will make a statement on the matter. [2952/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I propose to takes Questions Nos. 98 and 105 together. The tables set out the allocation for flood relief activities, for Capital Works, Drainage Main- tenance and Hydrometric headings, for the Office of Public Works and the subsequent expenditure under these heading in the years from 2004 to 2009.

Capital Works Expenditure

Year 2004 2005 2006 2007 2008 2009

Allocation €20.55M €20.00M €20.00M €32.00M €30.00M €43.00M Expenditure €15.40M €16.20M €14.40M €23.10M €24.90M €36.50M

Major flood relief schemes involve complex engineering and construction operations and invariably have lengthy lead-in times. Underspending on river based engineering works can arise for a variety of factors including:

• weather related problems,

• unexpected archaeological finds,

• the discovery of contamination,

• and other environmental/ecological and local issues.

Maintenance and Hydrometric Expenditure

Year 2004 2005 2006 2007 2008 2009

Allocation €16.38M €16.83M €19.58M €20.22M €21.44M €20.11M Expenditure €16.60M €16.75M €18.00M €20.73M €21.20M €19.11M

Since 1996 OPW has invested approximately €200M on Capital Flood Relief Projects, with over €130M invested in the 2004-2009 period in question. OPW has currently profiled expenditure in excess of €200 million on about fifteen major capital schemes from now to 2014. The Govern- ment has allocated €50M for this area in 2010 and construction works on about twelve major 994 Questions— 21 January 2010. Written Answers projects will continue throughout this year as well as taking other projects through the various stages of development. A significant amount of the allocation will be spent on the Minor Flood and Coastal Protection Works Programme where OPW will provide funding to local authorities to undertake such localised flood relief work themselves. An initial amount of €6m has been allocated for this in 2010. This may be reviewed when all applications have been received from local authorities. OPW has also spent approximately €112M in the period in question under the Drainage Maintenance and Hydrometric Programmes. An allocation of €18.326M has been provided for these Programmes in 2010 bringing the total allocation for OPW Flood Relief Activities to €68.326M. Overall, OPW is satisfied that the allocation for 2010 will be fully expended.

99. Deputy Joanna Tuffy asked the Minister for Finance the amounts returned unspent to his Department in respect of moneys allocated to local authorities for flood relief works in respect of the years 2004, 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [2870/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Funding is provided by the Office of Public Works on an ongoing basis to local authorities to undertake agreed flood relief works, of a major nature, under the local authorities’ own powers. Since 2009, OPW has also introduced a Minor Flood and Coastal Protection Works Programme where funding is provided to the local authorities for localised flood relief works. No monies from the funding provided under any of these headings has been returned unspent to OPW.

100. Deputy Joanna Tuffy asked the Minister for Finance the additional funds given to the Office of Public Works or any other agencies to address the aftermath of the flooding of November 2009; and if he will make a statement on the matter. [2872/10]

Minister of State at the Department of Finance (Deputy Martin Mansergh): In the aftermath of the severe flooding of November 2009, the Government undertook a number of initiatives to address the situation. The most pressing issue at the time was to provide assistance to those immediately affected and also to assist the Local Authorities in the post-flood clean-up. An initial sum of €10m was provided for a Humanitarian Aid Scheme, which is administered by the Department of Social and Family Affairs, to alleviate the hardship caused. The Government also indicated that further funding would be made available, if required. A further €2m was allocated for a targeted Fodder Aid Scheme to be administered by the Department of Agriculture, Fisheries and Food to assist farmers who were experiencing a fodder shortage, which might have led to financial hardship and potential animal welfare issues on affected farms. Funding of €14m was provided by the Department of the Environment, Heritage and Local Government for the post-flood clean-up by Local Authorities. In addition to these immediate initiatives, the Government has allocated €50m for flood risk management activities for 2010, which is administered by the Office of Public Works. This increased allocation will allow OPW to extend the number of Capital Works schemes already underway throughout the country. Within the overall allocation, I have also announced an increase for Minor Flood and Coastal Protection Works to be undertaken by Local Authorities in 2010. This Programme, which I initiated in 2009, has been increased initially to €6m, and is to cater for works or studies which can be completed in 2010. OPW is currently seeking applications from Local Authorities, and, when the applications are received and evaluated, the allocation may be reviewed.

995 Questions— 21 January 2010. Written Answers

Departmental Staff. 101. Deputy Joanna Tuffy asked the Minister for Finance the number of staff employed in each Government Department at the end of 2007, 2008 and 2009 in tabular form; and if he will make a statement on the matter. [2873/10]

Minister for Finance (Deputy Brian Lenihan): The number of staff employed in each Govern- ment Department at the end of 2007, 2008 and 2009 is set out in tabular form.

Non Industrial Civil Servants 2007 2008 2009

Department 36,619.65 37,421.35 35,682.83

Agriculture, Fisheries & Food 4,294.08 4,203.94 3,845.18 Arts, Sport & Tourism 171.30 174.43 150.53 Attorney General 128.68 127.89 124.39 Central Statistics Office 825.08 846.97 792.51 Chief State Solicitor 236.63 244.93 229.63 Commission For Public Service Appointments 9.00 12.00 8.80 Communications Energy & Nat. Resources 320.46 288.41 273.32 Community, Rural & Gaeltacht Affairs 273.82 272.56 255.66 Comptroller & Auditor General 139.90 153.90 150.50 Courts Service 1,112.76 1,098.01 1,026.13 Defence 398.64 402.04 373.16 Director Of Public Prosecutions 191.60 196.80 194.92 Education & Science Group 1,600.88 1,660.58 1,574.04 Enterprise Trade & Employment Group 1,046.48 1,103.24 1,011.51 Environment Heritage & Local Government 1,275.92 1,204.42 1,084.23 Finance 658.13 630.57 565.60 Foreign Affairs Group 1,558.70 1,543.95 1,566.55 Health Group 603.56 514.10 485.07 Justice Group 4,689.54 5,288.56 5,017.05 National Gallery 54.50 59.00 55.50 Office Of Public Works 700.58 721.83 669.56 Oireachtas 464.70 440.71 416.12 Ombudsman 85.49 93.73 88.23 Presidents Establishment 22.23 21.30 21.30 Prisons 3,501.15 3,641.17 3,576.87 Public Appointments Service 150.83 146.36 111.66 Revenue Commissioners 6,660.77 6,658.66 6,118.30 Social & Family Affairs 4,486.89 4,610.44 4,907.57 State Laboratory 89.20 91.05 91.40 Taoiseach 243.08 232.86 210.30 Transport 468.04 578.71 534.21 Valuation Office 157.03 158.23 153.03

The numbers correspond to full-time equivalent staff serving in General Service, Professional and Technical grades in the civil service for the period specified.

996 Questions— 21 January 2010. Written Answers

102. Deputy Joanna Tuffy asked the Minister for Finance the number of staff in each Depart- ment who have applied for and the number who have been approved for the incentivised scheme of early retirement; and if he will make a statement on the matter. [2874/10]

103. Deputy Joanna Tuffy asked the Minister for Finance the number of staff employed in agencies that derive from Government Departments, who have applied for and the number who have been approved for the incentivised scheme of early retirement; and if he will make a statement on the matter. [2875/10]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 102 and 103 together. The information requested by the Deputy is set out in tabular form and is based on information reported to my Department to date. In summary, the information reported to my Department to date indicates that some 1,106 Civil Servants have applied for the Incentivised Scheme for Early Retirement (ISER) and that 985 Civil Servants have had their applications approved to date. These Civil Service numbers are based on returns from all Departments and Offices. In the wider public service, some 1,147 Public Servants have applied for the ISER and some 649 Public Servants have had their applications approved to date. The processing of applications under the ISER was suspended in the Health Sector as a result of a direction by IMPACT and some other health unions to their members not to cooperate with redeployment.

Department — Ministerial Vote Groups Civil Servants Public Servants

Applicants Approved Applicants Approved

Agriculture, Fisheries & Food 125 108 23 20 Arts, Sports & Tourism 4455 Communications, Energy & Natural Resources 9 7 Community, Rural & Gaeltacht Affairs 12 12 7 7 Defence 15 15 1 1 Education & Science 41 31 69 45 Enterprise, Trade & Employment 43 43 82 79 Environment, Heritage & Local Government 53 45 **307 **277 Finance Group *427 *424 Foreign Affairs 17 16 Health & Children 26 26 649 211 Justice, Equality & Law Reform 144 122 Social & Family Affairs 127 75 Taoiseach 27 24 Transport 36 33 4 4

TOTAL 1,106 985 1,147 649 *Of which 347 are from the Revenue Commissioners. **Includes Local Authorities from which there were 300 applicants and 272 applications approved.

104. Deputy Joanna Tuffy asked the Minister for Finance the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [2876/10] 997 Questions— 21 January 2010. Written Answers

Minister for Finance (Deputy Brian Lenihan): The information requested is set out in tabular form.

Agency 2007 2008 2009

Public Service Appointments 147.35 144.86 129.16 Commission for Public Service Appointments 9.00 12.00 9.00 State Laboratory 91.20 92.85 91.75 Valuation Office (including Valuation Tribunal) 163.00 163.00 154.00 Revenue Commissioners 6,581.45 6,547.77 6,105.05 Office of Public Works* 1,975.10 2,002.83 1,907.03 (of which 128 (of which 92 (of which 108 apprentices/ apprentices/ apprentices/ seasonal/etc) seasonal/etc) seasonal/etc) NTMA 148.00 168.00 169.00 Financial Services Ombudsman 29.00 28.00 27.00 *Shown separately in the figures for the Office of Public Works are figures for apprentices, seasonal/casual and on- call personnel. It should be noted that the seasonal numbers employed rise substantially during the summer season when temporary staff are engaged, for example, as guides/information officers at heritage sites, which are only open for part of the year.

Question No. 105 answered with Question No. 98.

Departmental Reports. 106. Deputy John O’Mahony asked the Minister for Health and Children the number of reports and task forces set up and commissioned in her Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if she will make a statement on the matter. [2629/10]

Minister for Health and Children (Deputy Mary Harney): Between January 2007 and April 2009, a total of 28 reports were commissioned by my Department, of which 25 have been completed. The information requested by the Deputy concerning costs and the reason for these reports is set out as follows. Information in respect of the period May to December 2009 is currently being collated by my Department and will be forwarded to the Deputy as soon as it becomes available.

Reports commissioned in 2007

Name of Report Cost €

Dáil na nÓg Delegate Report 2007 10,576 Doherty Report on Breast Radiology Services at Midland Regional Hospital, Nil Portlaoise Fitzgerald Report on Breast Radiology Services at Midland Regional Hospital, Nil Portlaoise Independent Inquiry into the tragic deaths of the Dunne Family in Monageer, Co. 212,454 Wexford National Children’s Advisory Council (NCAC) — Report on Youth Café Provision 63,023 National Oral Health Policy Costs ascertained when report completed Quality Assessment of the Value for Money Review of the Equal Opportunities 2,995 Childcare Programme 2000-2006 Report of the Commission on Patient Safety and Quality Assurance 299,334

998 Questions— 21 January 2010. Written Answers

Name of Report Cost € Research commissioned on : The Physical Chastisement of Children by Parents 126,723 Review of the Operation of the Mental Health Act 2001 — Findings and Nil Conclusions Round Table discussion on the financial abuse of older people 3,000 Teenagers’ Views on Solutions to Alcohol Misuse 55,257 Vaccine Damage Steering Group 11,048

Reports commissioned in 2008

Name of Report Cost

€

National Children’s Advisory Council (NCAC) — End of Term Report 2005-2008 Nil Report of the Independent Pharmacy Pricing Body 41,497 Strategic Plan for the St. Ultan’s Children’s Project 14,702 Study of certain Accounting Issues within the Health Service Executive 54,450 A Directory of Health Research Undertaken on Children (0-17 years) 60,148 National Men’s Health Policy 2008-2013 20,604 Evaluation Report on a programme of inclusion for marginalised young people, 15,727 established by the Office of the Minister for Children and Youth Affairs. Phase III of a Qualitative Longitudinal Study of Homeless Youth in Dublin 22,000 Report of the Commission established to provide an independent assessment of 397,540 how a 35 hour week can be achieved for nurses Research on young carers in the Irish population 108,476 Review of Protecting our Future: Working Group on Elder Abuse 2002 66,460 Review of circumstances surrounding the elapse of time in bringing to completion 21,015 the Western Health Board inquiry into allegations of abuse in the Brothers of Charity Services, Galway. Third Annual Report of the Independent Monitoring Group on ‘A Vision for 16,154 Change’—the Report of the Expert Group on Mental Health Policy

Reports commissioned up to April 2009

Name of Report Cost (€)

Value for Money and Policy Review of Disability €16,939 to date (report is not yet completed). Services Expert Group on Resource Allocation in the Health The work of the Expert Group is not yet completed Sector and therefore the cost is not yet available.

Hospital Procedures. 107. Deputy Edward O’Keeffe asked the Minister for Health and Children if an appointment will be arranged in respect of a person (details supplied) in County Cork. [2656/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

999 Questions— 21 January 2010. Written Answers

Health Repayment Scheme. 108. Deputy Seán Sherlock asked the Minister for Health and Children the projected cost to the Health Service Executive of payments (details supplied) to be made in 2010; and if she will make a statement on the matter. [2667/10]

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. Based on the latest estimates received from the Scheme Administrator it is estimated that of the 35,330 applications for the scheme, 19,850 claims will result in repayments costing €438m. Tak- ing account of overheads, the total estimated spend on the scheme will be in the region of €465m. Given that €448m, has already been provided to the scheme up to the 31st December 2009, the HSE estimate that additional funding in the sum of €17m will be required in 2010.

Departmental Expenditure. 109. Deputy Tom Hayes asked the Minister for Health and Children the names of community organisations based in south Tipperary receiving funding from her Department for community programmes and the funding received by those organisations in 2009. [2673/10]

Minister for Health and Children (Deputy Mary Harney): The funding made available by my Department in 2009 to community organisations in Co Tipperary, from the National Lottery Fund, is detailed in the table.

National Lottery Funding 2009 — Tipperary Organisations

€

Newport Social Services Day Care Centre Day Care Centre, Newport, Co Tipperary, 55,000 St Vincents Day Care Centre St Vincents Health Centre, Station Road, 10,000 Tipperary Town, Co Tipperary TLC4CF (Tipperary, Limerick, Clare for Pottersfield House, Shanaclogh, Adare, Co. 150,000 Cystic Fibrosis) Limerick

Hospital Staff. 110. Deputy Joe McHugh asked the Minister for Health and Children if she will intervene to ensure that the consultant haematology position advertised at Letterkenny General Hospital, County Donegal, is filled immediately; her views on the risks posed to patients due to this ongoing vacancy; and if she will make a statement on the matter. [2677/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services. 111. Deputy Seán Sherlock asked the Minister for Health and Children the amount of fees paid by the Health Service Executive to administrators of a scheme (details supplied); and if she will make a statement on the matter. [2694/10]

112. Deputy Seán Sherlock asked the Minister for Health and Children the relationship between the Health Service Executive and a group (details supplied); and if she will make a statement on the matter. [2698/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Deputy’s question is more appropriate to my colleague the Minister for Education and Science.

113. Deputy Seán Sherlock asked the Minister for Health and Children the position regarding the relationship between the Health Service Executive and a third party group (details supplied); and if she will make a statement on the matter. [2702/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards. 114. Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding a medical card application for a person (details supplied) in County Limerick over the age of 70 years. [2705/10]

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.

Site Acquisitions. 115. Deputy Tom Hayes asked the Minister for Health and Children if the Health Service Executive have approved land for sale in respect of the site of a school (details supplied) in County Tipperary; if so, when the next step in the process will take place for the Health Service Executive to transfer this land ready for sale; and if she will make a statement on the matter. [2710/10]

Minister for Health and Children (Deputy Mary Harney): Estate management of the Health Service Executive property portfolio is a service matter and the question has therefore been referred to the Executive for an update and for direct reply.

National Identity Cards. 116. Deputy Tom Sheahan asked the Minister for Health and Children the cost to her Department to issue a national identity card to members of an organisation (details supplied) who suffer from acquired brain injuries; and if she will make a statement on the matter. [2713/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): The issue raised by the Deputy was the subject of Parliamentary Questions last year. As indicated at the time, I have no funds at my disposal to provide for Brí’s proposal. However, I have asked the Health Service Executive to give further consideration to the matter in the context of current priorities and financial constraints and to provide a direct reply to the Deputy.

Medical Cards. 117. Deputy John McGuinness asked the Minister for Health and Children if she will expedite an appeal in the case of a person (details supplied) in County Kilkenny regarding their medical card application. [2715/10]

1001 Questions— 21 January 2010. 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. 118. Deputy Richard Bruton asked the Minister for Health and Children if there are obstacles to the implementation of the early retirement scheme in the Health Service Executive such as at a location (details supplied); and if she will make a statement on the matter. [2721/10]

Minister for Health and Children (Deputy Mary Harney): In his Supplementary Budget Statement of 7 April 2009, the Minister for Finance announced that he would make available three schemes to reduce the number of public sector employees in the wider public sector , one of which was the Incentivised Scheme for Early Retirement. My Department issued a circular (8/2009) on 15 May 2009 to give effect to this measure in HSE and other public health sector employment, including this employment. The closing date for receipt of applications for this scheme was 23rd October, 2009. The scheme did not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector, in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities. Members of all other grades who meet the eligibility criteria had access to this scheme provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of this scheme while still protecting services. Because staff who avail of the scheme will not be replaced (save in very exceptional cases), employers were required to pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard was essential. My Department was informed that the health service trade unions issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. The unions have stated their opposition to the moratorium on recruitment and promotions as set out in 2009 Employment Control Framework for the Public Health Sector, referred to above. This instruction from the unions which remains in place, severely restricts the ability of management to organise/restructure work practice and contra- venes the qualification criteria for the scheme. As a result, the HSE suspended all three schemes in June but continued to accept applications, up to the closing date of 23 October 2009. The HSE recently requested my Department’s approval to lift the suspension as it applied to the ISER, and to allow it to proceed to process to finalisation applications received prior to the closing date. This request is currently being considered by my Department in consultation with the Department of Finance.

Tribunals of Inquiry. 119. Deputy John McGuinness asked the Minister for Health and Children the number of tribunals of inquiry conducted by her Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2732/10]

Minister for Health and Children (Deputy Mary Harney): There are no Tribunals of Inquiry currently being conducted by my Department.

1002 Questions— 21 January 2010. Written Answers

Departmental Agencies. 120. Deputy John McGuinness asked the Minister for Health and Children the number of bodies and agencies operated under the remit of her Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if she will make a statement on the matter. [2746/10]

Minister for Health and Children (Deputy Mary Harney): The information requested by the Deputy in respect of the number of bodies and agencies operated under the remit of my Department, the cost of each on a yearly basis, and the name and number that have been abolished in the past four years is being compiled by my Department and will be forwarded to the deputy when available. With regard to the number of agencies that have been amalgamated, the position is that the Government’s programme of rationalisation of agencies in the health sector has been actively progressed by my Department and considerable progress has been made in implementing the programme to date. The primary aim of this ambitious programme is to streamline service delivery, professional registration and policy making in a number of areas in the health sector, through the integration and /or amalgamation of functions. The progress to date is as follows. The Post Graduate Medical & Dental Board was successfully rationalised into the HSE on 1st January, 2009. The National Council on Aging & Older People and the Women’s Health Council were successfully subsumed into the Department of Health and Children in 2009. The Crisis Pregnancy Agency was subsumed into HSE in January 2010 and the Drug Treatment Centre Board is due to follow early in 2010. Legislation is required to facilitate the rationalization of the Pre Hospital Emergency Care Council, the National Social Work Qualifications Board and the Opticians Board into the Health & Social Care Professionals Council. It is envisaged that the legislation will be finalised during 2010. The Government approved the inclusion of provisions in the Child Care (Amendment) Bill 2009 to disestablish the Children Acts Advisory Board (CAAB) and to subsume some of its functions into the Office of the Minister for Children and Youth Affairs on an administrative basis. The Bill was published on 16th September 2009 and it is expected that the Bill will be brought forward in 2010. It is intended that the CAAB staff will move to the Department on an administrative basis until such time as the Bill is enacted. Legislation is already in place to facilitate the rationalisation of the National Cancer Screen- ing Service into the HSE in mid 2010 and arrangements are underway in this regard. The dissolution of the National Cancer Registry and the transfer of its staff to the HSE will be dealt with under the Health Information Bill. Legislation is required to merge the National Council for the Professional Development of Nursing and Midwifery and assign its responsibilities to An Bord Altranais and the Health Service Executive. The new Nurses and Midwives Bill has been drafted and Government approval will be sought regarding the text of the Bill and seeking permission to publish the Bill in the near future.

Nursing Home Support. 121. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an application in respect of a person (details supplied) in County Cork under the fair deal nursing home support scheme. [2751/10]

1003 Questions— 21 January 2010. 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

Health Services. 122. Deputy Kathleen Lynch asked the Minister for Health and Children the waiting time for assessment of attention deficit hyperactivity disorder in the Cork area; and if she will make a statement on the matter. [2752/10]

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.

Pharmacy Regulations. 123. Deputy Maureen O’Sullivan asked the Minister for Health and Children if she will restrict public availability of chemicals such as mephedrone; if the Misuse of Drugs Acts and the scheduling of poison under the Pharmacy Acts be used to cover chemicals such as mephedrone; if she is in a position to restrict access to headshops by young teenagers who freely avail of these products. [2755/10]

137. Deputy Denis Naughten asked the Minister for Health and Children the discussions (details supplied) that she has had to date regarding the proliferation of head shops here; the steps which she is taking to address potential health risks and dangers involved in the consumption of the products on sale in such outlets; and if she will make a statement on the matter. [2785/10]

149. Deputy Joanna Tuffy asked the Minister for Health and Children her plans to regulate the establishment of head shops that sell herbal products and chemical based party and energy pills; the measures she will take to control the sale of these products to minors; and if she will make a statement on the matter. [2834/10]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 123, 137 and 149 together. The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland’s obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland. Items available for sale in so-called ‘head shops’, including those containing the chemical Mephedrone, and which are often referred to as ‘legal highs’, are substances which are not currently controlled under the Misuse of Drugs legislation. The list of scheduled substances is kept under ongoing review. For example, in 2006 psychotropic (‘magic’) mushrooms, which were on sale in such outlets, were banned and their possession and sale is now illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions. Minister John Curran, Minister of State at the Department of Community, Rural and Gaeltacht Affairs, who has responsibility for co-ordinating the National Drugs Strategy, has identified head shops as an area of concern, and is currently considering the options available to more effectively control the activities of head shops. Under the National Advisory Committee on Drugs, a Research Advisory Group has been established to identify possible options for the regulation of headshops. The Department of Health and Children is actively participating in this process. In the UK, legislation was intro-

1004 Questions— 21 January 2010. Written Answers duced immediately before Christmas to control a number of substances and groups of substances that have been on sale in headshops. The Department is currently reviewing this legislation to ascertain how similar controls could be introduced in Ireland. The Misuse of Drugs legislation is the most appropriate regulatory framework for regulating substances such as Mephedrone that have the potential to be abused.

Health Services. 124. Deputy Emmet Stagg asked the Minister for Health and Children the number of persons in receipt of home care packages in County Kildare in January 2010; and the number of persons on the waiting list for the home care package. [2764/10]

125. Deputy Emmet Stagg asked the Minister for Health and Children the amount of funding allocated for the home care package scheme in County Kildare in 2007, 2008, 2009 and 2010. [2765/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to take Questions Nos. 124 and 125 together. As this is a service matter it has been referred to the Health Service Executive for direct reply.

126. Deputy Emmet Stagg asked the Minister for Health and Children the number of persons in County Kildare waiting admission to a long term care beds in public nursing homes in County Kildare and their current circumstances. [2766/10]

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.

127. Deputy Emmet Stagg asked the Minister for Health and Children the number of children awaiting assessment for orthodontic treatment in County Kildare; and the number of children awaiting orthodontic treatment in County Kildare who have already been assessed. [2767/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

128. Deputy Emmet Stagg asked the Minister for Health and Children the waiting time for assessment in respect of speech and language therapy in County Kildare; the number awaiting assessment. [2768/10]

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.

129. Deputy Emmet Stagg asked the Minister for Health and Children the waiting time for speech and language therapy in County Kildare following assessment; and the number awaiting therapy. [2769/10]

130. Deputy Emmet Stagg asked the Minister for Health and Children the amount of funding allocated to the home help service in County Kildare in 2007, 2008, 2009 and 2010. [2770/10]

1005 Questions— 21 January 2010. Written Answers

131. Deputy Emmet Stagg asked the Minister for Health and Children the number of persons availing of the home help service in County Kildare in 2007, 2008, 2009 and to date in 2010. [2771/10]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I propose to take Questions Nos. 130 and 131 together. As this is a service matter it has been referred to the Health Service Executive for direct reply.

132. Deputy Emmet Stagg asked the Minister for Health and Children the progress made in securing a new health centre for the town of Kilcock, County Kildare. [2774/10]

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.

133. Deputy Emmet Stagg asked the Minister for Health and Children the waiting time for eye tests for children in Maynooth and Naas Health Centres in County Kildare. [2775/10]

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.

Medical Cards. 134. Deputy Michael Ring asked the Minister for Health and Children when medical cards will be restored to persons (details supplied) in County Mayo. [2782/10]

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.

Foreign Adoptions. 135. Deputy Denis Naughten asked the Minister for Health and Children the position regarding the negotiations on a bilateral adoption agreement with Ethiopia; the consultation to date with the Australian authorities on the issue; the implications of her decision on adoptions from Vietnam; and if she will make a statement on the matter. [2783/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. 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 intercountry adoption arrangements will be governed by the terms of the Adoption 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. For non-Hague countries only those adoptions effected prior to the commencement of the new law can be registered on the Register of Inter-Country Adoptions to be established under the Bill. 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.

1006 Questions— 21 January 2010. Written Answers

Ireland does not have a bilateral agreement with Ethiopia in respect of adoption. Consider- ation of this matter is at an early stage. My Office has had no contact to date with the Australian authorities in relation to the recently announced decision by the Australian Government to suspend adoptions from Ethiopia. I issued a detailed statement following the Government decision of the 13th January to suspend bilateral intercountry adoption negotiations with Vietnam. The statement is available at www.omc.gov.ie.

136. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 105 of 17 December 2009, the interim measures she will put in place in respect of foreign adoption applicants who have submitted applications in advance of the enactment of the Adoption Bill; and if she will make a statement on the matter. [2784/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As outlined in my reply to the Deputy on 17th December, 2009, the position regarding 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.

Question No. 137 answered with Question No. 123.

Hospitals Building Programme. 138. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of outpatient appointments that were cancelled or postponed due to the closure of the outpatients department at Our Lady’s Hospital, Crumlin, Dublin 12 for the week 26 to 31 October 2009; the number of outpatients staff not on duty that week due to the closure; the savings involved; the way same was calculated. [2798/10]

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.

139. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the future role of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12 if the National Paediatric Hospital is built on the Mater Hospital site. [2799/10]

141. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she has reconsidered the decision not to select Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12 as a site for ambulatory service subsequent to the opening of a future National Paediatric Hospital on the Mater site, Dublin 7; the way the selected hospitals for such a service were selected; and the reason Crumlin was not selected. [2801/10]

142. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason for continuing to build new facilities at Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12 when a new National Paediatric Hospital is being built. [2802/10]

144. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she or her officials have had discussions with the owners of the site of Our Lady’s Hospital for Sick Children, Crumlin, Dublin 12 regarding future plans after the National Paediatric Hospital is built on the Mater Hospital site in Dublin 7. [2804/10]

1007 Questions— 21 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 139, 141, 142 and 144 together. The way to provide the best possible paediatric tertiary care most effectively involves the creation of one single national paediatric hospital, alongside a major teaching hospital, bringing together all the medical and nursing expertise for complex conditions. The concept of bringing together all three present services is widely accepted. The development of the National Paediatric Hospital is a priority project for the Govern- ment. Rawlinson Kelly & Whittlestone Ltd (RKW), an established UK-based health care planning company, were commissioned to prepare a high level framework brief for the new paediatric hospital. The Brief was to include advice on the preferred model of care, on the core services to be delivered at the new hospital, and on the additional range of services to be provided outside of the main hospital. It was also to include an assessment of the range of services to be provided through the urgent/ambulatory care service, and on the preferred location(s) for this service. The Brief considered a number of potential locations using the following criteria: access and travel times, critical mass, staffing implications and available infrastructure. Among RKW’s findings, which were announced by the HSE on 31st October, 2007, was that a network of Ambulatory and Urgent Care Centres should be established and operated by the new hospital. The first of these should be developed at Tallaght. The services to be provided will include urgent care consultations, outpatient appointments and day surgery. The project is proceeding as planned and is being overseen by the National Paediatric Hospital Development Board which was established in May, 2007. The HSE is working closely with the Board in progressing the project, which is scheduled for completion and commissioning in 2014. Services at Our Lady’s Children’s Hospital, Crumlin, National Children’s Hospital Tallaght and the Children’s University Hospital Temple Street will transfer to the new National Paedi- atric Hospital. Pending completion of the project, and to ensure the best possible services for children, the HSE will continue to finance the provision and development of services at each of the transferring hospitals. The real challenge in paediatrics is to maximise the efficient use of all our healthcare capacity both in Dublin and across the country. Crumlin, Temple Street and Tallaght paediatric services need to be increasingly working in a coordinated, shared and efficient fashion to prepare for the eventual coming together of the three institutions into one national paediatric hospital. I have been in contact with the CEO of the HSE and the CEO’s of the three hospitals involved and have asked them to have governance arrangements put in place ahead of the opening of the new National Paediatric Hospital for the unified management of the services for children, provided by these hospitals, which will form the basis of the new hospital. In this context the HSE is actively pursuing ways in which services across the three hospitals can best be coordinated, to avoid unnecessary duplication and to achieve savings that can be put back into patient care. A Paediatric Hospitals Operations Group has now been established for ongoing network management and enhanced integration of the three paediatric hospitals in advance of the transfer to the new paediatric hospital.

140. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the construction cost of the proposed National Paediatric Hospital on the site of Dublin’s Mater Hospital, Dublin 7. [2800/10]

1008 Questions— 21 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): The management and delivery of the health capital programme is a service matter for the Health Service Executive and the question has therefore been referred to the Executive for direct reply.

Questions Nos. 141 and 142 answered with Question No. 139.

143. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of construction works carried out at Our Lady’s Children’s Hospital, Crumlin, Dublin 12 over the past ten years; and the purpose and cost of each project. [2803/10]

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.

Question No. 144 answered with Question No. 139.

Cancer Screening Programme. 145. Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the outsourcing of cervical smear testing to a company (details supplied); the cost of the contract to date in 2010; the number of tests carried out; if this contract has come up for tender again; if companies here will be able to tender; and if she will make a statement on the matter. [2806/10]

Minister for Health and Children (Deputy Mary Harney): The matters raised by the Deputy are the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy on the matter.

Services for People with Disability. 146. Deputy Leo Varadkar asked the Minister for Health and Children her views on the Special Group on Public Service Numbers and Expenditure Programmes report proposal to transfer the disability functions of the Department of Justice, Equality and Law Reform to the office of mental health and disability; and if a decision has been made on this matter. [2822/10]

Minister of State at the Department of Health and Children (Deputy John Moloney): The proposal contained in the Report of the Special Group on Public Service Numbers and Expen- diture that certain disability functions be transferred to the Department of Health and Children from the Department of Justice Equality and Law Reform remains under consideration by both Departments. The proposal will be considered in the context of how best to achieve the Government’s overall policy goals in relation to people with a disability, in line with the National Disability Strategy and a whole of Government perspective.

Health Services. 147. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 181 of 9 July 2009, the position regarding the issues raised; and if she will make a statement on the matter. [2828/10]

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.

148. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Questions Nos. 105 and 106 of 12 February 2009 and No. 222 of 6 May 2009,

1009 Questions— 21 January 2010. Written Answers

[Deputy Denis Naughten.] the position regarding the issues raised; the breakdown of the figures in the primary community continuing care areas where waiting lists apply; and if she will make a statement on the matter. [2829/10]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply

Question No. 149 answered with Question No. 123.

Proposed Legislation. 150. Deputy Ciarán Lynch asked the Minister for Health and Children when the Adoption Bill 2009 will be brought before the Houses of the Oireachtas; the formal submissions that have been received in regard to this Bill; and if she will make a statement on the matter. [2860/10]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, is continuing its progress through the Oireachtas. It has already passed all stages in the Seanad and the second stage debate was completed in the Dáil today, Thursday, 21st January. A number of submissions have been received from interested parties and were considered in the drafting process.

Health Service Staff. 151. Deputy Joanna Tuffy asked the Minister for Health and Children the number of permanent staff and temporary staff employed by the Health Service Executive at the end of 2007, 2008 and 2009 in tabular form; and if she will make a statement on the matter. [2877/10]

Minister for Health and Children (Deputy Mary Harney): I wish to advise that the numbers (WTE excl. Career Breaks) of staff in the public health service at the end of 2007, end of 2008 and at the end of November 2009 (the latest data available), as recorded on the health service personnel census, are as follows:

31/12/2007 31/12/2008 30/11/2009

WTE Permanent 70,140 71,388 75,197 WTE Job-Sharing 3,485 3,123 3,062 WTE Temporary 16,197 14,084 11,087 WTE Locum 3,691 3,061 2,595 WTE Part-Time 12,587 14,393 12,731 WTE Sessional 822 470 352 WTE Training 4,582 4,508 4,744

Total WTE excl. Career Break 111,505 111,025 109,769 Note 1: Excludes home helps. Note 2: Student nurses are included in the 2007 and 2008 employment ceilings on the basis of 3.5 students equating to 1 wholetime equivalent. The employment levels adjusted for this are 110,664 (Dec 07) and 111,001 (Dec 08). Note 3: Data source — Health Service Personnel Census. Note 4: December 2009 figures not yet available.

152. Deputy Joanna Tuffy asked the Minister for Health and Children the number of social workers employed by the Health Service Executive at the end of 2007, 2008 and 2009 in tabular form; and if she will make a statement on the matter. [2878/10] 1010 Questions— 21 January 2010. Written Answers

Minister for Health and Children (Deputy Mary Harney): I wish to advise that the numbers (WTE excl. career breaks) of social worker grades employed in the public health service at the end of 2007, end of 2008, and at the end of November 2009 (the latest data available), as recorded on the Health Service Personnel Census (HSPC), are as follows:

31/12/2007 31/12/2008 30/11/2009

Social Worker 1,047.97 1,061.78 1,080.00 Social Worker, Medical 141.4 140.23 138.82 Social Worker (Non-professionally qualified) 174.97 156.99 49.93 Social Worker, Principal 234.63 223.06 223.16 Social Worker, Psychiatric 32.71 31.53 31.99 Social Worker, Psychiatric Senior 1 2.8 1.8 Social Worker, Senior Medical 153.62 150.22 159.91 Social Worker, Team Leader 330.98 331.71 346.84 Social Work Practitioner, Senior 138.9 137.35 147.02

Total 2,256.18 2,235.67 2,179.47

Employment data for social workers includes the grade of Social Worker (Non-professionally qualified). The HSE has advised that, during 2009, some of the staff in the grade of Social Worker (Non-professionally qualified) were reclassified to other grades within the census. My Department has asked the HSE to clarify the situation in relation to the reclassified grades and reply direct to the Deputy.

153. Deputy Joanna Tuffy asked the Minister for Health and Children the number of public health nurses employed by the Health Service Executive at the end of 2007, 2008 and at the end of October 2009 in tabular form; and if she will make a statement on the matter. [2879/10]

Minister for Health and Children (Deputy Mary Harney): The number of Public Health Nurses (expressed in Whole Time Equivalent terms) employed by the HSE at the end of 2007, 2008 and at the end of October 2009 were as follows:

Grade 31/12/2007 31/12/2008 31/10/2009

Director of Public Health Nursing 28.85 29.00 27.55 Director of Public Health Nursing, Assistant 164.63 178.82 169.91 Public Health Nurse 1,502.82 1,521.09 1,544.59 Public Health Nurse, Senior (Immunisation) 3.50 1.80 1.80 Public Health Nurse, Student 147.00 125.78 84.60

Total: 1,846.80 1,856.49 1,828.45 Data source — Health Service Personnel Census.

General Medical Services Scheme. 154. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 145 of 12 November 2009, when a reply will issue. [2882/10]

Minister for Health and Children (Deputy Mary Harney): The information sought by the Deputy is not provided by the Health Service Executive (HSE) to my Department as a matter 1011 Questions— 21 January 2010. Written Answers

[Deputy Mary Harney.] of routine. My Department has again requested the Parliamentary Affairs Division of the HSE to arrange for a reply to issue to the Deputy on this matter.

Medical Cards. 155. Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a full medical card will issue in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2924/10]

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.

156. Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a medical card will issue in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [2925/10]

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 Accommodation. 157. Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a permanent nursing bed will be provided at Maynooth Community Hospital or alternative private nursing home in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2926/10]

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

Departmental Staff. 158. Deputy Joanna Tuffy asked the Minister for Health and Children the number of staff employed in each agency that derives from her Department at the end of 2007, 2008, and 2009; and if she will make a statement on the matter. [3212/10]

Minister for Health and Children (Deputy Mary Harney): The numbers of whole time equivalent (WTE) staff employed in agencies under the aegis of my Department, other than the Medical Council, on 31 December 2007, 31 December 2008 and 30 September 2009 (the latest data available) are as follows:

Agency WTEs 31 WTEs 31 WTEs 30 Sep 09 Dec 07 Dec 08

An Bord Altranais 48.00 49.50 42.00 Children’s Act Advisory Board 14.20 16.00 13.00 Crisis Pregnancy Agency 15.00 17.00 13.80 Dental Council 4.00 5.00 5.00 Food Safety Authority of Ireland 81.00 81.40 85.47 Food Safety Promotion Board 35.00 27.00 29.80 Health and Social Care Professionals Council n/a 2.00 4.00 Health Information and Quality Authority 33.70 77.50 132.20 Health Insurance Authority 8.58 8.58 8.58 Health Research Board 80.70 83.70 77.20

1012 Questions— 21 January 2010. Written Answers

Agency WTEs 31 WTEs 31 WTEs 30 Sep 09 Dec 07 Dec 08

Irish Blood Transfusion Service 582.85 582.05 586.48 Irish Medicines Board 226.82 240.62 245.70 Institute of Public Health 20.00 19.00 19.00 Mental Health Commission 39.75 41.45 40.33 National Cancer Registry Board 41.42 46.12 49.40 National Cancer Screening Service 193.27 258.79 274.47 National Council for the Professional Development of 11.50 11.50 11.50 Nursing and Midwifery National Council on Ageing and Older People 12.30 9.00 Subsumed into DoHC National Paediatric Hospital Development Board n/a 2.00 2.50 National Social work Qualifications Board 7.00 7.00 6.69 National Treatment Purchase Fund 47.40 49.80 45.60 Office of Tobacco Control 7.00 8.00 7.00 Pharmaceutical Society of Ireland 19.00 19.50 20.00 Postgraduate Medical and Dental Board 33.70 16.30 Subsumed into HSE Pre-Hospital Emergency Care Council 15.00 15.00 16.00 Women’s Health Council 8.50 5.00 Subsumed into DoHC Voluntary Health Insurance 889.44 951.03 900.77

I will forward information in relation to the Medical Council to the Deputy as soon as it is received from the Council.

Road Network. 159. Deputy Joanna Tuffy asked the Minister for Transport if extra funding will be made available to Cork County Council to help to address the need for road repairs in the aftermath of the November 2009 flooding and the recent extreme weather in December 2009 and January 2010; and if he will make a statement on the matter. [2866/10]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. When Exchequer grants for regional and local roads are allocated each year, my Department does not hold back a reserve allocation, at central level, to deal with weather contingencies. Holding back such an allocation would mean a reduction in the road grant allocations made to all local authorities at the beginning of each year. The allocations made to local authorities are inclusive of a weather risk factor. Local authorities are expressly advised in the annual road grants circular letter that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. The amount of money provided in the 2010 Estimates for funding regional and local roads is €411.177 million and this year’s allocation will be based on that amount. I have, however, asked local authorities, including Cork County Council, to provide details of exceptional road related costs associated with the November 2009 flooding and recent pro- longed severe weather, which fall outside the normal financial provision for winter mainten- 1013 Questions— 21 January 2010. Written Answers

[Deputy Noel Dempsey.] ance. I will have regard to this information when deciding on the 2010 regional and local road grant allocations. I will announce these grant allocations by mid February 2010 at the latest.

Departmental Reports. 160. Deputy John O’Mahony asked the Minister for Transport the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2632/10]

Minister for Transport (Deputy Noel Dempsey): The information requested by the Deputy is contained in the table below.

1014 Questions— 21 January 2010. Written Answers € Yes/No s Yes 8,660.00 ’ issues, and to developtaken a by list the of various actions agencies. to be Sharepoint Development Strategy applications for Road TransportLicences Operator and the legislativemake framework recommendations. and 2006 Acts 1894-2005. harbours/ports. makes recommendations to makepassenger marine services more accessiblewith to disabilities. people 20082009 Cost & Efficiency Review Value for Money Review Yes Yes 306,959.19 154,217.00 2009 (June) To review the procedures for processing Yes 8,368.48 — — Task Force on fuelthe prices road for haulage industry haulage sector in relation to increasing fuel prices in Summer 2008 and other haulage yearly Inter-Departmental/Agency 2008 (June) To address concerns outlined by the road Meets twice Nil Report Task Force Year Reason for Report/Task Force Completed Cost ireann É Programme 2004-2008 assisted projects under the ESIOP.extant provisions of theActs Merchant 1894-2005 ShippingAssessment of Domestic Passenger ShipsForum financed projects under the ESIOP* 2000- extant provisions of the Merchant Shipping sample of domestic passenger ships and Cost & Efficiency Review of Dublin Bus & Bus Value for Money Review of the Railway Safety Farrelly Report Contractauditline Audit Report of ERDFSharepoint Development Strategy ReviewReport on the consolidated working Spanish text point of Technologies the Ltd Nil NADepartment of TransportDisabled Access 2009Report of NA the To Maritime review Passenger and Transport advise on the Department NA 2008 Financial verification checks on ERDF co- 2007 Yes To prepare a consolidated working text of 2008 the Yes To assess 2008 the 68,450.00 accessibility of a representative The report Yes sets out the work of the 52,586.60 Forum and Yes 36,633.00 5,666.00

1015 Questions— 21 January 2010. Written Answers € Yes/No authorities Coast Guard Co-ordination centres requirements offered to all domesticowners/operators. passenger The ship audit reportsinform will owners/operators help on howaccess to for improve persons withProject reduced Report mobility. from The thecarry consultants out engaged the to auditsaccess gives audit an findings. overview of the 20082009 Accommodation and technical advice for Irish Technical Yes advice on Emergency2009 Towing Vessel Yes Study of future helicopter search and rescue 22,675.00 Yes 44,175.00 6,600.00 — — — SafetyBrunicardi, T/A CorrinNautical Services H&S in buildings requirement Report Task Force Year Reason for Report/Task Force Completed Cost Safety Sectorobtaining ISO: 9001:2008 certification Ireland Ltd Ireland LtdPreparedness and Response CapabilitiesStudy 2008 European requirement for national Maritime the Department and its End Users. and related pollution response capacity Project Report on disabledpassenger access vessels audits of NADevelopment of an IT Vision for the MarineHealth & Safety Statement Marine Survey Office / SogetiAppointment of an ISO business analystFor 2007 2009STCW Marine Audit Survey Office / Sogeti The Access provision audits Marine of funded Survey integrated by Office systems the / toSite Department Phoenix benefit analysis were on various West 2009 Coast Locations No YesIrish Coast 2007 Guard Pollution Prevention, Implementation of a QMS system that will be Statutory a RequirementFuture for Helicopter periodic Study review Group Yes of Report 2009 80,066.10 46,777.00 Yes Marine Survey Office / Daire 61,035.53 2009 10,698.13 Independent Evaluation STCW convention Yes 4,017.52

1016 Questions— 21 January 2010. Written Answers 4,050 € € gross 135,351 incl € Chairman: assignments having regard to strategic priorities; Airport regional airports benefited to the samefrom extent the as general other reductionpremiums age in groups motor insurance and to identify potentialdeployment. for efficiencies in resource VAT Independent Report Task Force Year Reason for Report/Task Force CompletedYes/No Cost management operator for TerminalAirport Two at Dublinregional airports Persons Internal Financial Controls management operator for Terminal Two at Dublin Internal Financial Controls Value for Money study on Regional AirportsReport and advice relating to procuring facility N/AConsultancy relating to the N/A Cork Airport debtConsultancy on State Airports Business PlansCapital Expenditure Grant Scheme Review N/A forReview N/A of Motor Insurance Premiums 2009 for Young N/A 2008 Value forDublin Money Port study Study on Report Regional and Airports advice relating 2008Standardisation to Review procuring of facility the System Dossier on 2007Resource Consultancy Capacity No 2007 relating Study to Yes the No Cork Airport debt Consultancy on State Airports Business Plans Capital Expenditure Grant 2008 Scheme Review for Yes Yes To examine whether Yes or 236,925.00 not young N/A drivers have 2008 N/A Yes To review 30,250.00 and standardise the System Dossier on 54,822.08 169,950.02 Yes 2009 2009 70,650.00 Study of port To capacity review in Divisional the structures Greater and Dublin resource Area 23,326.38 Yes Yes 157,550.00 Consultant:

1017 Questions— 21 January 2010. Written Answers route 41X service business cases as partDepartmental of approval processes Departmental approval processes Report Task Force Year Reason for Report/Task Force CompletedYes/No Cost s decision to authorise Department to authorise the ’ requirementsIE purchase of 33 railcars Transport the re-routing of theRoute Dublin 41X Bus service Lines A1 and C1. WRC Phase 1 (EnnisAthenry)Dublin to Bus EU co-financed public transportprojects under the ESIOP2006 2000- the Cork-Midleton RailwayOrder application funded rail network tracksignalling & project rerouting of the Dublin Bus business cases as part of EU funding rules statutory railway order process rules Examination of the Department of N/AReview of Business Case of LuasBusiness Cases for Reopening ofArticle 4 verification checks on 2009Report of the Public Inquiry Review into of the decision of theFinancial Audit of cohesion 2007 Yes Review of 2007 economic evaluation of Yes Review of economic evaluation of Yes 2008 25,636 Verification checks required under 2007 13,370.50 Yes Report required under the 19,481 2007 Yes Audit required under EU funding 70,964.18 Yes 33,275 14,217

1018 Questions— 21 January 2010. Written Answers

Road Safety. 161. Deputy John McGuinness asked the Minister for Transport if he will carry out an analysis of the vehicle testing centre in County Wexford to determine if there is a need for another centre in the New Ross area in view of the number of hauliers in the area and the high number of heavy goods vehicles and trailers in the county; the position regarding the PriceWaterhouse Coopers report relative to applications for new test centres; and if he will make a statement on the matter. [2641/10]

Minister for Transport (Deputy Noel Dempsey): The relevant local authority has responsibility for matters relating to the approval of commercial vehicle testing centres. I have approved, in full, proposals from the RSA to reform the commercial vehicle roadworthiness system based on the findings of the Price Waterhouse Coopers report. The phasing and means of resourcing implementation of the reform plan is under consideration in light of current constrained Exchequer circumstances.

Road Network. 162. Deputy Michael Ring asked the Minister for Transport if funding has been drawn down by Mayo County Council in relation to flooding and landslides in Buckagh, Keena, Shramore, Treenlaur and Glenisland which occurred at the beginning of July 2009. [2647/10]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. In 2009, Mayo County Council undertook necessary reinstate- ment works to address damage to roads caused by flooding in July of that year. The council has submitted applications for regional and local road funding in 2010, including funding for works necessitated by the July 2009 flooding. Regional and local road grant allocations for 2010 are being considered at present and I will announce these grant allocations by mid February 2010 at the latest.

Parking Regulations. 163. Deputy Michael Ring asked the Minister for Transport the number of disabled parking discs allocated in the past five years on a county basis in tabular form. [2650/10]

Minister for Transport (Deputy Noel Dempsey): Under the Road Traffic Acts and the Road Traffic (Traffic and Parking) Regulations, 1997, the granting of a disabled person’s parking permit is a matter for the prescribed issuing authorities i.e. local authorities, the Irish Wheel- chair Association and the Disabled Drivers Association of Ireland. It is my understanding that no local authority currently issues permits under the scheme and my Department does not receive detailed information relating to permits issued by the Irish Wheelchair Association or the Disabled Drivers Association of Ireland.

Road Network. 164. Deputy Richard Bruton asked the Minister for Transport the legal basis for the company running the barrier free tolling imposing penalty charges on unpaid trips; if there are limits to the cost that they can add on as costs or penalty; and if there is a legal or constitutional limit on a body imposing such charges without judicial rights of review. [2718/10]

1019 Questions— 21 January 2010. Written Answers

Minister for Transport (Deputy Noel Dempsey): In the first instance, I should clarify that the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads, is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended). Under section 64 of the Act the non-payment of a toll can be dealt with under either civil or criminal law. This section provides that toll bye-laws made by the NRA in accordance with section 61 of the Act may allow an amount known as a “default toll” to be imposed for the non-payment or late payment of a toll. This section also provides that the default toll may take into account administrative costs in charging and collecting the toll. The system has been carefully designed to act as an effective deterrent to toll evasion. It offers road users significant time to settle their debt and default tolls are imposed on a progressive scale. Road users have more than two months to pay the toll before court action can be initiated.

Tribunals of Inquiry. 165. Deputy John McGuinness asked the Minister for Transport the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2735/10]

Minister for Transport (Deputy Noel Dempsey): There have been no tribunals of enquiry conducted by my Department.

Departmental Agencies. 166. Deputy John McGuinness asked the Minister for Transport the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2749/10]

Minister for Transport (Deputy Noel Dempsey): The Department funds the general administrative expenses of the following agencies and the estimates costs in 2008 and 2009 are set out as follows. Eight bodies in total have been abolished in the past 4 years. The Dublin Transpor- tation office replaced by the National Transport Authority on 1st December 2009. Seven Har- bour Authorities established under the Harbours Act 1946 have been abolished since 2006. Sligo, Annagassan, River Moy, Youghal, Kilrush and Westport harbours have transferred to local authority control and Dingle has been designated a Fishery Harbour Centre. There are six remaining Harbour Authorities under the Harbours Act 1946. Current policy is to transfer responsibility for these to local authorities l or to amalgamate them with State owned port companies. It is hoped that a number of these transfers will take place in 2010. In compliance with the Government’s decision of October 2008, the Air Accident Investi- gation Unit of the Department of Transport, the Railway Accident Investigation Unit of the Railway Safety Commission and the Marine Casualty Investigation Board will be administra- tively merged in mid-2010 to form the Irish Accident Investigation Office as an Executive Office under the aegis of the Department of Transport. Legislation to underpin the new arrangements is expected to be introduced in the Oireachtas in 2010. It is also my intention to amalgamate the Commission for Aviation Regulation and the regulatory functions of the Irish Aviation Authority with the planned new National Transport Authority. Detailed proposals to implement the decision are currently being considered.

1020 Questions— 21 January 2010. Written Answers

In line with the McCarthy Report proposals, consideration is been given to the merging of the National Roads Authority and the Railway Procurement Agency and this will be progressed during 2010. The Public Transport Regulation Act 2009 provides for the dissolution of the Commission for Taxi Regulation by the Minister at the request of the National Transport Authority and for the transfer of the staff, functions, duties and ongoing responsibilities of the Commission to the Authority. This will be progressed on receipt of a request from the Authority.

General Administrative Expenses

State Body 2008 2009

€million €million

CIE Group — Bus Átha Cliath Nil Nil CIE Group — Bus Éireann Nil Nil CIE Group — Iarnród Éireann Nil Nil Railway Safety Commission 2.1 2 Railway Procurement Agency 11.0 10.6 National Roads Authority 16.3 15.9 Dublin Transportation Office* 1.1 1 National Transport Authority** Road Safety Authority 22.7 32.8 Medical Bureau of Road Safety 3.3 4.3 Marine Casualty Investigation Board 0.2 0.2 Dublin Airport Authority Nil Nil Shannon Airport Authority Nil Nil Cork Airport Authority Nil Nil Commission for Taxi Regulation Nil Nil Commission for Aviation Regulation Nil Nil Irish Aviation Authority Nil Nil Port of Cork Company Nil Nil Drogheda Port Company Nil Nil Dublin Port Company Nil Nil Dundalk Port Company Nil Nil Dun Laoghaire Harbour Company Nil Nil Galway Harbour Company Nil Nil New Ross Port Company Nil Nil Shannon/Foynes Port Company Nil Nil Port of Waterford Company Nil Nil Wicklow Port Company Nil Nil Arklow Harbour Commissioners Nil Nil Baltimore Harbour Commissioners Nil Nil Bantry Bay Harbour Commissioners Nil Nil Kinsale Harbour Commissioners Nil Nil Tralee and Fenit and Harbour Commissioners Nil Nil Wexford Harbour Commissioners Nil Nil *Abolished 1 December 2009. **Established 1 December 2009.

1021 Questions— 21 January 2010. Written Answers

Rail Network. 167. Deputy Emmet Stagg asked the Minister for Transport the expected improvement works which will be completed on the Maynooth suburban rail line in 2010; and the improvement to services resulting from these works. [2759/10]

Minister for Transport (Deputy Noel Dempsey): Since 1st December 2009, this is a matter which comes under the remit of the National Transport Authority (NTA). The Oireachtas Liaison Officer for the NTA is Mr. Matt Benville, The National Transport Authority, 59 Daw- son St., Dublin 2.

Rural Transport Services. 168. Deputy Joanna Tuffy asked the Minister for Transport the level of funding that he will allocate to the rural transport programme in 2010; if he will re-state the commitment that this scheme will not be abolished; and if he will make a statement on the matter. [2826/10]

Minister for Transport (Deputy Noel Dempsey): The provision for the Rural Transport Prog- ramme in 2010 is being maintained at €11 million in recognition of the important role it plays in combating social exclusion in rural Ireland. The Government’s commitment to the Rural Transport Programme is clearly stated in Towards 2016 and in the present National Develop- ment Plan. The development of rural transport is also a key objective in the Government’s sustainable travel and transport plan Smarter Travel — A Sustainable Transport Future and in the Department’s Sectoral Plan under the Disability Act 2005.

Public Transport. 169. Deputy Joanna Tuffy asked the Minister for Transport the number of permanent staff and temporary staff employed by Dublin Bus, Bus Éireann and Iarnród Éireann at the end of 2007, 2008 and 2009 in tabular form; and if he will make a statement on the matter. [2880/10]

Minister for Transport (Deputy Noel Dempsey): This is an operational matter for the companies concerned and not one in which I have any role.

Departmental Staff. 170. Deputy Joanna Tuffy asked the Minister for Transport the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3216/10]

Minister for Transport (Deputy Noel Dempsey): The information requested by the Deputy is contained in the following table.

Agency 2007 2008 2009

Railway Safety Commission 8 8 13 Medical Bureau of Road Safety 34 34 35 National Roads Authority 143 145 140 Road Safety Authority 309 309 308 Office of the Taxi Regulator 21 22 23 National Transport Authority* (Formerly the Dublin 28 33 34* Transportation Office) Commission for Aviation Regulation 21 25 20 *The DTO was dissolved on 1 December 2009 and the work of the office transferred to the newly established 1022 Questions— 21 January 2010. Written Answers

National Transport Authority — NTA which was also established on 1 December 2009 under the Public Transport Regulation Act 2009.

Proposed Legislation. 171. Deputy Michael Kennedy asked the Minister for Justice, Equality and Law Reform if legislation will be passed to protect persons who clear footpaths of snow and ice outside their premises from being sued should an accident involving a member of the public subsequently occur; and if he will make a statement on the matter. [2665/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The law in this area, which is of long standing, already achieves a reasonable balance in relation to the care that is expected of persons for their own safety and for other persons. And, while I have no proposals to amend the law, my Department continues to review its operation.

Departmental Reports. 172. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2630/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that it has not been possible to compile the information requested in the time available. A response is being prepared and will be forwarded to the Deputy as soon as possible.

EU Funding. 173. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Question No. 346 of 9 June 2009, the position regarding same, including the figures for 2009; and if he will make a statement on the matter. [2658/10]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Curran): A call for applications under the European Integration Fund in respect of the 2009 programme was published by Pobal on behalf of my office in November with a closing date of 26 February 2010. Therefore, it is not possible to say at present what the take-up of funding under the 2009 programme will be. As I indicated in my reply to Question No. 346 of 9 June last, the present call for applications is directed at local authorities, other public bodies, NGOs and other relevant organisations and not just at NGOs and partnership companies as was the case with the previous call. In view of the availability of funds from the 2008 allocation, it was decided to invite groups being assisted from the fund to seek additional resources to continue their projects from 31 December 2009 to no later than 30 June 2010, which is the end of the extended eligibility period, as I explained in my reply to Question No. 346 of 9 June last. A sum of €226,233 has been approved in response to proposals.

Garda Strength. 174. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the number of full-time gardaí serving in the Tralee and Listowel divisions in the years 2005 to 2009 inclusive. [2668/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Commissioner that the personnel strength of the Tralee and Listowel

1023 Questions— 21 January 2010. Written Answers

[Deputy Dermot Ahern.] Garda Districts at 31 December for the years stated by the Deputy was as set out in the following table:

District 31/12/2005 31/12/2006 31/12/2007 31/12/2008 31/12/2009

Tralee 106 117 128 136 136 Listowel 48 52 56 61 59

175. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the number of gardaí serving on the drugs squad in County Kerry. [2669/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that, as of 31 December 2009, the latest date for which figures are readily available, there was one sergeant and ten gardaí assigned to the Kerry Divisional Drugs Unit.

Drug Offences. 176. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the number of arrests made for drug related offences in County Kerry from 2007 to 2009 inclusive; the number of convictions for the same offence; and if he will make a statement on the matter. [2671/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Síoch- ána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to provide the statistics sought by the Deputy directly to him.

Departmental Funding. 177. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the names of community organisations based in south Tipperary receiving funding from his Department for community programmes and the funding received by those organisations in 2009. [2676/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that, based on the current information available to me in relation to the recently concluded financial year 2009, the following community organisations based in south Tipperary have received funding in 2009 from my Department approximating €308,000: Aiséirí Cahir: €85,000; Clonmel Youth Training, €90,000; EDGE — Garda Youth Diversion Project, €95,400; South Tipperary Traveller Men’s Development Project, €29,000; Integrate Carrick, €700; Three Drives Family Resource Centre, €300; South Tipperary Sports Partnership, €1,000; and Clonmel Community Partnership, €6,700. I would also like to inform the Deputy that funding allocated by my Department to any Linkage, MOVE or PACE projects within the South Tipperary area has not been included in the above figure, as these projects are based nationwide and it is not possible to provide a break down of such project funding for South Tipperary alone. The total funding received nationwide by these projects in 2009 was €2,955,000.

Garda Operations. 178. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the number of arrests and convictions made in the Kerry Garda division for all offences for the years 2007 to 2009, inclusive; and if he will make a statement on the matter. [2678/10] 1024 Questions— 21 January 2010. Written Answers

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 asked the CSO to provide the statistics sought by the Deputy directly to him.

Probation and Welfare Service. 179. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the budgetary allocation to the Probation Service in 2008, 2009 and 2010; and if he will make a statement on the matter. [2680/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to advise the Deputy that the budget allocation for the Probation Service for the years in question are outlined in the table that follows this reply. The figure for 2010 has not been included as the estimates for 2010 have not yet been finalised.

Year Budget Allocation

€000

2009 51,796 2008 54,019* *In January, 2008 €10.02 million of the Probation Service budget was transferred to the Irish Youth Justice service following the transfer of responsibility for the monitoring of Juvenile Offending Initiatives.

Sentencing Policy. 180. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the status of the integrated sentence management system; and if he will make a statement on the matter. [2681/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish Prison Service is developing and rolling out a fully co-ordinated Integrated Sentence Management system (ISM) across all prisons and places of detention. ISM involves a new emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result will be a prisoner-centred approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress. ISM was first introduced on a pilot basis in Arbour Hill and Wheatfield prisons. During 2009, it was extended to additional numbers of prisoners in these prisons and was also initiated in the Training Unit and the Midlands Prison. Preparatory work also commenced in St. Patrick’s Institution. Altogether over 200 prisoners have participated in ISM to date. Parallel work on a range of necessary system supports such as the development of an IT database and staff training is ongoing. It is envisaged that ISM will be consolidated in these five prisons in 2010, with approximately 500 prisoners participating by the end of the year. ISM will continue to be rolled out to all other institutions on a phased basis, subject to the availability of resources.

Telecommunications Services. 181. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of mobile phone seizures that took place in each prison here in 2009 and to date in 2010; and if he will make a statement on the matter. [2682/10] 1025 Questions— 21 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 36 of the Prisons Act, 2007, which was brought into operation on 1 May, 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both. It is Irish Prison Service policy to report and hand over seizures of mobile phones to the Garda. Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. Details of mobile seizures are set out in the table below and it is important to note that a large percentage of these seizures are not directly from prisoners but are instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of newly introduced security measures including a airport style scanners and x-ray machines, which are in operation at the entrances of all the relevant closed prisons. Details of mobile seizures for 2009 and figures to 17 January 2010 are set out in the following table:

Prison/Place of Detention 2009 2010 (to 17 January 2010)

Arbour Hill 2 0 Castlerea 70 1 Cloverhill 41 1 Cork 27 1 Dóchas Centre 40 0 Limerick 309 5 Loughan House 78 7 Midlands 87 5 Mountjoy (Male) 904 54 Portlaoise 48 2 Shelton Abbey 103 3 St. Patrick’s Institution 121 3 Training Unit 116 3 Wheatfield 228 3

Total 2,174 88

Reporting systems for 2010 are currently being modified to differentiate between seizures within the prison and at point of entry to the prison.

182. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners convicted of possessing, using or supplying a mobile telecommunications device in prison in 2008 and 2009; and if he will make a statement on the matter. [2683/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Statistics in relation to court convictions is a matter for the Courts Service, which under the Courts Service Act, 1998 is independent in the performance of its functions. Section 36 of the Prisons Act 2007, which was brought into operation on 1 May 2007, makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not 1026 Questions— 21 January 2010. Written Answers exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both. It is Irish Prison Service policy to report and hand over seizures of mobile phones to the Garda. As of 20 January 2010, there are 53 people serving sentences for this offence. Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system.

Television Licence Fee. 183. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of persons who were committed to prison in the past five years for non-payment of fines following court proceedings initiated by An Post for not having a television licence; and if he will make a statement on the matter. [2684/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I expect the number of committals for non-payment fines to fall substantially once the Fines Bill 2009 has been enacted.The information requested by the Deputy for the years 2005 to 2009 is set out in the table that follows this reply. These figures relate to persons committed to prison for breach of the Broadcasting and Wireless Telegraphy Act 1988 where a fine or a prison sentence or indeed both may be imposed for not having a television licence.

Year Total

2005 52 2006 31 2007 32 2008 54 2009 62

I can advise the Deputy that the number of such people held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, figures relating to 20 January 2010 indicate that there was no person in custody for non-payment of fines in relation to not having a television licence.

Garda Equipment. 184. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the reason a telephone help line (details supplied), set up by the Garda Commissioner in the wake of the publication of the Murphy report, puts callers through to an answering machine and that any voice message does not seem to be responded to by the Garda Síochána; and if he will make a statement on the matter. [2699/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the telephone help line referred to by the Deputy was set up following the publication of the report of the Commission of Investigation into Child Sexual Abuse in the Dublin Archdiocese on 26 November last. A dedicated telephone line with voicemail facility was installed in the office of the Assistant Commissioner, National Support Services, Harcourt Square, and was continuously monitored by a dedicated call taker and personnel at the Domestic Violence and Sexual Assault Investigation Unit. I am also informed that after the first week following the installation of the help line there was a marked reduction in the number of calls being received. A decision was therefore taken to alter the period during which 1027 Questions— 21 January 2010. Written Answers

[Deputy Dermot Ahern.] the help line was staffed to between 9 a.m. and 5 p.m., Monday to Friday. Any person who was unable to get through to the call taker and who left a voice mail message was called back. Following a subsequent further reduction in the number of calls to the help line, it was decided that the voice mail facility would be utilised full-time, checked on a regular basis, and any caller who had left a message would be responded to. The situation is being kept under review. The Garda authorities are not aware of any calls not being responded to and, if the Deputy has any further information in that regard, I will be happy to have it examined.

Residency Permits. 185. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kerry will receive their long term residency; and if he will make a statement on the matter. [2711/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for Long Term Residency from the person concerned was received in my Department on 30 March 2009. I understand that applications received in September 2008 are currently being processed. It is likely, therefore, that further processing of the application of the person concerned will commence in the coming months, with a view to having it completed by July this year. The person in question will be contacted as soon as a decision is reached on the application.

Garda Deployment. 186. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the protocol for the gardaí offering an escort to celebrities travelling between events; if there are arrangements for cost recovery in such circumstances; if there has been a recent review of the justification for such deployment of resources in recent times; and if he will make a statement on the matter. [2720/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that there is no protocol for the Garda Síochána offering an escort to celebrities travelling between events. The provision of a Garda escort is determined by the nature of the request including security considerations and public safety. Arrangements are in place for cost recovery in respect of some escort duties performed.

Tribunals of Inquiry. 187. Deputy John McGuinness asked the Minister for Justice, Equality and Law Reform the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2733/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information requested by the Deputy in respect of sitting or recently concluded Tribunals of Inquiry, established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2004, where the final cost is not yet determined, is set out in this reply. The Smithwick Tribunal was established in 2005 to investigate suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superin- tendent Robert Buchanan on 20 March 1989. The sole member of the tribunal is His Honour Judge Peter Smithwick. The total cost of the tribunal to 31 December 2009 (the latest date for which figures are available) is €6.09 million. The tribunal is in its investigative phase at present and it is not, therefore, possible to say when it will conclude its work. Neither is it possible at this point to indicate the final cost. The tribunal of inquiry into complaints concerning some

1028 Questions— 21 January 2010. Written Answers gardaí of the Donegal Division has concluded. The cost, as at end of December 2009 was €52.8 million and the projected final cost is approximately €70 million.

Departmental Agencies. 188. Deputy John McGuinness asked the Minister for Justice, Equality and Law Reform the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2747/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that the main bodies within the remit of my Department include the Garda Síochána, the Courts Service, the Irish Prison Service and the Property Registration Authority in addition to 24 other bodies, details of which can be found in the appendices to my Department’s most recent Annual Report available at www.justice.ie and in the Oireachtas Library. Full details of estimates associated with all the bodies concerned are contained in the Abridged Estimates Volume for Public Services 2010. The costs associated with these bodies for earlier years are contained in the Revised Estimates for Public Services for each of the years concerned. Copies of the Abridged Estimates Volume for Public Services and the Revised Estimates for Public Services are available at www.finance.irlgov.ie and in the Oireachtas Library. With regard to the abolition or amalgamation of bodies and agencies operated under the remit of my Depart- ment, I can inform the Deputy that the Garda Síochána Complaints Board and the Garda Síochána Complaints Appeal Board were established under the Garda Síochána (Complaints) Act 1986. The board ceased to accept new complaints when the Garda Síochána Ombudsman Commission opened its doors on 9 May 2007 and its staff and resources have steadily declined in line with its reduced workload. It continues, however, to have responsibility for a number of complaints which were already being investigated under its remit at that time. While most of these have been finalised, a number of them are the subject of ongoing litigation. When this work has been completed the then Minister will, under powers conferred on her/him by the Garda Síochána Act 2005, by order repeal the Garda Síochána (Complaints) Act 1986. The National Crime Council ceased operation in October 2008. The Remembrance Commission’s term of appointment came to an end on 31 October 2008. Government funding to the National Consultative Committee on Racism and Interculturalism ceased at the end of 2008. Some of its functions have been absorbed into the Office of the Minister for Integration. From June 2009, in line with the Budget Decision, secretarial support for the Classification of Films Appeal Board, the Censorship of Publications Board and the Censorship of Publications Appeal Board are provided by the Irish Film Classification Office. Subject to the enactment of the Immi- gration, Residence and Protection Bill 2008 and the commencement of relevant provisions therein, the Office of the Refugee Applications Commissioner will cease to exist in 2010 and its functions will be subsumed into my Department. The Refugee Appeals Tribunal will be replaced by the Protection Review Tribunal at the same time. My Department is actively examining where common services or other resources can be shared to obtain efficiencies and reduce costs.

Citizenship Applications. 189. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2750/10]

1029 Questions— 21 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the citizenship division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question.

Garda Strength. 190. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the number of gardaí serving in each garda station in the Leixlip Garda District and Naas Garda District in County Kildare on 31 December 2009. [2756/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Commissioner that on 31 December 2009 the personnel strength of each Garda station in Leixlip and Naas Garda Districts was as follows:

Leixlip District Strength

Carbury 5 Celbridge 18 Kilcock 8 Leixlip 33 Maynooth 15

Total 79

Naas District Strength

Ballymore Eustace 1 Clane 8 Kilcullen 3 Kill 3 Naas 107 Robertstown 4

Total 126

Garda Deployment. 191. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if he will order an independent review of the allocation of gardaí here in view of the disparity between the numbers in some divisional areas, including the fact that Kildare has one garda for every 580 people, Roscommon and Longford has one garda for every 312 people, Cavan and Monaghan has one garda for every 287 people and Clare has one garda for every 330 people. [2776/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Com- missioner, with his senior managers and Divisional Officers, arranges for the allocation of Garda personnel throughout the State. Garda management is aided in this by a distribution model known as the Garda Establishment Redistribution Model (GERM). I am advised by the Commissioner that this model indicates the most effective means to distribute Garda personnel and acts as a guide to Garda management decision making. It takes into account many different policing variables, including crime trends, socio-economic factors, 1030 Questions— 21 January 2010. Written Answers and census information. The allocation of Garda personnel is determined by these factors and also takes account of the policing requirements of each individual Division.

Citizenship Applications. 192. Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform if, in view of the lengthy delay since an application for citizenship was made in January 2008 in the case of a person (details supplied) in County Dublin, an early decision on this application will be made; and if he will make a statement on the matter. [2780/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 347 on 20 October, 2009. The position remains as stated.

Prison Building Programme. 193. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his plans in respect of Thornton Hall in 2010; and if he will make a statement on the matter. [2795/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Government re-affirmed its commitment to developing a new prison campus at Thornton Hall, Kilsallaghan, County Dublin and also approved the launch of a new tendering process for the construction of a more affordable and better value prison campus at Thornton. The aim is to provide good quality, regime focussed prison accommodation with appropriate support and rehabilitative facilities for prisoners to prepare them for re-integration back into society. The new prison facility will provide accommodation for 1,400 prisoners with operational flexibility to accommodate up to 2,200 in a range of security settings. The development is now proceeding on a phased basis with phase one comprising essential enabling works required for the development including the construction of the dedicated access road, perimeter wall and off-site services. Tenders for the construction of the access road will be issued in March of this year. A tender competition for the construction of the perimeter wall of the prison will issue mid-Summer. An EU wide tender competition for the appointment of technical advisors to the Irish Prison Service is already in progress. The Irish Prison Service is being assisted in this process by the National Development Finance Agency. It is intended to invite tenders for the construction of the main prison development later this year.

Departmental Programmes. 194. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his views on the Special Group on Public Service Numbers and Expenditure Programmes Report proposal to transfer the disability functions of his Department to the office of mental health and disability; and if a decision has been made on this matter. [2823/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the details of my reply to Question No. 54 September 2009. The disability functions of my Department centre on promoting the principles of equality but do not involve service delivery. No decision has been made to transfer the disability functions of my Department at this juncture.

Prison Accommodation. 195. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform his

1031 Questions— 21 January 2010. Written Answers

[Deputy Denis Naughten.] plans to review the decision not to reopen Harristown House, Castlerea, County Roscommon; if he will overturn this decision; and if he will make a statement on the matter. [2832/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I would refer the Deputy to my reply to questions 624, 635 and 721 on 16 September, 2009. The situation regarding Harristown House remains unchanged. My Department, in consultation with the Irish Prison Service, is examining other potential alternate uses for the House. These discussions are ongoing.

Prison Building Programme. 196. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 247 of 13 October 2009, the cost of planting in 2009; the corresponding maintenance costs; the consideration given to undertaking further additional planting; and if he will make a statement on the matter. [2833/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): No additional planting was undertaken at the Thornton Hall Site during 2009. During 2009, approximately €9,600 was spent on landscape maintenance, including weed removal and control; removal of all tree stakes and tree ties; fixing and securing of protective fencing etc at the Thornton Hall site. Consideration was given to the planting of further trees and shrubs as referred to in my answer to the Deputy’s Parliamentary Question of Tuesday 13 October, 2009. However, this had to be deferred due to weather conditions. The Deputy will be aware that when granting development consent for the Thornton Hall prison project, the Oireachtas decided to increase the planted zone at certain points along the perimeter of the site in order to mitigate the visual and aural impact of the development. This additional planting will be undertaken at the appropriate time.

Visa Applications. 197. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied); and if he will make a statement on the matter. [2839/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person referred to has submitted two on-line applications for a visa both made on 12/12/2009. No documentation or fees have been submitted to date in relation to either of these applications. As the person concerned states she is a South African national, she does not require a visa prior to entering the State. Entry into the State and the period of time the person may remain is at the discretion of the Immigration Officer at the port of entry.

Magdalene Laundries. 198. Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if he will make a statement on the position of files and records held by Government Departments in respect of women and young girls who were routinely committed by order of the courts and other mechanisms to institutions and homes run by religious orders (details supplied); if these files will be released; and the steps he proposes to take in respect of this matter and the proposals made by an organisation. [2857/10]

1032 Questions— 21 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In my replies to Parliamentary Question numbers 547, 548, 549 and 550 of Tuesday 19 January, 2010 to Deputy Ruairí Quinn I set out fully the current position. I have nothing further to add to those replies.

Garda Strength. 199. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the number of full-time gardaí in the force at the end of 2007, 2008 and 2009; and if he will make a statement on the matter. [2881/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the personnel strength of An Garda Síochána as at 31 December 2007, 2008 and 2009 was 13,755, 14,412 and 14,547 respectively.

Residency Permits. 200. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [2883/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that, to date, they have not received an application from the person referred to in the Deputy’s Question. If this person has resided legally in the State for five years on work permit conditions they may apply to their local immigration officer to have their permission to remain in the State renewed.

Deportation Orders. 201. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a Garda national immigration bureau card will re-approve and re-issue in respect of a person (details supplied) in County Meath who applied for this card in October 2009; and if he will make a statement on the matter. [2884/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 16 September 2004. Her three children were included in her application. Her claim was examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which it was recommended that she should be declared a refugee. Based on this recommendation, the person concerned was issued with a formal declaration of refugee status by letter dated 27 October 2005 with this status applying equally to her three children. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State, one of which was that she would be permitted to reside in the State on Stamp 4 conditions. The person concerned was notified by letter dated 3 July 2009 that the Minister was proposing to revoke her refugee status in accordance with Section 21(1)(h) of the Refugee Act 1996 (as amended) as it appeared that she had given false and misleading information during the course of her asylum application. She was informed that she had 15 working days from the date of that letter to make representations to the Minister in this regard. The person concerned made representations to the Minister within the specified period. Following the consideration of the case of the person concerned, including all representations submitted, the Minister decided to revoke her status as a refugee in accordance with Section 21(1)(h) of the Refugee Act 1996 (as amended). The person concerned was notified of this

1033 Questions— 21 January 2010. Written Answers

[Deputy Dermot Ahern.] decision by letter dated 4 December 2009. This letter also informed her of her entitlement to appeal to the High Court under Section 21(5) of the Refugee Act 1996 (as amended) against this decision. Arising from the revocation of her refugee status, the person concerned no longer enjoys the benefits accruing from refugee status in the State and therefore her permission to reside in the State under Stamp 4 conditions was withdrawn. The person concerned was notified by letter dated 15 January 2010 that as she no longer had an entitlement to remain in the State, the Minister now proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her children. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The 15 working day period referred to in my Department’s letter of 15 January 2010 expires on 8 February 2010. It is open to the person concerned to make representations and/or apply for Subsidiary Protection in the State within that period. In any event, the case of the person concerned will not be further processed until the 15 working day period referred to has elapsed.

202. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2885/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 29 October 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27 March 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the

1034 Questions— 21 January 2010. Written Answers file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

203. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an residency application in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2886/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): This applicant applied for asylum on 16 September 2002. His application and a subsequent appeal were refused and a Deportation Order was made on 11 March 2005. The applicant applied for Subsidiary Protection, but this application was deemed invalid under the regulations. The applicant instituted Judicial Review proceedings on 18 April 2005 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose to comment further.

Citizenship Applications. 204. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [2887/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 260 on 13 October, 2009. The position remains as stated.

Residency Permits. 205. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [2888/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my detailed Replies to his earlier Parliamentary Questions, Nos. 704 of Tuesday, 3 November 2009 and 686 of Wednesday, 16 September 2009. The position in the State of the person concerned is as set out in those Replies.

206. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency or citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2889/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 100 of Thursday, 2 July 2009, and the written Reply to that Question. As stated in my last Reply, the person concerned has submitted an application for Subsidiary Protection in the State which is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

1035 Questions— 21 January 2010. Written Answers

207. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [2890/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued to the legal representative of the person referred to by the Deputy on 16th December 2009 and that to date no response has been received. I am further informed by INIS that on receipt of a response from the legal representative of the person referred to by the Deputy his Family Reunification application will be further processed.

Deportation Orders. 208. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the procedure followed to date and likely further developments in the case of an application for residency and refugee status in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [2891/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person referred to by the Deputy applied for Asylum on 12 December 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner’s recommendation was communicated to him by letter dated 19 September 2007. This communication advised the person of his entitlement to appeal the Commissioner’s recommendation to the Refugee Appeals Tribunal, which he duly did. The Refugee Appeals Tribunal considered the person’s appeal, following which the Tribunal affirmed the Commissioner’s earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 31 December 2009. In accordance with normal procedures, the applicant’s file has been forwarded to my Depart- ment’s Ministerial Decisions Unit for final processing of the Asylum claim. A letter will be issued formally advising him that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily;

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

209. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date in the application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [2892/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 675 of Tuesday, 6 October 2009, and the written Reply to that Question. The up to date position is that the representations submitted by the person concerned as to why a Deportation Order should not be made in respect of him are currently being considered

1036 Questions— 21 January 2010. Written Answers in my Department. This consideration will have regard for the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once this consideration has been completed, the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Asylum Applications. 210. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the progress to date and likely outcome in the application for residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [2893/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The persons concerned, a husband and wife, made separate applications for asylum on 31 August 2005. The couple’s child was born in the State in late 2005 and this child was included as a child dependant in his mother’s asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the persons concerned were entitled to remain in the State until their respective applications for asylum were decided. Their asylum applications were refused following the separate consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person was notified, by letter dated 14 August 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second named person was notified, by letter dated 28 July 2008, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, both the first and the second named persons were notified of their respective entitlements to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The persons concerned have submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications have been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the positions in the State of the persons concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned. Given that the consideration of these cases has not yet been completed, the Deputy will appreciate that it would be entirely inappropriate to make any comment on their likely outcomes.

1037 Questions— 21 January 2010. Written Answers

Residency Permits. 211. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2894/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that, following consideration of an appeal in this case, the person concerned was approved a Residence card of a family member of an EU citizen valid for a five year period. The person concerned was informed of this decision by registered letter on 13 November 2009.

Asylum Applications. 212. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2895/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 187 of Thursday, 17 December 2009, and the written Reply to that Question. The up to date position is that the representations submitted by the person concerned as to why Deportation Orders should not be made in respect of her and her child are currently being considered in my Department. This consideration will have regard for the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once this consideration has been completed, the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

213. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency and citizenship in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [2896/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 20 May 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. On 20 April 2009 the High Court refused the Judicial Review Leave Application with the consequence that the earlier decision of the Refugee Appeals Tribunal stood. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 28 May 2009, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary

1038 Questions— 21 January 2010. Written Answers

Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. The person concerned also made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this refusal decision by letter dated 23 October 2008.

214. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2897/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 629 of Tuesday, 19 January 2010, in this matter. As stated in my earlier Reply, in the event that the application for Subsidiary Protection made by the person concerned is refused, the position in the State of the person concerned and that of her two children will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those of a medical nature, will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

215. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2898/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 7 December 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 October 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

1039 Questions— 21 January 2010. Written Answers

[Deputy Dermot Ahern.]

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

216. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [2899/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 150 of Thursday, 5 November 2009, and the written Reply to that Question. As stated in my last Reply, the person concerned has submitted an application for Subsidiary Protection in the State which is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 217. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency and family reunification in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2900/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person concerned was granted permission to remain in the State under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission to remain, which was renewed in September of 2007, is currently valid until 22 September, 2010. With regard to the issue of family reunification, I wish to advise the Deputy that permission to remain in the State granted under the IBC/05 Scheme, and renewal thereof, is subject to the condition that the granting of such permission to remain does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter the State. This was an express condition of the Scheme and one which all applicants signed an undertaking to accept. It is, however, open to all persons who are resident outside the State and who are visa-required to enter the State, to make an application for a visa to their nearest Irish Embassy or Consulate. All visa applications are assessed on their individual merits and further information concerning visa applications may be found on www.inis.gov.ie.

218. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency and family reunification in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2901/10]

1040 Questions— 21 January 2010. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person concerned was granted permission to remain in the State under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. This permission to remain, which was renewed in July of 2007, is currently valid until 14 July, 2010. With regard to the issue of family reunification, I wish to advise the Deputy that permission to remain in the State granted under the IBC/05 Scheme, and renewal thereof, is subject to the condition that the granting of such permission to remain does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter the State. This was an express condition of the Scheme and one which all applicants signed an undertaking to accept. It is, however, open to all persons who are resident outside the State and who are visa-required to enter the State, to make an application for a visa to their nearest Irish Embassy or Consulate. All visa applications are assessed on their individual merits and further information concerning visa applications may be found on www.inis.gov.ie.

Asylum Applications. 219. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [2902/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Office of the Refugee Applications Commissioner, (ORAC), determined on 15 January 2010, in accordance with the terms of the Dublin II Regulation, Council Regulation (EC) No. 343/2003, that the United Kingdom is responsible for examining the asylum application of the person concerned. The Dublin II Regulation, (Council Regulation (EC) No. 343/2003), is intended to prevent the phenomenon of ‘asylum shopping’ across Europe and sets out criteria for determining which Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State or whereby an asylum seeker has been granted a visa to enter another Regulation State and has entered that other State before entering Ireland and making an asylum application here. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of ‘refugees in orbit’, a situation which had previously pertained in Europe. In regard to the person referred to by the Deputy, a Transfer Order was subsequently signed on 18 January and on 19 January 2010 she was transferred to the United Kingdom.

220. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2903/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 7 February 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 10 June 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against

1041 Questions— 21 January 2010. Written Answers

[Deputy Dermot Ahern.] her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Citizenship Applications. 221. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [2904/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Valid applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Division of my Department in August 2007. Processing of the applications has been completed and I have reached a decision on both. The persons concerned will be informed of the decisions in the near future.

222. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [2905/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in May 2007. I decided in my absolute discretion to grant a certificate of naturalisation and the person in question was informed of that decision in a letter issued to him on 14 July, 2009. Officials in the Citizenship Division inform me that they wrote to the person in question via his legal representatives on 29 October, 2009 seeking clarification in relation to the name to be used on the certificate of naturalisation (the name that appears on a certificate of naturalisation, except in the case of a married woman, will be that which appears on the birth certificate as submitted by the person concerned). A reminder letter was issued on 13 January, 2010. Clari- fication was received in the Citizenship Division of my Department on 18 January, 2010. A certificate of naturalisation will issue to the person concerned in the near future.

223. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency and citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2906/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 706 on 3 November, 2009. The position remains as stated. The General Immigration Division of my Department has informed me that in November 2009 an application was received from the person in question for a Without Condition As To

1042 Questions— 21 January 2010. Written Answers

Time endorsement, also known as stamp 5. The application was processed and as the person had acquired the necessary immigration residency stamps his passport was endorsed with a Without Condition As To Time endorsement and returned to him by registered post on the 26 November 2009. The Without Condition As To Time endorsement gives the person in question residency in the State until his current passport expires on the 17 May 2014. Records with the Garda National Immigration Bureau show that the person in question registered his new endorsement on the 2 December 2009.

Departmental Agencies. 224. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3213/10]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of whole-time equivalent staff attached to the 19 agencies and executive offices of the Department (but excluding bodies in the wider Justice sector which recruit their own staff such as the Courts Service, Garda Síochána, Garda Ombudsman Commission, Legal Aid Board, Property Registration Authority and non-administrative staff in the Irish Prison Service) at the end of 2007 was 986, at the end of 2008 was 1,090 and at the end of 2009 was 1,012.

Departmental Reports. 225. Deputy John O’Mahony asked the Minister for Foreign Affairs the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2628/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Department of Foreign Affairs is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). The following tables set out, for both Votes, the details of reports commissioned by the Department in 2007, 2008 and 2009 and the costs in each case. There were 4 reportsΛonΛ the EU which I requested the department to undertake prior to and post the Lisbon Treaty in 2009. I also requestedΛa review on Irish Prisoners Abroad. All the other reportsΛand those listed in Vote 29 were requested from variousΛdivisions in my department through Irish Aid. Irish Aid (Ireland’s official development assistance programme) occasionally commissions outside expertise where the specialised knowledge and/or skills are not available within the Department and where the effective management and evaluation of the programme necessi- tates the presence of such skills. During the course of their engagements these consultants/experts may prepare reports and other documentation. However, as they would not have been commissioned specifically to furnish a report, these details have not been included in the table. One Task Force was established under the auspices of my Department in the period in question. The Hunger Task Force was established in 2007 following a recommendation of the September 2006 White Paper on Irish Aid. The aim of the Hunger Task Force was to identify the additional, appropriate and effective contributions that Ireland can make to international efforts to reduce hunger. The first meeting of the Hunger Task Force took place in Dublin on 14th September 2007. The Task Force reported in September 2008, and outlined a number of key actions which Ireland can take to give practical leadership internationally on the attainment of the Millennium Development Goal of halving the proportion of those who suffer from hunger by 2015. The total cost of the Task Force was €301,991.

1043 Questions— 21 January 2010. Written Answers

[Deputy Micheál Martin.]

Vote 28: Experts/Consultants Matter Reported On Costs commissioned to produce reports in 2007 €

Sysnet Limited ICT Security Review 28,133

Goodbody Economic Consultants Value for Money and Policy Review of the Support 25,894 for Irish Emigrant Groups Programmes

Annesley Resource Partnership Quality Assurance Assessment of the Value for Money 3,751 and Policy Review of the Support for Irish Emigrants Groups Programmes

BCT Communications Limited Evaluation of the capacity building programmes 20,469 provided by the Institute of Public Administration in 2006 to the Bulgarian Institute of Public Administration and the Romanian National Institute of Administration.

Mr. Richard Townsend Assist with a review of the mandate and structures of 3,993 the Ireland-United Nations Association (IUNA)

Mr. Chris Flood Report on Irish Prisoners Abroad 6,066

Vote 28: Experts/Consultants Matter Reported On Costs commissioned to produce reports in 2008 €

Millward Brown Research Project to establish reasons underlying the 138,061 result of the Referendum on the Lisbon Treaty.

Communications Clinic The preparation of a detailed Communication Action 48,000 Plan to be used to direct spending under the Department’s Communicating Europe Initiative (CEI) in 2009.

Richard Sinnott, Johan A Elkink, Kevin Report on Attitudes and Behaviour in the 11,800 O’Rourke and James McBride Referendum on the Treaty of Lisbon

Mr Jim O’Leary Assessment of Value for Money Review of the 7,260 Passport Service.

Vote 28: Experts/Consultants Matter Reported On Costs commissioned to produce reports in 2009 €

Millward Brown Fieldwork for survey to investigate opinions and 30,253 attitudes to the European Union

1044 Questions— 21 January 2010. Written Answers

Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2007

€

Annesley Resource Partnership Quality Review of Irish Aid Report re. Tsunami 2,723

Annesley Resource Partnership Review of the Irish Aid Fellowship Training 34,388 Programme

Aodh O’Connor Technical Consultants to the Civil Society Section 9,800 Funding Schemes

Dalberg Global Development Ad. Evaluation of Learning and Training Programme for 26,245 Development Workers (Dtalk)

Dalberg Global Development Ad. Mapping of Irish Aid Approval Processes 55,358

Debbie Thomas Production of publication material for communication 10,000 about Irish Aid’s health programming

Ecorys Research and Consulting Evaluation of the Mozambique Country Programmes 93,191 2001-2006

Farrell Grant Sparks Provision of Consultancy Services for Irish Aid 92,767 Management Review

Institute of Public Administration Quality Assessment of Mozambique CSP Evaluation 2,904

Intrac Public Expenditure Review of the Irish Governments 31,181 Support to Tsunami affected countries

Intrac Review of the Irish Missionary Resource Service 66,105 (IMRS)

Jane Salvage Support to the AMAR Health Rehabilitation Project 12,135 for the Marsh Arabs of Southern Iraq

John Grindle External Evaluator for Development Cooperation 8,500 Ireland Project Proposals for the Balkans and CISs

John Grindle Support to Review of the Staffing Needs of the 15,426 Diplomatic Missions in Programme Countries, Sierra Leone and South Africa

KPMG Value for Money Review of the Passport Service 35,406

Maeve Martin Evaluation of the Development and Intercultural 15,000 Education (DICE) Project

Mary Jennings Mainstreaming Building Strategy and Practice within 3,020 Irish Aid

Oxford Policy Management Strategic review of Irish Aid engagement with the 61,316 United Nations funds and programmes

Reginald Terrence Allsop Support to the Zambia/Ireland Teacher Education 21,960 Initiative

Richard Townsend Report on staffing needs of missions in Irish Aid 8,556 Programme Countries

Karen Rothwell Piloting of Organisational Assessment Guidelines 24,421

1045 Questions— 21 January 2010. Written Answers

[Deputy Micheál Martin.] Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2007 € Siobhan Mullally Independent/External Mid-term Evaluation of the 5,197 Justice System Programme in Timor Leste

Steve Packer Evaluation of the Irish Aid World Bank Education 23,001 Trust Fund

Theta Eta Advisors Limited Preparation of a report entitled: Best Practice in the 6,050 Governance of Aid Programmes

Oxford Policy Management Research study entitled: “Measuring Impact: The 42,258 Global and Irish Aid Programme Context”

Mr Tony Killick (i) Preparation of a report entitled: “Selectivity in 25,410 Action: Choosing Irish Aid’s Tenth Programme Country”

(ii) Editorial Work on Research Findings Volume 1 Governance Trade and Aid Effectiveness.

Overseas Development Institute Research study entitled: “Good Governance, Aid 141,284 Modalities & Poverty reduction”

Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2008

€

Copenhagen Development Consulting Evaluation of Irish Aid Support to Primary Education 96,665 A/S. in the Rwenzori Region, Uganda

Desam International Consultants — Evaluation of Irish Aid Civil Society Programme — 19,500 Uganda Uganda

Debebe — Ethiopia Civil Society Fund Audit 3,000

Pricewaterhouse Coopers Ltd Develop Irish Aid Tanzania Private Sector Support 36,414 Strategy

National Forestry Authority Uganda Environmental impact assessment of the construction 21,666 improvement component of the post primary education and training programme (PPET) in Karamoja.

J Fitzpatrick Assoc External Review of Irish Aid Support to Kimmage 66,550 Development Studies Centre

Paud Murphy Evaluation of Global e-Schools & Communities 33,200 Initiative (GeSCI )

FSG Social Impact Advisors Evaluation of International Partnership for 139,0001 Microbicides

Helen O’Neill Assessment of United Nations Industrial Development 4,000 Organisation (UNIDO) as potential partner for Irish Aid

Dr. Larry Adupa — Uganda Documenting the process of establishing the civil 11,257 society fund for HIV/AIDS response in Uganda

1046 Questions— 21 January 2010. Written Answers

Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2008 € Prof Amon Z Mattee — Tanzania Assessment of the performance of extension services 19,235 delivery under ASDP in Tanzania

ITAD Ltd Evaluation of Ireland’s Timor Leste Country Strategy 130,000 2004-2008

The IDL Group — Mozambique Analysis of Opportunities to Support Rural Livelihood 38,743 Security and Pro-poor Growth through the Public Sector

Alicia da Silva Calane — Mozambique Analytic Study on process and indicators to address 10,000 gender related obstacles to achieving PROAGRI goals

Dr Barry Ryan Review of the role of the Organisation for Security 15,000 and Co-operation in Europe (OSCE) in the Partnership Programme for Eastern Europe and Central Asia (PPECA)

Economics for the Environment Review of Irish Aid’s Strategic Partnership’s 30,000 Consultancy Ltd (eftec) Environment Programme 2006-2008:

Development Research Training (DRT) The Status of Chronic Poverty and Vulnerability in 2,857 — Uganda Karamoja

J Fitzpatrick Associates Evaluation of Traidlinks 30,250

FRR/ IDL Group Review of Irish Aid Programme in Zimbabwe 18,351

Dr. Joseph Oonyu — Uganda Mid Term Review of Irish Aid Support to Human 6,554 Resources Development for Increased Access to Primary Health Care.

Ishmaels K. B. Kabanukye and others Mapping exercise of Gender Based Violence (GBV) 20,000 Programme in Uganda

Mary Jennings Copper Belt Government Programme Evaluation 15,770

Albert Malama Copper Belt Government Programme Evaluation 7,343

Dr. Henk J.W Mustsaers Review Operational Research for Food Security and 30,600 Capacity Building and Evaluate Joint Mekelle and Cork Universities MSc Degree in Rural Development

John O’ Regan Financial Assessment Component of an organisational 22,400 Assessment on partner NGOs for Multi-Annual Programme Scheme (MAPS), Civil Society Fund, Block Grants & other Civil Society Funding Schemes

Declan O Neill Foreign Currency Transaction Review for Embassy in 15,000 Tanzania

Elim Servic¸os Lda- Evaluation of Irish support to Technoserve 19,369

Health Tech Consulting — Mozambique Evaluation of the Provincial Investment Plan 2004- 25,000 2008 (PIPS) in Niassa Province (Mozambique)

John O’ Regan Audit of Multi-Annual Programme Scheme (MAPS) 22,500 Partnership grants awarded to Self Help Development International

1047 Questions— 21 January 2010. Written Answers

[Deputy Micheál Martin.] Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2008 € ITAD Ltd Evaluation of the Uganda Country Strategy Paper 88,760 2007 -2009

Catherine Butcher Review of HIVAIDS programme in Northern 18,600 Province (Zambia)

AGEMA — Mozambique Vulnerability & Agriculture Extension Study 42,000

Jane Salvage Feedback on evaluation of Irish Aids support to 1,650 Health Rehabilitation Project for Marsh Arabs of Southern Iraq

Integra Economic Development Report to Inter-Departmental Committee on 18,300 Consultants Ltd Development (IDCD) on development of skill sets

Petrus Consulting Ltd Quality review of draft HIV and AIDS Value for 3.400 Money Report

Prof. Ronan Conroy Independent assessment of issues arising from review 5,000 of a local HIV and AIDS Programme in Tanzania.

Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2009

€

Mike Kiernan Joint Appraisal for the development of a Joint 10,410 Modality within a Sector Wide Approach to support the Palestinian Education System

Dr. Kamal Kar Review of draft Irish Aid Water, Sanitation and 2,391 Hygiene Policy

The Circa Group, Europe Development of a Performance Measurement 24,561 Framework for the Programme of Strategic Cooperation between Irish Aid and Higher Education and Research Institutes 2007-2011

COWI Zambia Ltd Assessment of the Zambian Ministry of Education 23,760 School Infrastructure Implementation Plan 2008.

Peter McEvoy Evaluation of Irish Aid Supported Activities of 15,058 Dochas, 2006-2008

Howard Dalzell Review of Irish Aid Support for unexploded 18,172 Ordinance Programmes in Lao PDR & De-Mining in Cambodia

Karen O’Shea An Evaluation of the Development Intercultural 3,819 Education (DICE ) Lectures Project ( Part 2of 2007- 09 Model ) January 2009

Mary McKeown, Redesign of Irish Aid Regional Support in Ethiopia. 9,254

Mary McKeown Varney A Yenbeth Dr Evaluation of Sierra Leone & Liberia Country 35,557 Yvonne Harding Programmes

1048 Questions— 21 January 2010. Written Answers

Vote 29: Experts/Consultants Matter Reported On Cost commissioned by Irish Aid to produce reports in 2009 € Rural Net Associates Evaluation of support to Zambian Ministry of 14,150 Education programme.

Channel Research Review of Rapid Response Initiative 10,647

Johnny O’Regan Audit of DFA Travel and Subsistence Budget 12,386

KPMG — Kenya Report on Uganda Aida Commission 48,500

Eleanor O’Gorman Provision of Conflict Analysis for Timor Leste 23,449

Marcel Grogan Audit of MAPS Partner (Trocaire) 11,423

Matthias Fiedler Development Assistance Committee Research 25,000 Mapping

Mokoro Ltd Preparation Good Practice Note Empowerment Local 21,900 Development

In addition, the Advisory Board for Irish Aid (ABIA) also commissioned research programmes as part of its remit to undertake policy relevant international research. In 2006/2007 two major research projects were commissioned, the first a three year project on Good Governance, Aid Modalities and Poverty Reduction conducted by ODI London at a cost of €486,038 and the second, a one year research programme by Oxford Policy Management at a total cost of €153,505. In 2008, a three year framework agreement was signed with the Institute for Inter- national Integration Studies (I IIS) at Trinity College Dublin (TCD) to undertake three research projects around Policy Coherence for Development. The total cost of the three projects is €301,889 and the Framework contract runs to 2010. No further research projects were commissioned in 2 009 or later.

Citizenship Applications. 226. Deputy Michael McGrath asked the Minister for Foreign Affairs if children born in 2006 and 2007 to a person who was granted permission to remain in the State in 2005, by virtue of having an Irish born child, are entitled to an Irish passport, subject to fulfilling the other normal criteria. [2706/10]

Minister for Foreign Affairs (Deputy Micheál Martin): The Passports Act 2008 requires that before issuing a passport to a person, the Minister for Foreign Affairs shall be satisfied that that person is an Irish citizen. Proofs of identity and entitlement to citizenship are required in respect of all passport applications. These requirements are outlined in the passport application form notes that accompany each application form. Details are also available on the Depart- ment’s website. The citizenship of a child born on the island of Ireland on or after 1 January 2005 depends on the citizenship or period of legal residence in Ireland of his or her parents at the time of the child’s birth and is determined by reference to the Irish Nationality and Citizenship Act 2004. The Minister for Justice, Equality and Law Reform has lead responsibility for questions of citizenship. Where at least one parent of such a child is, at the time of his or her birth: (i) an Irish citizen or entitled to be an Irish citizen, (ii) a British citizen or (iii) entitled to reside in the State or 1049 Questions— 21 January 2010. Written Answers

[Deputy Micheál Martin.] Northern Ireland without any restriction on his or her period of residence, the child has an automatic entitlement to Irish citizenship. In other cases, citizenship depends on whether the parent was legally resident in the island of Ireland for an aggregate period of at least three years in the four years prior to the birth of the child. In accordance with the Irish Nationality and Citizenship Act, 2004, evidence of lawful residence in the State by one or both parents must be provided. In cases where a parent is a national of the EU, EEA or Swiss Confederation, a declaration may be made regarding the period of residence. Evidence of residence such as tax forms or bank statements may be requested in support of the declaration. Where the child’s parent is a national of another country, evidence must be provided in the form of immigration stamps in passports, Garda National Immigration Bureau cards and registration books. The Passport Office calculates the periods of lawful residency on the basis of these proofs.

Tribunals of Inquiry. 227. Deputy John McGuinness asked the Minister for Foreign Affairs the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2731/10]

Minister for Foreign Affairs (Deputy Micheál Martin): There are no such inquiries under way. The only such inquiry for which my Department had responsibility during the last ten years was the investigation by Mr. Justice Peter Cory, a retired judge of the Canadian Supreme Court, of allegations of collusion in the murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, Patrick Finucane, Lord Justice and Lady Gibson, Robert Hamill, Rosemary Nelson, and Billy Wright. Judge Cory was appointed to undertake this investigation by the British and Irish Governments on 28 May 2002 and submitted his final reports to the two Governments on 7 October 2003. The costs of the Inquiry were shared between the two Governments, and the total cost to the Irish exchequer of the investigation was €341,168.90.

Departmental Bodies. 228. Deputy John McGuinness asked the Minister for Foreign Affairs the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2745/10]

Minister for Foreign Affairs (Deputy Micheál Martin): There are no state agencies operating under the responsibility of my Department. There are currently three bodies, which operate under the aegis of my Department: the Development Education Advisory Committee; the Government Emigrant Services Advisory Committee (previously known as Díon); and the Fulbright Commission (The Board of the Ireland — United States Commission for Educational Exchange). The Development Education Advisory Committee (DEAC) was appointed by the then Mini- ster for Foreign Affairs in 2003 following the recommendations of the Ireland Aid Review Committee. Its purpose is to advise the Minister, Minister of State and Irish Aid on policy regarding development education. As an advisory body, it has no independent budget or overheads; the administration of DEAC is serviced by my Department from the Department’s overall budget.

1050 Questions— 21 January 2010. Written Answers

The Government Emigrant Services Advisory Committee (previously known as Díon) was set up in 1984 to advise the Government on the welfare of the Irish community in Britain. The Committee makes recommendations on Emigrant Services funding to voluntary organisations that work with vulnerable Irish people resident in Britain. As an advisory body, the Committee has no independent administrative budget or overheads; the administration of the Committee is provided by our Embassy in London and financed within the Department’s overall budget. The Ireland — United States Commission for Educational Exchange (the Fulbright Commission) finances study, research, teaching and other educational activities between Ireland and the United States of America. The Fulbright Commission operates on a statutory basis and enjoys autonomy of management and administration in accordance with the Edu- cational Exchange (Ireland and the United States of America) Act, 1991. The annual Grant- in-Aid figure for 2009 was €254,000, the same amount which has been paid annually since 2001. A fourth body, the Advisory Board for Irish Aid (ABIA), ceased to operate on October 31st 2008 when the Board’s term ended. The Board was established in August 2002 to provide general oversight and advice to the Minister for Foreign Affairs and the Minister of State for Overseas Development on the strategic direction of the Government’s programme of assistance to developing countries. The work of the Board was funded by an annual budget allocation under Vote 29 (International Co-operation) of the Department of Foreign Affairs. In 2008, the Board’s total cost was €738,047. Of this €614,374 related to research programmes. There are no plans to abolish or amalgamate the three bodies referred to in 2010.

Disaster Relief. 229. Deputy Charlie O’Connor asked the Minister for Foreign Affairs the assistance he will take to respond to the tragic situation in Haiti following the devastating earthquake; the actions being taken to encourage people here to be as generous as ever in assisting the efforts of numerous charities (details supplied) and other aid agencies; and if he will make a statement on the matter. [2789/10]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): The entire world has been deeply moved by the plight of the Haitian people following last week’s earthquake. The devastation which it has wrought is almost beyond belief and the impact on peoples’ lives has been made all the worse by the levels of poverty experienced by most Haitians. Casualties from the earthquake are believed to be in the tens, if not hundreds, of thousands and widespread destruction of infrastructure has been reported, including to schools and hospitals. Water and electricity supplies are down, and there is very limited communication. Immediately following the earthquake the Government announced it would contribute €2 million to the international relief effort in Haiti. This includes €1 million in response to an urgent UN appeal, with the remainder channelled via NGOs such as Concern, Goal and Trócaire, with whom we are in close contact. €250,000 has already been disbursed to the Red Cross. This funding forms part of a €122 million humanitarian response by the European Union, agreed at an emergency meeting of the EU Foreign Affairs Council which I attended on Monday of this week. In addition, on Monday evening Ireland dispatched over 80 tonnes of essential humanitarian supplies to Haiti from our emergency stockpiles. These include plastic sheeting, blankets, kitchen sets, soap, and water containers sufficient for 8000 families, which will be distributed by Concern and Goal. This is one of the largest direct provisions of supplies funded by Ireland. We have also deployed two members of our Rapid Response Corps, a 130-strong group of highly-skilled volunteers available at short notice to humanitarian organisations in need of their

1051 Questions— 21 January 2010. Written Answers

[Deputy Peter Power.] skills. The two concerned, and IT expert and an electrical engineer, have been assigned to the World Food Programme. Others, with skills in areas such as logistics, water and sanitation and child protection are on stand-by. A small technical team made up of Irish Aid staff with experience in the humanitarian field and in Haiti itself, as well as a representative from the Defence Forces, has also been dispatched to Haiti. The team will report to me on how Ireland can best contribute to the international relief effort. Beyond the Government response, the Irish people have demonstrated their characteristic generosity in supporting appeals from a range of NGOs and UN agencies. This has been mirrored across the globe and reflects the will of the international community to respond to the immediate humanitarian needs of the Haitian people. The Government will ensure that Ireland continues to participate fully in this international effort and I would urge people to continue to make their own personal contribution by supporting the appeals of the relief agencies.

Departmental Agencies. 230. Deputy Joanna Tuffy asked the Minister for Foreign Affairs the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3211/10]

Minister for Foreign Affairs (Deputy Micheál Martin): There are no state agencies operating under the responsibility of my Department. There are two Advisory Committees and one Educational Commission, which operate under the aegis of my Department. The Development Education Advisory Committee was established in 2003 following the recommendations of the Ireland Aid Review Committee. Its purpose is to advise the Minister, Minister of State and Irish Aid on policy regarding development education. All members serve in a voluntary capacity and it is serviced by my Department, therefore no staff are employed by the Committee. The Government Emigrant Services Advisory Committee (previously known as Díon) was set up in 1984 to advise the Government on the welfare of the Irish community in Britain . The Committee’s primary role is to advise on the distribution of Government support to voluntary agencies providing front line services and community care to Irish people in Britain. All members serve in a voluntary capacity and it is serviced by our Embassy in London, therefore there are no staff employed by the Committee. The Fulbright Commission (The Board of the Ireland — United States Commission for Educational Exchange) finances study, research, teaching and other educational activities between Ireland and the United States of America. As Minister for Foreign Affairs, I have some statutory obligations in regard to this organisation, including the appointment of four members of the eight-member Commission, who serve in a voluntary capacity. However, The Fulbright Commission enjoys autonomy of management and administration in accordance with the Educational Exchange (Ireland and the United States of America) Act, 1991.

Departmental Reports. 231. Deputy John O’Mahony asked the Minister for Arts, Sport and Tourism the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2620/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The number of reports commissioned by the Department from 2007 to 2009, inclusive, was thirteen, and the requested details in relation to each such report are set out in the following tabular form. 1052 Questions— 21 January 2010. Written Answers

In same time period, the Department did not establish any task forces, although other forms of group, such as review groups, were established.

Title of Report Reason for Report Completed Cost

€

Review of Operation of Heritage Fund To review the operation of the Heritage Yes 8,800 Fund as a means of facilitating the updating of legislation.

Progress on Implementation of James Joyce To review the progress on the Yes 20,570 Centre Business Plan implementation of the James Joyce Centre Business Plan.

Analysis and Evaluation of the Potential To analyse and evaluate the potential Yes 114,000 Economic Benefits to Ireland from the economic benefits to Ireland in the London 2012 Olympic and Paralympic sporting, business and tourism areas from Games the London 2012 Olympic and Paralympic Games.

Evaluation of Irish Sports Council Value-for- To independently evaluate the Irish Sports Yes 3,267 Money and Policy Review Council’s value-for-money and policy review.

Evaluation of Local Authority Swimming To independently evaluate the Local Yes 3,354 Pool Programme Expenditure Review Authority Swimming Pool Programme expenditure review as part of a value-for- money report.

Update of the Cost Benefit Analysis for the To provide a consultancy update of the cost Yes 3,146 National Museum at Collins Barracks benefit analysis for the National Museum at Collins Barracks.

Report of Tourism Strategy Implementation To follow up on the recommendations of the Yes 15,660 Group New Horizons for Irish Tourism: An (Chairperson’s Agenda for Action 2003-2012 strategy over Fee) a two-year period and to recommend a framework for a mid-term review.

Review of Horse and Greyhound Racing To review the operation of the Horse and Yes 19,465 Fund Greyhound Racing Fund.

Church Records Microfilm and Records To identify and provide estimates of the Yes 5,808 Numbers Survey record numbers of non-digitised Church registers.

Economic Impact of the Cultural Sector of To research, demonstrate and provide Yes 12,092 the Arts, Culture and Creative Sectors concrete evidence of the economic importance of the arts, culture and creative sectors for Ireland, in terms of contribution to GNP, employment and Exchequer revenues.

Analysis of the Sports Facilities Provision in To analyse the sports facility provision in Yes 113,740 Ireland Ireland to assist the Department in developing a sports facilities strategy.

Report of the Tourism Renewal Group To review and, where appropriate, renew Yes 3,130 (Survival, Recovery and Growth — A Ireland’s existing tourism strategy and to Strategy for Renewing Irish Tourism 2009- report to the Minister with 2013) recommendations in the form of a Framework for Action for the period to 2013.

Report on the Amalgamation of the National To review the current proposals to combine Yes 8,677.14 Gallery, Irish Museum of Modern Art and the National Gallery of Ireland, Irish (excluding Crawford Gallery, Cork Museum of Modern Art and Crawford Art VAT) Gallery while retaining their separate brand identities.

1053 Questions— 21 January 2010. Written Answers

Tax Code. 232. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if he, or any of the agencies under the remit of his Department, have made recommendations to the Depart- ment of Finance or the Revenue Commissioners in respect of the conditions under which the artists’ tax exemption is granted; and if he will make a statement on the matter. [2664/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Under the terms of the Taxes Consolidation Act 1997, the operation of the Artists Exemption scheme is a matter for the Revenue Commissioners. The original intention of the legislation was, inter alia, to create an environment in which the Arts could flourish and to encourage Irish artists on modest incomes to remain here rather than going abroad to earn their living. I am in favour of this scheme and made my views known to the Minister for Finance prior to the Budget in December last. I was pleased to note that this scheme has remained largely intact following the December Budget announcements. My Department, the Arts Council and the Revenue Commissioners will complete their review of the schemes guidelines, for my consideration and that of the Minister for Finance, shortly.

Tribunals of Inquiry. 233. Deputy John McGuinness asked the Minister for Arts, Sport and Tourism the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2723/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Since the establishment of the Department in June 2002, no tribunal of inquiry has been set up by Ministerial Instrument following resolutions of the Oireachtas, pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2004.

Departmental Agencies. 234. Deputy John McGuinness asked the Minister for Arts, Sport and Tourism the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2737/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The Department currently has fifteen bodies and agencies operating under its remit. Details of the financial allocations to these bodies and agencies are set out in the annual Estimates for Public Services and in the annual reports and financial statements of each body and agency which are available in the Dáil Library or on relevant websites. In the same time period, in 2009, one agency was abolished, namely, Irish Genealogy Ltd., which was part funded by the Department. Funding is now being directed instead to the computerisation of pre-1900 Church birth, marriage and death records, some of which are now available on the free-to-view website www.irishgenealogy.ie. Computerisation of further records is in progress. With regard to amalgamations in the same time period, in 2006, five regional tourism authorities were subsumed into Fáilte Ireland, namely, the South-East Regional Tourism Authority Ltd., South-West Regional Tourism Authority Ltd., Western Regional Tourism Authority Ltd.,

1054 Questions— 21 January 2010. Written Answers

Midlands-East Regional Tourism Authority Ltd. and North-West Regional Tourism Auth- ority Ltd. In relation to the proposed amalgamation of the National Gallery of Ireland, Irish Museum of Modern Art (IMMA) and Crawford Art Gallery Cork, as announced in Budget 2009, I am, having examining the matter in greater detail, and will bring reconsidered proposals to Government on the matter in the near future. Also as announced in Budget 2009, the National Archives (which currently forms part of the Department) and the Irish Manuscripts Commission (which is funded by the Department) are to be merged with the National Library of Ireland.

National Lottery Funding. 235. Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism the amount of national lottery funding that his Department expects to be allocated from the Department of Finance in 2010; the amount of this allocation that will be spent on the provision of sports and recreational facilities; and if he will make a statement on the matter. [2836/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As the Deputy will be aware, the allocation of the proceeds of the National Lottery is a matter for the Minister for Finance. The elements of my Department’s Vote which are part-funded by proceeds of the National Lottery are as follows: Subhead C.1 — Grants for sporting bodies and for the provision of sports and recreational facilities under the Sports Capital Programme; Subhead C.3 — Grant- in-Aid provided to the Irish Sports Council in respect of general assistance to sports organisations and expenditure in relation to sports activities; and Subhead D.7 — Grant-in-Aid allocation provided to the Arts Council. Details of the Budget allocations for these subheads for 2010, are outlined in the following table.

Sports Capital Irish Sports Council Arts Council Total Programme

2010 €48,000,000 €49,789,000 €69,150,000 €166,939,000

Departmental Agencies. 236. Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3204/10]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The information requested by the Deputy is set out in tabular form.

Name of Agency Number of staff Number of staff Number of staff serving at end serving at end serving at end 2007 2008 2009

Arts Council 45.00 62.00 58.50 Irish Film Board 16.00 16.00 16.00 Chester Beatty Library 34.90 36.40 35.40 Failte Ireland 392.19 389.19 356.69 Irish Museum of Modern Art 94.00 94.00 93.00 Irish Sports Council 28.00 29.40 28.40 National Concert Hall 87.00 67.50 66.29

1055 Questions— 21 January 2010. Written Answers

[Deputy Martin Cullen.] Name of Agency Number of staff Number of staff Number of staff serving at end serving at end serving at end 2007 2008 2009

National Library of Ireland 106.55 123.15 104.05 National Museum of Ireland 166.85 180.92 175.51 National Sports Campus Development Authority 3.60 5.60 4.60 SFADCo. (Tourism) 29.00 30.50 30.50 Tourism Ireland Ltd. 156.00 161.50 159.00 Crawford Art Gallery 13.00 13.00 14.00

The numbers are given as whole time equivalents.

Departmental Reports. 237. Deputy John O’Mahony asked the Minister for Community, Rural and Gaeltacht Affairs the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2622/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): In relation to task forces, I presume the Deputy is referring to high-level committees that Departments establish from time to time to consider and advance particular strategic issues, and the reports emanating from such groups. In this context, my Department has set up no such task force since it was established in June 2002 and consequently there are no associated reports. However, for the sake of completeness, I have asked my Department to collate details of any other substan- tive reports (i.e. reports other than internal reports, assessments, audits, etc) commissioned during the period referred to and to forward the relevant information directly to the Deputy.

Community Development. 238. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the allowances that could be claimed by persons participating in the rural social scheme in each of the past three years; and the allowance rate, criteria and so on; and if he will make a statement on the matter. [2651/10]

239. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the allowances persons participating in the rural social scheme may claim; the criteria, payment rate and so on; and if he will make a statement on the matter. [2652/10]

240. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if allowances paid previously to persons participating in the rural social schemes have been cut or amended; the potential monetary effect this has on participants; and if he will make a statement on the matter. [2653/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I propose to take Questions Nos. 238, 239 and 240, inclusive, together. Following the recent Budget, adjustments have been made to payments and allowances under the Rural Social Scheme (RSS) to reflect the adjustments made to social welfare payments. The payments under the RSS from 2007 to 2010 are set out in the following table. While other allowances may be payable to RSS participants by other Departments/Agencies in certain circumstances e.g. Back to School Clothing and Footwear Allowance, no such allowances are paid directly to RSS participants in respect of clothing, boots, shoes, etc. 1056 Questions— 21 January 2010. Written Answers

Since the inception of the RSS in 2004, a materials grant to cover ancillary costs such as travel and health & safety equipment has been paid to the Implementing Bodies who administer the Scheme at local level on behalf of my Department. This grant was paid at the weekly rate of €15.24 per participant per week up to 2008. In 2009, in the context of the availability of resources, the materials grant was set at €11.63 per participant per week. In this context, the Deputy should note that guidance was issued to the Implementing Bodies to prioritise essentials such as health & safety requirements. This could include safety clothing and boots for participants, where appropriate.

Payments and allowances under the Rural Social Scheme

2007 2008 2009 2010

€€€€

Maximum Personal Rate 210.20 222.30 228.70 216.00 Allowance in respect of an Adult Dependant 123.30 131.30 135.60 130.10 Allowance in respect of each Child Dependant (Full-Rate) 22.00 24.00 26.00 29.80 Allowance in respect of each Child Dependant (Half-Rate) 11.00 12.00 13.00 14.90 Free Fuel Allowance 18.00 18.00 20.00 20.00

Departmental Funding. 241. Deputy Tom Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the names of all community organisations based in south Tipperary receiving funding from his Department for community programmes; and the funding received by those organisations in 2009. [2672/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Information in respect of funding provided through the Vote of my Department in 2009 to community organisations in south Tipperary is set out in the following table.

Funding provided through the Vote of the Department of Community, Rural and Gaeltacht Affairs in 2009 to South Tipperary community organisations in respect of community programmes

Organisation Funding Programme/Source of funding received in 2009 €

Muintir na Tíre 135,000 Scheme to Support National Organisations in the Community & Voluntary Sector Sth Tipperary Volunteer Centre 129,312 Funding Scheme to Support Volunteering Anacarty Donohill Senior Citizens Com 700 Scheme of Community Support for Older People Ardfinnan Community Alert 5,330 Scheme of Community Support for Older People Ballyneale Community Alert 1,474 Scheme of Community Support for Older People Cahir Comm Alert Neighbourhood Watch 4,619 Scheme of Community Support for Older People Carers Association Clonmel 4,590 Scheme of Community Support for Older People Cashel & District Social Services Ltd 7,980 Scheme of Community Support for Older People Daycare Centre for Elderly 400 Scheme of Community Support for Older People

1057 Questions— 21 January 2010. Written Answers

[Deputy Éamon Ó Cuív.] Organisation Funding Programme/Source of funding received in 2009 € Good Morning South Tipperary 4,925 Scheme of Community Support for Older People Kilfeacle & District Community Alert 6,950 Scheme of Community Support for Older People SVDP Tipperary St Nicholas Conference 2,284 Scheme of Community Support for Older People Three Drives Family Resource Centre 10,000 Dormant Accounts Fund Tipperary Town and District School 5,000 Dormant Accounts Fund Completion Programme Tipperary Community Council 5,000 Dormant Accounts Fund Moorehaven Centre 10,000 Dormant Accounts Fund Three Drives Family Resource Centre 10,000 Dormant Accounts Fund Tipperary Excel Heritage Co. Ltd. 25,000 Dormant Accounts Fund Suir Community Development Project Ltd. 12,000 Dormant Accounts Fund The Journeyman Programme 9,999 Dormant Accounts Fund Barnardos — Families in Education Project 10,000 Dormant Accounts Fund South Tipperary Sports Partnership 5,000 Dormant Accounts Fund Junior Achievement Ireland 10,000 Dormant Accounts Fund Foróige 18,000 Dormant Accounts Fund Scouting Ireland 3rd Tipperary Scouts Group 43,000 Dormant Accounts Fund Carrick-on-Suir Carrick-on-Suir Athletic Club 2,000 Dormant Accounts Fund Carrick-on-Suir Development Association 10,000 Dormant Accounts Fund Mid West Regional Drugs Task Force (Clare, 30,000 Dormant Accounts Fund Limerick and South Tipperary South East Regional Drugs Task Force 30,000 Dormant Accounts Fund (Wexford, Waterford, Kilkenny, Carlow and South Tipperary) Tipperary Rural Travellers CDP 121,000 Community Development Programme Knockanrawley Resource Centre 188,000 Community Development Programme The Suir CDP 109,000 Community Development Programme Clonmel Traveller Development Project 59,000 Community Development Programme South Tipperary Development Co 448,000 Community Development Programme Slieveardagh Rural Development 21,033 Community Services Programme PRY Project 18,930 Community Services Programme Tipperary Midwest Community Radio 14,540 Community Services Programme Cahir Development Assocation 82,294 Community Services Programme Cahir Park AFC (Development) Ltd 103,400 Community Services Programme Galloglass Theatre Company 64,798 Community Services Programme Tipperary Technology Park 98,886 Community Services Programme South Tipperary Development Company* 351,531 Rural Development Programme

Total 2,228,975

Community Development. 242. Deputy Denis Naughten asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 1183 of 24 September 2008, the position regarding same; and if he will make a statement on the matter. [2686/10] 1058 Questions— 21 January 2010. Written Answers

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As the Deputy is aware, the Question of 24 September 2008 referred to by him dealt with contracts for support agencies under the Community Development Programme. Such support agencies were contracted to provide supports to community development projects, which in turn delivered the programme under contract to my Department. Expressions of interest for revised supports for the programme were called for on the e-tenders website on 16 June 2008 and a number of expressions of interest were received. My Department subsequently decided, due to the changed economic circumstances at that time, not to proceed with the tender competition. The organisation to which the Deputy referred to in the Question of 24 September 2008 continues to receive funding under contract from my Department.

Tribunals of Inquiry. 243. Deputy John McGuinness asked the Minister for Community, Rural and Gaeltacht Affairs the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2725/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Since my Department was established in June 2002, no such tribunals of enquiry have been conducted.

Departmental Agencies. 244. Deputy John McGuinness asked the Minister for Community, Rural and Gaeltacht Affairs the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2739/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Currently, the number of relevant bodies funded from my Department’s Vote Group is 7. The following table lists the bodies in question, as well as the relevant funding allocations for 2009 as set out in the Revised Estimates Volume.

Bodies funded from Vote Group of the Department of Community, Rural and Gaeltacht Affairs 2009

Bodies REV allocation 2009

€m Western Development Commission 2.246 Údarás na Gaeltachta* 11.800 Dormant Accounts Board** 1.786 Commissioners of Charitable Donations and Bequests 0.446 An Coimisinéir Teanga*** 0.960 Waterways Ireland**** 36.500 An Foras Teanga, comprising: Foras na Gaeilge**** 15.840 Ulster-Scots Agency**** 0.990 *Allocation for Údarás na Gaeltachta — Administration. **Allocation for Dormant Accounts — Administration. ***An Coimisinéir Teanga is an independent statutory office. ****Funding also provided by the Department of Culture, Arts and Leisure, Northern Ireland.

1059 Questions— 21 January 2010. Written Answers

[Deputy Éamon Ó Cuív.]

In relation to the other information requested by the Deputy, the position is as follows: In 2006, Arramara Teoranta, a commercial State body founded to utilise the large resource of seaweed along the west coast of Ireland, became a wholly owned subsidiary of Údarásna Gaeltachta. In 2008, functions and funding for Bord na Leabhar Gaeilge, the former State Board established to promote writing and publishing in the Irish language, transferred to Foras na Gaeilge. In 2009, the functions, funding and staffing for Colmcille, a tripartite initiative established to develop stronger links between Gaelic speakers in Ireland and Scotland, transferred to Foras na Gaeilge. Also in 2009, the work of the National Drugs Strategy Team, a cross-sectoral team with representatives from relevant Government Departments and Agencies and the community and voluntary sectors, was subsumed into my Department in the context of National Drugs Strategy 2009-2016. The Government proposes to abolish the Dormant Accounts Board in 2010. Appropriate legislation is currently being prepared for this purpose.

Departmental Funding. 245. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that in Budget 2010, the vote for the community service programme was reduced by 9% against the figure allocated in 2009; if his further attention has been drawn to the fact that community service projects were notified that funding for CSP in 2010 was about 8% lower than in 2009; the reason, when individual community service programmes in County Westmeath were notified of their grant allocation, that their reduction for their projects varied between 11% and 14%; if same will be explained in the context of budget 2010 reduction; and if he will make a statement on the matter. [2847/10]

246. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the complex review process by way of substantial forms, which community service programme providers have to complete in order to seek a review of their allocations notified for 2010 which is a significant imposition upon the individual projects; if his further attention has been drawn to the impact of the abolition of the non-wage grant, which will represent an onerous imposition upon the projects, where such non-wage expenditure was used to assist in the detailed compliance which such projects had to undertake and which also paid for insurance, licences, staff training, compliance with employment law; if the reduction for each individual project will be reviewed; and if he will make a statement on the matter. [2848/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I propose to take Questions Nos. 245 and 246 together. Funding of €46m is available under the Community Services Programme (CSP) in 2010 compared with €50.6m in 2009, an overall reduction of some 9%. When account is taken of administrative and related project costs, the reduction in the funding available to directly support CSP projects is generally of the order of 8%. Of the 450 or so organisations approved to deliver services under the CSP, an increase of 80 on the 01/01/2009 position, contracts in respect of some 320 projects expired at the end of 2009. In the current economic climate, I am very keen that the current levels of employment in these organisations is maintained. However, given the reduction in overall funding for the Programme, I can only do this by abolishing the non-wage grant that was previously payable. In this context, the Deputy should note that I have provided these organisations with an opportunity to apply for an immediate review of their 2010 funding allocation where it has

1060 Questions— 21 January 2010. Written Answers implications for the sustainability of the service being delivered or where the organisation has concerns of its financial viability. It should also be noted that the organisations will have their financial situation and operations more comprehensively examined in the context of being potentially offered three year contracts to the end of 2012. A key requirement of the CSP is that organisations contracted to deliver services undertake to generate a significant level of resources from non-public sources by way of trading, charging fees and fund raising etc. This is unlike many of the other programmes operated across the public sector. My Department continues to simplify the information and administrative burden on organisations funded by the Programme. I believe that the information required is proportionate to the level and duration of funding offered to the groups involved. The contracts for the 130 or so organisations extending into 2010 are unaffected at this time by the reduction in the non- wage grant.

Departmental Agencies. 247. Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3206/10]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Currently, the number of relevant bodies funded from my Department’s Vote Group is 7. The following table lists the bodies in question, as well as details submitted to my Department regarding the numbers of staff employed at year-end in 2007, 2008 and 2009.

Staffing numbers for 2007-2009 in bodies funded from Vote Group of the Department of Community, Rural and Gaeltacht Affairs

Bodies Staff Staff Staff employed at employed at employed at end-2007 end-2008 end-2009

Western Development Commission 15.00 16.54 15.40 Údarás na Gaeltachta 112.00 111.00 103.03 Dormant Accounts Board* 0.00 0.00 0.00 Commissioners of Charitable Donations and Bequests (CCDB)** 7.60 7.40 6.80 An Coimisinéir Teanga** 5.00 7.00 6.00 Waterways Ireland 345.95 349.46 355.8 An Foras Teanga, comprising: Foras na Gaeilge 51.00 50.00 48.60 Ulster-Scots Agency 17.00 15.00 17.54 *The Dormant Accounts Board does not employ any staff. However, a member of staff of my Department provides secretarial assistance to the Board on a half-time basis. **Staff seconded from my Department.

Flood Relief. 248. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the amount applied for by individuals, families or companies from the humanitarian fund in respect of the flooding in November 2009; the amount of money that has been given from the fund to individuals, families or companies to date in 2010; and if she will make a statement on the matter. [2871/10] 1061 Questions— 21 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): In recognition of the devastation suffered by people in many areas of the country as a result of the flooding from November 2009 onwards the Government set up a Humanitarian Assistance Scheme to provide income tested financial support to people who have suffered damages to their homes not covered by insurance . An initial sum of €10 million has been set aside by the Government for this purpose. Community Welfare Service staff throughout the country have been providing huge support to families since this flooding occurred. Up to the 15th January 2010 they had already made over 1,861 payments to 1,091 individuals to the value of €744,000. The average payment per individual is €680, with the largest payment to an individual in excess of €20,000. Initially, the vast bulk of applications for humanitarian assistance were for small amounts to assist with basics such as food, clothing, bedding, heating and the hire of dehumidifiers. As the flood waters began to recede in some areas and householders were able to assess the extent of damage to the contents of their homes, claims have been submitted and approved for items such as carpets, flooring, furniture and white goods. While assistance is available for structural repairs to homes not covered by household insurance, very few large scale claims have been made at this stage. This is because homeowners have not yet established the cost of repair in many cases, for example because they are awaiting builder’s estimates. As the flood waters have receded in most areas, individuals are now in a better position to assess the extent of the damage to their homes. It is expected that large scale claims will be received over the coming weeks. Application forms and information about the Humanitarian Assistance Fund are available from the Department of Social and Family Affairs website, www.welfare.ie . This material is also available through the Citizens Information Service, and the HSE website (www. HSE.ie).

Departmental Reports. 249. Deputy John O’Mahony asked the Minister for Social and Family Affairs the number of reports and task forces set up and commissioned in her Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if she will make a statement on the matter. [2631/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Social Welfare Benefits. 250. Deputy Denis Naughten asked the Minister for Social and Family Affairs her plans to review the decision to impose cuts to the dental benefit scheme; and if she will make a statement on the matter. [2654/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Treatment Benefit scheme is paid from the Social Insurance Fund (SIF). Although the SIF has operated a surplus since 1996, this position began to change last year, and expenditure had to be partially funded from the accumulated Exchequer surplus. It is estimated that the accumulated surplus will be completely exhausted in the first half of 2010, and that Exchequer will be required to subvent the SIF by in excess of €1 billion. The expenditure pressures on the Fund will continue in the near future. Against this background, the most pressing needs right now are to ease the pressure on the SIF and to get the public finances back on track.

1062 Questions— 21 January 2010. Written Answers

The Dental Examinations have been retained. This is intended to encourage customers to continue attending for checkups and so to address some of the concerns expressed regarding the population’s dental health. I would emphasise that the Treatment Benefit scheme has not been abolished, only revised for 2010. Although the scheme has been limited to examination only for 2010, customers will still qualify in the normal way through their PRSI contributions. The scheme will be reviewed again towards the end of the year, when a further decision will be made taking account of the prevailing circumstances at that time.

Community Development. 251. Deputy Tom Hayes asked the Minister for Social and Family Affairs the names of community organisations based in south Tipperary receiving funding from her Department for community programmes and the funding received by those organisations in 2009. [2675/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Family Support Agency funds the Family and Community Services Resource Centre Programme and the Scheme of Grants to voluntary organisations providing marriage, child and bereavement counselling. There are two Family Resource Centres in South Tipperary and they received funding of €203,220 in 2009. Seven organisations received funding of €85,150 under the 2009 Scheme of Grants. The details of these organisations are given in the following Appendix.

Table 1: Core Funding for FRCs in South Tipperary 2009

€

Spafield FRC, Cashel 118,065 Three Drives FRC, Tipperary Town 85,155

Total 203,220

Table 2: South Tipperary Organisations funded under 2009 Scheme of Grants

€

Knockanrawley Resource Centre, Tipperary Town 60,000 Rainbows Presentation Primary, Clonmel 850 St Michael’s Bereavement Support Group, Tipperary Town 900 Presentation Secondary School, Clonmel 8,000 Rainbows Outreach Clonmel 2,000 Spafield Family Resource Centre, Cashel 8,300 Three Drives FRC, Tipperary Town 5,100

Total 85,150

Social Welfare Benefits. 252. Deputy Dan Neville asked the Minister for Social and Family Affairs the position regarding the contributory pension in respect of a person (details supplied) in County Limerick. [2692/10]

[Deputy Mary Hanafin.] being the joint owners of a property, are treated as individual self-employed contributors and are thus liable to social insurance contributions. On foot of a Programme for Government commitment an information leaflet, ‘Working with your spouse: how it affects your social welfare contributions and entitlements’, has been developed between the Department of Social & Family Affairs and the Revenue Commissioners to set out the social welfare and tax implications of families co-working in a shared business. It was published on the 25th of June, 2008. The leaflet clarifies that spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria. In this way, both spouses incur a liability to pay self-employed PRSI and build up entitlement towards a contributory state pension and other social welfare benefits. It is open to any person to apply for recognition of a commercial partnership. However, to be eligible for State Pension, the legislation stipulates that at least 52 self-employment contributions must be paid by a person before they reach 66 years of age. Contributions paid by a pension applicant’s spouse do not satisfy this condition. Applications for pension or benefit are submitted and processed in the usual way. The qualifying conditions for State Pension (Contributory) require the applicant to:

• have entered insurable employment before attaining the age of 56 years

• have at least 260 paid contribution weeks since entry into insurance

• satisfy the yearly average condition.

In addition, Section 110(1) of the Social Welfare (Consolidation) Act 2005 provides that a self- employed contributor shall not be regarded as satisfying the qualifying conditions unless:

(a) the person has paid self-employment contributions in respect of at least one contribution year before attaining pensionable age, and

(b) all self-employment contributions payable by him or her have been paid.

According to the records of this Department, the self-employment contributions were all paid by the person concerned after her 66th birthday. She does not therefore satisfy the condition at (a) above and has no entitlement to a State Pension (Contributory) and has been notified of this decision on the 12th January 2010. Section 110(1)(a) of the Social Welfare Consolidation Act, 2005, has been on the statute books for over twenty years and therefore, there has not been a change in policy in relation to the requirement to have paid self employment contribution prior to reaching age 66 in order to qualify for a State Pension (Contributory). An overpayment will be determined in the above case and the customer will be notified and requested to repay the amount involved. However a Recovery Officer may reduce /cancel an overpayment based on the circumstance of an individual case, in line with the governing legislation. In conclusion, therefore, it should be noted that while the publication of the leaflet ‘Working with your spouse: how it affects your social welfare contributions and entitlements’ clarified existing procedures in relation to the recognition of commercial partnerships between husbands and wives for social insurance purposes, including retrospective payment of social insurance, it did not involve a change in existing policy or administration. In particular, the clarification of the position did not alter people’s potential entitlements and all applicants for the state pension (contributory) must continue to satisfy the eligibility conditions as contained in legislation, and outlined above.

1064 Questions— 21 January 2010. Written Answers

The department understands and apologises for the upset and distress caused to this person and regrets the administrative error involved.

Tribunals of Inquiry. 253. Deputy John McGuinness asked the Minister for Social and Family Affairs the number of tribunals of inquiry conducted by her Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2734/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): This Department has not conducted any tribunals of enquiry.

Departmental Agencies. 254. Deputy John McGuinness asked the Minister for Social and Family Affairs the number of bodies and agencies operated under the remit of her Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if she will make a statement on the matter. [2748/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The four statutory bodies operating under the aegis of the Department are the Pensions Board, the Citizens Information Board, the Family Support Agency and the Social Welfare Tribunal. In addition the Pensions Ombudsman comes under the remit of the Department. The total expenditure for each of the Agencies/Boards under the aegis of the Department in the years 2006 to 2008 and provisional expenditure for 2009 is outlined in the following table. From 1 July 2009, the Combat Poverty Agency integrated with the former Office for Social Inclusion within the Department of Social and Family Affairs, to form the new Social Inclusion Division within the Department. Responsibility for the Money Advice and Budgeting Service (MABS) transferred to the Citizens Information Board on 13 July 2009. There are no further plans to abolish or amalgamate any of the Boards/Agencies under the aegis of the Department at present.

Name of Statutory Body Total Expenditure for each year

€m

Family Support Agency 2006: 26.506m 2007: 35.339m 2008: 35.981m 2009: 35.707m

Social Welfare Tribunal 2006: NIL 2007: NIL 2008: 155.00 2009: 6,000.00

Office of the Pensions Ombudsman 2006: 0.790m 2007: 0.910m 2008: 0.961m 2009: 0.936m

1065 Questions— 21 January 2010. Written Answers

[Deputy Mary Hanafin.] Name of Statutory Body Total Expenditure for each year

€m The Pensions Board1 2006: 6.600m 2007: 6.630m 2008: 6.7m 2009: 6.3m1

Combat Poverty Agency 2006: 4.310m 2007: 4.320m 2008: 4.100m 2009: 1.4m (1 Jan-30 Jun 2009)

Comhairle 2006: 24.996m (Comhairle combined the functions of the former National Social Services Board with certain functions of the former National Rehabilitation Board) Citizens Information Board 2007: 29.900m (The Comhairle name was changed to Citizens 2008: 30.106m Information Board in February 2007 under the Citizens Information Act 2007) 2009: 28.200m

Social Welfare Benefits. 255. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when one parent family allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2927/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned claimed one parent family payment from 21 May 2009. His claim was disallowed on 11 September 2009 as he failed to disclose his means. He lodged an appeal on 30 September 2009 and his file was sent to an inspector for a review of his case. The inspector contacted the person concerned on 9 October 2009 and requested a P45 or a letter from his employer and bank statements. As the details requested were not furnished, the inspector contacted him again by telephone on 9 November 2009 and advised him to contact her if he had any difficulty in furnishing the required details. Some details were subsequently received but a number of the documents requested remain outstanding. The person concerned is currently in receipt of supplementary welfare allowance. The community welfare officer was contacted on 19 January 2010 and has advised that the person concerned has been requested to furnish documentation relating to his means. The community welfare officer has undertaken to forward copies of any documentation received directly to the inspector so that the review can proceed.

256. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if the relevant section of her Department will confirm that for the purposes of qualification for an old age pension on foot of self employment contributions in the case of a person (details supplied) in County Kildare a partnership exists; if, in view of a readjustment or division of contribution requirements, a specific amount of pension will be payable without incurring a liability for retrospective contributions in the event that they fail to qualify; and if she will make a statement on the matter. [2928/10] 1066 Questions— 21 January 2010. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): To date, no application for commercial partnership has been received in the case of the person mentioned (details supplied). To qualify for a State Pension (Contributory) a number of conditions must be satisfied, including the condition that a person must have entered into Social Insurance before attaining age 56. Department’s records show that the person concerned first paid self-employment contributions on 6th April 1991. As she attained aged 56 on 1st October 1984 she had not entered insurance prior to age 56 and could not, therefore, qualify for a State Pension (Contributory).

257. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when carer’s allowance will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2929/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for Carer’s Allowance on 30 December 2009. On 5 January 2010 the case was referred to an Investigative Officer of this Department for means assessment and confirmation that the conditions necessary for receipt of the allowance are satisfied. On completion of the necessary investigations a decision will be made and he will be notified directly of the outcome. Under Social Welfare legislation, decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These Officers are statutorily appointed and I have no role in regard to making such decisions.

258. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position regarding an application for one parent family allowance in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [2935/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned claimed one-parent family payment from 24 April 2008. The claim was disallowed on 12 January 2009 on the grounds that she was not a qualified parent for the purpose of the one parent family payment scheme. She appealed the deciding officer’s decision on 19 January 2009 and the decision was upheld by an appeals officer on 7 September 2009. The person concerned made a new application for one-parent family payment on 8 October 2009. Having discussed the application with her, the deciding officer considered that as there was no change in her circumstances since the appeal hearing the previous month, the previous decision stood and advised her of the position. It is open to the person concerned to re-apply for the one-parent family payment in the event of a change in her circumstances.

Social Welfare Code. 259. Deputy Paul Kehoe asked the Minister for Social and Family Affairs the position in relation to the spouse and partner of self employed persons who applied through the scope section of her Department to have their PRSI split back dated to 1988; if her attention has been drawn to problem which has now arisen in respect of persons who were over pensionable age when they made this application where her Department has now written to them seeking to cancel the pension which was already granted as a result of thorough investigations by her Department , and are looking for a proposal to have the money taken back.; the basis for this request; if the reason is due to the fact that because the persons were over the age of pension when the PRSI was split, had not paid one contribution before reaching the pension age; the

1067 Questions— 21 January 2010. Written Answers

[Deputy Paul Kehoe.] way this could occur when one spouse would have paid the PRSI from 1988 onwards in respect of themselves and now it is accepted that this PRSI is also in respect of their spouse; her views on the fact that this is going to create considerable hardship on pensioners, in particular those who may be in their early to mid-70s who would have got a lump sum from her Department in respect of back pension and who would have done nothing wrong except operate within the scheme as dictated by her Department; and if she will make a statement on the matter. [2938/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Spouses who are actively engaged in a commercial partnership, including the operation of a farm, as opposed to simply being the joint owners of a property, are treated as individual self-employed contributors and are thus liable to social insurance contributions. Spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria. In this way, both spouses incur a liability to pay self-employed PRSI, and build up entitlement towards a contributory state pension and other social welfare benefits. On foot of a Programme for Government commitment an information leaflet, ’Working with your spouse: how it affects your social welfare contributions and entitlements’, has been developed between the Department of Social & Family Affairs and the Revenue Commis- sioners to set out the social welfare and tax implications of families co-working in a shared business. It was published on the 25th of June, 2008. To date, more than one thousand applications for commercial partnership status have been received. Of these, 579 applications have been finalised, of which 508 cases are approved. To qualify for a State Pension (Contributory), a number of conditions must be satisfied.

• A person must have at least 260 paid social insurance contributions

• have a yearly average of at least 10 contributions paid or credited since entry into social insurance,

• must have entered into social insurance before attaining the age of 56 years.In addition,:-

• Section 110 (1) of the Social Welfare (Consolidation) Act of 2005 provides that a self- employed contributor shall not be regarded as satisfying the qualifying conditions for State Pension Contributory unless:

• the person has paid self-employment contributions in respect of at least one contribution year before attaining pensionable age (66),

and

• all self-employment contributions payable by him or her have been paid.

It is open to any person to apply for recognition of a commercial partnership. However, to be eligible for State Pension, the legislation stipulates that at least 52 self-employment contributions must be paid by a person before they reach 66 years of age. Contributions paid by a pension applicant’s spouse do not satisfy this condition. Following a review of these pension claims, it was discovered that a number of individuals who had been in receipt of pension did not satisfy the condition whereby they were required to have paid at least one year’s self-employment contribution before reaching age 66. As they

1068 Questions— 21 January 2010. Written Answers did not satisfy this condition, the claims were disallowed, from the date of pension award, and the customers notified. Overpayments will be determined in the above cases and the customers will be notified and requested to repay the amounts involved. However a Recovery Officer may reduce or cancel an overpayment based on the circumstances of an individual case, in line with the governing legislation. It should be noted that while the publication of the leaflet ‘Working with your spouse: how it affects your social welfare contributions and entitlements’ clarified existing procedures in relation to the recognition of commercial partnerships between husbands and wives for social insurance purposes, including retrospective payment of social insurance, it did not involve a change in existing policy or administration. In particular, the clarification of the position did not alter people’s potential entitlements and all applicants for the state pension (contributory) must continue to satisfy the eligibility conditions as contained in legislation, and outlined above. The department understands and apologises for the upset and distress caused to these people and regrets the administrative error involved.

260. Deputy Paul Kehoe asked the Minister for Social and Family Affairs the position regarding the payment of rent allowance to tenants in private housing; if her attention has been drawn to the fact that there would appear to be different rules in different areas, namely in some cases the rent allowance is paid to the tenant and in other cases it is paid directly to the landlord; her views on the fact that there could be abuse when paying the rent allowance to the tenant and it would not be paid over to the landlord; and if she will make a statement on the matter. [2939/10]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the Depart- ment 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 is subject to 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. 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.

1069 Questions— 21 January 2010. Written Answers

Departmental Agencies. 261. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of staff employed in each agency that derives from her Department at the end of 2007, 2008, and 2009; and if she will make a statement on the matter. [3214/10]

Name of Board/Agency Total staff numbers each year

The Pensions Board 2007: 37.0 2008: 39.5 2009: 37.0

Citizens Information Board 2007: 92.0 (The Comhairle name was changed to Citizens Information Board in 2008: 88.0 February 2007 under the Citizens Information Act 2007) 2009: 88.0

Family Support Agency 2007: 42.49 2008: 38.98 2009: 40.19

Social Welfare Tribunal 2007: Nil 2008: Nil 2009: Nil

Office of the Pensions Ombudsman 2007: 10.0 2008: 10.0 2009: 10.0

Combat Poverty Agency 2007: 25.1 2008: 22.1 2009: 18.71

Departmental Reports. 262. Deputy John O’Mahony asked the Minister for Defence the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2623/10]

Minister for Defence (Deputy Willie O’Dea): There were no task forces set up or commissioned in my Department in 2007, 2008 or 2009. The information sought by the Deputy in relation to reports, commissioned in this period, is set out in the table.

1070 Questions— 21 January 2010. Written Answers

Year Status of Report Reason Cost

€

2007 Completed To Carry out Independent Quality Assessment of 2,904.00 VFM Review of Clothing Procurement in the Defence Forces. The Report was received in August 2007. 2007 Completed To Undertake Research Into The Issue Of 48,000 Recruitment And Retention Of Women In The Defence Forces, To Assist In The Formulation Of Policy And Practice In This Area.

2008 Completed To make recommendations on the best means of 95,000 meeting the medical requirements of the Defence Forces. 2008 Completed To Carry out a study to review and evaluate options 30,129.00 for bracken control in the Glen of Imaal and identify a plan for its control. 2008 Completed To engage an external expert to chair the 37,109.12 Independent Monitoring Group to review progress made by the PDF since the publication in 2004 of the report ‘Response to the Challenge of a Workplace”. 2008 Completed To carry out a review of the Safety Policy at 50,000 Casement Aerodrome, Baldonnel.

2009 Completed To examine the business processes, procedures and 80,550 business structures in operation in the Finance Branch and to provide a report making recommendations for improvements in order to maximise efficiency and effectiveness. 2009 Completed To carry out a value for money review of the Naval 2,800 Service Vessel maintenance. The objective of the review was to ensure value for money. 2009 In Progress — the Report To conduct a value for money review of Military 90,000 is Due in Early 2010 training lands. The objective of the review is to ensure value for money. Total value of the contract is €90,000, two staged payments amounting to €60,500 have been made to date. 2009 Completed To provide an independent review of documentation 2,430 in relation to a legal action initiated by a staff member. 2009 Completed To review ‘Oracle’ licence arrangements in the 2,308 Department and the Defence Forces.

The objective of all reports commissioned is to ensure that my Department achieves value for money and to implement recommendations for improvements in order to maximize efficiency and effectiveness.

Commemorative Events. 263. Deputy Jimmy Deenihan asked the Minister for Defence if he has plans to stage a permanent exhibition of the 1916 Rising including the Stanley Collection in the General Post Office for the 1916 commemoration; and if he will make a statement on the matter. [2643/10]

Minister for Defence (Deputy Willie O’Dea): The future use of the GPO including the possible development of cultural and amenity projects is under consideration. The decision on its future use will have regard to all advice and suggestions received. 1071 Questions— 21 January 2010. Written Answers

Tribunals of Inquiry. 264. Deputy John McGuinness asked the Minister for Defence the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2726/10]

Minister for Defence (Deputy Willie O’Dea): In response to the Deputy’s question I wish to state that there were no tribunals of enquiry conducted by my Department and therefore no costs have been incurred to date in 2010.

Departmental Agencies. 265. Deputy John McGuinness asked the Minister for Defence the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2740/10]

Minister for Defence (Deputy Willie O’Dea): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The information requested in relation to the yearly costs is as follows:

Name of Agency Cost 2009 Cost 2010 €€

Civil Defence Board 6,148,000 (Grant In Aid) 6,148,000 (Grant In Aid) Army Pensions Board 104,000 110,000

Coiste an Asgard received a National Lottery grant in the sum of €830,000 in 2009. In the context of settling the Estimates for my Department for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding has been provided in 2010. No Agency or Body under the aegis of my Department has been abolished or amalgamated in the past four years.

266. Deputy Joanna Tuffy asked the Minister for Defence the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3207/10]

Minister for Defence (Deputy Willie O’Dea): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The information in relation to the number of whole time equivalent staff employed in the Agencies in 2007, 2008 and 2009 is set out in the following table:

Name of Agency 2007 2008 2009

Civil Defence Board 21.6 24.6 24.6 Army Pensions Board 2.0 2.0 2.0 Coiste an Asgard 2.0 2.0 2.0

I would like to reassure the Deputy that I am satisfied that staffing levels in the Agencies under the aegis of my Department are appropriate and that I remain committed to ensuring that the delivery of services by the Agencies is as efficient and effective as possible. 1072 Questions— 21 January 2010. Written Answers

Departmental Expenditure. 267. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the financial cost to the State of the recent cold weather; and if he will make a statement on the matter. [2949/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information sought is not available in my Department. Costs incurred by local authorities are not yet available.

Planning Issues. 268. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of times since 2007 to date in 2010 that his Department has initiated, or been party to, a court case against An Bord Pleanála or another Department or agency; and if he will make a statement on the matter. [2950/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is being compiled and will be forwarded to the Deputy as soon as possible.

Water Services. 269. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the amount of resources allocated to the next phase of the water investment programme that is dedicated to water mains improvement or maintenance; and if he will make a statement on the matter. [2951/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No 907 of 19 January 2010.

Departmental Reports. 270. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2626/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The tables set out the information requested in the question. The first table details Task Forces established in my Department in 2007, 2008 and 2009 and any reports arising. The second table details reports commissioned and paid for by my Department during the same years. Reports prepared internally such as Annual Reports and other reports associated with the ongoing work of the Department are not included.

1073 Questions— 21 January 2010. Written Answers € as applicable Report Published € 29,834 2007 € Completed? Commissioned/ 20 implications of the siting and location of adult entertainment venues. € Reports Commissioned by the Department Task Forces Commissioned by Department million. The Process Auditorthat function procedures is and to processesproject check are complies such with that allnational, the the local relevant, or EU, projectadministrative specific, procedures regulatory and and proceduresby adopted Project Manager/Project Board. Entertainment planning land use To conduct a Draft New Tentative List made available for See across List prepared N/A — s World Heritage public consultation on 2nd November 2009 Title of Report Reason for Report Report Cost Year ’ Title of Task Force (if applicable) Title of Report Reason for Report Report Completed? Cost review of Ireland Scheme (DBO) project with a capital value in excess of the Irish Heritage Trustand Limited Gardens, of Co. Fota Cork House Heritage Trust Limited of Fota House and Gardens, Co. Cork Tentative List Expert Advisory Group Task Force on Adult Entertainment Report of the Task Force on Adult To examine theProcess Audit Report on Waterford Sewerage No A Process Auditor is appointed for every PPPIndependent Assessment of Proposed N/A Acquisition by Ongoing Assessment of Proposed Acquisition by the Irish Yes 14,520 2007

1074 Questions— 21 January 2010. Written Answers as applicable Report Published € Completed? Commissioned/ forecast Reports Commissioned by the Department Ireland. and/or destruction thereto. appropriate Programme nationally industry and potential futurepolicy trends to inform 1 annual, 1 preliminary To examine individual leases and make Yes 35,090 2007 — Title of Report Reason for Report Report Cost Year Conclusion of Local Lease Arrangements recommendations on termination of leases where Lobbyists in Canada, theInstitutions. USA, the EUScheme (DBO)Powergen lobbyists sector in public life in certain jurisdictions ExpenditureProgramme thereby facilitating their relevance to public life in Schemes the Powergen sector recoupment by local authorities archaeological monuments and risk of damage Examining and Assessing the Regulation ofProcess Audit Report on Mullingar To Sewerage analyse the formal systems for regulatingAnalysis of national emissions of pollutants from See previousReview Process of Audit the Reports operation for of Sewerage Yes To Local analyse Authority the Capital national emissions ofQuality pollutants review from Yes To of review Rural the Water pattern Programme of report Yes capital expenditureMonitoring of Archaeological Monuments Quality Assessment of VFM Review of Rural Water YesNational 34,000 Yes Litter Pollution Monitoring System Report Pilot project 5,261 to ToStorage monitor provide of change information 29,950 Electronic to on Voting condition the Equipment of litter position 2007 Construction Industry Reports Yes 58,503 2007 Yes 2007 3,630 2007 2007 94,985 104,398 An independent overview of the construction 2007 2007 Yes, 4 quarterly, 117,954 2007

1075 Questions— 21 January 2010. Written Answers as applicable Report Published € Completed? Commissioned/ s Ringsend ’ Reports Commissioned by the Department relevant to the preparationmanagement of plans river by basin local authorities. increase in criminality in Limerick nationally s Ringsend Relating to Dublin City Council ’ Former Irish Steel Plant Environmental Assessment of Site Condition Yes 355,857 2008 — Title of Report Reason for Report Report Cost Year Peer review of WYG Environmental Peer Review Yes 22,959 2008 — Wastewater Treatment Plant Wastewater Treatment Plant Options for ImprovementRelating to Dublin City Council Supply Scheme improvement overon 2005 the Part economic L aspects standards Directive of the Water Framework development of guidelines, including the provision Strategic Reviews and Proposalsand for Developing Strengthening the Boards Environmental Report (2008) Schemes of training for undertaking economic analysis Report 2008 Energy Efficiency Regulations for New Dwellings &Limerick Analysis Regeneration of Programme the options available to achieve 40%A Review of and Report on Certain Yes MattersProcess Audit Report on Navan / Report Mid-Meath commissioned Water by A Government Review following ofDraft and terms See Report of previous on reference Process Certain for Audit Matters preparation Reports of for guidance Sewerage Yes 107,779 This report was requested to ongoing co-ordinate the YesIndecon Review of County/City Development Board To support 2007 the Yes process ofUrban Reviewing Design CDB Guide Strategies 21,764 YesWhite Young Green 0 34,345Sirius 2007 National Litter 3,932 Pollution Monitoring System 2008 Report 93,170 2008 To provide information on the litter position 2008 To supplement planning guidance 2008 Yes Yes 101,203 2008 240,000 2008

1076 Questions— 21 January 2010. Written Answers as applicable Report Published € Completed? Commissioned/ s role in the management Yes 29,415 2008 ’ Reports Commissioned by the Department areas in 8 local authority areas Ireland Plan. boundaries and memberships ofareas local in electoral 30 local authority areas legislation. Monasterboice Crosses. national monument. Rath Lugh To assess impact of adjacent road development on Yes 3,257 2008 — Title of Report Reason for Report Report Cost Year Drainage and oversight of this contract Committee Report 2008Electoral Commission in IrelandRegulation 842/2006 on CertainGreenhouse Fluorinated Gases (F-gases). boundaries and memberships implementation of establishment model local of for electoral an EU Electoral F-GasConservation Commission Regulation Study in 842/2006 area and to inform input to County Development Electoral Area Boundary Committee Report 2008 To reviewDublin and and make Cities recommendations Electoral regarding Area the Boundary YesPreliminary Study on the Establishment of an To review and make recommendations regarding theStudy on Meeting the Yes Requirements of To European make recommendations regarding the 10,415Report To on facilitate outcome the of process Contract of 4.2 designing Limerick the Main optimalKnocknarea, Carrowmore and Carns To Hill review the Yes Department Yes 2008 5,101Irish Battlefields Project ToMonasterboice identify Conservation replanting Study options for large tree felled 2008 Geotechnical Consultancy 84,658 8,400 Yes To assess options 2008 2008 for preservation Research and as display input of to the review of national monuments Yes 71,148 Yes 2008 39,160 290,542 2008 2008

1077 Questions— 21 January 2010. Written Answers as applicable Report Published € Completed? Commissioned/ forecast Dwellings — Reports Commissioned by the Department Skellig Michael industry and potential futurepolicy trends to inform 1 annual, 1 preliminary limiting thermal bridging inL accordance Conservation with of TGD Fuel and Energy 2007 Production of a set of generic Acceptable Yes 19,011 2008 — Title of Report Reason for Report Report Cost Year River Barrow Abstraction Water Schemes — /Lusk Waste Water Treatment Plantorproposed to the Worldof Heritage Ireland Tentative Listretrieved during Ireland archaeological excavationsSkellig on Michael Schemes analysisthe required Irish to Heritage reconstruct Trust theHouse, Limited environmental Garden of and Annes HomeMallow, Grove Farm, Co Castletownroche, Cork. Garden Heritage and Trust Home Limited Farm, of Castletownroche, Annes Grove House, Scheme conditions and possible diet of the early monks on Mallow, Co Cork. Treatment Plant Acceptable Construction Details Construction Details that can be accepted as Construction Industry ReportsProcess Audit Report on Portrane/Donabate/ RushReport See on previous visits Process to Audit properties Reports included on in, Sewerage An independent overview of theAn construction assessment ongoing of the palaeo environmental samples This Review work of is World an Yes, Heritage essential 4 Tentative part quarterly, List ofIndependent of the Assessment Sites post-excavations of in Proposed Acquisition by Yes Yes Assessment of 117,954 Proposed Acquisition by the Irish 0 Limiting Thermal Bridging & Air Infiltration Yes 2008 3,473 Process 9,574 Audit Report on Kildare Water Supply 14,520 See previous Process Audit 2008 Reports on Sewerage Yes 2008 7,839 2009

1078 Questions— 21 January 2010. Written Answers Report applicable Published as Final 2009 — € 30,000 which was € Education shared equally by this 15,000 Note: Full cost of 2009 € Department and Dept of 168,171.35 to date € report was Completed? Commissioned/ Research Project Yes * — Reports Commissioned by the Department bathing waters in theprovide high an season overview and ofmanagement to key issues quality including and information provided to bathers. our overall water quality Major Waste Study to underpin International Yes Strategic SEA on Proposed Cap on amount of MSW that Yes 43,284 2009 — — Title of Report Reason for Report Report Cost Year International Review of WastePolicy Management Review of Waste Management Policy provided for in Invoice Programme Awaited for Government on Wateron plastic shopping bagsfacilities and certain wasteEnvironmental Assessment Waste Management Act, to raise plastic and bag behaviours that will arrest the decline of Report can be Incinerated and other Matters levy and certain waste facilities nationally Bathing Water Survey Report 2008A Blueprint for a Purpose Public was Awareness to Campaign check the use of Framework the of coastal anCommunity awareness Consultants strategy on actions Yes YesRIA on proposed legislation to increase levies Examination of 2Eunomia proposed Research amendments and Waterford to Consulting Youth Service Eunomia Research and Yes 77,430 Consulting 16,950National Litter Pollution Monitoring System To provide information 2009 2009 on the litter position Yes 72,341 2009 110,007 2009

1079 Questions— 21 January 2010. Written Answers Report applicable Published as Commissioned/ € Report on Legislation 3,858 2009 — Completed January 2009 — Reports Commissioned by the Department projects funded by thedelivered Department either and by localdirectly authorities by or the Department. national monuments legislation industry and potential futurepolicy trends to inform preliminary forecast implementation of EN 1992design on in structural Ireland andNational to Annex produce for a thecode draft first two parts of this implementation of EN 1996design on in structural Ireland andNational to Annexes produce for draft all parts of this code timber frame houses. ConcreteMasonry To technically evaluate the impact of To technically Yes evaluate the impact of Yes 81,860 2009 65,138 2009 — — Title of Report Reason for Report Report Completed? Cost Year Associated Training Consultancy checks and post project reviews of capital Review of spot-Checks of Capital Projects and To carry out a series of independent spot-Review of Archaeological Policy and Practice YesConstruction Industry To Reports inform Ministerial policy and reviewEurocode 2 Study Part 1 An independent overview of the constructionEurocode 6 Study Yes, 4 quarterly, 1 annual, 1 545,048Code of Practise on Timber Frame Houses 99,048 2009 Need to set a standard code of practise for 2009 Yes 67, 765 2009

1080 Questions— 21 January 2010. Written Answers 2010 request. 49,800 Due to be completed June € € 80,180.83** 2009 € 2007-2009 period in 2010 Completed? Published as applicable s ’ s ’ Reports Commissioned by the Department various Water Services capital schemes figure relates to total paid in perceived by local authorities business arising from theLegislation Dept & Regulations Agreement. Title of Report Reason for Report Report Cost Year Commissioned/ Report Parks and Wildlife ServiceResearch to Ireland Proposalsof Traveller Accommodation providing Traveller Accommodation as funding from the 9 NSS completed Gateways information. Available on Development Report Proposal & Study Strategic Review of theScheme Capital for Funding Voluntary & Cooperative Review undertaken in response toFinal commitments Account given Reports in (various Government schemes) Review of Final AccountsOrganisational provided Yes review for of the National ongoing Administrative Burden Organisational Report review of the NPWSEvaluation of European Spatial 160,000 Network No, to be To identifyEvaluation To administrative of assess burden Gateway relevance costs Innovation of on Fund research to Ireland YesResearch into To Yes the assess Barriers and to evaluate the proposals Provision for To 183,945 inform the NTACCNPWS of Data the Management barriers Framework to Yes 2009 Yes NPWS Data Management Framework 9,112 48,376 No n/a 73,689 6,136 Estimated 2009 2009 Not published. For NTACC 2008 Housing Housing Policy Statement and Partnership

1081 Questions— 21 January 2010. Written Answers as applicable Report Published € due 88,615 2010 — Completed? Commissioned/ s No 8,400 2010 ’ Reports Commissioned by the Department World Heritage Sites completed in house butexternal final quality draft assessor sent for to review. an 2010 and to assessconstruction the types performance when of combinedinsulation. these with internal Title of Report Reason for Report Report Cost Year Dwellings 2010 backstop U Values to be used in TGD L Dwellings in 2010 Rental Accommodation Scheme Policy Reviews agreed by the Government. Report support TGD L Conservation— of Fuel and Energy Acceptable Construction Details for the new for completion Assessment of Acceptable Construction Details to Assessment of thermal performance of DEHLGClimate Change Study Not yet Interim Value for Money and Policy Review of the Part of the 2006-2008 round of Value for Money and November 2009 To ascertain impact of climate change 3,645 on Ireland 2010

1082 Questions— 21 January 2010. Written Answers

Pension Provisions. 271. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if the public service pension levy applies to retained firemen; and if he will make a statement on the matter. [2633/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Financial Emergency Measures in the Public Interest Act 2009 states that any public servant, who is a member of a public service pension scheme, is entitled to a benefit under such a scheme, or receives a payment in lieu of membership in such a scheme, is subject to a deduction from their remuneration. In 2008, retained firefighters were given the option of joining the Local Government Super- annuation Scheme (LGSS). Retained firefighters who opted not to join the scheme receive, on retirement, a gratuity of 1/8th of the annual retainer multiplied by the number of years of actual service (up to a maximum of four times the annual retainer). This is a payment in lieu of membership of a pension scheme, and as such retained firefighters are subject to the deduction outlined in the Financial Emergency Measures in the Public Interest Act 2009.

Planning Issues. 272. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he will confirm if the Waterways housing estate in Sallins, County Kildare, is built on a flood plain; and if he will make a statement on the matter. [2635/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Questions No. 898 and 910 of 19 January 2010.

Control of Dogs. 273. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the number of dogs put down monthly in 2009 on a county basis in tabular form. [2648/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department is currently in the process of compiling statistics for 2009 in relation to dog control, and I will ensure that information on the number of dogs put down in 2009 by county will be conveyed to the Deputy when the statistics are available next month.

Social and Affordable Housing. 274. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government his views on making provisions to enable the buy out of any clawback without having to sell the property when current market price is at or about the original affordable price; and if he will make a statement on the matter. [2685/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The primary purpose of the clawback regime is to prevent short- term profit-taking on the resale of affordable homes. At present there is no legislation providing for the discharge of the clawback while the homeowner remains in residence and I have no plans to alter the claw-back arrangements for owners of homes already purchased under the existing affordable housing schemes.

1083 Questions— 21 January 2010. Written Answers

Water and Sewerage Schemes. 275. Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if the tendering process for a scheme (detail supplied) in County Cork is under way; and if he will make a statement on the matter. [2690/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Last year, my Department approved Cork County Council’s contract documents for the Mallow/Ballyviniter Regional Water Supply Scheme, which was approved for funding under my Department’s Water Services Investment Programme 2007-2009. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently considering these assessments, which 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. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year.

Tribunals of Inquiry. 276. Deputy John McGuinness asked the Minister for the Environment, Heritage and Local Government the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2729/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Tribunal of Inquiry into Certain Planning Matters and Payments was established by order of the Minister for the Environment, Heritage and Local Government to inquire into and report on various planning matters, set out in resolutions passed by Dáil Eireann and Seanad Eireann on 7 and 8 October, 1997 respectively. The Tribunal costs in 2010 (up to 19 January 2010) are approximately €76,000, while the overall cost of the Tribunal since its inception is of the order of €98 million. I am advised by the Tribunal that it hopes to complete its report by the end of May 2010, with publication shortly thereafter; this is dependent on there being no unforeseen delays arising due to, inter alia, further litigation or the need to hear further evidence. The award of third-party costs arising from 2003 onwards will be dealt with by the Chairman after the publication of the final report and, according to the Tribunal, will likely take some 6 months. It is not possible to give an accurate estimate of the final cost of the Tribunal. The Comptrol- ler and Auditor General, in his Special Report 63 : Tribunals of Inquiry of December 2008, indicated a total cost of the Tribunal of between €171m and €194m, including third party costs of between €84m and €104m. The Comptroller and Auditor General did note, however, that third party costs could be much higher if a final pattern resembling previous tribunals were to emerge. A copy of the report is available on the Comptroller and Auditor General’s website at www.audgen.gov.ie

Departmental Bodies. 277. Deputy John McGuinness asked the Minister for the Environment, Heritage and Local Government the number of bodies and agencies operated under the remit of his Department;

1084 Questions— 21 January 2010. Written Answers the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2743/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Details in respect of funding provided directly by my Department to agencies and bodies under the aegis of my Department in 2009 are set out in the table below. Such agencies and bodies may be funded solely by my Department or through a combination of income from my Depart- ment, local authorities and other funds including their own resources and fees. Additional funding may on occasion be provided to agencies in respect of specific projects. The functions of the Fire Services Council are being undertaken by my Department since the term of office of its members expired on 30 June 2009. It is not intended to reappoint a Council. The administrative functions of the Rent Tribunal were transferred to the PRTB with effect from 1 October 2009. In 2010 the Affordable Homes Partnership and the National Building Agency, along with the Centre for Housing Research and the Homeless Agency, will merge to form a new Housing and Sustainable Communities Agency (HSCA). The HSCA will work with and assist my Department and Local Authorities in their objective of delivering sustainable communities in a high quality living environment, by advising on and assisting in policy development and implementation, providing specialist support services, facilitating the provision of good quality housing and neighbourhoods and ensuring that development takes place in a manner that respects people, surroundings and the long-term common interest. It is hoped that the new Agency will be established in the first half of 2010. The Limerick Northside and Southside Regeneration Agencies are already serviced by a single executive. It is proposed formally to merge both agencies, thereby achieving greater efficiencies. In 2010, the Local Government Management Services Board and the Local Government Computer Services Board will merge to become the Local Government Management Agency.

Name of body/board Funding Provided by DEHLG in 2009 €

Affordable Homes Partnership 3,210,000 An Bord Pleanála 15,331,000 Building Regulations Advisory Board 11,007 An Chomhairle Leabharlanna None Comhar Sustainable Development Council *465,332 Designated Areas Appeals Advisory Board 42,708 Dublin Docklands Development Authority None Environmental Protection Agency **51,532,000 Fire Services Council 170,000 The Heritage Council 10,142,000 Housing Finance Agency None Irish Water Safety 556,000 Limerick Northside Regeneration Agency 5,605,441 (for both agencies) Limerick Southside Regeneration Agency See above Local Government Computer Services Board None

1085 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.] Name of body/board Funding Provided by DEHLG in 2009 € Local Government Management Services Board None National Building Agency None Private Residential Tenancies Board 999,800 Radiological Protection Institute of Ireland (RPII) 4,245,000 The Rent Tribunal 27,750 *Environment Fund. **Vote and Environment Fund.

Local Government Reform. 278. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when he will publish the White Paper on Local Government Reform. [2760/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The issues to be addressed in the Local Government White Paper are currently under consideration by Government and the White Paper will be published, as soon as possible on finalisation of the Government’s deliberations.

Water and Sewerage Schemes. 279. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he has received revised contract documents for the Castlewarden to Ballygoran water supply scheme in County Kildare. [2761/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Kildare Water Supply Scheme Phase 2 (Castlewarden to Ballygoran) was included in my Department’s Water Services Investment Programme 2007-2009. Kildare County Council’s revised contract documents for the scheme are awaited in my Department. Following receipt and examination of the documents a decision will be conveyed as soon as possible to the Council in light of the finalisation of the Water Services Investment Programme for 2010 to 2012. Local authorities were asked in July 2009 to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. My Department is currently considering these assessments, which 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. I expect to publish the Water Services Investment Programme 2010 to 2012 early this year.

Fire Safety Standards. 280. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied); and if he will make a statement on the matter. [2790/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is not available in my Department and may be sought from the relevant local authority. 1086 Questions— 21 January 2010. Written Answers

281. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied). [2791/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is not available in my Department and may be sought from the relevant local authority.

282. 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. [2792/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I assume the Question refers to the Building Control Act 2007 which was signed into law on 21 April 2007. The Act provides, inter alia, for amendment of the Building Control Act 1990 and for registration of the titles of “Architect”, “Quantity Surveyor” and “Building Surveyor”. A Fire Safety Certificate (FSC) is currently required before construction work commences on new non-domestic buildings and apartment blocks and extensions to, or material alterations/changes of use of existing buildings. The FSC is issued by the Building Control Authority and certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B of the Building Regulations. Section 5 of the 2007 Act contains a new provision for the submission of a 7 Day Notice to a Building Control Authority, before grant of the relevant Fire Safety Certificate (FSC), where a person intends to commence work on the construction of a building, or an extension of, or a material alteration to, a building. It must be accompanied by a valid application for a FSC and by a Statutory Declaration stating that the application for the relevant FSC has been completed in all respects and complies with the requirements of the Building Regulations; that any works commenced before the FSC is granted will comply with the Regulations; and that the person will carry out any modifications which may be required by the FSC, when granted, within such period as may be specified by the Building Control Authority. There is also a new provision for a Revised Fire Safety Certificate where an application for a FSC is made before the grant of planning permission, for any works required by the permission ultimately granted, or where significant revision has been made to the design or works of a building for which a FSC has been granted. In addition, there is provision for a Regularisation Certificate where a building has been commenced or completed without an application for a FSC, where such Certificate is required. An application for such Certificate must include a Statutory Declaration from the applicant that the works carried out are in compliance with the requirements of the Building Regulations. The Building Control Authority is empowered to specify that the Regularisation Certificate will not have effect unless any conditions/additional works required by the Authority are carried out within a period of 4 months after it is granted. Section 5 of the Act also provides for a prohibition on the opening, occupation or use of a building which has not been granted the necessary certificates by the Building Control Auth- ority, as required, including the certificates referred to above. The Building Control (Amendment) Regulations 2009 provided for the coming into effect of the above provisions on 1 October 2009. Primary responsibility for compliance with the requirements of the Building Regulations rests with the builders and owners of buildings. Enforcement of the building control system is

1087 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.] a matter for the local Building Control Authority, which is empowered to carry out inspections and initiate enforcement proceedings, when considered necessary.

283. 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. [2793/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. My Department’s role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding. The primary role of the local authority fire service in the event of a fire is to rescue people, save property and extinguish the fire. Fire brigades routinely prepare internal operational reports on fire incidents attended and these reports may include opinions as to the possible causes of the fires. However, fire authorities do not carry out formal investigations into the causes of fires. The Garda Síochána carry out investigations to assist the Coroner’s Office in all cases where fatalities occur from fire. The Garda Síochána also investigate fires where a crime is suspected. Investigations may also be carried out by the Health and Safety Authority and, in certain circumstances, such as the Whiddy Island and Stardust fires, tribunals of inquiry have been established to investigate the fires. An investigation into this incident by An Garda Síochána is ongoing and therefore it would be important to await the outcome of this investigation. The Fire Services Acts 1981 and 2003 and Building Regulations 1997- 2008 include a range of provisions for fire safety in the design, construction, operation and management of buildings (including apartments). Part B of the Building Regulations 1997 sets out the fire safety requirements to be observed in the design and construction of certain buildings including apartment complexes. Section 18 (Part 3) of the Fire Services Act 1981 places a duty on persons having control over premises, such as apartment complexes, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire. Section 4 of the Act provides that it an offence for any person to contravene any requirement of Part 3 of the Act. Section 22 of the Fire Services Act 1981, as amended, empowers fire authorities to inspect any land or building, including apartment complexes, for the purpose of the Act, including enforcement of fire safety matters. I have no role in the day to day exercise of these functions. The preparation of legislation on management companies for apartment complexes is a matter for my colleague, the Minister for Justice, Equality and Law Reform.

Question No. 284 answered with Question No. 17.

Water and Sewerage Schemes. 285. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the name, cost and timeframe for implementation of each individual water pipe

1088 Questions— 21 January 2010. Written Answers replacement scheme awaiting approval in respect of each Dublin local authority area; and if he will make a statement on the matter. [2820/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Dublin City Council, as the lead authority in the Dublin region, has to date carried out a suite of five contracts of watermain rehabilitation, mainly in the city area, as part of the Dublin Region Watermain Rehabilitation Project. The total approved cost of these contracts is almost €16m. Contract Documents for a further suite of three contracts, costing an estimated €15m, relating to work in the Dun Laoghaire/Rathdown and South Dublin areas in addition to the city, are under examination by my Department and will be dealt with as quickly as possible.

286. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the proposed new sewerage scheme at a location (details supplied) in County Cork; when he expects work to commence; and if he will make a statement on the matter. [2827/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that work is under way on the construction of the new waste water treatment plant at Commogue and the upgrade/extension of the collection system in Kinsale town under the Kinsale Sewerage Scheme. Work on the collection system to serve the Summercove area is substantially completed.

Bituminous Fuel Ban. 287. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the position regarding the sale of smoky coal by shops on the perimeters of towns; if his attention has been drawn to the fact that in certain areas county councils are implementing strict rules in relation to some shops on the boundaries of towns, yet other shops which are deemed not to be on the boundaries and in more densely populated areas can sell smoky coal; if he will clarify the legislation regarding this situation; and if he will make a statement on the matter. [2840/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998, provides for an outright ban on all sales of bituminous, or smoky, coal from within certain designated restricted areas. The aim of these Regulations is to provide for the improvement of air quality in urban areas by restricting the sale of bituminous fuel. To date the ban has been largely successful and has led to a significant improvement in air quality in these areas. The bituminous fuel ban has been gradually extended since it was first introduced and now applies in sixteen towns and cities around the country. These are as follows:

• Dublin City and County since 1990;

• Cork City since 1995;

• Arklow, Drogheda, Dundalk, Limerick City and Wexford Town since 1998;

• Celbridge, Galway City, Leixlip, Naas and Waterford City since 2000;

• Bray, Kilkenny, Sligo and Tralee since 2003.

1089 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.]

Fuel retailers may only sell bituminous coal to consumers from a point of sale outside of these restricted areas. The enforcement of the Regulations is the responsibility of local authorities. Fuel retailers who breach the ban are liable for prosecution. In supporting the enforcement role of local authorities, my Department recently placed advertisements in local and regional newspapers to raise awareness of the bituminous fuel ban.

Waterway Management. 288. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if he has received a copy of the Shannon River Authority Bill 2000; his views on developing a single statutory authority to deal with all the issues and problems that have arisen which pertain to the management of the River Shannon; if he will take steps to progress this matter; and if he will make a statement on the matter. [2849/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am aware of the Shannon River Authority Bill introduced by Deputy Penrose in 2000. In the period since 2000, significant new water-related legislation has been introduced. The transposition of the Water Framework Directive in 2003 strengthened the catchment based approach to water management with the establishment of eight river basin districts on the island of Ireland, including the Shannon International River Basin District. Implementation of this Directive is being brought forward through River Basin District projects led by co-ordinating local authorities and funded by my Department. In the case of the Shannon International River Basin District, Limerick County Council is the co-ordinating authority for the making of River Basin Management Plans which will aim to protect and improve the water environment. These plans are currently being finalised and will be published in the coming months. The analysis underpinning the draft plans is providing a significant input into the development of my Department’s Water Services Programme 2010-2012. The river basin management plans will be coordinated with other relevant plans including flood risk management plans to be prepared by the OPW as part of the implementation of the Floods Directive. The Shannon Flood Risk Assessment and Management Study will be commissioned by the OPW this year to identify the level of flood risk throughout the catchment and to produce a prioritised plan of measures to address the risks.

Animal Welfare. 289. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government when the Dog Breeding Establishments Bill will come before the Houses of the Oireachtas; the formal submissions that have been considered in its preparation; and if he will make a statement on the matter. [2858/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Dog Breeding Establishments Bill is due to come before the Oireachtas later this month. The draft Bill proposes to give statutory effect to the recommendations of the Working Group that reviewed the management of dog breeding establishments. In response to a public consultation process, following the report of the Working Group, 652 submissions were received and these were considered in the context of the preparation of the proposed legislation. Regulations to be introduced following enactment of the Bill will set out the detailed criteria for dog breeding establishments to meet the requirements of the legislation. The draft Regu- lations will be subject to consultation with interested parties.

1090 Questions— 21 January 2010. Written Answers

Emergency Planning. 290. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the role he will play in the future in the implementation of a co-ordinated national emergency or disaster plan; and if he will make a statement on the matter. [2909/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As part of an ongoing focus on major emergency preparedness and response, the Government, in 2006, published a Framework for Major Emergency Management. The purpose of the Frame- work is to put in place arrangements that will enable the three principal response agencies, namely, An Garda Síochána, the Health Service Executive and the local authorities to coordinate their efforts in the event of a major emergency. The Government put in place a Major Emergency Development Programme to implement these new arrangements which led to the three principal response agencies adopting new major emergency plans in September, 2008. My Department chairs a National Steering Group to oversee and drive this Programme and to maintain the Framework into the future. When relevant my Department will chair a National Emergency Response Co-ordination Committee, as occurred during the recent flooding and severe weather events. The role of my Department is to ensure that the local authorities are prepared to respond promptly to ameliorate the worst effects in relation to those aspects of an emergency for which they have direct responsibility and that they act in co-operation with the other Principal Response Agencies — An Garda Síochána and the Health Service Executive — the voluntary agencies and the Defence Forces to limit the effects on individuals whose lives may be put at risk or may be exposed to serious hardship. When effective emergency plans are in place, the management of the emergency response then falls to the local authorities and the other Response Agencies.

Waste Water Management. 291. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the various Departments with which his Department has been associated in recent years in the context of drainage works at locations here; the Department which plays a leading role in such activity; if funding will be sought from the EU institutions with a view to putting in place a co-ordinated national or regional drainage plan; and if he will make a statement on the matter. [2910/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The capital costs associated with the provision of infrastructure for drainage schemes dealing with waste water management and emissions — generally known as sewerage schemes — are funded under my Department’s Water Services Investment Programme (WSIP). The purpose of the WSIP is to fund the provision of water services infrastructure in response to specific environmental, public health and economic needs. Sewerage schemes in urban areas usually have some spare capacity for storm water run-off from development. Systems may provide storm water drains and outfalls to prevent large volumes of storm water overloading foul sewers or sewage treatment works. To this limited extent only do sewerage schemes provide flood relief measures. Financial assistance from the EU is not available for these schemes. The WSIP has no specific function in relation to flood prevention or relief, which is the responsibility of the Office of Public Works. However, my Department has published Guide- lines for Planning Authorities on the Planning System and Flood Risk Management which are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identifi-

1091 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.] cation, assessment and management within the planning system. I refer to the reply to Question No.280 of 1 December 2009 where further details of the Guidelines are set out.

Question No. 292 answered with Question No. 48.

Local Authority Funding. 293. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the amount of funding allocated by his Department under the various headings to the various local authorities in each of the past five years and to date in 2010; and if he will make a statement on the matter. [2912/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested is being compiled in my Department and will be forwarded to the Deputy as soon as possible.

Questions Nos. 294 and 295 answered with Question No. 23.

Local Authority Housing. 296. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the action he proposes to take by way of providing extra funding to facilitate local authorities that wish to provide or acquire housing stock, thereby reducing the cost of rent support; and if he will make a statement on the matter. [2915/10]

300. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when he expects to bring about a reduction in the number of applicants on local authority housing waiting lists; and if he will make a statement on the matter. [2919/10]

301. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to address the issue of long waiting lists for local authority houses; and if he will make a statement on the matter. [2920/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 296, 300 and 301 together. Despite the challenges currently faced in the housing sector, significant levels of activity have been achieved under the range of housing supports funded by my Department in recent years. Through these, the accommodation needs of over 20,200 households were met in 2008, an increase of 10% on corresponding figure of 18,300 in 2007. Final data in respect of 2009 are not yet available. Meeting housing need remains a high priority for the Government. While ensuring that we can deliver across the full range of needs, the scale and composition of the public housing programme in the years ahead will be dependent on a number of factors, including the level of available funding and the evolution of the housing market generally. I am determined to ensure that the overall delivery programme is framed in a manner which continues to optimise the way in which needs are met. To achieve this, it is essential that we tailor the available Exchequer supports to prevailing market conditions, and explore alternative solutions to address needs, having full regard to the sustainable communities philosophy outlined in the Government’s housing policy statement, Delivering Homes, Sustaining Com- munities.

1092 Questions— 21 January 2010. Written Answers

To this end, the range of delivery mechanisms continues to be adapted and expanded. For example, last year, I introduced a new Social Housing Leasing Initiative, under which in excess of 1,900 units were sourced in 2009 and through which I expect a substantial number of units to be provided in the years ahead to meet housing needs, estimated at just over 56,000 households in the 2008 Housing Needs Assessment. This, together with the Rental Accommodation Scheme (RAS), complements the traditional capital funded programmes operated through local authorities and the voluntary and co-operative housing sector. The combined budget provision for leasing and RAS for 2010 is €150 million and I anticipate that, taken together, the two schemes will deliver half of the projected social housing output this year. I will be keeping the leasing initiative and all the other housing programmes under ongoing review to ensure that they are appropriately geared towards meeting the maximum level of housing need.

Grant Payments. 297. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of applications for disabled person’s grants with local authorities that are held up awaiting the availability of funding; the action he proposes to take to address this issue in the short term; and if he will make a statement on the matter. [2916/10]

298. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the number of applications in the hands of local authorities for disabled person’s grants; if his attention has been further drawn to the shortage of funding for such purposes; if he has received communication from the local authorities regarding same; if he will provide the necessary funding; and if he will make a statement on the matter. [2917/10]

304. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if funding will be allocated to Kildare County Council to meet disabled person’s grant requirements; and if he will make a statement on the matter. [2923/10]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 297, 298 and 304 together. In order comprehensively to assess the overall level of demand for grant assistance under the suite of Grant Schemes for Older People and People with a Disability, my Department requested local authorities to submit details of their funding requirements for 2010 by 22 January, with a view to determining the allocations for this year as soon as possible afterwards. The allocations are calculated on foot of detailed discussion between my Department and the local authorities and on the basis of the projected level of demand for grants, taking account of the applications on hand that have been assessed as eligible, applications yet to be assessed and projections for new applications to be received during the year. Details regarding the numbers and value of applications under each of the grant measures are awaited. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the combined allocations from local authority and Exchequer sources, notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation. In order to provide for continuity in the processing of applications and the payment of grants under the various measures, local authorities were advised that they could anticipate an allocation for 2010 which would not be substantially below their overall allocation for 2009.

1093 Questions— 21 January 2010. Written Answers

Question No. 299 answered with Question No. 30.

Questions Nos. 300 and 301 answered with Question No. 296.

Air Quality. 302. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has studied the result of air quality monitoring at various locations here; the degree to which pollutants have been identified; the nature of such pollutants; the proposed action arising therefrom; and if he will make a statement on the matter. [2921/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The monitoring, assessment and management of ambient air quality in Ireland is carried out according to the requirements of the EU Air Quality Framework Directive. This Directive became law through the Environmental Protection Agency Act 1992, (Ambient Air Quality Assessment and Management) Regulations, 1999. Under further regulations made in 2002, 2004 and 2009, specific ambient air quality standards have been prescribed for the following pollutants:

• sulphur dioxide, nitrogen dioxide and other oxides of nitrogen, particulate matter and lead (2002);

• carbon monoxide and benzene (2002);

• ozone (2004); and

• polyaromatic hydrocarbons, arsenic, nickel, cadmium and mercury in ambient air (2009).

Where the indicative level for any pollutant is exceeded, the Air Quality Standards Regulations 2002 require the local authority concerned, following notification by the EPA, to develop a long-term air quality management plan to ensure compliance with the thresholds for the relevant pollutant or pollutants. The EPA reports the results of the air quality monitoring of the above pollutants through its website: http://www.epa.ie/whatwedo/monitoring/air/data/. My Department keeps these data under ongoing review to identify any significant trends which might emerge and also meets periodically with the EPA on air quality issues. The EPA also publishes a comprehensive annual report on air quality, the most recent being the report Air Quality in Ireland 2008 (September 2009). This report provides an overview of ambient air quality trends in Ireland in 2008 based on data from 30 monitoring stations and a further 18 stations operated by local authorities to measure black smoke. The Report confirmed that air quality was generally good at monitoring stations throughout the country, with pollution levels in larger cities highest at traffic influenced sites but highest in smaller urban areas due to the burning of coal and solid fuels. All monitored levels met required EU and national standards. As part of a commitment on monitoring air quality made under the 2007 Programme for Government my Department requested the EPA to undertake an overall review of the adequacy of the air quality monitoring network in light of population change in urban areas. The review has now been completed and a report of its findings is currently being finalised by the EPA.

1094 Questions— 21 January 2010. Written Answers

Radon Gas Levels. 303. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which radon gas levels have been identified and monitored here in each of the past three years to date in 2010; the action warranted arising therefrom; and if he will make a statement on the matter. [2922/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Government, largely through the Radiological Protection Institute of Ireland (RPII), has, for many years now, worked towards assessing the extent of the radon problem throughout the country. Between 1992 and 1999 the RPII carried out a comprehensive National Radon Survey to measure radon concentrations in Irish homes. The principal objective was to identify the scale of the radon problem in Ireland and areas at higher risk of radon contamination above the National Reference Level of 200 becquerels per metrecubed(Bq/m3). Over 37,500 homes have now been measured for radon by the RPII. The results of these tests have been compiled into a central database, which has greatly aided our knowledge and understanding as to the extent of Ireland’s radon problem. A summary of the number of homes measured and the number of houses in categories of radon concentration is included in the table below for the last three years. In 2007, the RPII introduced a protocol advising a graded approach in responding to reported average radon concentrations in homes above the national Reference Level. This protocol is summarised as follows:

Homes (Bq/m3) Proposed Actions

< 200 Write to customer advising no action is needed. >200 Write to customer recommending remedial action is taken. >800 As above and phone customer. >2,000 As above and issue public statement. >4,000 As above and take local public awareness action. Engage with other statutory agencies and local authority.

Prior to 2007, there was no formal graded approach. The Government’s approach to radon, which is similar to that of the majority of EU Member States, is to concentrate efforts on increasing public awareness of the risks posed by radon in the home. Householders, particularly those in known high radon areas, have been strongly encouraged by the RPII to have their homes tested for radon and to undertake remediation works where necessary. Furthermore, the RPII have carried out targeted information campaigns in high radon areas and in some instances where areas of particularly high radon levels have been found they have written directly to householders in these areas. This will continue to be the focus so as to enable and encourage householders to address monitoring and remedial requirements effectively and economically. If a dwelling is found to have a high radon level remediation work may be recommended. Technical guidance on radon remediation techniques is available in a booklet issued by my Department: Radon in Buildings — Corrective Option. The RPII has also issued guidance: Understanding Radon Remediation — A Householder’s Guide. In addition, the website of the RPII provides a list of companies who can provide a radon remediation service and can offer specific advice and recommendations.

1095 Questions— 21 January 2010. Written Answers

[Deputy John Gormley.]

Members of the public can access information on radon on the RPII website, www.rpii.ie. Publications and information leaflets about radon can be downloaded free of charge. The RPII can also be contacted on Freephone 1800 300 600.

Summary statistics for the years 2007, 2008, 2009 and 2010.

Year Number of homes No. of homes < 200 Bq/m3 No. of homes> 200 Bq/m3 measured

2007 2,273 2,066 207

Year Number of homes No. of homes 0-199 No. of homes 200- No. of homes > 800 measured Bq/m3 800 Bq/m3 Bq/m3

2008 1,450 1,156 251 43 2009 2,001 1,652 308 41 2010 57 49 6 2

Question No. 304 answered with Question No. 297.

Local Authority Funding. 305. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the amount of funding allocated to Cork County Council in respect of the years 2007, 2008 and 2009. [2942/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I assume the Question is referring to General-Purpose Grants from the Local Government Fund. The information requested is set out in the following table.

Cork County Council

Year €

2007 54,809,504 2008 57,368,547 2009 51,707,370

Departmental Agencies. 306. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3210/10]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The following table outlines the number of staff employed in each agency under the aegis of my Department at the end of 2007, 2008 and 2009, and refers to whole time equivalents (WTE). These figures include permanent and temporary staff.

1096 Questions— 21 January 2010. Written Answers

Name of Agency Staff end 2007 Staff end 2008 Staff end 2009

Affordable Homes Partnership 13.00 14.00 16.00 An Bord Pleanála 169.80 166.60 157.90 An Chomhairle Leabharlanna 14.00 16.00 18.00 Dublin Docklands Development Authority 56.00 60.00 36.00 Environmental Protection Agency 290.00 *337.00 343.50 Heritage Council 18.00 17.00 15.50 Housing Finance Agency 10.80 12.00 10.60 Irish Water Safety 7.00 6.00 6.00 Limerick Northside Regeneration Agency 15.00 16.00 15.00 Limerick Southside Regeneration Agency Local Government Computer Services Board 98.90 95.30 86.90 Local Government Management Services Board 29.60 32.60 31.10 National Building Agency 65.15 61.27 49.27 Private Residential Tenancies Board 23.00 39.00 40.00 Radiological Protection Institute of Ireland (RPII) 46.50 47.80 46.80 *The authorised staffing number of the EPA increased by 50 in 2008.

Departmental Reports. 307. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2621/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In the time available, it has not been possible to identify and assemble relevant records within my Department. Officials within my Department are in the process of identifying and assembling the information and I will revert to the Deputy as soon as possible.

Telecommunications Services. 308. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources the back-up service that is provided during processing to customers of a service (details supplied) that has been commissioned by his Department; and if he will make a statement on the matter. [2679/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): 3, the National Broadband Scheme (NBS) Service Provider, operates a dedicated customer care facility for the duration of the Scheme. Customers can contact this customer care facility 24 hours a day 7 days a week by phone at 1800 944 791 (free of charge), via email to NBSenquiries- [email protected] or by post to 3Customer Services, Hutchison 3G Ireland Ltd, PO Box 333, Dublin 2, Ireland. Additionally, a team of field engineers has been established to address NBS installation and maintenance issues at customer premises. Information on the NBS, including the status of the NBS rollout, is also available at http://three.ie/nbs/. 1097 Questions— 21 January 2010. Written Answers

Tribunals of Inquiry. 309. Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2724/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has not conducted any tribunal of inquiry nor is any inquiry operating under the aegis of My Department.

Departmental Agencies. 310. Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2738/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I can inform the Deputy that the number of State Boards, agencies, regulators or other bodies under the remit of my Department is 25. The cost of these bodies is reported in each body’s published Annual Report. These reports are made available in the library of the Houses of the Oireachtas. The number of bodies under the remit of my Department, which have been abolished in the past four years, is 1. This is The Electronic Communications Appeals Panel which was abolished in June 2007. The number of bodies under the remit of my Department that have been amalgamated the past four years is 2. They are (1) The Broadcasting Commission of Ireland and (2) The Broad- casting Complaints Commission. These bodies were dissolved under the Broadcasting Act 2009 and subsumed into The Broadcasting Authority of Ireland. The number of bodies under the remit of my Department to be abolished in 2010 is one. The National Salmon Commission’s term of office expired in May 2008 and will formally be abolished on the enactment of the Inland Fisheries Bill 2009 in spring 2010. The number to be amalgamated in 2010 is eight. These are the Central Fisheries Board and seven regional fisheries boards, which will be subsumed into a single inland fisheries authority to be known as Inland Fisheries Ireland under the Inland Fisheries Bill 2009, when approved by the Oireachtas in spring 2010.

Housing Grants. 311. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the amount of money allocated for home insulation grants and the greener home schemes in the years 2006, 2007, 2008 and 2009 in tabular form; the amount allocated in grants under each heading; the number of applicants who applied for and availed of these grants in each year; the amount of funding remaining unused in each of the years; and if he will make a statement on the matter. [2869/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The following table sets out the relevant figures for the Greener Homes Scheme (GHS) from its inception in 2006 to the present date, and also sets out the figures for the Home Energy Savings

1098 Questions— 21 January 2010. Written Answers

Scheme (HESS) for 2008 and 2009. The 2008 figures for HESS are for the pilot ‘Insulation Scheme’, which was used to test principles and processes required to deliver the full-scale HESS programme.

Allocations and Expenditure Associated with the Greener Homes and Home Energy Savings Schemes

2006 2007 2008 2009

Greener Homes Total Allocation (€) €5m €28.221m €22.5m €15.345m Total Spend (€) €5m €27.8m €22.5m **€11.009m Underspend (€)0€0.421m 0 €4.336m Number of Grants Paid 1,341 8,385 9,643 7,237 ** excluding operational costs of €0.695m

Home Energy Savings Scheme Total Allocation (€) ——€5m €47m Total Spend (€) ——€1.4m **€16.258m Underspend (€) ——€3.6m €30.7m Number of Grants Paid —— 711 33,434 measures 18,183 homes **This is the amount disbursed in capital grants and does not include development/system and operational costs of €2.233m.

In addition, there would have been payment of €0.39m carryover from the pilot HESS scheme, which is not included here.

Alternative Energy Projects. 312. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if consideration has been given to the reintroduction of sugar beet growing for bio- fuel purposes following the Copenhagen conference; if he will set out the extent to which it is expected that Ireland did or the EU will rely on sugar beet production for this purpose in the future; if EU assistance is available for the purpose in the context of the Common Agriculture Policy review or otherwise; if he has made or received any submissions along these lines; the likelihood of positive developments in this area in the near future; and if he will make a statement on the matter. [2953/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The introduction of the National Biofuel Obligation this year will create enhanced opportunities for the sustainable production of biofuels in Ireland including the utilisation of suitable energy crops. The scope for sugar beet production for biofuels and the related agricultural policy issues to which the Deputy refers is a matter for the Minister for Agriculture, Fisheries and Food.

Departmental Agencies. 313. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3205/10]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The number of staff employed in relation to the non-commercial agencies under my Department 1099 Questions— 21 January 2010. Written Answers

[Deputy Eamon Ryan.] at the end of 2008 and 2009 are detailed in the following table. WTE refers to Whole Time Equivalents. The information requested by the Deputy in relation to 2007 numbers will be provided as soon as possible.

Position end 2008

Agency Permanent WTE Temporary WTE Total

Broadcasting Commission of Ireland 27.70 10.00 37.70 Central Fisheries Board 40.50 44.50 85.00 Commission for Communications Regulation 79.00 41.00 120.00 Commission for Energy Regulation 42.45 25.90 68.35 Digital Hub Development Agency 15.00 0.00 15.00 Eastern Regional Fisheries Board 42.70 10.05 52.75 Loughs Agency of Foyle, Carlingford and Irish Lights 53.00 0.00 53.00 Commission National Oil Reserves Agency 2.00 3.00 5.00 Northern Regional Fisheries Board 37.85 5.08 42.93 North Western Regional Fisheries Board 41.50 8.31 49.81 Shannon Regional Fisheries Board 45.10 7.40 52.50 Southern Regional Fisheries Board 30.20 9.53 39.73 South Western Regional Fisheries Board 34.50 4.00 38.50 Sustainable Energy Ireland 43.89 15.00 58.89 Western Regional Fisheries Board 53.00 8.00 61.00

Totals 588.39 191.77 780.16

Position end 2009

Agency Permanent WTE Temporary WTE Total

Broadcasting Authority of Ireland 33.46 1.00 34.46 Central Fisheries Board 39.00 39.00 78.00 Commission for Communications Regulation 94.00 23.50 117.50 Commission for Energy Regulation 60.48 3.10 63.58 Digital Hub Development Agency 15.00 0.00 15.00 Eastern Regional Fisheries Board 39.30 5.90 45.20 Loughs Agency of Foyle, Carlingford and Irish Lights 53.00 20.00 73.00 Commission National Oil Reserves Agency 2.00 3.00 5.00 Northern Regional Fisheries Board 38.85 12.08 50.93 North Western Regional Fisheries Board 40.50 6.00 46.50 Shannon Regional Fisheries Board 45.50 11.00 56.50 Southern Regional Fisheries Board 31.00 8.09 39.09 South Western Regional Fisheries Board 32.50 7.00 39.50 Sustainable Energy Ireland 49.50 13.00 62.50 Western Regional Fisheries Board 52.00 5.00 57.00

Totals 626.09 157.67 783.76

1100 Questions— 21 January 2010. Written Answers

Departmental Reports. 314. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2619/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Apart from reports prepared internally concerning organisational matters and expenditure reviews, the following is a list of reports/taskforces that involved external expertise.

Details for 2007

Title/Reason for Report or Taskforce Report Cost CompletedYes/No €

Development of a Business Plan for the Fishery Harbour Centres Yes 23,602 Quarterly independent assessment of the Department’s IT Yes 2,916 Security Measures-1st Quarter 2007 Quarterly independent assessment of the Department’s IT Yes 19,360 Security Measures-2nd-4th Quarter 2007 Accessibility and usability report on the Departments website and Yes 8,470 on-line services site Analysis of required developments for the provision of forestry Yes 20,241 on-line applications To provide a post-implementation evaluation of the IFORIS Yes 11,480 computer system To provide specialist advice regarding new EU framework tender Yes 2,240 format and the compilation of the Department’s first tender using this format. Development Strategy for the Irish Pig Industry Yes 8,000 Beef Forum — established to examine the beef sector in the light Ongoing Nil of prevailing opportunities and challenges

Details for 2008

Title/Reason for Report or Taskforce Report Cost CompletedYes/No €

The independent Ex-Post Evaluation of the Rural Development Yes 74,084 Plan 2000-2006 carried out by Fitzpatrick Associates, Economic Consultants (EU Requirement). In accordance with one of the recommendations of a No Nil Departmental document “A Strategy for Improved Pest Control on Irish Salmon Farms” a group was set up in December 2008 to report on sea lice levels on Irish salmon farms, the progress made to reduce sea lice levels and any further steps required. Development of a Business Plan for the Fishery Harbour Centres Yes 79,653 Killybegs Fishery Harbour Centre Marketing Strategy (Report of Yes 15,326 Steering of Key Officials of State Agencies) Quarterly independent assessment of the Department’s IT Yes 13,915 Security Measures-2ND-4TH Quarter 2008 Independent assessments of Internet-facing business systems 2008 Yes 1,815 Factors Affecting Afforestation in Ireland in Recent Years Yes 23 363

1101 Questions— 21 January 2010. Written Answers

[Deputy Brendan Smith.]

Details for 2009

Title/Reason for Report for Taskforce Report Cost CompletedYes/No

€

Development of a Business Plan for the Fishery Harbour Centres Yes 14,816 CFP(Common Fisheries Policy) ReviewCompile response to No 30,031 Green Paper, published by the EU Comm. in April 2009, on the reform of the CFP. Independent assessments of Internet-facing business systems — Yes 3,408 January — April 2009 Independent assessment of Internet-facing business system (CAP Yes 713 Beneficiaries) April 2009 Independent assessment of Internet-facing business system Yes 3,563 (eREPS) July/August 2009 Quarterly independent assessment of the Department’s IT Yes 8,262 Security Measures-1st -3rd Quarter 2009 Biannual independent security review of the Department’s IT Yes 3,098 infrastructure H1 — June 2009 The Report of the Inter-Agency Review Group on the Dioxin Yes 16,251 Contamination Incident in Ireland in December 2008

Grant Payments. 315. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if the full single farm payment will be awarded in the case of a person (details supplied) in County Kilkenny; if the applicant is due arrears or top up payment; and if he will make a statement on the matter. [2638/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Single Payment Scheme was received from the person named on 14 May 2009. Full payment has issued in respect of this application; the advance payment issued on 19 October 2009 and the balancing payment on 1 December 2009. Both payments issued directly to the nominated bank account of the person named.

Crop Losses. 316. Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food his views on the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [2700/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I am aware that due to very wet conditions in November 2009 that a very considerable acreage of potatoes remained unharvested at the end of the year. It is estimated that between 20-25% of the total national area is in this position. Since Christmas, Ireland has experienced very severe frost conditions which have resulted in significant losses to these crops. I met with potato grower representatives on Thursday 14 January who presented me with a submission which is currently being considered.

Grant Payments. 317. Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the 1102 Questions— 21 January 2010. Written Answers reason for the delay in having a REPS payment issued to a person (details supplied) in County Cork. [2704/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The administrative checks include a detailed file check by my officials, which has been completed for the application belonging to the person named as well as a computerised crosscheck with the IACS database in relation to area eligibility. This crosscheck will be completed shortly and providing that no issues arise, payment will be processed without delay.

318. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive their early retirement payment; and if he will make a statement on the matter. [2712/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The application from the person named is currently being examined in my Department. The applicant will be informed of the outcome once this examination is complete.

319. Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food the reason for the delay in issuing a REP scheme four payment in respect of a person (details supplied) in County Cork; and if he will confirm that same will be issued without further delay. [2716/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. Payments issued in 2009 to those whose applications required no further examination following the administrative checks. However, queries arose on a significant number of applications, including the application from the person named, in the course of the administrative checks.My Department is continuing to process applications to payment stage ,including the application from the person named, as a matter of priority with a view to payment as soon as possible. In this context, the Department will be in touch with individual applicants, where necessary, to resolve outstanding issues.

Tribunals of Inquiry. 320. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2722/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are currently no tribunals of enquiry being conducted by my Department.

Departmental Agencies. 321. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2736/10]

1103 Questions— 21 January 2010. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following is the running costs of the non-commercial State bodies under the aegis of my Department;

Name of Body Running Costs

€m

An Bord Bia 43.8 Aquaculture Licensing Appeals Board 0.3 Bord Iascaigh Mhara 48.4 Marine Institute 30.2 National Milk Agency 0.6 Seafisheries Protection Authority 9.8 Teagasc 203.1 Veterinary Council of Ireland 0.6

The above figures constitute the total running costs including own resources and relate to the latest published annual accounts for the bodies concerned. The commercial bodies under the aegis of my Department are Coillte and the Irish National Stud. The National Milk Agency and the Veterinary Council Of Ireland are not in receipt of a State subvention. An Bord Bia took over responsibility for the marketing functions of Bord Iascaigh Mhara with effect from June 2009. The executive functions of COFORD were assigned to divisions within my Department with effect from 1 August 2009.

Harbours and Piers. 322. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the breakdown per project of the piers and harbours development budget for 2006, 2007, 2008 and 2009; the levels of receipted expenditure per project within each of these annual budgets; and if he will make a statement on the matter. [2753/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department is collating the allocation and expenditure figures for the years in question and will forward a list of the projects and relevant data as soon as possible.

Departmental Schemes. 323. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 811 of 9 July 2009, the funding paid to date to each project concerned; the funding committed to each project; the funding allocated to each project; the number of unsuccessful applicants in each category; if he will revisit these allocations; the closing date for the drawdown of the funds; and if he will make a statement on the matter. [2786/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under my Depart- ment’s Capital Investment Scheme for the Marketing and Processing of Agricultural Products, grant-aid of €16.8 million was awarded in December 2008 to 66 horticulture, livestock marts and small meat sector enterprises. Details are attached. The numbers of eligible applications and awards are as follows: 1104 Questions— 21 January 2010. Written Answers

Sector Applications Awards Grant-aid

Small meat 50 31 €7.8m Livestock marts 22 22 €3.6m Horticulture 32 13 €5.4m

The projects awarded funding were selected following a competitive assessment and evaluation process in which the strengths of each were assessed and ranked in line with the objectives of the scheme. Under EU state aid rules 2008 was the final year for making of awards under the Scheme and accordingly the allocations may not be revisited. To date, payment of €766,161 has been provided to 4 projects. The period for completion of projects varies, it is anticipated hat the majority will be completed in 2010 and 2011.

Capital Investment Scheme for Marketing and Processing Livestock Mart Sector

County Project(s) Location Grant €

Cork Cork Marts Fermoy 396,462

Donegal East Donegal Co-Op Livestock Mart Raphoe 84,451 Milford Co-Op Livestock Milford 56,851

Galway Headford Co-Op Mart Headford 117,607 Ballinasloe Livestock Mart Ballinasloe 64,255 Athenry Co-Op Livestock Mart Athenry 42,560 Gort Co-Operative Livestock Mart Gort 20,160

Laois Mountrath Mart Mountrath 60,452 Ballinakill Mart Ballinakill 143,923

Leitrim Connacht Gold Co-Op Mart Mohill 369,690 Midland and Western Livestock Carrick-on-Shannon 891,404 Improvement Society

Limerick Golden Vale Co-Op Mart Kilmallock 48,384

Kerry Listowel Livestock Mart Ltd Listowel 98,193 Marglann an Daingin Teoranta An Daingin 218,771 Kenmare Livestock Mart Co-Op Kenmare 23,720

Mayo Connacht Gold Co-Op Mart Balla Balla 338,576

Meath Carnacross Mart Carnacross, Kells 42,285

Offaly Golden Vale Co-Op Mart Tullamore 48,384

Roscommon Elphin Co-Op Elphin 42,336

Tipperary Mid-Tipperary Co-Op Mart Thurles 231,222 Central Auction Services Co-Op Roscrea 147,674 Central Auction Services Co-Op Nenagh 115,791

1105 Questions— 21 January 2010. Written Answers

[Deputy Brendan Smith.]

Capital Investment Scheme for Marketing and Processing

Meat Sector

County Project(s) Location Grant €

Carlow Carlow Foods Ltd Fenagh, Co Carlow 306,681

Cork Gubbeen Farmhouse Schull 49,968 Skeaghanore Fresh Farm Duck Ballydehob 248,653 Hodgins Sausage Ltd Mitchelstown 331,935 Finns Meats Mitchelstown 178,844 Jack McCarthy Ltd Craft Butchers Kanturk 99,893

Donegal Swilly Meats Ltd Ballybofey 464,554

Dublin M&K Meats Rathcoole 100,571 Sandyford Meats Sandyford 107,547 Courtney Food Services Kimmage 36,422 Hicks Foods Ltd Ballymount 83,687

Galway Heaney Meats Catering Co Casla, Connemara 637,110

Kerry PLM Foods Glenfisk, Killarney 167,619

Kildare Brady Family Food Timahoe, Naas 567,689 McConnon’s Meats Rathangan 487,570

Laois Festa Fine Foods Portlaoise 195,115

Leitrim Campbell Meats Drumshanbo 215,797

Limerick Ashgrove Meats Newcastle West 44,760

Longford Louis Herterich Longford 138,700 Sheelin Meats Ltd Granard 167,675

Louth Ashbrook Foods Ltd Dundalk 99,594

Mayo Imam Casing & Foods Ballyhaunis 407,846

Meath Traditional Meat Company Oldcastle 670,093 Boyne Valley Meats Garristown 359,825

Monaghan Farney Foods Ltd Carrickmacross 98,831 Connolly Meats Scotstown 126,696

Roscommon O’Brien Butchers Whitehall 174,267 Gilligans Farm Fresh Meats Four Mile House 223,855

Tipperary Darcy Meats Nenagh 219,806

Wexford Thomas Kinsella Meats Enniscorthy 125,090

Wicklow Michael Whelan Pudding Blessington 618,923

1106 Questions— 21 January 2010. Written Answers

Capital Investment Scheme for Marketing and Processing

Horticulture Sector

County Project(s) Location Grant

€

Dublin K&K Packs The Ward 551,967 Neil Kerrigan Lusk 882,913 Dublin Meath Growers The Ward 115,755 GVS — Groomes Balbriggan 749,621 Keelings Softfruits St Margarets 967,931 Vincent Thorne Rush 310,210

Kildare Boylan Fruits Ltd Johnstownbridge 71,426

Meath Pat Reynolds and Sons Navan 266,889

Monaghan Gold Circle Mushrooms Monaghan 187,742

Offaly Milne Foods Ltd Birr 795,966

Tipperary Con Traas Ltd Cahir 109,495

Waterford Meadowfresh Foods Tallow 317,515

Wicklow Dolmenview Ltd t/a O’Hanlon Herbs Glenealy 65,513

Turbary Rights. 324. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No.1025 of 3 November 2009, the progress made to date on this case; and if he will make a statement on the matter. [2830/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The issue of the severance and surrender of the appurtenant turbary right has been addressed and only requires the signature of the person concerned. The scheme to dispose of the turbary rights will then be operated and the person named in PQ No 1025 of 3 November 2009 will be contacted by an Inspector from my Department to complete the documentation necessary for the purchase of the turbary right.

Grant Payments. 325. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when a REP scheme four payment will be awarded to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [2838/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment will issue to the person named within the next ten days.

Alternative Farm Enterprises. 326. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if consideration has been given to the reintroduction of sugar beet growing for bio-fuel purposes following the Copenhagen Conference; if he will set out the extent to which it is expected that Ireland did or the EU will rely on sugar beet production for this purpose in the future; if EU 1107 Questions— 21 January 2010. Written Answers

[Deputy Bernard J. Durkan.] assistance is available for the purpose in the context of the Common Agriculture Policy review or otherwise; if he has made or received any submissions along these lines; the likelihood of positive developments in this area in the near future; and if he will make a statement on the matter. [2937/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Liquid Bio-fuels can be produced from a range of feedstocks including wheat, sugar beet, rapeseed and tallow. The choice of feedstock is influenced by a number of factors including the availability of suitable land, crop yields and production costs. The most pertinent factor is the presence of a well- developed infrastructure to process and distribute the chosen feedstock into liquid bio-fuel. In relation to sugar beet, there is currently no processing facility in Ireland to convert this feedstock into ethanol liquid bio-fuel. We have no information on the use of sugar beet for ethanol production in the EU. As regards EU assistance, discussions on the Common Agricultural Policy (CAP) post 2013 are still at a relatively early stage. Although policy analysis and general debates have commenced in a number of Member States including Ireland, they are still primarily concerned with the broad outlines and general principles, including issues such as the amount of funding that will be available, the overall direction of the direct payments system, the positioning of rural development policy in the CAP etc. The Department received almost 60 submissions in response to the public consultation process on CAP reform, which I launched in July of last year and these are currently being analysed. While I am open to examining all suggestions, my priority at present is to secure a strong and adequately resourced CAP after 2013. In the past, CAP funds have been used to support the production of crops grown specifically for use as feedstock in the bio-fuel market. Under the EU Energy Crops Scheme areas planted with non-food crops qualified for an EU premium worth €45 per hectare. Uptake of the premium was relatively low in Ireland and in most other Member States. The EU Commission abolished the premium in 2009 during the CAP Health Check reforms. Areas sown with non- food crops continue to qualify for the Single Farm Payment. The introduction of the Bio-fuel Obligation Scheme in mid 2010 is expected to encourage investment in bio-fuels and should help bring some certainty to the market. The Scheme provides that all fuel suppliers in Ireland must include an average of 4% bio-fuels in their annual fuel sales. This will increase over time to enable Ireland meet the 10% target for renewables in transport fuel by 2020.

Departmental Agencies. 327. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3203/10]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following is the information requested by the Deputy.

Name of Body No. of Staff Employed

2007 2008 2009

An Bord Bia 91.0 97.0 104.0 Aquaculture Licensing Appeals Board 2.0 1.0 1.0 Bord Iascaigh Mhara 172.0 153.0 137.0 Coillte Teoranta 1,269.0 1,250.0 1,192.0 Coford 4.5 5.5 1.5

1108 Questions— 21 January 2010. Written Answers

Name of Body No. of Staff Employed

2007 2008 2009

Irish National Stud 52.0 50.0 51.0 Marine Institute 222.0 210.0 191.0 National Milk Agency 6.0 6.0 6.0 Seafisheries Protection Authority 88.0 103.0 100.0 Teagasc 1,616.0 1,551.0 1,373.0 Veterinary Council of Ireland 3.0 3.5 3.5

The marketing functions of BIM were transferred to Bord Bia with effect from June 2009. The executive functions of COFORD were assigned to Divisions within my Department with effect from 1 August 2009.

Teachers’ Remuneration. 328. Deputy Richard Bruton asked the Minister for Education and Science the reason persons employed as temporary teachers who derive no pension entitlement from this status are still obliged to pay the pension levy; his views on whether special arrangements should be made for such persons. [2717/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Under section 2 of the Financial Emergency Measures in the Public Interest Act 2009 a person is liable to pay the pensions- related deduction if he or she is a public servant on or after 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under such a scheme or receives a payment in lieu of membership of such a scheme. Therefore, even if a person is not a member of a public service pension scheme, he or she is subject to the deduction if he or she is a member of another public service pension scheme, is entitled to a benefit under such a scheme (eg has a preserved benefit, is in receipt of a pension from another public service pension scheme or if he or she is entitled to a non-pensionable gratuity) or receives a payment in lieu of membership. In general, persons employed as temporary teachers in first and second level schools are eligible for admission to the superannuation scheme and once they have achieved the vesting period of 2 years service they would qualify for benefit or preserved benefit on reaching normal pension age. A non-pensionable gratuity may be payable to certain staff of VECs and institutes of technology who have given service with a VEC or institute of technology and whose service is not reckonable for superannuation purposes under the pension schemes of those bodies. The non- pensionable gratuity is paid in the form of a lump sum and is calculated at the rate of one week’s pay for each year of service up to 15 years plus two weeks’ pay for each year of service over 15 years, subject to a maximum 78 weeks. Payment of the gratuity is made under the terms of the Local Government (Superannuation) (Gratuities) Regulations 1984 and 1995 which were made under the Local Government (Superannuation) Act 1980. The Financial Emergency Measures in the Public Interest Act 2009 defines a “public service pension scheme” as an occupational pension scheme or pension arrangement, by whatever name called, for any part of the public service provided for under any enactment or administrative measure for the like purpose and effect as the Superannuation Acts. The non-pensionable gratuity regulations provide a form of pension arrangement, apply to certain parts of the public service (including VECs and institutes of technology) and have their basis in the Local Govern- ment (Superannuation) Act 1980. A person with the required level of service is entitled to a 1109 Questions— 21 January 2010. Written Answers

[Deputy Batt O’Keeffe.] non-pensionable gratuity under such an arrangement and therefore falls within section 2(1)(b)(ii) of the Act. They are, therefore, subject to the deduction. It should be noted, however, that under section 6 of the Act, if a person does not accrue a superannuation benefit in respect of this service at the time of his or her ceasing to be a public servant, the deduction is refundable to him or her. If the Deputy has a particular case in mind and will provide me will the specific details, I will have the position examined in the Pensions Section of my Department which will communicate directly with the Deputy.

Departmental Reports. 329. Deputy John O’Mahony asked the Minister for Education and Science the number of reports and task forces set up and commissioned in his Department in 2007, 2008 and 2009; the reason for each report; the number of reports completed; and the cost of each in tabular form; and if he will make a statement on the matter. [2624/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested is currently being compiled and will be forwarded to the Deputy as soon as possible.

School Transport. 330. Deputy John McGuinness asked the Minister for Education and Science if the charge for the use of the school bus will be applied for a portion of the year should the student begin use of the service during the school term rather than charging the full cost regardless of when the student commences using the service; and if he will make a statement on the matter. [2637/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): A new annual school transport charge, which replaced the term charges, was introduced for the 2009/10 school. Provision was made for parents to spread the charge over two payments in July and December. This new method of payment assists Bus Éireann in planning an efficient and cost-effective school transport service well in advance of a school year based on the level of demand for seats. It also provides comfort to parents in the knowledge that on payment of the charge, a seat is guaranteed for the school year in question. I appreciate the Deputy’s concerns in this matter. In that regard, my Department, in conjunction with Bus Éireann, is prepared to review aspects of the current arrangements in the light of experiences this year.

Schools Building Projects. 331. Deputy John McGuinness asked the Minister for Education and Science the position regarding a building project by a school (details supplied) in County Kilkenny; if funding will be provided for the project in 2010; and if he will expedite the matter. [2639/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding for an extension and refurbishment project. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2.1 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 progression of all large scale building projects, including this project, from initial design stage

1110 Questions— 21 January 2010. Written Answers 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.

Special Educational Needs. 332. Deputy Jimmy Deenihan asked the Minister for Education and Science when a decision will be made on the payment of arrears of home tuition in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2642/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement. Home tuition grants are paid to the parents, who in turn make payment to the home tuition provider. Follow- ing the introduction of an increased rate of pay to suitably qualified home tuition providers, arrears payments may be due to some tuition providers. As I advised the Deputy on 10 December, my Department is currently examining the issue. Officials from my Department will be in contact with the tutor referred to by the Deputy in due course.

School Patronage. 333. Deputy Ruairí Quinn asked the Minister for Education and Science if he will provide a breakdown of primary schools according to each major patron under the headings of Roman Catholic, Church of Ireland, Muslim, Jewish, Educate Together, multi-denominational schools and others; the number of schools and the percentage of each category; and if he will make a statement on the matter. [2655/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Officials in my Department are currently updating the register of Patrons provided for under Section 8 of the Education Act and are verifying the Register details directly with all school Patrons. I have set out for the Deputy a breakdown of primary schools according to each patron as per the current information held in my Department’s register.

Denomination Number of Schools

Catholic 2,894 Church of Ireland 182 Muslim 2 Jewish 1 Presbyterian 14 Methodist 1 Quaker 1 Multi Denominational-Educate Together 56 Multi Denominational-Other 11 Inter Denominational 7

Total 3,169

1111 Questions— 21 January 2010. Written Answers

Departmental Expenditure. 334. Deputy Tom Hayes asked the Minister for Education and Science the names of community organisations based in south Tipperary receiving funding from his Department for community programmes and the funding received by those organisations in 2009. [2674/10]

Minister of State at the Department of Education and Science (Deputy Seán Haughey): The information requested by the Deputy is being compiled in my Department and will be forwarded directly to him.

Schools Building Projects. 335. Deputy Tom Hayes asked the Minister for Education and Science the reason a school project (details supplied) in County Tipperary has not been allocated funding and completed due to the fact that it poses a threat to children and teachers alike; if that school has been contacted by his Department as stated in Parliamentary Question No. 339 of 1 December 2009; and if he will make a statement on the matter. [2707/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the schools to which the Deputy refers have agreed to amalgamate into one school building. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 1.4 rating. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression the project at this time. However, my Department is aware of the situation in relation to the accommodation issues in the schools in question. The Department is considering options to address the immediate needs of both schools and I can confirm that officials in my Department have recently been in contact with both schools in this regard.

Schools Amalgamation. 336. Deputy Tom Hayes asked the Minister for Education and Science the status of the schools amalgamation project in respect of schools (details supplied); when this project is planned for the next step in the process; the amount budgeted for the school building; the level of priority this project has; the number of other projects across the country that have the same level of priority; and if he will make a statement on the matter. [2708/10]

Minister for Education and Science (Deputy Batt O’Keeffe): In 2004, agreement was reached to amalgamate the two primary schools referred to by the Deputy. The application was assessed and the project was assigned a band rating of 1.4. Details of other Band 1.4 rated building projects are available on my Department’s website www.education.ie. A technical inspection was carried out on the existing school buildings to determine which would be suitable to facilitate the amalgamated school. The report produced following this inspection concluded that the most suitable building to facilitate the amalgamation would be the girls’ school. It also found that an additional portion of land would be required from the Sisters of Mercy to facilitate the development. The Sisters of Mercy have indicated that they would, in principle, be disposed to selling land to the Department to facilitate the proposed works. The progression of this building project and the acquisition of the additional land required to facilitate the amalgamation, will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing

1112 Questions— 21 January 2010. Written Answers demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Departmental Correspondence. 337. Deputy John McGuinness asked the Minister for Education and Science if he will approve an appeal in the case of a person (details supplied) in County Kilkenny. [2714/10]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department received an appeal on 7th December 2009 from the candidate referred to by the Deputy which is currently under review and it is anticipated a reply will issue to the student shortly.

Tribunals of Inquiry. 338. Deputy John McGuinness asked the Minister for Education and Science the number of tribunals of inquiry conducted by his Department; the title of each; the cost of each to date in 2010; the expected date of conclusion of each; and the projected final costs. [2727/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested is currently being compiled and will be forwarded to the Deputy as soon as possible.

Departmental Bodies. 339. Deputy John McGuinness asked the Minister for Education and Science the number of bodies and agencies operated under the remit of his Department; the cost of each on a yearly basis; the name and number that have been abolished in the past four years; the name and number that have been amalgamated; the name of those to be abolished or amalgamated in 2010; and if he will make a statement on the matter. [2741/10]

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.

Schools Building Projects. 340. Deputy Seán Ó Fearghaíl asked the Minister for Education and Science further to Parliamentary Question Nos. 345 to 354, inclusive, of 1 December 2009, if his Department is in a position to provide the information sought regarding schools in counties Kildare and Laois; and if he will make a statement on the matter. [2754/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The position remains the same as outlined in my reply to Parliamentary Questions Nos. 345, 346, 347, 348, 349, 350, 351, 352, 353 and 354 of 1 December 2009. As soon as the information sought is available I will arrange to have it forwarded to the Deputy.

341. Deputy Emmet Stagg asked the Minister for Education and Science when tenders will be invited for the required extension to a school (details supplied) in County Kildare. [2757/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers was included in my announcement last year of 43 projects to proceed to tender and construction and is currently at an advanced stage of architectural planning. Information in respect of the school building programme, including the project referred to by the Deputy, is available on my Department’s website at www.education.ie. Planning permission has been received and the Design Team are currently working on completing the stage 2(b) submission

1113 Questions— 21 January 2010. Written Answers

[Deputy Batt O’Keeffe.] for this project. Following receipt and review of the Stage 2(b) submission, my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

342. Deputy Emmet Stagg asked the Minister for Education and Science if he will sanction the appointment of a design team for the required extension at a school (details supplied) in County Kildare. [2758/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that my Depart- ment has received an application for major capital funding for the provision of an extension for the school referred to by the Deputy. The application has been assessed and has been assigned a band 1 rating under the prioritisation criteria for large scale projects. 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 the 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.

Schools Building Projects. 343. Deputy Emmet Stagg asked the Minister for Education and Science if tenders for the required extension to a school (details supplied) in County Kildare have been invited. [2762/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the Board of Management was recently authorised by my Department to proceed to tender.

344. Deputy Emmet Stagg asked the Minister for Education and Science if tenders for a new permanent school (details supplied) in County Kildare have been invited. [2763/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the Board of Management was recently authorised by my Department to proceed to tender.

345. Deputy Emmet Stagg asked the Minister for Education and Science when a design team will be appointed for the required extension at a school (details supplied) in County Kildare. [2772/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital

1114 Questions— 21 January 2010. Written Answers funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band 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 Departments 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 indicative timeframe for the progression of the project at this time.

School Accommodation. 346. Deputy Emmet Stagg asked the Minister for Education and Science if a gaelcholáiste in deemed necessary for the north Kildare area in view of the review of the forward planning section. [2773/10]

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 post-primary accommodation requirements in the North Kildare area, and any subsequent issues which may arise, such as the need for a new gaelcholáiste will be considered in this regard.

Class Sizes. 347. Deputy Emmet Stagg asked the Minister for Education and Science the number of pupils by school in each national school in County Kildare for the 2008-2009 school year in class sizes of less than 20 pupils, 20 to 24 pupils, 25 to 29 pupils, 30 to 34 pupils, 35 to 39 pupils and 40 plus pupils. [2777/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Class size data for each primary school is available in the statistics area of the Department’s website at the following link. http://www.education.ie/home/home.jsp?pcategory=17216&ecategory=47122&language=EN

348. Deputy Emmet Stagg asked the Minister for Education and Science the number of pupils by class size range by county in 2008/2009 school year. [2778/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Data on the number of pupils by class size range by county in 2008/2009 are shown in the table.

1115 Questions— 21 January 2010. Written Answers

[Deputy Batt O’Keeffe.] Number Of Pupils In Ordinary Classes By Class Size Range By County (2008/2009)*

0-9 10-19 20-24 25-29 30-34 35-39 40 + Sum Pupils Pupils Pupils Pupils Pupils Pupils

Carlow 16 494 1,565 2,763 1,611 145 6,594 Cavan 25 1,253 2,563 3,440 1,450 108 8,839 Clare 116 1,738 4,007 4,440 2,265 400 12,966 Cork City 18 3,234 3,674 4,233 2,402 36 13,597 Cork County 191 4,337 11,149 14,956 9,147 1,148 41 40,969 Donegal 168 3,037 5,042 6,957 3,125 107 18,436 Dublin City 95 10,089 10,479 14,272 5,847 184 40,966 Dun Laoghaire-Rathdown 9 1,210 3,621 6,909 4120 15,869 Fingal 37 1,552 5,099 16,675 5,450 28,813 Galway City 26 1,283 1,972 1,859 1,245 6,385 Galway County 200 4,078 5,221 6,818 2,654 385 19,356 Kerry 144 2,067 5,338 5,552 1,888 250 15,239 Kildare 9 1,001 5,642 13,071 5,607 181 25,511 Kilkenny 16 1,139 2,107 4,331 2,130 319 10,042 Laois 9 1,070 2,298 3,578 2,085 35 9,075 Leitrim 42 745 854 1,047 625 35 41 3,389 Limerick City 9 1,563 1,442 2,826 1,012 35 6,887 Limerick County 123 1,706 3,565 4,923 3,303 105 13,725 Longford 25 851 1,213 1563 798 36 4,486 Louth 9 1,678 3,581 6,313 3,258 109 14,948 Mayo 217 3,648 3,458 4,964 1,526 144 13,957 Meath 1,273 4,938 10,382 5,057 71 21,721 Monaghan 30 1,142 1,800 2,407 1,100 107 6,586 Offaly 7 1,067 3,017 3,576 1,432 143 9,242 Roscommon 119 1,466 2,280 2,341 624 70 6,900 Sligo 60 1,179 2,455 2,043 999 105 6,841 South Dublin 17 4,051 7,891 12,432 4,338 107 90 28,926 Tipperary N.R. 37 1,472 2,594 3,073 590 110 7,876 Tipperary S.R. 43 1,486 3,343 3,002 1,657 105 9,636 Waterford City 572 1,522 2,702 1,072 5,868 Waterford County 18 719 1,949 3,281 1,275 185 7,427 Westmeath 33 1,336 3,098 3,735 1,799 35 10,036 Wexford 28 2,023 4,982 6,477 2,872 358 16,740 Wicklow 46 1,682 3,373 6,376 3,088 180 14,745

Sum 1,942 67,241 127,132 193,317 87,451 5,338 172 482,593 * Pupils In Special Schools Or Classes Are Not Included In The Above Table.

Schools Building Projects. 349. Deputy Pat Breen asked the Minister for Education and Science further to Parliamen- tary Question No. 394 of 15 December 2009, when a technical visit will take place at a school (details supplied) in County Clare; and if he will make a statement on the matter. [2787/10] 1116 Questions— 21 January 2010. Written Answers

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. Officials from my Department will contact the school shortly with regard to arranging a technical visit. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependant on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project for this school, will be considered in the context of my Depart- ment’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years.

Special Educational Needs. 350. Deputy Charlie O’Connor asked the Minister for Education and Science if he will direct his officials to make contact with the management of a school (details supplied) in Dublin 24 to deal with the concerns of the school community in respect of threatened staff cuts; if his attention has been drawn to the importance of this school maintaining it’s full services to the community; and if he will make a statement on the matter. [2788/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the Deputy is referring to the level of special needs assistant (SNA) support in the school in question. As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply. 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.

Higher Education Grants. 351. Deputy Leo Varadkar asked the Minister for Education and Science if a mature student, re-entering education after a break of one year or more to pursue an approved full-time level nine qualification is automatically deemed ineligible for the higher education grant if they are already in possession of a level nine qualification, even if that qualification is in an entirely different and unrelated field; and if he will make a statement on the matter. [2794/10]

Minister for Education and Science (Deputy Batt O’Keeffe): Financial assistance is available to students under the Third Level Student Support Schemes, which are administered by the Local Authorities and Vocational Education Committees on behalf of my Department. Students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment.

1117 Questions— 21 January 2010. Written Answers

[Deputy Batt O’Keeffe.]

Under the terms of the Higher Education Grant Scheme a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether or not a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification. However, in December 2000 clause 7.7 of the Higher Education Grant Scheme was amended to provide financial assistance to eligible candidates who already hold a postgraduate qualification and who wish to enter a further postgraduate course, at a higher level, which represents progression from the level at which the first qualification was attained. The progression route at postgraduate level, for grant purposes, is as follows: Higher Diploma/Postgraduate Diploma ? Masters ? PhD/Doctorate Candidates who hold a masters qualification and are currently pursuing a postgraduate qualification cannot be considered for funding. There are no plans at present to change the current arrangements. Any such proposal would have to be considered in the light of existing resources and other competing demands in the education sector.

Schools Building Projects. 352. Deputy Darragh O’Brien asked the Minister for Education and Science the progress made regarding the delivery of the permanent 16 classroom school for a school (details supplied) in County Dublin; when he expects work to commence; and if he will make a statement on the matter. [2797/10]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the project has been authorised to proceed to tender. When the tender process is complete and assuming there are no issues arising, the project will progress to construction.

353. Deputy Leo Varadkar asked the Minister for Education and Science when a planning application will be lodged to construct new national schools in Tyrellstown, Dublin 15; and if he will make a statement on the matter. [2807/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The Local Authority recently advised my officials that the negotiations with a land owner have concluded and they are now exchanging Contracts to complete the sale of a site. My Department, as sought by the Local Authority, has arranged to provide the funding to the Council to enable the transaction to be concluded. The Department has already commenced preliminary work on master-planning the site and other associated work and a building project will be progressed to deliver school accommodation for Tyrellstown as soon as possible.

354. Deputy Leo Varadkar asked the Minister for Education and Science the progress made in acquiring a permanent school site for a school (details supplied) in Dublin 15; when a planning application will be lodged in respect of this school; and if he will make a statement on the matter. [2808/10]

1118 Questions— 21 January 2010. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Fingal County Council have recently advised my Department that negotiations are continuing in relation to a site for the school in question. The matter of submitting a planning application will be dependent on the successful completion of the site acquisition by the Local Authority.

355. Deputy Leo Varadkar asked the Minister for Education and Science when a planning application will be lodged for the extension to a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [2809/10]

Minister for Education and Science (Deputy Batt O’Keeffe): A project for the school to which the Deputy refers is currently at the final stage of appointing a Design Team. The school’s preferred design team has been approved by my Department following an open tender competition and contracts for appointment of the design team have been forwarded to the school for completion by the school and the design team. Following the appointment of the design team the project will commence architectural planning without delay. An application for planning permission will form part of stage 2(b) of the architectural planning process.

Higher Education Grants. 356. Deputy Leo Varadkar asked the Minister for Education and Science if he will streamline the process associated with the higher education grant in view of the inconsistent application of the grant from one local authority area to another; and if he will make a statement on the matter. [2810/10]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department is actively engaged in a programme of legislative and administrative reform of student grants. The passage of the Student Support Bill will facilitate progress on the two significant pillars of an overall programme of legislative and administrative reform of student grants, the development of a single unified grant scheme and reform of the administration of student grants. I am endeavouring to progress to a single scheme of grants as provided for in the Bill at the earliest possible date. While the current financial situation may necessitate retention of the existing administrative structures in the immediate term, I am assessing organisational options for the grants administration function in the longer run, with a view to streamlining operations and achieving greater administrative efficiency. Possible options for a more significant aggre- gation of functions are now being explored within the broader context of budgetary considerations and the Government’s overall programme of public service reform. A number of the amendments to the Student Support Bill are at the final stages of preparation and my Depart- ment is currently working closely with the Office of the Attorney General to finalise any outstanding matters. The Department in the meantime is continuing to work closely with both the VECs and local authorities and other relevant stakeholders to develop a number of initiatives to support more effective delivery of the grant schemes. A fundamental review of the entire business process is underway with a view to ensuring consistency of application and a more streamlined and effective service for students. This includes matters relating to application, assessment and payments arrangements.

Departmental Funding. 357. Deputy Denis Naughten asked the Minister for Education and Science his plans to

1119 Questions— 21 January 2010. Written Answers

[Deputy Denis Naughten.] address the discrepancy in the level of funding provided to voluntary second level schools and those in the community and comprehensive sector; and if he will make a statement on the matter. [2831/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The funding arrangements made by my Department for second-level schools reflect the sectoral division of our second- level system. At the core of all arrangements is reliance upon capitation as the principal deter- minant of funding. My Department provides funding to secondary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils. There have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2009, the standard per capita grant was increased by €14 per pupil and now amounts to €345 per pupil. In addition, voluntary secondary schools have benefited by the increase of €8 per pupil in 2009 in the support services grant bringing that grant to €212 per pupil. The cumulative increase of €22 per pupil in a voluntary secondary school brings the aggregate grant to €557 per pupil. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example, in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support services to over €318,500. The corresponding figure in 2000 was approximately €147,300. Budget allocations for schools in the Community and Comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis in line with increases in the per capita grant paid to voluntary secondary schools. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants. My Department has provided an estimated €21million to voluntary secondary schools in equalisation funding to date. These significant increases in the funding of post-primary schools are a clear demonstration of the Government’s commitment to prioritise available resources to address the needs of schools. I will consider how best to complete the process of equalisation of funding at second level having regard to available resources.

School Staffing. 358. Deputy Willie Penrose asked the Minister for Education and Science if he will take steps to permit Westmeath Vocational Education Committee to fill vacancies that have arisen at the various schools under their jurisdiction (details supplied); and if he will make a statement on the matter. [2843/10]

Minister for Education and Science (Deputy Batt O’Keeffe): In relation to the correspondence referred to by the Deputy, he will be aware that when the Government was introducing the moratorium in the public sector last year I secured a special arrangement for education which ensured we could fill teacher and SNA posts. The concession also provides for the filling of Principal and Deputy Principal posts in all schools and the first allocation of posts of responsibility in new schools. Following the Government decision my Department issued a circular to all schools indicating that with effect from 27 March, 2009 schools may no longer

1120 Questions— 21 January 2010. Written Answers make any appointment to a post of responsibility including those that may have fallen vacant on or before 27 March, 2009. This Circular 0022/2009 is available on my Department’s website. It is a matter for each school authority to re-organise and prioritise the appropriate duties for post of responsibility holders in the context of implementing this moratorium.

Institutes of Technology. 359. Deputy Joanna Tuffy asked the Minister for Education and Science the numbers of staff in institutes of technology at the end of 2007, 2008 and 2009 in tabular form. [2867/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is provided in the attached table. Data for December, 2009 are not yet available and the figures provided are in respect of September, 2009.

Institutes of Technology Staff

Whole Time Equivalent December 07 December 08 September 09

Athlone IT 449.92 546.50 526.53 Blanchardstown IT 202.76 202.56 196.67 Carlow IT 348.00 378.84 352.80 Cork IT 1,010.26 1,009.70 957.43 Dublin Institute of Technology 2,017.70 2,126.10 2,087.70 Dundalk IT 527.90 543.40 521.86 Dun Laoghaire Institute of Art Design and 219.34 216.21 207.16 Technology Galway-Mayo IT 708.19 705.58 691.51 Letterkenny IT 371.52 341.25 365.26 Limerick IT 474.78 508.30 520.40 Sligo IT 486.00 488.00 476.00 Tallaght IT 345.79 367.61 349.72 Tralee IT 363.00 367.89 352.64 Waterford IT 1,052.73 1,087.80 9,33.95

Total 8,577.89 8,889.74 8,539.63 Estimated figure for Carlow IT Dec 07.

School Staffing. 360. Deputy Joanna Tuffy asked the Minister for Education and Science the numbers of temporary teachers employed and paid for by his Department in primary and second level schools at the end of 2007, 2008 and 2009; and if he will make a statement on the matter. [2868/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The numbers of temporary teachers paid through my Department’s payrolls in Voluntary Secondary and Community & Comprehensive schools on the 31st May of 2007, 2008 and 2009 are as follows: 2008/09, 460; 2007/08, 786 and 2006/07, 594. The figures for the Primary sector for 2007, 2008 and 2009 are being compiled and will be forwarded directly to the Deputy. 1121 Questions— 21 January 2010. Written Answers

Departmental Agencies. 361. Deputy Joanna Tuffy asked the Minister for Education and Science the number of staff employed in each agency that derives from his Department at the end of 2007, 2008, and 2009; and if he will make a statement on the matter. [3208/10]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested is currently being compiled and will be forwarded to the Deputy as soon as possible.

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