Vol. 632 Wednesday, No. 5 28 February 2007

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 28 February 2007.

Leaders’ Questions ………………………………1133 Ceisteanna—Questions Taoiseach …………………………………1145 Visit of Czech Delegation ……………………………1151 Ceisteanna—Questions (resumed) Taoiseach …………………………………1151 Requests to move Adjournment of Da´il under Standing Order 31 ………………1180 Order of Business ………………………………1181 Statute Law Revision Bill 2007 [Seanad]: Second Stage ………………………………1185 Referral to Select Committee …………………………1206 Carbon Fund Bill 2006: Second Stage (resumed) ……………………1207 Ceisteanna—Questions (resumed) Minister for Community, Rural and Gaeltacht Affairs Priority Questions ……………………………1209 Other Questions ……………………………1218 Adjournment Debate Matters ……………………………1235 Messages from Select Committees …………………………1236 Carbon Fund Bill 2006: Second Stage (resumed) ……………………………1236 Referral to Select Committee …………………………1261 Consumer Protection Bill 2007 [Seanad]: Second Stage …………………1261 Private Members’ Business Domestic Violence: Motion (resumed) ………………………1290 Consumer Protection Bill 2007 [Seanad]: Second Stage (resumed) ……………………………1323 Referral to Select Committee …………………………1345 Adjournment Debate Hospitals Building Programme …………………………1346 Hospital Services ………………………………1348 Nursing Home Subventions …………………………1350 Social and Affordable Housing …………………………1353 Questions: Written Answers ……………………………1357 1133 1134

DA´ IL E´ IREANN is a crisis that needs to be addressed? Is it five out of ten, six out of ten or seven out of ten? ———— What is the Government’s strategy in terms of constantly reminding parents of their responsibil- De´ Ce´adaoin, 28 Feabhra 2007. ities and children of the dangers in addition to Wednesday, 28 February 2007. the actions of the State in being able to address this issue? ———— The Taoiseach: Enormous and substantive pro- Chuaigh an Ceann Comhairle i gceannas ar gress has been made in the past 15 or 20 years 10.30 a.m. in the implementation of all aspects of the drugs strategy to deal with issues relating to drugs. ———— Mr. English: It was not very successful. Paidir. Prayer. The Taoiseach: In the past seven or eight years, we devised a national drugs strategy. We invested ———— the necessary resources, people and facilities in the strategy. Approximately 500 projects have Leaders’ Questions. been funded under the young people’s facilities Mr. Kenny: Yesterday, I raised the serious inci- and services scheme, which has been in place for dent arising from an alleged paedophile ring in ten years. Hundreds of youth workers and out- Dublin. Today, I wish to refer again to an issue reach workers are dealing with this issue. affecting our young people. We have known for Regional drugs teams are in place. There is a a long time that young teenagers are regularly good nucleus of people involved in the preven- getting hammered on drink. We know now from tion of drug abuse and in helping people get away a report being published today that they are also from drugs and staying off them. We invested getting high on drugs. This report is aptly called, money in sport, recreation and addiction coun- The State of the Nation’s Children — I emphasise selling throughout the country. We have a good the word “children”. The report shows that four basis that has been built up over a number of out of ten children under 15 years of age have years with a significant number of people sampled drugs. That makes us number three in involved. the world for trying out drugs. When it comes to girls, tragically, we are number one in the world Mr. Costello: The situation is getting worse. for trying out drugs. That is an 8% increase in eight years. The Taoiseach: The figures quoted in the When I raised the issue of drugs a fortnight media and referred to by Deputy Kenny in regard ago, the Taoiseach stated: “I do not believe we to teenage drinking and drug use relate to a sur- should say... there are serious drug problems in vey which was carried out in 2002 and published every village, community and locality because in 2003. The report is four years old. It was pub- that is not the case”. Fr. McVerry rightly pointed lished by the European school survey project on out drugs are apparently available within five alcohol and drugs. The statistics, together with minutes of any location. We know the duties of other research from 22 different data sources, are parental responsibility include that parents know contained in a report which has been compiled by where their children are at any time and who they the Minister of State, Deputy Brian Lenihan, and are with, but today’s report is a damning indict- the Office of the Minister for Children. The ment of the state of society in so far as young report will be published today. It does not contain teenage boys and girls are concerned. any new information. It is a compilation of exist- ing data on areas of children’s lives that have Mr. Brennan: They sample drugs. been identified as important indicators of their well-being. Mr. Kenny: I am not sure what action the The report contained some very good news absent and sometimes hysterical Minister for about children. For example, Irish children rank Justice, Equality and Law Reform has taken second among WHO countries in terms of being about respectable Ireland, which, according to physically active and involved in recreation and reports, regularly snorts vast quantities of white sport. This is classified worldwide as being at least powder, namely, cocaine. four hours per week. I agree with Deputy Kenny about the fact that 40% of teenagers have exper- An Ceann Comhairle: The Deputy’s time is imented with drugs — let us get the word right, concluded. it is “experimented”. If a child of 14 tries one fag or one drink, it does not make him or her a com- Mr. Kenny: In the Taoiseach’s view, what state pulsive smoker or an alcoholic. do we have to reach before he realises the reality of what is happening and for him to agree there Mr. McCormack: It leads to it. 1135 Leaders’ 28 February 2007. Questions 1136

Ms O. Mitchell: Alcohol is legal. There is a Mr. Kenny: The Taoiseach should not try to slight difference. put words in my mouth. I did not say that every young person was experimenting with drugs. I The Taoiseach: One samples. said the report indicated that young people under the age of 15 were trying out drugs. I agree that An Ceann Comhairle: The Taoiseach should be definitions are important. Cannabis is a gateway allowed to speak without interruption. drug and leads to other addictions. Some of the facts that have emerged in recent years include a The Taoiseach: A total of 40% of teenagers teenager, high on Ecstasy, gouging out his own sampled drugs. eye at a party. Parents have taken out barring orders against their drug-addicted children to Mr. J. O’Keeffe: It is the first step. avoid eviction. A 17 year old Dublin girl, a drug addict, was charged with loitering in a public The Taoiseach: They are not on drugs. They place with intent to solicit for prostitution. A 16 are not junkies or winos. Deputies opposite year old homeless boy begged that he be brought should not try to twist figures. I do not believe all to St. Patrick’s Institution for Christmas. Heroin our young people are either drinking or on drugs addiction ruined the life of a 16 year old. It or that every community is riddled with drugs. I caused him to attack his father and wreck his do not believe that; I do not see it. home. This reality was brought to my attention last night at a meeting in Dublin, where many Mr. Durkan: The Taoiseach had better come children from the inner city leave the primary alive then. system with no hope and find themselves exposed to drugs on a regular basis. Mr. English: The Taoiseach should get out of The Taoiseach states he is doing all the work. ´ his car. In 1996 there was a total of 52 gardaı in the Garda National Drugs Unit, of which 47 were oper- ational gardaı´. In 2006 there was one more, 53, An Ceann Comhairle: The Taoiseach should be to deal with what the Taoiseach talks about. The allowed to speak without interruption. Taoiseach is in favour of everything that helps, as am I. Since I made a proposal for voluntary ran- The Taoiseach: I do not see it and I do not dom drug-testing in schools two weeks ago, it has accept it. received strong support from around the country. Pilot schemes could be undertaken in one or two Mr. Kehoe: The Taoiseach should get his head counties, asking the schools to agree to a random out of the sand. drug-testing scheme on a voluntary basis to help reduce peer pressure and the incidence of exper- The Taoiseach: It is not the evidence of edu- imenting with drugs. This proposal would be cationalists, people involved in sports or the helpful although the Minister for Education and scouting organisations. I accept people are Science does not agree. addicted to drugs but let us not try to use figures I congratulate the Garda Sı´ocha´na but the for those who might have sampled drugs once in problem is out of control in some areas. The price their life and accuse them of being addicted. of cocaine is dropping due to a flood of it on the Under the national drugs strategy, there are a market. It is addictive. Fine Gael will support any number of dedicated school programmes aimed action taken. Does the Taoiseach support volun- at tackling drug abuse. We should continue the tary random drug-testing and will he give it his social, personal and health education programme imprimatur? which is a curriculum subject at both primary and post-primary schools at junior level. They are The Taoiseach: The Government set up the dedicated modules that focus on the prevention Office of the Minister for Children under the of alcohol and drug abuse. I am in favour of Minister of State with responsibility for children, everything that tries to give advice to people, Deputy Brian Lenihan, to deal with all issues makes them aware of issues and provides train- affecting children in an increasingly complicated ing. I can rattle off a significant amount of world. The issues of yesterday reinforce that resources that are being spent every day by point. I accept Deputy Kenny’s point and, if the people working in these areas throughout the boards of management and the schools do not country. We have a good system trying to deal object, I have no difficulties with voluntary ran- with the issue and good work has been done by dom drug-testing. I said that two weeks ago and the Garda Sı´ocha´na. I congratulate the Garda have asked people to examine it since then. Sı´ocha´na on its work last night breaking an inter- We should encourage what is positive. When national ring in Kildare. It tries to stop those who one sees a report that has so many positive make a living out of this, ruining the lives of our aspects about children, one can see people going children. While we have problems like every through it to find something negative and the Western society, a great amount of work is being headline focuses on the 40% of teenagers who done successfully and we should encourage it. have experimented with drugs. Some children 1137 Leaders’ 28 February 2007. Questions 1138 said they had sampled drugs but this leads to the that acute hospitals can refer patients who do not perception that our society is drug-ridden and require intensive care to other locations. We must booze-ridden and that is unfair to hundreds of deal with the bed situation, the biggest problem thousands of young people who listen to good in the health service. Arising from this, the co- parents, participate in active life and try to do location initiative was to invite private investment their best. The story from the report should have to free 1,000 beds now in public hospitals. This been that our children are the second most active will add more quickly to the overall capacity. in the world, according to the WHO, but that These services will be bought for public patients. aspect is not worth a candle according to some If Deputy Rabbitte asked if I was in favour of co- people. That is wrong. location beds on the sites of public hospitals — Resources for addiction counselling, detox- he is right to say the sites are scarce — that would ification programmes and methadone treatment never be accessible to any public patients and centres are important as are the resources pro- would not stand down the 1,000 beds designated vided for young people’s facilities funds across a as private or semi-private in public hospitals, I range of areas and in regional drug teams. Ulti- would be against such a proposal. That is a clear mately, helping involves having good youth statement. The Deputy asked if I was for or workers and community workers and providing against a proposal that takes over 1,000 beds cur- resources for scout halls and dens and for girl rently in designated public hospitals being taken guides to keep people away from drugs. The up by private patients, creating at times a delay absence of activity and of having something to and difficulties for public patients coming in I am do, leads people to drift to street corners, to the not against that. That is a sensible thing to do. ghettoblasters and into drugs. Activity is the sol- In regard to co-location I will cite the example ution to the problem. Sufficient research exists to I know best for obvious reasons. For over 120 prove that. We must promote resources for sport years there has been co-location on the site of my and recreation in the widest sense. It does not former employment, the Mater Hospital, where matter if it is tiddlywinks or sophisticated field the public hospital operated as such and the sport — each one is helpful. This is being success- private hospital has worked since 1860. There is fully done and we will continue to do it. I support no difficulty there. The doctors on the campus it and have provided considerable resources to it. move from one hospital to another. Mr. Rabbitte: Does the Taoiseach acknowledge Ms McManus: That does not solve the that all expert opinion agrees that the greatest problem. challenge in our health service is the two-tier system? Does the Government accept this is the cause of the fundamental inequality in our health The Taoiseach: Under the terms of their con- service? Public patients are treated as second tracts they can do that. It works very effectively. class citizens, languishing in the community, I do not see a difficulty in that happening. In languishing in queues and waiting for access to modern life to have co-location of senior staff is hospitals. The Government’s latter day response an enormous help. is the Harney plan to give tax incentives to private developers to build private hospitals on Mr. Howlin: It equates to inequality. scarce public land. The two tier divide at the heart of inequality in the health service will be The Taoiseach: It creates equality for public worsened by the plan to build super private clin- patients not inequality. ics on scarce public land. Where did the Minister for Health and Children get the mandate for this Mr. Sherlock: There are no public beds in gearshift towards medicine for profit? It was not private hospitals. included in the manifesto or in An Agreed Prog- ramme for Government. It is a reversal of the The Taoiseach: I do not see an extension of health strategy published by the two Govern- that being anything other than helpful. In fact ment parties. what has happened recently, whether with Whit- Have contracts been prepared and will they be field in Waterford, the new private hospital in signed on the eve of the election to hand over Galway, or private hospitals——- public sites to private developers and investors to make profit from health, which is a community Mr. Stagg: That is gone now. service and not a commodity? Is it the intention of the Government to sign such contracts in The Taoiseach: These hospitals are increasingly advance of the general election? using their facilities for public patients too.

The Taoiseach: One aspect of Government Ms Burton: They are doing so at three times policy is to increase the number of beds, which is the price. needed. There are 52 acute hospitals and there is a problem with seven or eight, and two or three An Ceann Comhairle: Allow the Taoiseach to at any one time, where we require more beds so speak without interruption. 1139 Leaders’ 28 February 2007. Questions 1140

Mr. Crawford: The Ceann Comhairle is as bad shame for going along with an idea clutched in as the Taoiseach. desperation out of the ideological air by the Pro- gressive Democrats. The Taoiseach: When the Opposition Deputies Will the Taoiseach sign those contracts? If do not like the argument they interrupt. there is a change of Government, and I believe there will be, we will not proceed with those con- Mr. English: We do not believe the argument. tracts. The Taoiseach should say clearly whether he is going to sign them before the election. The Taoiseach: The consultants use the facili- ties in private hospitals for public patients. Last Deputies: Hear, hear. week I attended an event in the Mater Hospital for the arrival of new cancer equipment. This The Taoiseach: I apologise for not answering equipment is not available anywhere else on Deputy Rabbitte’s first question. I am not aware these islands, not in Scotland, England, Wales or of any contract. The Deputy can table a Northern Ireland. It has come first to the Mater parliamentary question to the Minister for Health Hospital. One quarter of the patients using it will and Children. I am aware of no contract at any be public patients. I see no difficulty in that. stage of negotiation. It is not a good idea to separate them totally I am not suffering an ideological problem, but with Chinese walls. I am very clear about that. A Deputy Rabbitte is. campus hospital, with private and public hospitals, with the proper facilities and co- Ms O’Donnell: Exactly. It is Deputy location, is good for public patients. That is my Rabbitte’s problem. view after seeing the argument from both sides, as an administrator, an accountant, a practising Mr. Stagg: The Taoiseach has back up from the politician, and Joe Public, as well as being PDs anyway. Taoiseach. Mr. Howlin: They might never see any other Mr. Rabbitte: The Taoiseach of course did not talks. answer the question I asked him about the contracts. The Taoiseach: I listened carefully to Deputy Howlin’s leader can he please just give me more The Taoiseach: I will answer that question. than ten seconds without interrupting? We have a good medical service—— Mr. Rabbitte: He has made clear that the mod- ern Fianna Fa´il is in favour of reinforcing Ms Burton: Have we? inequality. The Taoiseach: ——and a good health service Mr. N. Dempsey: That is Deputy Rabbitte’s for public patients. spin. Ms Burton: Tell that to the people on trolleys. Mr. Rabbitte: That is essentially his point. I am Dr. Cowley: There are 34 people on trolleys. not talking about private hospitals. We have always had them. That is not the issue, if one Mr. D. Ahern: Yes, 400,000 plus. It is Deputy wants to pay for a private hospital go ahead and Cowley in Mayo. pay. I am talking about the inequality at the heart of our existing system whereby public patients are The Taoiseach: The advantage in our system treated in an inferior way and must wait in never- is—— ending queues. Ms Burton: ——that some people get very rich Mr. Gormley: Yes, absolutely. from it. That is the advantage.

Mr. Rabbitte: The Taoiseach has given his An Ceann Comhairle: Deputy Burton should blessing to the construction on public land of allow the Taoiseach to speak without interrup- private hospital beds when he knows well that he tion. She is not the leader of her party. Deputy cannot stop any private patient occupying a Rabbitte is entitled to hear the reply to his public bed. The Taoiseach knows that and he question. knows there is hypocrisy at the heart of the aspir- ation in the negotiation with consultants which Mr. McCormack: We wish there was a reply. reinforces the two-tier system. The Taoiseach will permit further cherrypicking of the simple pro- Mr. Rabbitte: People die while waiting with us. cedures that are profitable and leave the complex medical specialisms and teaching obligations to The Taoiseach: The advantage in the system is the public service, facilitating a migration of per- that medical consultants can work in private and sonnel to the private sector. That is the nature of public hospitals. It is my absolute conviction that this plan. Fianna Fa´il ought to hang its head in the public patient gains most out of that system. 1141 Leaders’ 28 February 2007. Questions 1142

A high-powered consultant who has worked any- The Taoiseach: I have said I have no contracts. where in the world, comes back to this country and operates in public and private hospitals in Mr. Rabbitte: The Taoiseach has signed con- our system. tracts for every community centre around the The fact there is co-location on the site country. whereby some beds are designated as private, and there is a public hospital too, for out-patient clin- The Taoiseach: There are no contracts. The ics, ward rounds, surgery, pathology, radiology position is that Deputy Rabbitte wants to stop the and a host of other services we get the benefit of practice of medical consultants in this country top class consultants who can work on both sites. working for public patients. Shame on him. That That is an excellent system. It means that Joe and would create the greatest inequality we ever had. Mary Bloggs who have little other than welfare, or Mr. X or Mr. Y, who are millionaires or Mr. J. O’Keeffe: Apartheid in the health billionaires, can be seen by the same consultant. service. It happens every day in our hospitals, very suc- cessfully. Mr. Sargent: I listened to the questions asked by Deputy Joe Higgins yesterday and I am glad Mr. Howlin: That is a joke. my colleague in the Technical Group raised the issue of climate change. Last Monday we heard Ms Burton: People wait five years to get an from the Institute of European Affairs about the out-patient appointment. challenges being faced. Throughout Europe people are talking about how we will reduce Mr. Rabbitte: Where does the Taoiseach live? emissions to 20% below 1990 levels. In this coun- try there has been a 7% growth in transport per (Interruptions). annum instead of a reduction. We are faced with trying to cut our greenhouse gas emissions by a The Taoiseach: It is a pity the Labour Party third. does not even know how a public hospital works The Taoiseach appears to be making change in this country. hard for himself and I wonder if that is necessary. Deloitte & Touche recommended that the trans- Ms O. Mitchell: Poorly. mission grid should be separated 11 o’clock from the country’s generation capa- (Interruptions). city. The ESB, therefore, would not be in charge of the grid any more but would be a The Taoiseach: The Deputies laugh because in separate concern. The Kish Bank offshore project their ignorance they do not understand the system. was given a support mechanism for 2003 but was left in the hands of the ESB and there is no move- Mr. Crawford: We are laughing at the ment on that. Does the Taoiseach not get the Taoiseach’s ignorance. message that the ESB is dragging its heels? The Government must give a direction as to how The Taoiseach: Some of the most eminent con- things must proceed. At the same time, Irish com- sultants in this country, and it is not for me to panies such as Airtricity and OpenHydro are argue their case because I am negotiating trying throwing their hands up in despair and heading to change a contract with them but that is another to places such as Scotland, Texas or China to point, give their service in public out-patient clin- invest and make enough electricity to keep ics looking after Joe and Mary Bloggs day in and Ireland going. day out. I would like them to do more of that and The Taoiseach is not giving direction to the we are trying to negotiate a contract on it. ESB. Why has the interconnector been delayed Deputy Rabbitte unfortunately does not for four years? There is no facility for small pro- understand the system. ducers in the domestic sector to sell to the grid, even though that is possible in other developed Mr. Crawford: He understands that it does countries such as Australia, America and Euro- not work. pean states. Will the Taoiseach separate the grid from the generation sector? Will he direct the Mr. J. O’Keeffe: He understands it all too well. ESB to install smart metering in every home within five years? It could save a considerable The Taoiseach: If Deputy Rabbitte has amount on household electricity bills as well as announced this morning, and I believe he has, improve the country’s ability to deal with climate that he is opposed to it and that if he is elected change. Why has there been a delay with the his position is the current—— interconnector, which would help in this regard? A four year delay is inexplicable. Finally, will the Mr. Rabbitte: Is the Taoiseach going to sign Taoiseach give a direction to the ESB that it is the contract? time to go green and that it must ensure we are 1143 Leaders’ 28 February 2007. Questions 1144

[Mr. Sargent.] time, there are reports that the ESB is interested self reliant in renewable energy? The way it is in considering joining forces with a nuclear power going at present is wrong. producer to import French nuclear energy. Is it not time for the Taoiseach to put his foot down? The Taoiseach: As I said yesterday, all these If he is serious about being anti-nuclear, he issues will be dealt with in the White Paper. We should at least let the Irish producer sell into the published a Green Paper and there has been a grid before the French nuclear producer. There good, wide consultation process. The White must be a priority in this area. Is the Taoiseach Paper will be published shortly. We have engaged serious about turning this country round and giv- with the wider market on all the issues mentioned ing it the energy supply it needs from green, by the Deputy. Obviously, we have had dis- clean, renewable sources or will he continue to cussions with Airtricity, the ESB and others. pander to the French nuclear industry through They have a view and input on this issue. It is not the ESB? up to us to direct them. We must make the policy decisions and we will do that. Mr. N. Dempsey: It might help if the Green There is a Cabinet committee on this issue and Party did not oppose windmills. a large number of Ministers have been involved in it. They worked on the preparation of the Mr. Gormley: That never happened. Green Paper and are working on the White Paper, which will be brought forward by the Mr. D. Ahern: They are a` la carte greens. Minister, Deputy Noel Dempsey. The White Paper, as well as the new national climate change An Ceann Comhairle: I ask the Minister to strategy, will be brought forward before Easter. allow the Taoiseach without interruption. It is not fair to state the interconnector has been delayed for four years. Work on the intercon- Mr. D. Ahern: They are a` la carte greens. nector is ongoing. We cannot move more quickly on it. I was with the Minister when he outlined The Taoiseach: I have made our position clear that to the press conference. about nuclear energy and it is well understood We have increased wind energy in the system both in this country and outside it. We do not by 600% in a three year period. The Deputy need to do anything to prove our position in knows I have supported that. EirGrid is the inde- that regard. pendent transmission system operator; it is inde- pendent of the ESB. Mr. Cuffe: Tell that to the ESB.

Mr. Sargent: It is not. The Taoiseach: We favour smart metering whereby domestic renewable energy can be fed back into the grid. We are examining it closely. The Taoiseach: The Deputy disagrees but it is. Mr. Sargent: Soon. Mr. Eamon Ryan: It is owned by the ESB. The Taoiseach: Yes, we are looking closely at The Taoiseach: It is an independent trans- it. mission system operator. It is independent in law and independent of the ESB. It makes its Mr. Cuffe: You had ten years. decisions independently. We do not direct it. There was another meeting yesterday and we The Taoiseach: This is the Green Party again. hope to wrap this process up shortly and put both It never—— documents I mentioned into the public domain. Mr. D. Ahern: There are cost issues for the Mr. Sargent: Ownership rather than indepen- people but you are not worried about those. dence is the issue in terms of operating the system. I would like to press that, but now here. The Taoiseach: It ignores what we are doing on The concept of smart metering is gaining con- wind energy—— siderable support internationally as a way for householders to gain greater control over their Mr. Sargent: It will cost less than buying out electricity consumption and as a means of feeding the toll road. back into the grid domestically generated elec- tricity, be it from a farm, photovoltaic cells, The Taoiseach: The Green Party wants us to biomass or wind turbines. We do not have that pursue wind energy. Wind energy has gone up by facility. 600%, and now the party is against wind energy. It is ironic that the New Economics Foundation in the UK says microgeneration could save that Mr. Sargent: We are for it. Can the Taoiseach country £35 million per year and that it is cheaper not read? and faster to bring about than solar generation in terms of the energy effect, while, at the same The Taoiseach: You are for it. 1145 Ceisteanna — 28 February 2007. Questions 1146

Mr. Cuffe: There is more hot air on that side and if it will form the basis for fundamental of the House. public management reforms. [4070/07]

The Taoiseach: I was asked a question on smart The Taoiseach: I propose to take Questions metering and I confirmed that we are in favour Nos. 1 to 5, inclusive, together. of it. We have established targets for wind renew- In December 2006, the Government approved ables and we will exceed our EU target by 2010. a major review of the public service, which is Many of the Green Party’s supporters believe being undertaken by the Organisation for Econ- that what we are doing in that area is enormously omic Co-operation and Development, OECD. Its important. We are being seen to lead the way in two main objectives are to benchmark the public this, and I do not doubt that the party will con- service against those in other comparable coun- tinue to support our efforts in implementing it, as tries and to make recommendations on future well as our efforts in the climate change strategy directions for public service reform. and in the Green Paper. Furthermore—— The review’s terms of reference have been pub- lished and are available on my Department’s Mr. Sargent: Is the Taoiseach pleased with website. For the OECD to develop this systems himself? level approach and to apply it in the first instance to Ireland, we are increasing our contribution to The Taoiseach: ——when the party goes to the OECD on a once-off basis by \490,000. I communities that are against these things, I am expect the review to be completed by the end of sure its members will have the brazen attitude to 2007. stand up and say they have a consistent policy. A high level steering group of senior officials, chaired by the Secretary General of my Depart- Mr. D. Ahern: As long as they do not give sup- ment, is overseeing the review. There is a consul- port to big business. tation dimension to the review and appropriate arrangements will be put in place to allow stake- Mr. Durkan: That nearly merits a kiss. holders and interested parties to contribute their Mr. D. Ahern: At least we are supporting big views. business. While the review is not a detailed audit of indi- vidual sectors, such as health, education, local government, it is examining the effectiveness of Ceisteanna — Questions. arrangements through which Government objec- tives are translated into outputs and outcomes. It ———— is focussing on the connections between the different sectors, including the links between Strategic Management Initiative. Departments, offices and local government, the 1. Mr. Kenny asked the Taoiseach the progress health and education sectors, with a particular made by the quality customer service working focus on delivery of quality public services. group in his Department established under the Since the introduction of the strategic manage- strategic management initiative; and if he will ment initiative in 1997, significant change and make a statement on the matter. [43891/06] modernisation has already taken place in the public service. It is timely to begin to map out a 2. Caoimhghı´nO´ Caola´in asked the Taoiseach new phase of the change and modernisation prog- if he has commissioned the OECD to study the ramme, building on the significant change that public service; the terms of reference of this has occurred. study; and if he will make a statement on the Work is continuing on change and modernis- matter. [1126/07] ation and ongoing improvements are being made through the quality customer service initiative. 3. Mr. Rabbitte asked the Taoiseach the terms Considerable progress has been made in this, of the reference of the review of the public including the development of core customer service that he has asked the OECD to under- service principles, development of action plans by take; when it is expected that the review will be each Department and office, and improvement of completed; the expected cost of the review; and complaints procedures and clearer appeals if he will make a statement on the matter. systems. I accept further improvements are [1352/07] needed. Public service organisations must con- stantly respond to and anticipate the needs of an 4. Mr. J. Higgins asked the Taoiseach the pur- increasingly diverse and demanding customer pose of his invitation to the OECD to undertake base, who as citizens, rightly expect, that they will a major review of the public service. [1605/07] receive the highest standards of service from their public servants. 5. Mr. Boyle asked the Taoiseach the brief Several groups are actively working in this given to the OECD to deliver an audit of civil area. The quality customer service officers’ net- service working practices; the timeframe the work continues to work intensively on the OECD has been asked to deliver this audit in; development and promotion of the customer 1147 Ceisteanna — 28 February 2007. Questions 1148

[The Taoiseach.] One principle of the quality customer service charter initiative, including its extension to bodies for customers and clients of the Civil Service, under the aegis of Departments and offices. The states that it should “provide clean, accessible charter process is an important initiative whereby public offices that ensure privacy, comply with public service organisations are asked to publicly occupational and safety standards and, as part of commit to service standards and report on pro- this, facilitate access for people with disabilities gress made. To ensure the charters are being and others with specific needs”. What is the adopted and used consistently across Depart- extent of public buildings that do not have access ments and offices, an independent assessment is for persons with disabilities? It is difficult to make being undertaken by external consultants. A practical access available in some older Govern- report is expected in the coming weeks and this ment buildings because they have preservation will inform the next phase of the customer charter orders. Has an audit been undertaken of public process and help to embed it further in public buildings in which preservation orders have not service organisations. applied that do not have access for persons with The quality customer service research group disabilities? was involved in the commissioning of a major sur- vey of customer satisfaction levels and attitudes The Taoiseach: Most of the work on the initiat- towards Departments and offices. The results ive has gone on over many years. The steering were published in 2006 and are available on the groups involved mainly comprise officials, Sec- change and modernisation website, www.better- retaries General from the Civil Service and the gov.ie. Further surveys will be undertaken as they Revenue Commissioners. They are pressing the provide important information about the levels of initiative out to agencies under the aegis of the satisfaction and the quality of services being Civil Service. They have improved staff training, delivered. undertaken modernising public service premises, Awareness of the importance of better cus- ensure people are treated with courtesy and dig- tomer service is increasing across the public nity and are able to identify who is dealing with service. For example, last year in Dublin Castle, what. They have basically followed the principles I presented 20 public service excellence awards to set down in the customer charter process. The projects that made a significant contribution in steering groups meet regularly, if not weekly, and this area. These awards are made every two years press on with improving standards and other and submissions for the 2008 awards will be matters such as the simplification of forms and invited from across the public service towards the dealing with the public in a helpful way. They end of this year. The winning projects last year have made much progress. I accept the Deputy’s were selected from more than 150 applications, point is valid, that a member of the public should almost all of which were making a real improve- be able to ring a section and speak to named indi- ment to the services being delivered on the viduals. I will raise the point made by Deputy ground in key areas such as health, education and Kenny on signatures. local government services. The initiative is being extended to bodies under the aegis of Departments and offices. The OECD Mr. Kenny: If one were to decipher the reply review will examine the links between the various and translate it into reality, matters would seem sectors, Departments and offices and local very different on the ground. The reply is very far government, health and education sectors with a removed from the reality. The late John Boland, particular focus on delivery of quality public when dealing with public service reform, intro- services. The review will be completed this year. duced a requirement that one could read the sig- A range of meetings have already taken place natures on all letters emanating from public between key civil servants and the OECD. Var- service offices and that the public could make ious committees have been established, mainly at contact with the signatory or signatories. From assistant secretary level, to examine best practice many of the letters I receive, this requirement in other countries. Other countries have seems to have gone by the wayside as many of embarked on these reviews and many models are the signatures are illegible. available, so we will not have to reinvent the Many planning offices in local authorities are wheel. It is therefore a case of opening the Civil cramped, with people whispering their business to Service and forging links to achieve better stan- officials. Last week, an accident and emergency dards and practices. That process has started at a consultant at Beaumont Hospital informed me Government level and should be complete by the that he must assess patients in the department in end of the year. It will be next year before the front of other patients, leaving them with no priv- OECD report is ready. acy or dignity. Many doctors tell me they have to I do not have a figure for the buildings. carry out physical examinations in full view of However, I know that last year when we pub- other patients. This is what the review should lished the sectoral plans for the disabilities lobby, examine. Taxpayers who look for a public service very few Government or public buildings were should expect a certain standard that respects not covered. There are some specific problems, their privacy and dignity. I know the Taoiseach but most buildings are now readily accessible. would aspire to the highest standards. One reason for the sectoral plans was to try to 1149 Ceisteanna — 28 February 2007. Questions 1150 eliminate other difficulties, inequalities and a good reason. However, they had been at the deficiencies in Departments and agencies. Those counter for 22 minutes when the young man used covered everything from buses to health clinics. his mobile telephone to dial the Garda station to Under the sectoral plans there is now a com- get the garda from behind the counter to come mitment to deal with those issues within a fixed out and ask them what they wanted. period. Although I cannot remember all the detail, the general view at the meetings was that Mr. Kenny: That was when he was in the if the sectoral plans were implemented, that station. would by and large eliminate the difficulties. While there might be some very old buildings Mr. Rabbitte: That kind of thing is driving citi- where compliance would be difficult, it would be zens demented. true of most services, and certainly in the case of I believe that I recently read that some bright all those introduced in recent years. Those are spark in the public service wanted to dig out the included and offer good access. Chamber and install a new one for us with ply- Regarding communications, as one goes wood and modern gadgetry. I sincerely hope that around public buildings, one always wishes that the Taoiseach will not permit that. There is abso- there might be another way and that officials lutely no need to dig out the Chamber just might deal with people in private rooms rather because someone wishes us to be an intelligent than talking through screens and barriers, which island at the leading edge of technology, as hap- can be quite intimidating. Of course, staff will pened in the case of the electronic voting give one all sorts of reasons it should be so, but machines. That is so much nonsense. it is not my favourite atmosphere. None of us in the House does that when we have our clinics, at The Taoiseach: Under the 1924 Act, taoisigh which we must all deal with difficult people on are responsible for all actions of all 350,000 civil occasion. We do not place barriers between us. It servants every day and everywhere. I had there- is a little unfortunate, but staff unions and associ- fore better not say that I am not responsible. ations are very reluctant to change, since if there It is not about that, as I will try to explain. The are incidents, members are not very receptive to Deputy will be familiar with good customer new ideas. They say that they do it where pos- service and the various subgroups in the Depart- sible, but there are many reasons they cannot. ments, each of which has a departmental charter. Civil servants are meant to spend a set amount of Mr. Rabbitte: The Taoiseach is never so happy time dealing with queries regarding what they do as when speaking about this problem. I do not and how they deal and communicate with the know whether that is because I cannot under- public. That work is done well. The Revenue stand it. I will reserve judgment until I read his Commissioners and social welfare offices have answer, which I could not understand either. been the two sectors to take a lead and drive on work with other Departments. Independent cus- The Taoiseach: Usually I have nothing to do tomer surveys have produced extraordinary fig- with this question, which is decided entirely at the ures for public satisfaction regarding Depart- level of the Civil Service. ments’ service. Not everywhere is that good, but they are doing well. The general view on that end Mr. Rabbitte: Perhaps that is part of the prob- of the work is that they must keep at it. That is lem. Since when did the OECD have any expert- ongoing, with two committees working on it. ise in this area? Is it recruiting consultants in The OECD review is not simply another report Ireland? I will reserve judgment until I read the on the public service but the first comprehensive Taoiseach’s answer, but I am still not clear what review of it as a system in this country. The con- the review will do. Perhaps he might put it into cept is of a holistic, wide-ranging assessment that simpler English. Does it take the OECD to will identify many different things. It has been provide citizens with the opportunity to dial explained to me in discussions with those someone in the public service and get a human involved that no experts have been engaged in being on the end of the telephone? People of Ireland and that OECD staff conduct this work advanced years are often told to push the hash in different countries themselves. They have pro- or star key, and then dial 333 and so on. That is duced reports on various issues. extraordinary; when it comes to delivery of The first of two main elements they attempt to service, it would be tremendous if we could gauge is how the Irish public service compares assure the public of a human response. with those recognised in OECD countries as fol- Does it take the OECD to improve the normal lowing good practice in aspects of public manage- service of the Garda Sı´ocha´na? The Taoiseach is ment. That uses the unique insights of the OECD well aware that there are parts of this city where in the field, since it covers all those member coun- citizens must dial 999 if they want a garda to tries and knows the models and plans. The organ- reply. I recently heard of the case of a father and isation benchmarks the best. It compares our son who visited a Garda station by appointment. systems and processes with the best models. Its The inspector who was to meet them was not staff come here and engage with our Secretaries there. That can happen, and there may have been General and a committee of assistant secretaries 1151 Ceisteanna — 28 February 2007. Questions (Resumed) 1152

[The Taoiseach.] Mr. Crowe: I wish to highlight the fact that from the different Departments. That first pro- there is a difficulty concerning ambulance crews. cess has already commenced, with several meet- ings held in recent months. An Ceann Comhairle: It would be better if the The second element is how the various parts of Deputy raised that matter with the Minister for our system relate to each other, a major issue dat- Health and Children. ing back to the Public Service Management Act 1997. They cannot be independent fiefdoms but Mr. Crowe: This may be one of the matters that must co-ordinate with each other. The OECD will emerge from the review. It was highlighted scrutinises the relationship between central and by Mr. Pat Hanafin of the Ambulance Associ- local government and how Departments translate ation of Ireland. We also heard from the HSE objectives into actions, whether the field be that a cap on recruitment—— health or local government. In particular, it exam- ines health and education to see if there are An Ceann Comhairle: I ask the Deputy not to better ways in which common issues can be continue along that line. If he has a question, it addressed. When I undertook the review, I asked should be addressed to the Minister. it to give me two examples, which turned out to be child care and social inclusion, both of them Mr. Crowe: I have a number of questions. split between many different Departments and An Ceann Comhairle: They should be put to agencies. the Minister for Health and Children. That is the purpose of the review, and the senior levels of the Civil Service believe that it Mr. Crowe: Will this review of the OECD will help. They are satisfied with what they did in report bring about cost-cutting measures or will the public service reform 20 years ago and the it examine the real value and benefit of the public Public Service Management Act 1997. They now service in providing vital public services? The believe that this is the next level. It would be Taoiseach referred to joined-up thinking on the beneficial to examine how the systems relate to public service, but will this review cover joined- each other. In my view, one works for the public up Government? We regularly criticise the edu- service rather than for Department A or B. I cation and health sectors where one section hope that simplifies matters for the Deputy. clearly does not seem to know what the other is doing. Visit of Czech Delegation. An Ceann Comhairle: Before continuing with The Taoiseach: The review is not a substantive Questions to the Taoiseach, on my own behalf audit of sectors, such as health, education and and that of other Members of Da´il E´ ireann, I local government. It is, rather, focusing on the wish to offer a ce´ad mı´le fa´ilte, a most sincere connectivity between various sectors, as I told welcome to a delegation of parliamentarians from Deputy Rabbitte, including central and wider sec- the Czech Republic, led by Mr. Michal Doktor. toral areas. It is examining the effectiveness of arrangements through which Government objec- tives are translated into outputs and outcomes by Ceisteanna — Questions (Resumed). means of collaboration by different parts of the Mr. Crowe: In a recent newspaper article, the system. My Government’s polices and strategies Taoiseach said that there may be some stark in various sectors, such as health, education and messages for us from the OECD review. He said, local government, will continue in parallel with however, that we should be prepared to take hard the review. Every day work continues involving decisions which the reforms will require. What our 350,000 public servants but naturally there stark message does the Taoiseach expect to arise are lessons to be learned from the review. Where from the OECD review? For example, does he sensible improvements and refinements to our expect criticism of public service pay and con- ongoing work on reforming these sectors are ditions, or will the report be used as an excuse to recommended, they will be fed into the overall impose stricter limits on numbers employed in mix. It is not a pay review and the OECD would the public service? Is the Taoiseach aware that an have no part in such a review. As I have already embargo on recruiting new staff means we do not said, the review is an holistic, system-wide have enough ambulance crews? I came across assessment. such an example recently in my own constituency. There is also a peer review element in the exer- cise whereby senior officials and practitioners An Ceann Comhairle: It would be more appro- from countries actively involved — both as part priate for the Deputy to address detailed ques- of the fact-finding and drafting teams, and as tions to the line Minister. members of committees — will review the draft report. It is valuable because it will help towards Mr. Crowe: No. sharing best practice from other countries. It will also provide an element of rigour in the process An Ceann Comhairle: These are general of framing recommendations in practical terms. questions. Against this background, it was considered that 1153 Ceisteanna — 28 February 2007. Questions (Resumed) 1154 the OCED is best placed to undertake a review ments of Justice, Equality and Law Reform, of this nature. Similar reviews by the OECD in Environment, Heritage and Local Government, the economic and regulatory areas were well Education and Science and Health and Children. established and rightly regarded as instruments The steering group also comprises key public ser- here. The OECD’s public governance and terri- vants, including the Garda Commissioner, the torial development committee has also estab- chairman of the County Council Managers lished similar peer review processes in other Association, the chairman of the Association of areas, including human resource management, Chief Executives of State Agencies and the head information and communication technology, and of the education department in NUI Maynooth. ethics in the public service. Any private sector As I have said, the high-level steering group is consultancy would struggle to match the OECD being assisted in its work by a group at assistant in such terms because of its vast experience of secretary level. That group is chaired by an assist- peer review benefits, in-house expertise, know- ant secretary of my own Department. It includes ledge and networking to communities of interest most of the major Departments as well as the among EU member states and further afield. Revenue Commissioners. There is a consultative dimension to the review Mr. Sargent: What is the relationship or inter- process which will draw on expertise from the connection between the OECD review and the business, academic and community sectors, as NESF report which was published last Sunday? Is well as the social partners and other stakeholders. one feeding into the other or are parallel reviews It is a small group comprising an important team. taking place? I would like to check the relation- It began its work just after the Christmas break ship of one with the other. Has the OECD been and plans to complete its endeavours by next given any remit to examine decentralisation and Christmas, following which the report will be how it affects the issue of public service quality? presented. Does the OECD have a mandate to address the embargo on staff recruitment, given Mr. Paul Mr. Sargent: What about decentralisation? Appleby’s problems concerning corporate governance and the lack of staff available to him The Taoiseach: If the group has views on prac- for that vital work? Does the OECD have a man- tices in any of these areas it can provide them in date to make recommendations in that regard? the report. There will be no restrictions and there What will be done about the recommendations? is nothing to stop the group giving its views on Will we receive a report on how they are being embargos or other matters. The Deputy asked implemented or will anything be done about about Mr. Appleby who is in the process of get- them? ting additional staff. He has 36 staff at present and is getting additional numbers. The reason he The Taoiseach: Account will be taken of the is not getting them all is that we made a priority NESF report and any other previous work, which in that Department to put the staff into new will feed into the OECD’s work. In the first inspection sectors dealing with compliance by instance, the OECD is consulting with the high- workers. The number of inspectors has risen from level steering group which is at Secretary General 30 to 90. It rose to 60 last year and 90 this year. level. That group, comprising Secretaries General We have set up a whole new division and it is a across Departments, including the Revenue Com- matter of priorities — it is not that Mr. Appleby’s missioners, has been set up to oversee the review. work is not considered important. He already has The driving force behind decisions made in this 36 staff, he is getting four this year and it is hoped respect will be the Secretaries General. The liai- he will receive another four. It is a question of son group is at assistant secretary level and was prioritising the placement of staff. established to support the OECD team that will be undertaking field work here. There will also Mr. Sargent: He wants 20, including gardaı´. be an open process whereby members of the public and interested parties can convey their The Taoiseach: He has 36 so it seems extraordi- views, including through web-based means, which nary that he could want another 20; one would is what the OECD does with all its reviews. I not receive such an increase in any Department. understand that the high-level steering group is He will have to wait his turn because we have considering a targeted consultation with iden- given priority to the labour inspectors and other commitments under Towards 2016. We have tified stakeholders, including the social partners, waited a long time for these so a new organisation Members of the Oireachtas, senior officials and can wait a few more years if the staff are required. parties with an interest in public service issues. Those views will be conveyed to the OECD, so the NESF report will obviously fit into that. Appointments to State Boards. The review is being chaired by the Secretary 6. Mr. Kenny asked the Taoiseach the appoint- General to the Government. Membership of the ments made by him since June 2002 to the State steering group comprises representatives from boards, or other agencies within his aegis; and if the Department of Finance’s public service man- he will make a statement on the matter. agement and development section, the Depart- [43895/06] 1155 Ceisteanna — 28 February 2007. Questions (Resumed) 1156

7. Mr. Kenny asked the Taoiseach the names, The information sought by the Deputies con- occupations and dates of appointment since June cerning the names of the persons appointed by 2002 of those appointed to the boards of the State me to State boards and agencies under the aegis agencies and bodies under the aegis of his of my Department, together with their occu- Department; and if he will make a statement on pations and dates of any such appointments, since the matter. [43901/06] June 1997 is set out in a schedule which I propose to circulate with the Official Report. The relevant 8. Mr. Sargent asked the Taoiseach if he will bodies are the National Statistics Board, the Law report on appointments made to State boards Reform Commission, the National Centre for since he took office in 1997; and if he will make Partnership and Performance, the National Econ- a statement on the matter. [2356/07] omic and Social Council, NESC, and the National Economic and Social Forum, NESF. The schedule also lists appointments made in 9. Caoimhghı´nO´ Caola´in asked the Taoiseach respect of bodies that no longer come under the if he will set out the criteria used by him for the aegis of my Department, namely the Information appointment of persons to State boards; and if he Society Commission, Digital Media Development will make a statement on the matter. [3730/07] Limited and Campus and Stadium Ireland Development, CSID. 10. Mr. Rabbitte asked the Taoiseach the The members of State boards under the aegis appointments made to State boards or agencies of my Department are appointed through well since June 2002; and if he will make a statement established nominating procedures, having regard on the matter. [3860/07] to the remit of the bodies and, consequently, to the specific competencies and skills expected of 11. Mr. J. Higgins asked the Taoiseach if he their members. In many instances, members are will report on appointments made to State boards nominated through relevant nominating panels. or other agencies under the aegis of his Depart- The NESC and NESF, for example, comprise ment by him since June 2006. [4434/07] representatives of the various pillars involved in social partnership, that is, employer bodies, trade The Taoiseach: I propose to take Questions unions, farming organisations and community Nos. 6 to 11, inclusive, together. and voluntary organisations.

Boards and Agencies under the aegis of the Department of the Taoiseach

1 The National Statistics Board 2 The Law Reform Commission 3 The National Centre for Partnership and Performance (NCPP) 4 The National Economic and Social Council (NESC) 5 The National Economic and Social Forum (NESF) 6 Second Information Society Commission * 7 Digital Media Development Limited ** 8 Campus and Stadium Ireland Development (CSID) *** * The term of Office for the Second Information Society Commission ended on 31 December, 2004. ** Media Lab Europe was established by the Government and MIT with effect from May 2000. Although established as a private company, the Board was appointed by MIT and the Government. MIT appointed three Board members, the Government appointed three, and three were appointed jointly. The Government appointments were Danny O’Hare (ex-DCU), Ann Riordan (ex-Microsoft) and Denis O’Brien (Esat). The joint appointees were Gerhard Schulmeyer (Siemens), Red Burns (New York University) and Bono (U2). Responsibility for both Digital Media Development Ltd. and Media Lab Europe transferred to the Department of Public Enterprise in May 2001. *** In January 2001, the responsibility for Campus and Stadium Ireland Development (CSID) transferred to the Department of Arts, Sport and Tourism and was subsequently dissolved following the establishment of the National Sports Campus Development Authority.

State Board/Agency: National Statistics Board

Name Occupation / Organisation Date of Appointment

Professor Frances Ruane Trinity College, Dublin July 1999 August 2001 Mr. David Doyle Department of Finance January 1998 Mr. Dermot McCarthy Department of the Taoiseach July 1999 Mr. Cathal O’Loghlin Department of Finance January 1999 July 1999 August 2001 1157 Ceisteanna — 28 February 2007. Questions (Resumed) 1158

Name Occupation / Organisation Date of Appointment

Mr. Frank Cunneen Health & Safety Authority (IBEC) July 1999 August 2001 February 2004 February 2006 Mr. Ciaran Dolan ICMSA July 1999 August 2001 February 2004 February 2006 Ms. Paula Carey ICTU July 1999 August 2001 February 2004 Mr. Steve Couldwell Smith and Nephew January 1998 Ms. Marian Harkin Teacher July 1999 August 2001 Ms. Mary Doyle Department of the Taoiseach January 2001 August 2001 February 2004 February 2006 Ms. Helen Nic Fhlannchadha Teacher March 2002 Prof. Brendan Walsh University College Dublin February 2004 February 2006 Dr. Pat O’Hara Western Development Commission February 2004 February 2006 Mr. Derek Moran Department of Finance July 2003 February 2004 February 2006 Mr. Paul Sweeney ICTU October 2006

State Board/Agency: Law Reform Commission

List of appointments to the Law Reform Commission since 1997

Name Occupation / Organisation Date ofAppointment

President The Hon. Mr Justice Vivian Lavan, 27 July 1998 — retired February 2000 Judge of the High Court President The Hon. Mr. Justice Declan Budd, High 22nd February, 2000 — retired 21 Court. February 2005 President Mrs. Justice Catherine McGuinness, 22 February 2005 Judge of the Supreme Court Commissioner (Full-time) Patricia T. Rickard-Clarke, Solicitor 1 October 2001. Reappointed 30 September 2004 Commissioner (Part-time) Dr. Hilary A Delaney, B.L. Senior 15 April 1997. Reappointed 15 April, Lecture in Law, TCD 2002 Commissioner (Part-time) Professor Finbarr McAuley, B.C.L., 1 September 1999. LLB, MPhil, LLD, Jean Monnet Reappointed 1 September 2004 Professor of European Criminal Justice, UCD Commissioner (Part-Time) Marian Shanley, Solicitor Appointed 13 November 2001 Reappointed 12 November 2004 Senior Counsel (Part-Time) Donal O’Donnell, Senior Counsel 28 June 2005 (replaced Dr. Hilary A. Delaney, BL)

State Board/Agency: National Centre for Partnership and Performance (NCPP)

Name Occupation / Organisation Date ofAppointment

Executive Chairperson Mr. Peter Cassells October 2001 — April 2004 reappointed: 7 November 2005

Government Departments Mr. Philip Kelly, Asst. Dept. of the Taoiseach October 2001 reappointed: 24 Secretary Deputy January 2006 1159 Ceisteanna — 28 February 2007. Questions (Resumed) 1160

[The Taoiseach.]

Name Occupation / Organisation Date ofAppointment Chairperson Mr. Ciaran Connolly, Asst. Dept. of Finance October 2001 reappointed: 24 Secretary January 2006 Mr. Maurice Cashell Dept. of Enterprise, Trade & October 2001 Employment Mr. John Walsh, Asst. Dept. of Enterprise, Trade & June 2002 — (replaced Mr. Secretary Employment Maurice Cashell) Reappointed: 24 January 2006 Ms. Sylda Langford, Asst. Dept. of Justice, Equality & October 2001 Secretary Law Reform

Employers Mr. Brendan McGinty Director, Human/Industrial October 2001 Reappointed: 24 Resources, IBEC January 2006 Mr. Liam Doherty Director, Human Resource October 2001 Reappointed: 24 Services, IBEC January 2006 Mr. Eddie Keenan CIF 24 January 2006 Ms. Irene Canavan Arnotts 24 January 2006 Ms. Marie Moynihan Human Resource Manager, October 2001 Dell Direct Mr. Terry McEvoy Director, Industrial Relations, October 2001 CIF Mr. Morgan Nolan Industrial Relations, CIF Jan 2004 — (replaced Terry McEvoy) Trade Unions Mr. Tom Wall Assistant General Secretary, October 2001 ICTU Mr. Fergus Whelan Industrial Officer, ICTU October 2003 — replaced Mr. Tom Wall Reappointed: 24 January 2006 Mr. Jerry Shanahan AMICUS 24 January 2006 Ms. Catherine Byrne INTO 24 January 2006 Mr. Jack O’Connor General President, SIPTU October 2001 Ms. Marie Levis Asst. General Secretary, October 2001 IMPACT Mr. John Tierney National Secretary, MSF October 2001 Mr. Des Geraghty Member of Executive September 2004 — (replaced Council, ICTU Mr John Tierney, MSF) Mr. Gerry McCormack SIPTU 24 January 2006 Ms Angela Kirk IMPACT September 2004 — (replaced Ms Marie Levis) Mr. Sean Heading, Education & Training Services Trust has been nominated by ICTU as an alternate

Independent Members Prof. Joyce O’Connor National College of Ireland 24 January 2006 Prof. Bill Roche Dean of Research, Smurfit October 2001 Business School, UCD Dr. Sheelah Ryan CEO, Western Health Board October 2001 Mr. Seamus O’Brien Partnership Facilitator, Galtee October 2001 Meats Prof. Kathy Monks Dean, DCU Business School October 2001 Ms. Dorothy Butler Scally Human Resources Consultant 24 January 2006 Dr. Catherine Kavanagh UCC 24 January 2006 1161 Ceisteanna — 28 February 2007. Questions (Resumed) 1162

State Board/Agency: National Economic and Social Council (NESC)

Terms of Office of NESC relevant to this PQ

(a) 1998-2001 (extended to 2002)

(b) 2003-2006

(c) 2007-2010 (currently being established)

Name Occupation / Organisation Dates of Membership

Chairperson Mr. Dermot McCarthy Secretary General, Dept. of November 1998 the Taoiseach September 2003 Deputy Chair Ms. Mary Doyle Assistant Secretary, Dept. of November 1998 the Taoiseach September 2003

Trade Union Pillar Mr. David Begg General Secretary, ICTU November 1998 September 2003 Mr. Peter Cassells General Secretary, ICTU November 1998 Ms Patricia O’Donovan Assistant General Secretary, November 1998 ICTU Mr. Peter McLoone General Secretary, IMPACT November 1998 September 2003 Mr. Jimmy Somers President, SIPTU November 1998 Mr. Manus O’Riordan Economist, SIPTU March 2000 (replaced Jimmy Somers September 2003 Ms. Joan Carmichael Assistant General Secretary, November 1998 (replaced Patricia ICTU September 2003 O’Donovan) Ms. Sally Anne Kinahan Assistant General Secretary, January 2004 (replaced Joan Carmichael) ICTU Mr. Charlie Lennon General Secretary, ASTI November 1998 Mr. Des Geraghty President, SIPTU June 2001 Mr. Jack O’Connor (replaced Vice President, SIPTU September 2003 Des Geraghty)

Business and Employer or Organisation Pillar Mr. Turlough O‘Sullivan Director General, IBEC November 1998 Ms. Aileen O’Donoghue Director, Financial Services September 2003 (replaced Turlough Ireland O’Sullivan) Mr. Simon Nugent Chief Executive, Chambers of November 1998 Commerce Ireland Mr. Tom Toner Director, IBEC November 1998 Mr. Brian Geoghegan Director, IBEC March 2001 (replaced Tom Toner) September 2003 Mr. Danny McCoy (replaced Director of Policy, IBEC October 2005 Brian Geoghegan) Mr. John Dunne Chief Executive, Chambers of November 1998 Commerce Ireland September 2003 Mr. Liam Kelleher Director General, November 1998 Construction Industry September 2003 Federation Mr. Brendan Butler Director, IBEC November 1998 September 2003

Agricultural and Farming Organisation Pillar Mr. Gregg Tierney Secretary, ICOS November 1998 Mr. Seamus O’Donoghue Secretary, ICOS April 2000 (replaced Gregg Tierney) September 2003 1163 Ceisteanna — 28 February 2007. Questions (Resumed) 1164

[The Taoiseach.]

Name Occupation / Organisation Dates of Membership

Mr. Ciaran Dolan General Secretary, ICMSA November 1998 September 2003 Mr. Michael Berkery General Secretary, IFA November 1998 September 2003 Mr. Tom Curren Chief Executive, Macra na November 1998 Feirme Ms. Maria Moynihan Chief Executive, Macra na October 1999 (replaced Tom Curren and Feirme resigned in July 2000) Mr. Con Lucey Chief Economist, IFA November 1998 September 2003 Mr. Damien McDonald Chief Executive, Macra na November 1998 Feirme September 2003

Community and Voluntary Pillar Fr. Sean Healy Head of Justice Office, CORI November 1998 September 2003 Dr. Katherine Zappone Chief Executive, National November 1998 Women’s Council Ms. Siobhan O’Donoghue Community Workers Co- November 1998 operative Ms. Orla O’Connor (replaced National Women’s Council April 2000 Katherine Zappone) Mr. Dan Boyle Vice-President, National November 1998 Youth Council Mr. Donall Geoghegan Programme Manager, September 2002 (replaced Dan Boyle) National Youth Council September 2003 Mr. Tony Monks General Secretary, Irish November 1998 National Organisation of the Unemployed Ms. Noleen Hartigan General Secretary, Irish November 2001 (replaced Tony Monks) National Organisation of the Unemployed Mr. Mike Allen General Secretary, Irish November 1998 National Organisation of the Unemployed Mr. John Dolan Chief Executive, Disability September 2003 Federation of Ireland Ms. Deirdre Garvey Chief Executive, the Wheel September 2003 John Mark McCafferty Policy Officer, Saint Vincent September 2003 de Paul

Government Department Nominees Mr. John Hurley Secretary General, Dept. of November 1998 Finance Mr. Tom Considine (replaced Secretary General, Dept. of September 2002 John Hurley) Finance September 2003 Mr. Paul Haran Secretary General, Dept. of November 1998 Enterprise, Trade and September 2003 Employment Mr. Sean Gorman (replaced Secretary General, Dept. of October 2004 Paul Haran) Enterprise, Trade and Employment Mr. Edmond Sullivan Secretary General, November 1998 Department of Social, Community and Family Affairs Mr. John Hynes (replaced Dept. of Social and Family May 2002 Edmond Sullivan) Affairs September 2003 Mr. Brendan Tuohy Secretary General, Dept. of November 1998 Communications, Marine September 2003 and Natural Resources 1165 Ceisteanna — 28 February 2007. Questions (Resumed) 1166

Name Occupation / Organisation Dates of Membership

Mr. Niall Callan Secretary General, Dept. of September 2003 the Environment, Heritage and Local Government Mr. John Fitzgerald Dublin City Manager November 1998

Independent Nominee Prof. Jim Walsh Dept. of Geography, NUI November 1998 Maynooth Prof. John Fitzgerald Senior Research Officer, November 1998 ESRI September 2003 Ms. Geraldine McAteer West Belfast Partnership, November 1998 Northern Ireland Interests Ms. Irene Bergin ISME August 1998 Ms. Angela Kennedy Megazame International February 2001 (replaced Irene Bergin) Mr. David Finn (replaced City Jet November 2001 Angela Kennedy) Prof. Eithne McLaughlin Dept. of Social Policy, September 2003 Queens University, Belfast Mr. Colin Hunt Head of Research, Goodbody September 2003 Stockbrokers Dr. Peter Bacon Economic Consultant September 2003 Prof. Brigid Laffan Department of Politics, UCD September 2003 Dr. Sean Barrett (replaced Department of Economics, January 2005 Colin Hunt) Trinity College

State Board/Agency: National Economic and Social Forum (NESF)

Name Occupation / Organisation Dates of Membership

Full Membership 2004 Independent Chairperson Maureen Gaffney Jan/Feb 2004 Deputy Chairperson Mary Doyle Asst. Sec., Dept. of the Jan/Feb 2004 Taoiseach Independent Appointments Dr Mary P. Corcoran Senior Lecturer, NUI, Jan/Feb 2004 Maynooth Cait Keane South Dublin County Council Jan/Feb 2004 Dr Colm Harmon Director, Institute for the Jan/Feb 2004 Study of Social Change, UCD Mr. Brian Nolan Research Professor, ESRI Jan/Feb 2004 Mr. Paul Tansey Economist Jan/Feb 2004 Strand (i): Oireachtas Michael Woods Fianna Fa´il TD Jan/Feb 2004 John Curran Fianna Fa´il TD Jan/Feb 2004 Senator Mary O’Rourke Fianna Fa´il Jan/Feb 2004 Senator Paschal Mooney Fianna Fa´il Jan/Feb 2004 Senator Brendan Daly Fianna Fa´il Jan/Feb 2004 Senator Geraldine Feeney Fianna Fa´il Jan/Feb 2004 Pat Carey Fianna Fa´il TD Jan/Feb 2004 Senator Paul Coghlan Fine Gael Jan/Feb 2004 Damien English Fine Gael TD Jan/Feb 2004 Paul Kehoe Fine Gael TD Jan/Feb 2004 Joan Burton Labour TD Jan/Feb 2004 Willie Penrose Labour TD Jan/Feb 2004 Senator Kate Walsh Progressive Democrats Jan/Feb 2004 Senator Feargal Quinn Independents Jan/Feb 2004 Jerry Cowley Technical Group TD Jan/Feb 2004 1167 Ceisteanna — 28 February 2007. Questions (Resumed) 1168

[The Taoiseach.]

Name Occupation / Organisation Dates of Membership

Strand (ii): Employer/Trade Unions Employer/Business Jackie Harrison IBEC January/February 2004 Organisations Maria Cronin IBEC October/November 2004 (replaced Jackie Harrison) Tony Donohue IBEC September 2006 (replaced Maria Cronin) Heidi Lougheed IBEC January/February 2004 Patricia Callan Small Firms Association January/February 2004 Kevin Gilna Construction Industry January/February 2004 Federation Dr. Peter Stafford Construction Industry replace Kevin Gilna Oct 05 Federation Robert O’ Shea Chambers of January/February 2004 Commerce/Tourist Industry/Exporters Association Sean Murphy Chambers of replaced Robert O’Shea Commerce/Tourist Aug 05 Industry/Exporters Association Trade Unions Eamon Devoy Technical Engineering & January/February 2004 Electrical Union Blair Horan Civil & Public Service Union January/February 2004 Jerry Shanahan AMICUS January/February 2004 Manus O’Riordan SIPTU January/February 2004 Paula Carey ICTU January/February 2004 Esther Lynch ICTU Sept 2006 (Replaced Paula Carey)

Agricultural/Farming Mary McGreal Irish Farmers Association Jan/Feb 2004 Organisations Michael Doody Irish Creamery Milk Suppliers Jan/Feb 2004 Association Mary Johnson Irish Co-Operative Jan/Feb 2004 Organisation Society Carmel Brennan Macra na Feirme Jan/Feb 2004 Anne Murray Irish Country Women’s Jan/Feb 2004 Association Carmel Dawson Irish Country Women’s June 2006 (Replaced Anne Association Murray)

Strand (iii): Community & Voluntary Sector Women’s Organisations Orla O’Connor National Women’s Council of Jan/Feb 2004 Ireland Joanna McMinn National Women’s Council of Jan/Feb 2004 Ireland Unemployed June Tinsley INOU Jan/Feb 2004 John Farrell INOU replaced June TinsleyOct 05 Patricia Short ICTU Centres for the Jan/Feb 2004 Unemployed Disadvantaged Sr. Brigid Reynolds CORI Jan/Feb 2004 John-Mark McCafferty Society of Saint Vincent de Jan/Feb 2004 Paul Audrey Deane Society of Saint Vincent de Nov 2004 (replaced John- Paul Mark McCafferty) Sharon Keane Anti-Poverty Networks Jan/Feb 2004 1169 Ceisteanna — 28 February 2007. Questions (Resumed) 1170

Name Occupation / Organisation Dates of Membership

Joe Gallagher Anti-Poverty Networks Replaced Sharon Keane Sept 05 Youth/Children Malcolm Byrne NYCI Jan/Feb 2004 Marie Claire McAleer NYCI Replaced Malcolm Byrne Sept 04 Raymond Dooley Children’s Rights Alliance Jan/Feb 2004 Jillian Ban Turnhout Children’s Rights Alliance Replaced Raymond Dooley Aug 05 Older People Robin Webster National Council for Ageing Jan/Feb 2004 and Older People/Senior Citizen’s Parliament/Age Action Others Frank Goodwin The Carers Association Jan/Feb 2004 Seamus Boland Irish Rural Link Jan/Feb 2004 Fergus O’Ferrall The Wheel Jan/Feb 2004 Brid O’ Brien Pavee Point Jan/Feb 2004 Aisling Walsh Disability Federation of Jan/Feb 2004 Ireland Joanne McCarthy Disability Federation of Replaced Aisling Walsh in Ireland 2006

Strand (iv) Central Government, Local Government and Independents Central Government Tom Considine Secretary General, Dept. Jan/Feb 2004 Finance Paul Haran Secretary General, Dept. Jan/Feb 2004 Retired 22/10/04 Enterprise, Trade & Employment Sean Gorman Secretary General, Dept. Replaced Paul Haran Oct 05 Enterprise, Trade & Employment John Hynes Secretary General, Dept. Jan/Feb 2004 Social & Family Affairs Gerry Kearney Secretary General, Dept. Jan/Feb 2004 Community, Rural & Gaeltacht Affairs Niall Callan Secretary General, Dept. Jan/Feb 2004 Environment, Heritage & Local Government Local Government Councillor John Egan General Council of County Jan/Feb 2004 Councils Councillor Ger Barron General Council of County Nov 2004 (replaced Cllr. John Councils Egan) Councillor Patsy Treanor General Council of County Jan/Feb 2004 Councils Councillor Jack Crowe General Council of County Nov 2004 (replaced Cllr Patsy Councils Treanor) Councillor Constance General Council of County Jan/Feb 2004 Hanniffy Councils Councillor Patricia McCarthy Association of Municipal Jan/Feb 2004 Authorities Donal O’Donoghue County and City Managers Jan/Feb 2004 Association John Tierney County and City Managers Nov 2004 (replaced Donal Association O’Donoghue) Independents Dr Colm Harmon Institute for the Study of Jan/Feb 2004 Social Change, UCD Dr Mary P. Corcoran Department of Sociology Jan/Feb 2004 Dr Brian Nolan ESRI Jan/Feb 2004 Paul Tansey Tansey, Webster, Stewart & Jan/Feb 2004 Company Ltd. 1171 Ceisteanna — 28 February 2007. Questions (Resumed) 1172

[The Taoiseach.]

Name Occupation / Organisation Dates of Membership

Cait Keane South Dublin County Council Jan/Feb 2004 Full Membership 1998 Independent Chairperson Ms Maureen Gaffney October 1998 Deputy Chairperson Mr Dermot McCarthy Dept. of the Taoiseach October 1998 Independent Appointments Prof. Gearoid O Tuathaigh NUI, Galway October 1998 Ms Marian Vickers Northside Partnership October 1998 Ms Helen Johnston Surg. Equipment Ltd. October 1998 Mr Niall Fitzduff Rural Communities Network October 1998 Ms Noreen Kearney Trinity College, Dublin October 1998 Strand (i) Oireachtas Deputy Gerry Reynolds Fine Gael October 1998 Deputy Paul McGrath Fine Gael October 1998 Deputy Billy Timmins Fine Gael October 1998 Deputy Mary Jackman Fine Gael October 1998 Senator Therese Ridge Fine Gael October 1998 Deputy Derek McDowell Labour October 1998 Senator Joe Costello Labour October 1998 Deputy Michael Lowry Independent October 1998 Deputy Noel Ahern Fianna Fail October 1998 Deputy Sean Haughey Fianna Fail October 1998 Deputy Beverly Cooper-Flynn Fianna Fail October 1998 Deputy Michael Kitt Fianna Fail October 1998 Senator Helen Keogh Progressive Democrats October 1998 Senator Jim Gibbons Replaced Helen Keogh Senator Margaret Cox Fianna Fail October 1998 Senator Pascal Mooney FiannaFail October 1998 Strand (ii) Employer/Trade Unions Employers/Business Jackie Harrison IBEC October 1998 Ms Aileen O’Donoghue IBEC October 1998 Ms. Helen Lougheed IBEC replaced Aileen O’Donoghue May 02 Ms Lilian O’Carroll SFA October 1998 Pat Delaney SFA replaced Lilian O’Carroll 2002 Ms Mirette Corboy CIF October 1998 Ms Carmel Mulroy Chambers of Commerce October 1998 Farming Ms Eileen Doyle Macra na Feirme October 1998 Mr John Dillon IFA October 1998 Ms. Betty Murphy IFA replaced John Dillon July 2000 Ms Mary Coleman ICOS October 1998 Seamus O’ Donoghue ICOS replaced Mary Coleman Nov 00 Mr Pat O’Rourke ICMSA October 1998 Ms Eva Coyle ICWA October 1998 Ms. Breda Raggett ICWA replaced Eva Coyle Sept 01 Trade Unions Mr Eamon Devoy TWEU October 1998 Mr Blair Horan CPSU October 1998 Mr John Tierney ICTU October 1998 Mr. Jerry Shanahan ICTU replaced John Tierney September 1999 Mr Manus O’Riordan SIPTU October 1998 Ms Joan Carmichael ICTU October 1998 1173 Ceisteanna — 28 February 2007. Questions (Resumed) 1174

Name Occupation / Organisation Dates of Membership

Ms Paula Carey ICTU replaced Joan Carmichael January 2002 Strand (iii) Community & Voluntary Women’s Organisations Ms Susan McNaughton NWC October 1998 Ms Grainne Healy NWC October 1998 Ms Ursula Barry NWC October 1998 Ms. Joanne McMinn NWC replaced Ursula Barry October 2001 Unemployed Ms Joan Condon Limerick Centre for the October 1998 Unemployed Ms Mary Murphy Dundalk Centre for the October 1998 Unemployed Mr Tony Monks INOU October 1998 Mr Eric Conroy INOU replaced Tony Monks February 2002 Disadvantaged Mr Chris McInerney Community Workers Co-Op October 1998 Frances Byrne Community Workers Co-Op replaced Chris McInerney Feb 01 Ms Janice Ransom N/A October 1998 Mr Joe Gallagher Community Training October 1998 Programme Youth Mr Gearo´ id O´ Maolmhichı´l NYCI October 1998 Ms Ciairin de Buis NYCI replaced Gearo´ id O´ Maolmhichil January 2001 Ms Marian Brattman NYCI replaced Ciairin de Buis December 2001 Ms Valerie Duffy NYCI replaced Marian Brattman February 2002 The Elderly Mr Paddy Donegan Retired Workers Committee October 1998 Disability Interests Mr Roger Acton DFI October 1998 Mr John Dolan DFI replaced Roger Acton April 2000 Environment Ms Jeanne Meldon National Planning Committee October 1998 Others Fr Sean Healy CORI October 1998 Mr Liam O’Dwyer St. Vincent de Paul October 1998 Strand (iv) Central Government, Local Government & Independents Local Government Councillor Constance General Council of County October 1998 Hanniffy Councils Councillor Tom Kelleher General Council of County October 1998 Councils Councillor Enda Nolan General Council of County October 1998 Councils Councillor Patsy Treanor General Council of County replaced Councillor Enda Councils Nolan September 2001 Councillor Tadgh Curtis Association of Municipal October 1998 Authorities Mr D. O’Donoghue County and City Managers October 1998 Association Government Departments Department of Finance Dept. of Finance October 1998 Mr Paul Haran Department of Enterprise, October 1998 Retired Trade & Employment 22 October 2004 Mr Eddie Sullivan Department of Social, October 1998 Community & Family Affairs Ms Margaret Hayes Department of Tourism, October 1998 Sport & Recreation 1175 Ceisteanna — 28 February 2007. Questions (Resumed) 1176

[The Taoiseach.]

Name Occupation / Organisation Dates of Membership

Mr Jimmy Farrelly Department of the October 1998 Environment & Local Government

State Board/Agency: The Second Information Society Commission

The second Information Society Commission was appointed by the Taoiseach on 30 November 2001 and ran to 31 December 2004. The names and occupations of those appointed at that time were:

Name Occupation / Organisation

Dr. Danny O’Hare (Chairman) Former President of DCU (Dublin City University) Claire Cunningham Director, Aura Internet Services Ltd Dr Chris Coughlan Hewlett Packard Michael Byrne CEO, Ennis Information Age Services Jerry Shanahan ICTU/Amicus Karen Hynes Manager of E-Business Services, Chambers of Commerce of Ireland Colm Reilly Irish Internet Association Inez Bailey Director, National Adult Literacy Agency Rev. Dr. Eamonn Conway Head of the Department of Theology and Religious Studies, Mary Immaculate College, UL (University of Limerick) Robert Johnston JLS Software Solutions Clodagh O’Donnell Client Executive, Financial Services Sector, IBM Dee Cari Torque Management Marion O’Neill Manager, Kilkenny Information Age Town Dr Patricia O’Hara Manager, Policy Division, Western Development Commission Christopher Took Web Developer (resigned September 2002) Charles Stanley-Smith Chief Technical Officer, Piercom Brian Lennon Guidance Counsellor, St Oliver’s College, Drogheda Donal Toolan Forum of People with Disabilities Kathryn Raleigh Director of the Irish Software Association, IBEC Joe Horan County Manager, South Dublin County Council Peter Ryan Assistant Secretary, Department of the Taoiseach

State Board/Agency: Digital Media Development Limited

Digital Media Development Limited (appointments made by Government to the above Board in April 2000)

Paddy Teahon Executive Chairman Dan Flinter Enterprise Ireland Don Thornhill HEA John Fitzgerald Dublin City Manager Paul Kavanagh Businessman Paul McGuinness Principle Management Ltd Peter Cassells ICTU Jackie Harrison IBEC Footnote: Media Lab Europe was established by the Government and MIT with effect from May 2000. Although established as a private company, the Board was appointed by MIT and the Government. MIT appointed three Board members, the Government appointed three, and three were appointed jointly. The Government appointments were Danny O’Hare (ex-DCU), Ann Riordan (ex-Microsoft) and Denis O’Brien (Esat). The joint appointees were Gerhard Schulmeyer (Siemens), Red Burns (New York University) and Bono (U2). Responsibility for both Digital Media Development Ltd. and Media Lab Europe transferred to the Department of Public Enterprise in May 2001. 1177 Ceisteanna — 28 February 2007. Questions (Resumed) 1178

State Board/Agency: Campus and Stadium Ireland Development (CSID)

Members

Paddy Teahon Executive Chairman (former Secretary General of the Department of the Taoiseach) William Attley Former General Secretary, SIPTU Mary Davis (former Chief Executive of Special Olympics World Games, now CEO of Special Olympics Ireland) Sean Donnelly Civil Engineer Lucy Gaffney Company Director Tom Kiernan Chartered Accountant John Mulcahy Director, Jones Lang LaSalle Liam O Maolmhichil Director General, GAA John Power Solicitor John Treacy CEO, Irish Sports Council Michael Walsh Company Director Footnote In January 2001, the responsibility for Campus and Stadium Ireland Development (CSID) transferred to the Department of Arts, Sport and Tourism and was subsequently dissolved following the establishment of the National Sports Campus Development Authority.

does he have to give the nod to every appoint- Mr. Kenny: I look forward to reading the ment relating to people on State boards? schedule of appointments and I wonder if the Taoiseach has moved away from the position he The Taoiseach: No, thank God. Some such outlined some months ago whereby he indicated appointments must be checked with the a number of these appointments were made Taoiseach under statute but I am afraid I read because the individuals involved were friends of about most of them. Most of the people his. appointed by the various boards and bodies under my Department arrive via nominating The Taoiseach: They are all my friends. bodies and I have a minor influence in such cases.

Mr. Kenny: They may want to be the Mr. Kenny: The Taoiseach might be as well off Taoiseach’s friends because of the position he that that is the case. holds. Section 227 of the code of conduct for officeholders states that, subject to the provisions The Taoiseach: I do not control the NESC, the in legislation or other formal requirements for the NESF, the Oireachtas, the farmers, trade unions establishment of Government bodies for the fill- and employers. I always try to encourage the ing of positions, appointments by members of the appointment of more women but if I made Government should be made on the basis of suggestions other than that on who to appoint I merit, taking into account the skills, qualifications would not get my wish. It is usually a hard job to and experience of the person to be appointed and find relevant people to take up positions on some so on. of the other boards under my aegis, such as the Has the Taoiseach reviewed this position or is National Statistics Board. I have no great this guideline followed strictly by the members of honours. the Government? Are there any other appoint- ments that must be confirmed by the Taoiseach Mr. Sargent: In the past various Governments or on his behalf? If a Minister has a vacancy at have shown a tendency to pack boards in advance an agency such as U´ dara´s na Gaeltachta, must he of a general election. Is there a likelihood that approach the Taoiseach with a suggested this trend will change in advance of the forth- appointee having applied the aforementioned coming election and will the Taoiseach lead by guideline? example in this regard? Are criteria established in agencies under the An Ceann Comhairle: The question refers to Taoiseach’s responsibility preventing individuals State bodies under the aegis of the Department from being appointed to boards? If it emerged, of the Taoiseach, not other State bodies. for example, that an individual’s tax issues were not in order would he or she be prevented from Mr. Kenny: The Taoiseach is the boss and being appointed to a board or are there set rules while, as he said himself, he cannot be responsible in this regard? for every action of the 350,000 public servants, 1179 Requests to Move Adjournment of 28 February 2007. Da´il under Standing Order 31 1180

The Taoiseach: Appointments to boards are may be four or five such people from Drumcon- made on the basis of the knowledge, expertise dra but I have appointed people who write and experience individuals can bring to a board. Labour Party policy documents, who parade to In many cases appointments are made on the Deputy Rabbitte’s office and constitute his advis- basis of nominations by relevant groups, such as ory team. social partners, and the individuals involved agree to serve out of a sense of public duty rather than Mr. Rabbitte: I never knew I had Fianna Fa´il monetary considerations. In most boards there sleepers all around me. are no monetary considerations. It is not recom- mended that people with problems or difficulties The Taoiseach: All of the Deputy’s Labour like those outlined by the Deputy serve on Party colleagues are good people. I deal with boards, although it depends on the nature of the them every day. difficulty. Most people in society are affected by minor issues but if it was a major tax issue the Mr. Sargent: Keep one’s friends close and one’s person would be ruled out. enemies closer. Most boards are composed of members put for- ward by nominating bodies and such bodies tend The Taoiseach: A handful of poor people from to be careful about nominating people with diffi- Drumcondra are beleaguered because they have culties, although it happens from time to time. known me for 40 years but that is how it is. It is Most of the time this is not an issue. not practice and I do not agree with packing boards on the eve of a general election. The prac- Mr. Sargent: What about packing the boards? tice has been that after a general election people tend to pack boards. I do not agree with that The Taoiseach: I do not agree with it and do practice and have always tried to avoid engaging not think it is a good idea. in it. My record in that regard is very good.

Mr. Rabbitte: After all that I am not clear on Mr. Rabbitte: The Taoiseach will be in a whether the Taoiseach has changed his policy slightly different position after the coming from the one he expressed during his difficulty election. last year. He said “I appointed them because they The Taoiseach: Regardless of the posts I have were friends, not because of anything they had held over the years, I have not done what poli- given me”. Has the Taoiseach changed his view ticians in the House did in the past, which was to in this regard and does he still have friends who stick people into boards. have not yet been appointed to something? I will frame my contribution in the interroga- tive, in case the Ceann Comhairle feels compelled Requests to Move Adjournment of Da´il under to jump in. Is it not wrong to give the impression Standing Order 31. that the Taoiseach only makes appointments to An Ceann Comhairle: Before coming to the the relatively harmless boards he has listed here? Order of Business, I propose to deal with a The Taoiseach is involved in and consulted on number of notices under Standing Order 31. I will appointments to the more prestigious boards. call on Deputies in the order in which they sub- mitted notices to my office. An Ceann Comhairle: These questions refer specifically to boards under the aegis of the Mr. Stagg: I seek leave under Standing Order Taoiseach’s Department. If the Deputy has issues 31 to have Da´il business suspended to discuss a relating to other boards he must find other ways matter of local and national importance, namely, of raising them. the fact that serious crime in the Carlow-Kildare division rose by 12% in 2006 compared to a 1.4% Mr. Rabbitte: The Ceann Comhairle is abso- increase nationally and has risen by 74% since lutely correct in this regard and I accept his 2000; the continuing undermanning of the Garda point entirely. force in the Carlow-Kildare division where we Is there anybody in the Drumcondra retinue have one garda for every 558 people, the worst who has not been appointed to one agency or manned Garda division in the State; and the another? What is the answer to Deputy Sargent’s refusal of the Minister to acknowledge that there question on whether it is the intention of the is a serious crime problem in the Carlow-Kildare Taoiseach and his Ministers to make appoint- division. ments on the eve of the general election? Is that practice to be continued on this occasion? Dr. Cowley: I seek the adjournment of the Da´il under Standing Order 31 to discuss a matter of The Taoiseach: It can be seen in the schedule local and national importance, namely, the need that I have appointed to boards more card-carry- for the Health and Safety Authority to intervene ing members of the Labour Party, who were par- immediately in the chaotic and hazardous posi- aded in prominent positions at that party’s con- tion pertaining at the accident and emergency ferences, than residents of Drumcondra. There department in Mayo General Hospital, Castlebar, 1181 Order of 28 February 2007. Business 1182 where there is a major health hazard caused by Members may share time; a Minister or Minister overcrowding, with 17 people on trolleys and at of State shall be called upon to make a speech in least 13 others secreted on trolleys elsewhere; a reply which shall not exceed five minutes; (3) the major risk of the spread of infection and malnu- proceedings on the resumed Second Stage of No. trition because only sandwiches rather than hot 22 shall, if not previously concluded, be brought food are being served; critical areas are blocked; to a conclusion at 6 p.m.; (4) the proceedings on it has not been possible to implement the Mayo the Second Stage of No. 3 shall, if not previously disaster plan; dignity and personal safety are at concluded, be brought to a conclusion at 10.30 risk; and 30 medical beds are urgently needed to p.m.; and Private Members’ business shall be No. solve the problem. 64, motion re domestic violence (resumed), to conclude at 8.30 p.m. Mr. Healy: I seek the adjournment of the Da´il under Standing Order 31 to raise a specific matter An Ceann Comhairle: There are four proposals requiring urgent attention, namely, the need for to be put to the House. Is the proposal for the the Minister for Health and Children to increase late sitting agreed? Agreed. Is the proposal for medical card financial limits to ensure the dealing with No. 2 agreed? Agreed. Is the pro- reduction in medical card coverage from 38% to posal for dealing with No. 22 agreed? 32% of the population is reversed, and individ- uals and families whose cards have been Mr. Sargent: The Green Party opposes the guil- downgraded from full medical cards to GP only lotining of Second Stage of the Carbon Fund Bill. cards have their full medical card returned to The Government’s approach to dealing with them. The GP only scheme is being used to climate change is focused on buying our way out reduce the number of medical card holders. of the problem. The debate needs to continue to determine how Ireland will manage when the Mr. Broughan: I seek the adjournment of the period covered by the Kyoto Agreement elapses. Da´il under Standing Order 31 to raise a specific The Bill only deals with approximately half of the and important matter of public interest, namely, amount required to buy carbon credits. The the need for the Minister for Justice, Equality and debate must continue because we are not out of Law Reform to finally respond to the memor- the woods on this issue by a long shot. andum submitted by the Stardust victims and relatives committee, requesting the urgent estab- Mr. Rabbitte: Three guillotines have been lishment of a new commission of inquiry into the proposed. Stardust disaster in which 48 young people tragi- cally lost their lives, in light of the 26-year strug- An Ceann Comhairle: We will deal with them gle of the Stardust relatives and survivors for seriatim. I ask the Deputy to speak first on the justice and closure; and if he will make a state- proposal for dealing with No. 2. ment on the matter. Mr. Rabbitte: I want to use this opportunity to An Ceann Comhairle: Having given the make a general point. The proposals follow an matters full consideration, I do not consider them undesirable pattern observed in the House in to be in order under Standing Order 31. recent weeks, which the Government clearly intends to continue until polling day following a Order of Business. legislative drought earlier in the year. As Deputy Sargent stated, the Carbon Fund Bill 2006 is The Taoiseach: It is proposed to take No. 2, important and the House should be given Statute Law Revision Bill 2007 [Seanad]— adequate time to debate it. Second Stage; No. 22, Carbon Fund Bill 2006 — Second Stage (resumed), in accordance with the Question, “That the proposal for dealing with Order of the Da´il of 14 December 2006; and No. No. 2 be agreed to,” put and declared carried. 3, Consumer Protection Bill 2007 [Seanad]— Second Stage. Question, “That the proposal for dealing with It is proposed, notwithstanding anything in No. 3 be agreed to,” put and declared carried. Standing Orders, that: (1) the Da´il shall sit later than 8.30 p.m. tonight and business shall be inter- Mr. Kenny: When does the Taoiseach expect rupted not later than 10.30 p.m.; (2) the pro- the Voluntary Health Insurance Board ceedings on Second Stage of No. 2 shall, if not (Amendment) Bill to be published? Will further previously concluded, be brought to a conclusion adjustments be made to the Bill? When will at 1.30 p.m. today; the speeches of a Minister or Deputies have sight of No. 21, the Immigration Minister of State and the main spokespersons for and Residence Bill, which features on the A list the Fine Gael Party, the Labour Party and the for publication at an early date? When will No. Technical Group, who shall be called upon in that 9, the Electoral Bill be published? The legislation, order, shall not exceed 15 minutes in each case; which deals with the Supreme Court judgment the speech of each other Member called upon concerning assenting to the nomination of non- shall not exceed ten minutes in each case; party candidates for Da´il elections, has impli- 1183 Order of 28 February 2007. Business 1184

[Mr. Kenny.] we strike it off so that valuable time is not wasted cations for current and aspiring Members of the asking about it given that the Government has no House. intention of introducing it?

The Taoiseach: The Voluntary Health The Taoiseach: The sale of alcohol Bill is listed Insurance Board (Amendment) Bill is almost for 2007 but I do not know when exactly it will ready and will be available this session. The be brought forward. Immigration and Residence Bill may be taken a few weeks later than the VHI legislation but is Mr. Sargent: We know that. also due in this session. The Electoral Bill was brought to Government yesterday. I am not sure The Taoiseach: The Bill has 2,002 heads. The when the Minister will publish it but we con- same draftsmen are responsible for producing all cluded it yesterday. Bills, including the social welfare Bill and the Fin- ance Bill, which take precedence over other legis- Mr. Kenny: When the Taoiseach uses the term lation. One will not get through more than 20 “this session”, he means—— Bills in a session.

The Taoiseach: The beginning of the summer Mr. Crawford: This Bill is not a priority for session. the Government.

Mr. Kenny: That could get very crowded. Mr. Sargent: That answered my question.

The Taoiseach: I am not sure when the Mini- Mr. Durkan: What is the proposal in regard to ster will publish the Electoral Bill but it should the pharmacy No. 1 Bill in respect of which there be available in the next few days. The same have been inquiries from many Members? When should be true to the VHI legislation. The immi- in this session will it be brought for- gration legislation is the only one of the three 12 o’clock ward? Members received notice on Bills which might drift into the Easter break. Monday that Committee Stage amendments to the Broadcasting (Amendment) Mr. Rabbitte: The Electoral Bill must be Bill 2006 must be submitted by 11 a.m. today. I enacted. see no reason that we might not be given one or two additional days to prepare amendments. The Taoiseach: Yes, it went to Government yesterday. An Ceann Comhairle: That does not arise on the Order of Business. Mr. Rabbitte: Will the legislation promised to regulate and control management companies and Mr. Durkan: I know, but it will arise on the the Bill to refurbish ethics legislation, which was Order of Business some day soon. Is it possible promised, in particular, by the Minister for to allow an extra few days to get amendments in Justice, Equality and Law Reform, be published on time? in the lifetime of this Da´il? An Ceann Comhairle: The Deputy should com- The Taoiseach: The management companies municate with the Office of the Ceann Comhairle legislation is being drafted. I understand the on that issue. Minister expected to have it ready by Easter but I am not sure whether it will be introduced this Mr. Durkan: We will do that also. session. The Taoiseach: The pharmacy No. 1 Bill will Mr. Sargent: I urge the Taoiseach to ensure the be ready shortly. The Broadcasting legislation on management companies is ready (Amendment) Bill 2006 is listed for early this session given the horrendous extortion taking summer. place in many new housing developments. Mr. Crawford: In light of the statements of the The Taoiseach: It is a question of the avail- Minister for Agriculture and Food, Deputy ability of drafting staff. The work of two drafts- Coughlan, and the Minister of State at the men is required for the Finance Bill. Department of Finance, Deputy Parlon, on the desirability of eliminating red tape, when will the Mr. Sargent: The urgency is nonetheless animal health Bill be introduced so we will have obvious. an opportunity to discuss this issue? In view of Given that much of the legislation list is aspir- the extraordinary situation in which many ational if not fictional in view of the length of families find themselves arising from the subven- time remaining to the Government, can we take tion difficulties and the various cutbacks, when it that the sale of alcohol Bill will not see the light will the nursing homes support Bill be intro- of day, particularly given the voluntary code duced? Many families and elderly people are approach being taken by the Government? Can finding themselves in an impossible situation. 1185 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1186

An Ceann Comhairle: Deputy Crawford the Statute Book. As part of that process, a stat- should allow the Taoiseach to answer his question ute law revision project was initiated, under the on legislation. aegis of the Office of the Attorney General, to identify and remove all outdated and obsolete The Taoiseach: The heads of the animal health legislation that predates the foundation of the Bill were drafted some time ago. Its purpose is to State. The first step in this project, the Statute consolidate and update the legislation dealing Law Revision (Pre-1922) Act 2005, which was with animal health and welfare. I do not have a enacted in December 2005, removed 206 obsolete date for when it will be ready. The nursing homes Acts from the Statute Book. support Bill will be brought forward this year but The Statute Law Revision Bill 2007 is the I do not have a date. It is in the process of being second phase of this project aimed at removing all drafted and will be introduced some time in 2007. unnecessary legislation from before 6 December 1922 from our Statute Book. However, the pro- Mr. Broughan: Will the Indecon report on visions of this Bill are radically different from Ireland’s natural resources be released before the revision Bills previously published in this State. election? I understand the Minister for Whereas previous revision Bills simply listed the Communications, Marine and Natural Resources, legislation they proposed to repeal, this Bill Deputy Noel Dempsey, will make a major approaches the process of repeal from a differ- announcement tomorrow on plans for 100% ent viewpoint. broadband enablement. Will legislation be The Bill has two main objectives. First, it posi- required in this regard before the election? tively states those laws that predate 6 December An issue that concerns both the Taoiseach and 1922 which will remain in effect after enactment I is the call for a new inquiry into the Stardust of the Bill. Second, it repeals all other legislation disaster. Will the Taoiseach not simply announce from this pre-independence period not positively a commission of investigation? mentioned as being listed for retention. For ease of reference, Schedule 2 sets out the legislation An Ceann Comhairle: The Deputy’s questions being repealed. are all out of order unless legislation is promised on the second point. The sum effect of the main provisions of this Bill is to provide for the repeal of 3,188 Acts or The Taoiseach: No legislation is planned in statutes that date from the period between 1204 respect of broadband enablement. and 1922. It is the most significant statute law revision measure ever undertaken. The Bill pro- Mr. Broughan: I know I am out of order on the vides for the repeal of more public and general third point but I am obliged to keep asking the statutes than were enacted by the Oireachtas Taoiseach the same question. The Minister for since 1922. It also provides for the positive reten- Justice, Equality and Law Reform acted quickly tion, pending further review, of 1,348 Acts that in regard to the scandal in Dalkey. may be of ongoing relevance. Ultimately, these 1,348 Acts will also be repealed and, where neces- An Ceann Comhairle: I suggest the Deputy sary, re-enacted in modern form. submit a question or find another way of raising As with the Statute Law Revision (Pre-1922) this matter. Act 2005, this Bill is intended substantially to streamline the Statute Book by eliminating those Mr. Broughan: I am browned off at this stage. remaining pre-independence statutes that have no relevance whatsoever to modern conditions. An Ceann Comhairle: We are moving on to The Bill also contains significant provisions to No. 2, Statute Law Revision Bill 2007 — Second streamline the rules relating to the production in Stage. court of copies of the pre-independence statutes that may still be of relevance and therefore must Mr. Broughan: The Taoiseach knows all about be retained for the time being. this. Is it not time to end these people’s misery? Before outlining the main substance of the Bill, I will outline to the House the wider better regu- Statute Law Revision Bill 2007 [Seanad]: Second lation context to which this Bill relates. Since Stage. publication of the White Paper, Regulating Minister of State at the Department of the Better, in January 2004, the Taoiseach has vigor- Taoiseach (Mr. Kitt): I move: “That the Bill be ously pursued the better regulation agenda. This now read a Second Time.” Bill represents further delivery of a key commit- I am grateful for the opportunity to bring this ment in that White Paper to modernise and Bill to the House. It has already had the benefit streamline the Statute Book and to ensure that of a detailed debate in the Seanad and I know it all legislation in force in the State is accessible. will receive the same attention in this House. At the core of the better regulation programme In the 2004 White Paper, Regulating Better, is the view that we must address both the flow the Government committed to improving the of new legislation and also the existing stock of transparency and accessibility of legislation on legislation. The flow of new regulations is primar- 1187 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1188

[Mr. Kitt.] laws apply to them. This must be seen as an ily being tackled through regulatory impact important and welcome development. analysis, which was introduced across all Depart- In the interest of establishing precisely which ments in June 2005. This approach requires laws from before the foundation of the State still Departments to consult more widely before reg- apply to Ireland, officials in the Office of the ulating and to analyse in greater detail the likely Attorney General have worked over the past two impacts of Acts and significant statutory instru- years to identify and record all legislation passed ments before presenting them to the Oireachtas. by the various Parliaments which had authority In this way, proposed legislation will benefit from over Ireland. At present, these records comprise being subject to comment by interested parties approximately 60,000 examples of pre-indepen- and will be more comprehensively evaluated in dence primary legislation, of which about 26,700 terms of potential downstream impacts. In the are public and general statutes and about 33,300 longer term, this process should lead to the draft- are private statues or local and personal statutes; ing of better quality regulation that does not approximately 3,000 are post-independence Acts negatively impact on other areas. of the Oireachtas; and approximately 20,000 are Clearly, while we are working to improve the secondary legislation from the period before and quality of legislation that is coming on stream, we after independence, including charters, orders simultaneously must tackle the substantial body and statutory instruments. of existing laws and regulations and this is where The phase of the statute law revision project today’s Bill fits in. Statute law revision is the pro- that has resulted in the Bill before us today cess of removing the dead wood from the system, relates solely to the research and analysis conduc- removing legislation that is obsolete or has lost ted on the 26,700 pre-independence public and any modern purpose. As even a cursory examin- general statutes. The first phase of the analysis ation of the Schedules to the Bill shows, some of involved ascertaining which of these 26,700 stat- the legislation that remains on our Statute Book utes applied to Ireland and are still in force. dates back to William the Conqueror. It is clear Approximately 4,500 were found to be in that cat- that removing such archaic, obsolete legislation egory and the remainder were found either never provides greater clarity to citizens on the legis- to have applied to Ireland or to have been repe- lation that remains in force and removes a signifi- aled. These 4,500 statutes were then examined in cant legislative burden from the economy and greater detail to see which of them had any mod- society as whole. ern relevance. Initial assessments were made by The overall objective is to provide the people the legal researchers in the Office of the Attorney with a single, clear and accessible legislative code General as to which statutes might still have some that will contain only laws enacted by the demo- modern relevance and which were obsolete and cratically elected Oireachtas or under European could therefore be repealed. law, where Ireland is a proud member of equal After that initial assessment was made, detailed nations. This Bill will be a major step along the and extensive consultations were held with the road towards clarity and democratic credibility in relevant Government Departments and State our Statute Book. agencies so that Departments could specifically The Bill deals with over 4,500 statutes dating approve or reject the inclusion of an Act or stat- from between 1070 and December 1922. Various ute listed for repeal. The public was also invited different Parliaments legislated in respect of throughout 2006 to inspect the various lists of the Ireland during these centuries, including Norman statutes proposed for repeal and retention, which and English colonial Parliaments sitting in were made available through the website of the Ireland during the first centuries after the Nor- Office of the Attorney General. Over 150 sub- man invasion but legislating only for the parts of missions were received from outside bodies and Ireland they controlled. Latter Anglo-Irish Par- interested individuals on these lists and all of liaments legislated for the whole island before these helped shape the Bill that is before us 1800, English and British Parliaments legislated today. for Ireland despite the existence of those Anglo- Where any doubt has arisen as to the suitability Irish Parliaments and United Kingdom Parlia- of an Act or a statute for repeal, or if there is any ments legislated for Ireland and Britain after the possibility that any one of the pre-independence Act of Union of 1800. Acts could still be relevant today, then that Act Article 73 of the Constitution of Saorsta´t is being retained in force and is listed in Schedule E´ ireann and Article 50 of the Constitution of 1 of the Bill. As I have indicated, these Acts will Ireland provided for the continuation in force of be repealed in due course but this must be done the general body of such statute law enacted prior by way of substantial law reform measures; it to 6 December 1922. This proliferation of Legis- would not be appropriate to repeal them in a latures that passed laws pertaining to Ireland has Statute Law Revision Bill. That process of statute led to a situation where there is uncertainty about law reform is already under way and more than precisely which laws still apply to Ireland. This 12% of the statutes listed for retention in Sched- Bill will eliminate that uncertainty. For the first ule 1 are already proposed for repeal in other time ever, Irish citizens will know for certain what legislation currently before the Oireachtas in the 1189 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1190 current Da´il session. That process will continue Section 8 provides that copies produced in cer- until we reach a position when all of the statutes tain official publications, or copies from publi- now in Schedule 1 will be repealed and replaced cations as certified by the National Library or with modern legislation. other specified institutions, may be produced in In tandem with that process, further measures court. The original versions of many of the will be put in place to deal with local and personal ancient Acts have been lost over the years, but statutes, private statutes, post-independence copies of these Acts have been published in cer- legislation and secondary legislation, and these tain reliable publications. measure will ultimately come before this House Section 9 is a savings clause, which is standard by way of similar legislation to the Bill which is for Bills of this type, with some additional pro- before the Dail today. visions. The savings clause is designed to ensure I will now explain to the House the provisions that there are no unintended consequences aris- of the Bill. Section 1 provides a broad definition ing from the repeals effected by the Bill. Section of the word “statute”. This means that the Bill 10 provides for a Short Title and collective will not only deal with Acts of Parliament as we citation of the Short Titles Acts. would recognise them today, but will also include Schedule 1 lists the 1,348 statutes that are being royal ordinances and similar documents that are retained and Schedule 2 lists the 3,188 statutes recognised as having equivalent force and effect that, because they are not being retained, are, as to an Act of Parliament. a consequence, repealed. The Bill is an historic Section 2 is the main provision of the Bill. It step toward presenting the State with a modern will provide a fundamental clarification and sim- and coherent Statute Book. It will, for the first plification of the Statute Book by repealing all time in our history, allow us to know for certain statutes enacted before 6 December 1922 with the what laws apply here. It will remove more than exception of those statutes that are specifically 3,000 laws dating from the period 1070 to 1922 preserved. This includes the 1,348 statutes listed which remain on our Statute Book despite having in Schedule 1, which have or may have some no modern relevance. In the interests of legal cer- modern relevance. These cannot be repealed tainty and democratic legitimacy, I commend the until they are first replaced by modern legislation. Bill to the House. The other main category of exceptions are local It had a comfortable and interesting passage and personal statutes and private statutes. These through the other House. As I did there, I again are statutes enacted and-or published under commend and thank all the officials in the Office different mechanisms from the normal. These cat- of the Attorney General who have done tremen- egories relate to particular places, people or com- dous work on the Bill. We had a great team of panies rather than to the community in general. young researchers. The Acts listed in Schedules 1 For that reason, there are sound legal and logis- and 2 contain some fascinating historical infor- tical reasons to deal with public and general stat- mation, which could usefully be researched by utes first in the current Bill and return to private, students. I have encouraged the establishment of local and personal statutes in later legislation. a process that would allow young students to Section 2(3) of the Bill has the effect of delve through this fascinating information. It was repealing a part of the Bill of Rights of 1688. This a privilege to steer the Bill through the other is the only case where an Act is proposed for a House and I hope it will have a comfortable pass- partial repeal rather than being repealed entirely. age through this one. The Bill of Rights may have continuing relevance to parliamentary privilege but certain provisions Mr. Kehoe: I welcome the opportunity to speak contain inappropriate religious discrimination on the Bill. Much of this legislation predates even and these are being repealed. the Minister of State. I stayed up all night going Section 3 of the Bill provides for the listing in through the Bill and considering the legislation Schedule 2 of the 3,188 statutes being repealed by that had been passed before 1922. When I first the Bill. These are the public general statutes came to this House, little did I expect to speak which applied to Ireland, have never previously about Her Majesty’s Treasurer, Henry VIII, been repealed and do not have any continuing Henry V, King Edward, King John and many relevance. others. Sections 4 to 7, inclusive, relate to Short Titles. The Fine Gael Party supports the Statute Law A number of the Acts listed in Schedule 1 do not Revision Bill and other initiatives of this kind. An currently have a Short Title and the Bill provides extraordinary number of Acts that predate the for one to be assigned to them. The Bill also establishment of the State still have legal effect amends certain existing Short Titles of Acts here. The size of the Schedules to the Bill is testa- which are currently unconventional or mislead- ment to that fact. The Minister of State outlined ing. The effect of this Bill will be to standardise his admiration for the researchers, with which I the Short Titles of all surviving statutes listed in concur. I put on the record my support and Schedule 1. This will facilitate and simplify the admiration for the officials and staff of the Office making of references to those Acts in court and of the Attorney General who have dedicated in future amending or reforming legislation. themselves to this initiative over several years. 1191 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1192

[Mr. Kehoe.] Christ Church Lands Act 1481; the Plus Lands Among the Acts listed in the Bill are the Site Act 1703; the Timber Act 1735; the Harcourt for Schoolrooms Act 1836, the Chimney Sweep- Street Act 1777 providing power to the Arch- ers and Chimneys Regulation Act 1840, the Port- bishop of Dublin to let lands for building; the umna Bridge 1858 Act — providing for the abol- King’s Inns Act 1798; the Crown Lands (Ireland) ition of tolls and its maintenance — the Acts 1822 and 1845; and the Leasing Powers for Margarine Act 1887 and the Lunacy Act 1891. Religious Worship in Ireland Act 1855. We still Seeing mention of the Lunacy Act made me think come across disputes over the ownership of and we should bring it back into this House and rights to land. I have no doubt such disputes will update it because there has been a lot of that hap- continue for many years. The Property Regis- pening over many years. tration Authority often needs to consider Acts On reading the Bill, I was astounded that that predate 1922. It is great to bring such legis- 26,370 Acts had entered into force prior to the lation up to date. This is just a selection of the establishment of the State. We should be moving many land-related acts that will not be repealed towards a situation where all the statutes in force by this Bill. If not today, perhaps on Committee in the Republic of Ireland have been enacted Stage, the Minister of State might explain what since 1922. I can imagine the people involved in these Acts contain that is so important. drafting these Bills in smoky rooms with bad I do not underestimate the task faced by the light. What we are discussing is really historical. Minister of State and his researchers in the Office Several important statutes, particularly from of the Attorney General regarding assessing the the 19th century, should be re-enacted and potential relevance of historical Acts and statutes revised for modern consumption, including the to modern Ireland. It is a mammoth area, but it Petty Sessions (Ireland) Act 1851 and the seems to me that there is much more to be done. General Prisons (Ireland) Act 1877. In excess of Fine Gael in the next Government will bring such 1,000 statutes will remain in force and have not legislation up to date and will continue what has been included on the list. The volume of statutes been started with this Bill. This is an important that have been adjudged necessary for retention process for a number of reasons. It is a responsi- is extraordinary. Hundreds of pre-1922 statutes bility of a modern democracy to ensure that its from the Dublin Fair Act 1252 to the Constabu- Statute Book and its collection of laws are mod- lary and Police (Ireland) Act 1919 have been ern, just and up to date. Those that are not should deemed to be worthy or necessary of retention be cleaned out and reformed. This is particularly and not repeal. What could possibly be contained clear when we look at the use of words in some in these Acts that is not in legislation enacted of the Acts that pre-date the establishment of the since 1922? State. The Lunatics Act, the legislation on the I am particularly surprised at the retention of prohibition on taking horses of freemen for trans- Acts that pertain to areas that have recently port work and the legislation providing free hos- undergone considerable revision in this House. telry for Knights of St. John, while all historically For example, I note that the Bill does not repeal interesting, bear no relevance to modern times or the following Acts concerning road traffic legis- modern attitudes. Reference is made to the lation: the Kinsale Act 1819; the Howth and King’s wardships and marriages to be sold for his Holyhead Harbours Act 1823; Kingstown Town- profit in 1331. ship (Transfer of Harbour Roads) Act 1898; and More importantly, we now have a very effec- the Roads Act 1920. I do not expect the Minister tive and efficient Statute Book that is available of State or his officials to know all these off by on-line to anyone who wants to access it. In his heart. closing remarks, the Minister of State referred to schoolchildren. It would be great for schoolch- Mr. Kitt: The Deputy has been working hard. ildren to know what happened prior to 1922. When I was going to school I did not appreciate Mr. Kehoe: I have been working very hard; as the history I learned. It is only afterwards that I said, I was up all night. Surely in the 15 road one appreciates our historical documents. That a traffic and related Acts that have been passed by considerable number of historical documents this Government and its predecessor since 1997, were destroyed in the Four Courts when it was there was room somewhere to repeal an Act that burned is soul destroying. Major work and effort referred to a place in Ireland that does not even has to go into updating what was enacted, all exist anymore — I refer to Kingstown. because 90% of our records were destroyed in Similarly, this House passed the Land and Con- the Four Courts. I appreciate a great deal of work veyancing Law Reform Bill 2006 last November. has been taking place behind the scenes and it is Notwithstanding its substantial reforms of the important that continues. This is a resource that land law in Ireland and the mechanisms sur- is of great use to practitioners, academics, rounding conveyancing and land registration, that members of the Judiciary and Irish citizens. The legislation made no mention of repeal of the fol- Office of the Attorney General deserves credit lowing Acts: the Drainage and Improvement of for putting it on-line and for maintaining and Lands Supplemental Act (Ireland) 1867; the keeping it up to date. 1193 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1194

However, it is a database of post-1922 statutes, them. We add, subtract, extend and qualify. But, so anyone who wishes to consult legislation that while we publish and debate amendments, we do still has legal effect but was passed prior to 6 not publish either the original laws we are amend- December 1922, has no way of accessing elec- ing or those laws as amended. The public is left tronic copies of those statutes. Perhaps the Mini- to guess what the end result may be. ster would examine that issue with a view to As an example of what I am talking about, my ascertaining if this can be done. colleague Deputy Upton recently needed to Surely, we should be moving towards a stage check up on laws relating to cruelty to animals. In where all applicable law is easily available to all her efforts to find out what is the law at present in citizens. The Fine Gael Party supports this Bill, force and where one can get a copy of it, she having discussed it at our front bench meeting on started with the Protection of Animals Act 1911. Tuesday morning. In the next Government we The Department of Agriculture and Food indi- will endeavour to ensure it is brought up to date. cated that it does not provide copies of the legis- This is something Deputy Jim O’Keeffe would lation and refers such queries to the Government wish to see progressed. I hope this Bill and its Publications Sales Office. The Government Pub- successors are a step down that road and I offer lications Sales Office indicated that it refers the support of the Fine Gael Party in that respect; customers seeking pre-1922 legislation to Her I hope it has an easy passage through the House. Majesty’s Stationery Office in Belfast. Her Maj- esty’s Stationery Office in Belfast confirm that Mr. Stagg: Unlike my Fine Gael colleague I did paper copies of the 1911 Act can be ordered by not sit up all night burning the midnight oil on credit card or sterling draft at £2.85. Requests will this issue. However, I wish to acknowledge the be processed in three to four days working days. assistance given to me in this matter by the The help desk which operates the Statute Book Labour Party legal adviser, Mr. Finbar O’Malley, in the Attorney General’s Office was able to con- in researching the area and in helping me to con- firm that requests for pre-1922 statutes fall into struct a sensible speech on the matter. the top five of its list of requests for help. The This Bill is undoubtedly welcome. It breaks the on-line Statute Book will tell one, if one is an back of a task that has been poorly attended to experienced user, whether and where a pre-1922 for decades and those responsible for knuckling Act has been amended but it will not disclose down to the job and producing this end result what the original Act looked like before it was deserve our thanks. It is important to realise that amended or, therefore, what it looks like now. this is only the start of the job and a great deal of One will find out, for example, that some work remains to be done. It could be said “a lot changes were made to the 1911 Act by the Protec- done and more to do”. tion of Animals (Amendment) Act in 1965, by As the Bill’s Long Title makes clear, the con- the Wildlife Act in 1976, by the Control of Dogs centration here is on repealing pre-lndependence Act in 1986, by the Abattoirs Act in 1988 and by Acts that have either ceased to have effect or the Control of Horses Act in 1996. But changes have become unnecessary. More than 26,000 Acts to what? One has no way of finding out. The con- were examined for this exercise and it turned out clusion is that, unless one belongs to a law library that more than 9,000 had already been wholly or has access to on-line electronic resources, one repealed. In addition, another 12,500 or so had will not see a copy of the original 1911 legislation. never applied to Ireland. This left 4,536 statutes What is worse, even if one does have a copy of still in force here, at least notionally, of which that Act, one will then need — with a scrapbook, 3,188 will be repealed by this Bill. Significantly, scissors and paste — to assemble together a fac- that means there will be another 1,348 Acts simile of what the law looks like now by including remaining on our Statute Book which were not one by one, all the amendments subsequently passed by the Oireachtas. made to that law. If one is privileged enough to On the plus side, at least those 1,348 Acts have be a Member of this House, one will have the been specifically identified and, for what it is efficient and professional resources of our worth, have each been given a Short Title. On the Library and research staff to do that job. minus side, although we will continue these Acts It is surely unacceptable that legislation which in force, we have never felt obliged to publish any is enforced on a daily basis should be so difficult of them and the State seems unlikely to take on to track down for so many of those affected by it. such an obligation at this stage. It is incredible that the Oireachtas could at least It is said that the ancient Roman emperor and five times in 50 years have made major amend- tyrant Caligula had his laws written in small script ments to a piece of primary legislation like this and then posted in the Forum upon high pillars without imposing on anyone the obligation to “the better to ensnare the populace”. We go one promulgate the law as so amended. It is even better than Caligula. We do not bother to post worse when those amendments are not made by our old laws at all. They are all out of print. It is the Oireachtas but instead are made under minis- not as if those old laws just rest there inert and terial regulations. That has a devastating effect on decaying. They are applied and enforced. Then the integrity of our legal system because it we make life even more difficult by amending becomes increasingly difficult, if not impossible, 1195 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1196

[Mr. Stagg.] officials and making it inevitable that they will to know with certainty what actually is the never catch up with the damage we do. primary law. It is worth pointing out that the original Con- The Attorney General and his officials should solidation Bill procedure was not a product of commit themselves in future, whenever a new Bill legislation but is a product of our Standing involves amendments to legislation that is out of Orders. I suggest one new amendment be made print, to restating in full the law as amended to our Standing Orders that might assist in bring- rather than just setting out the amendments. ing coherence to our laws. Where a Bill is intro- Reading a statute should not be like reading a duced that consists entirely or mostly of amend- tortuous detective story, with clues scattered ments to existing statute law, it should be around, some of them misleading, but leading the published and debated on Second and Committee assiduous to an eventual denouement. Stages in the normal way. There should then be This is, as I have said, the first stage of an an instruction to the committee that it reports ongoing project. We have a list of 1,348 Acts that back to the House with a Bill consisting of the old remain in force. The next stage is to make those Act as proposed to be amended by the new Bill. Acts available, preferably electronically. There is The House would then have a consolidation surely scope here for an all-Ireland approach measure, certified by the Attorney General as since, for most of our history, we have shared a such, in front of it. Debate on Report Stage common Statute Book. The final stage is to con- would be confined to the matters that were dealt solidate laws in force so that cross-referencing with in committee, that is, the proposed amend- between decades and even centuries to track ments to the law, but the existing statute law down amendments and substitutions becomes a would not be re-opened for debate. It seems that thing of the past. measures like this must be seriously considered The Government places a great deal of reliance rather than leaving it to the restatement officials on the statute law restatement procedure as a to play catch up with the legislature. means of codifying the Statute Book. Instead of For good measure, the officials have prepared steering consolidation Bills through the not only a list of Acts we will retain but also a Oireachtas, the work can be done and published list of those Acts they can identify which will be on an administrative basis. The answer given by repealed. They do not claim to have identified the Taoiseach to my colleague Deputy Quinn on them all, but if a statute is not on the retained list 13 February 2007 seems to show that the work is or the repealed list, it will by default be repealed. going backwards. Deputy Quinn asked the I am slightly perplexed by some of the Acts being Taoiseach the number of statute law restatements repealed, but no doubt, the Minister will be able prepared and published to date by the Office of to provide some elaboration when he replies on the Attorney General under the Statute Law Second Stage. (Restatement) Act 2002. He was told that the Office of the Attorney General has managed to If it is not thought necessary specifically to publish just four restatements under that pro- repeal Acts which clearly never applied to cedure since it became law in 2002. Significantly, Ireland, why, for example, are we repealing the it had prepared drafts of further restatements. Local Government (Scotland) Act, the Sheriffs The office stated that “however, due to pending Court (Scotland) Act, the Trusts (Scotland) Act, amending legislation and other reasons, the draft the Welsh Church Act and so on? Why are we restatements were not brought to certification repealing the Poisons and Pharmacy Act 1908, stage”. only two sections of which ever applied to Ireland It seems we in this House, or more accurately, and which were repealed by the Houses of the the Government and its Parliamentary Counsel, Oireachtas in 1961? If pre-independence Acts are busier doing damage to the coherence and remain in force only to the extent that they are accessibility of the Statute Book than another not inconsistent with our Constitution, why do we section in the Office of the Attorney General is in think it necessary to repeal Acts dealing with trying to repair that damage by putting it together titles deprivation, the regency of the Crown, the again. The reason they do damage is entirely demise of the Crown, the pensions of dominion down to the method of law-making they adopt. It governors and the Civil List? is as if they do not want anyone to know what One could also ask questions about the Acts their laws are about. being retained in force. I would be interested to For example, let us look at the current Edu- know, for example, how the Bill of Rights 1688, cation Bill. Instead of stating or re-stating what which pre-dates English union with Scotland, let principles and rules should apply, it contains alone Ireland, but which post-dates Poyning’s sections headed “amendment of section 2 of Act Law, comes to form part of the Irish Statute Book of 1998”, “amendment of section 13 of Act of and why it is being retained in force. Is the 1998”, “amendment of section 53 of Act of 1998” Attorney General really arguing that since inde- and so on. There is no reason why we should pendence, proceedings in this House have been legislate like that. All we are doing is making and will continue to be governed by the English more work for the statute law restatement Parliamentary Privilege Act of 1603 rather than 1197 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1198 by the provisions of the Constitution that deal these Bills in some type of graphic form, I do not with parliamentary privilege? really need to know the year, session and chapter The fact that we are retaining an Act to give in which these Bills were passed. The subject effect to the peace treaty with Hungary signed at matter is certainly a help, but I need to know the Trianon in 1921 raises a question as to whether extent to which these Bills need to be retained in this treaty remains in force, whether this State is the Irish Statute Book because there is no expla- bound by it and how many other pre-indepen- nation whatsoever there. As has already been dence treaties might remain in force. On the mentioned, the inclusion of some of these Bills domestic level, the Oireachtas will in future know seems curious, to say the least. They include the how many statutes from before 1922 are in force. early statutes from the time of Richard, Duke of However, at the international level, does the York, to have fairs and markets in Ratoath and Department of Foreign Affairs have a similar list the legislation ensuring that Carrick in Tipperary of treaties that bind us as a successor state to the is not burnt by rebels. Is the Government saying former United Kingdom? that somehow there might be a repetition of these There are other issues raised in the Bill that events in the near future or that it would like to ought to have been settled long ago. Can it really have this legislation on the Statute Book just in be the case, for example, that there may still be case they occur? Another example of such legis- extant orders made under the Government of lation is one concerning the pardon of fee farm Ireland Act 1920 and the Irish Free State and grant of custom and cocket of the City of (Agreement) Act 1922? If there are, they relate Cork to the mayor and commons there. Having to the ultimate transfer of functions from the been a member of Cork Corporation, which is British administration in Ireland to the Pro- now Cork City Council, I never knew I had the visional Government and then to the Free State grant of custom and cocket and would certainly Executive Council and its Ministers. like to know what it is. Somehow, the Govern- Some of the possibly excessive powers and ment seems to think this legislation is worth privileges claimed by the Department of Finance retaining. in its dealings with other Departments of State More sinister perhaps is the retention of the are thought to date from the terms of these old Parliamentary Privilege Act of 1471, which con- transfer of functions orders. If that is the sole cerns freedom from arrest of Members of the basis for its behaviour, which is not always House of Lords coming to Parliament, and their favourable, it is frail enough. These orders are not servants, and the Servant of the Prior of the published by the Attorney General, but he must Hospital to be released. I hope the Servant to the know whether any of them are extant. Why not Prior of the Hospital has been released by now list and publish them? given it is 500 years later. Somehow, someone has Ultimately, our agreed commitment must be to decided that this legislation needs to be incorpor- make legislation more coherent and more easily ated in the Irish Statute Book. accessible to those who need it. As part of this A law from the 15th century has also been process, the Labour Party welcomes this Bill and retained. The Courts Act of 1476 requires lords will give it constructive consideration on Second to wear their robes in Parliament and judges and and Committee Stages. barons to wear their habits and coifs in term time. I do not know if the Government is thinking of Mr. Boyle: I wish to share time with Deputy dressing up Members of this House, but, again, I O´ Snodaigh. find it curious that this legislation needs to be Acting Chairman (Dr. Cowley): Is that retained. agreed? Agreed. Some of the Bills seem to talk about areas one thought would already have been talked about by Mr. Boyle: The Green Party supports this legislation passed since the foundation of this attempt to rationalise the Irish Statute Book. It State in 1922. There is legislation about the is unfortunate that the debate we are having is foundation of hospitals that are no longer in exist- truncated to the extent that due to the scale of ence, for example, Mercer’s Hospital in Dublin the legal instruments before us it would, at least and Cork Infirmary. I would have liked a more on Committee Stage, warrant more attention detailed explanation as to why there is a need to than it has been given to date. We are talking retain these items of legislation. about thousands of legal instruments. We must From a purely constituency viewpoint, I note take it on trust that the deletion of 3,000 or so there were several items of legislation before the statutes as a result of this Bill will not leave a Act of Union such as the City of Cork hole in the Statute Book and that they represent (Improvement) Act, which I still think is a good legislation that has been properly adopted since idea. It appears to have been one of the last items the foundation of the State. of legislation passed by the old Irish Parliament I would like to see more detail in the Bill in before the Act of Union in 1801. respect of the 1,348 remaining statutes. The There is a curious item of legislation from the Schedule is 20 times longer than the Bill. While period after 1800 which the Government wants to an attempt has been made to represent each of retain, namely, the Portumna Bridge Act, relating 1199 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1200

[Mr. Boyle.] Aengus O´ Snodaigh: It is interesting that it has to the removal of tolls and the taking in charge taken so long for us to get to this stage. I would of that bill for public improvements. Perhaps the have presumed this would have been one of the only reason this legislation is retained is because first items on the agenda either in 1922 or 1948, the Government considers it might have some to repeal British or English Acts and to replace application in terms of buying out the West Link them with parliamentary legislation agreed by the toll bridge. Given that it was done in the middle representatives of this State. Great work is finally of the 19th century, perhaps the Government being done in this attempt to repeal a number of would learn something from a previous Govern- statutes which have been used or abused over the ment about how a toll bridge can be taken out years because they remained in existence. of existence. As the Bill progresses, we need an explanation The real problem with the proposed legislation and a timetable in regard to the 1,348 Acts which relates not so much to the listing of outdated stat- will remain. Like other Deputies, I find it strange utes or even the retention of some legislative that some statutes will remain on the Statute items that appear to maintain some type of rel- Book. We need an explanation as to why that is evance for the legal code, but to the lack of any the case, a timetable for when we will replace them and proposals for legislation to overwrite kind of intention from the Government to replace and update some of these statutes. the retained 1,348 items of statute. I would like It is interesting to go through the list of legis- to see a timetable from the Government stating lation, some of it dating back several hundreds of how it intends to replace all these statutes by new years, and to read the subject matter relating to legislation. Is it possible to do this in an all- various Acts. It is probably more interesting embracing Bill such as this purports to be or does again to go through each individual Act. I expect it need to be done by way of individual items of those involved in drafting the legislation had legislation? great fun. While we can be frivolous about some It is curious the Government has referred in its of the legislation we propose to repeal or remove legislative programme to the replacement of from the Statute Book, I question the merit of some Acts on the list that are being retained. Ref- some of the legislation that remains in place. I erence to a Curragh of Kildare Bill was a constant hope this work will continue in future years feature of the programme in recent years, prior beyond the Statute Law Revision Bill. to this year, but the Government has decided to One of the remaining anomalous Acts relates retain the Curragh of Kildare Act dating from the to the erection of castles and fortifications in mid-19th century. There are many inconsistencies Dublin or the establishment of fairs in Donny- in the listing being supplied to Members of the brook — it is a long time since there was a fair in House. I regret the information supplied with the Donnybrook, whatever about Waterford city or draft of the Bill is insufficient. We do not have Limerick city. The Act is to be renamed from the adequate time to give a proper inspection of the Fairs Act 1204. A number of Acts are being proposed legislation. That said, and all frivolity retained which relate to fairs and markets. It aside, there is no doubt this is a necessary exer- would be a major job in itself to amalgamate all cise, one which we would probably need to repeat such legislation into a single Act which would on a regular basis — perhaps every five or ten give standard rulings on fairs and markets around years. It would require a great deal of work from Ireland and would also continue the privileges the Attorney General’s office to keep us up to which have been granted at various stages down speed in this regard. through the years that have become common A possible way of circumventing the lack of practice since. It would be a considerable under- examination afforded to this Bill is to convene a taking to deal with grants of licences etc. standing committee of the House, in the same Another anomaly is the Taking of Pledges Act. The taking of pledges contrary to the common way as we have a Joint Committee on European law was considered a felony. That law dates to Affairs to consider the thousands of statutes 1475 and at this stage, democracy has overtaken emerging every year from the European Union, this requirement, bar in the Six Counties where and to try to incorporate them into Irish law, people are still being asked to make pledges to despite the near passage of the European Com- the Queen and the like. munities Act which appears to be an attempt by The Bog of Allen Act 1478 related to freedom the Government to subvert that process. It would to draw turf from the bog. I thought environmen- be valuable work for a standing committee of the tal concerns and subsequent legislation to give House to examine legislation that has become licences to Bord na Mo´ na and local people to cut outdated and reincorporate it into modern turf would have invalidated this Act. The Mar- legislation. riage (No. 2) Act 1537 remains in place. Likewise, The Green Party will not oppose the Bill but I presumed laws enacted since the foundation of we hope much of what has been said in the the State would have superseded this. I would be debate will be taken on board in future legislation interested to hear the reason it remains on the in this area. Statute Book. 1201 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1202

I question the need to retain legislation relating that is an amendment to older Acts? This would to sheriffs, the sale of horses etc. While sheriffs be neater than removing so many statutes across are still part of society, we need to update and a wide spectrum. modernise the Sheriffs Acts of 1634 One welcomes the changes to old laws. The 1 o’clock and 1707. Reference was made to matter of wigs and gowns illustrates this point. hospitals that no longer exist. For The ordinary punter is put off by the importance example, the Meath Hospital no longer exists as given to these items. People will sit and speak to a separate entity. Time has made other legislation a person in ordinary clothes with greater ease redundant such as that referring to Dublin than to a person wearing these items even though improvement, the Rotunda Hospital etc. They some younger people appreciate the older struc- related to a specific moment in time and no tures. Those of us on the British-Irish Inter- longer require to be on the Statute Book. parliamentary Body who travel to London The Registry of Ships is among the Acts appreciate the origin of some of these old laws retained and I wonder why it has not been repe- and their relevance to that structure. However, aled. There is probably a reason but we should we are proud to be a modern State with more overwrite these Acts. The Erne Navigation Act modern ideas and we are not afraid to get rid of is another that I would have presumed had been some of the shackles imposed by these earlier overwritten, given the navigation channels built Acts. in the canal in recent years. We are rushing through this legislation but I must examine some Acts that may have impli- other important Bills have been ignored by this cations for my constituency, such as the Poddle Government and will not be addressed before the River Act 1795. This river runs through my con- end of this Da´il. I have referred to the Fines Bill stituency. Every Deputy should examine the several times. It was a simple Bill proposed by implications for his or her constituency. Many Fine Gael to address the stupidity of jailing some- statutes date from the Anglo-Norman invasion one for non-payment of a fine such as a television and the Middle Ages. For the most part, Ireland licence payment. It would be better if the sum was Gaelic Ireland and Brehon laws still applied. was taken from social welfare payments or a sal- We have never considered the positive aspects of ary. Why is this issue not being addressed when Brehon law. It would be interesting to see if we it is more urgent than this Bill, which is being have repealed these laws or codified them to the rushed in this fashion? extent that we could examine them when The Minister of State states that the change will reviewing statutes. “provide a fundamental clarification and simplifi- The old Gaelic system had a more progressive cation of the Statute Book by repealing all stat- attitude to land and property, which was held in utes enacted before 6 December 1922 with the trust for the people in the interests of the com- exception of those statutes that are specifically mon good. An aggressive form of private land preserved”. I have not fully evaluated this but I ownership was introduced by others under the hope to do so before this is rushed through Com- feudal system. Acts that are retained may have mittee Stage. The danger with rushed legislation an impact in the future. Recently, the royal char- is that positive measures may be dropped and we ter for the city of Derry was used in the courts in do not want that to happen. the North to thwart the democratic right of the A typical example of this is dealing with the people of the city to use Derry as the official Office of Public Works. I received a phone call name rather than Londonderry. Retained statutes yesterday about a river. Unless a reference is have effects and implications, which will be exam- included in old laws to cleaning a specific river, it ined on Committee Stage. Goodbye to the others, cannot be dealt with and this illustrates why it is many of which may have served a purpose at one good to get rid of old laws. Cleaning rivers and time but are long since redundant. canals should be based on need rather than his- tory. A small river beside my home was dealt with Mr. Crawford: I have not prepared for this as under Brehon law by the local council. It was not much as I would have liked because I did not linked to the water works and it is now nobody’s dream that this Bill would be rushed through the responsibility. Much land is being lost and roads Da´il at such speed. It deals with a considerable are being damaged because of the lack of drain- number of regulations and statutes and must be age and structure. It is vital that we make pro- examined closely on Committee Stage to ensure gress from the archaic system employed in the statutes of value are not repealed. Much history water works area. is attached to this Bill. The Minister of State The Minister of State also referred to the need referred to 3,188 Acts and statutes. This should for better regulation, with which I agree. In this improve the situation by repealing historic struc- Bill we are improving regulation and trying to get tures that have little relevance to today’s world. rid of some of the archaic systems that have Deputy Stagg referred to agriculture, which is still existed from 1070 to December 1922. Last week relevant. It is time this area was tidied up. When we rushed a Bill through the House giving free- new laws are passed, why are older Acts not dom to Ministers and the civil servants to put brought together in a new Bill rather than a Bill through regulations and laws from Brussels that 1203 Statute Law Revision Bill 2007: 28 February 2007. Second Stage 1204

[Mr. Crawford.] to question the Taoiseach about the topic. The were completely unacceptable. If we are trying to Taoiseach can be asked about anything, from an improve the situation we need to re-examine how issue in the Deputy’s constituency or mine to this House works. radon. He must be an expert in everything. I am We are at the end of a five year term or almost not sure that is the right way to do things. a ten year term for the coalition in Government. It probably suits the Opposition at the moment In that time I have tried to speak as much as any but there are better ways to get better infor- other backbencher in the House but the system mation, by having other Ministers, as well as the needs to be changed dramatically if the House is Taoiseach, here. Some notice could be given of to remain relevant to the person on the street. questions on important national issues and the We come in here for a few days and work by set Ministers could be more involved. Regardless of pieces. We cannot really deal with emergencies who is in Government, there are changes we as we should, or have proper debate. I have had should make. Let us try to do so when the new an opportunity to observe other parliaments and Government is formed, whoever forms it. seen that it is possible to have direct and honest Obviously, I hope it will be our side and the debate rather than set pieces and in most cases Deputy hopes it will be his. written scripts read into the record for the sake The debate on this Bill is a timely reminder of of the media. the ongoing need to update our legislation. I We need to change not just the regulations would be happy to provide Deputies with any made before the State was founded but those on Acts of interest, and to clarify their concerns how this House operates. For example, in the between now and Committee Stage. I said this in Adjournment debate if we are lucky enough to the Seanad too. There has been significant public be chosen we speak for five minutes and a Mini- consultation throughout 2006 on the Acts. Adver- ster of State, rarely the relevant Minister, comes tisements were placed in national newspapers, in with a prepared script that often has little rel- last March and April and in September and evance to the debate that has taken place. That October. The list of the Acts has been available is how the House loses its relevance. This legis- at all times on the website of the office of the lation is a step forward although I dislike its being Attorney General, www.attorneygeneral.ie. There dealt with in such a short period but it is more is a great deal of interest among the public. I am important to deal with the relevance of this keen to see schools become involved in this House today, not just to the people who will serve because it is fascinating work, not just for us but in it after the next election but to the general for people outside the House. public. Deputy Kehoe referred to the Howth and Holyhead Harbours Act. This Act vested in com- Minister of State at the Department of the missioners the bridges over the Menai Straits, the Taoiseach (Mr. Kitt): I thank the Deputies for River Conway, the harbours of Howth and Holy- their contributions to the debate. I agree with head, the roads from Dublin to Howth, and pro- Deputy Crawford’s last point and as Government vided for the further improvement of the road Chief Whip I have endeavoured to achieve from London to Holyhead. The Act has been par- improvements in the way the House operates by tially repealed by a series of Acts and the Act consensus, which is the tradition. I did not suc- may still be relevant to the law of transport and ceed in many of the areas where I tried to intro- therefore is not suitable for repeal at this stage. duce reform. We succeeded with new technology, The Deputy referred to the abolition of tolls at so that computers are used in the House, there Portumna Bridge and the provision for its main- is webcasting, and we held e-consultation which tenance. The Act that abolished the collection of enabled the public consult on-line on legislation, tolls at Portumna provides that the bridge is to as it is doing in regard to the Broadcasting Bill. be vested in the counties of Galway and The staff in the House has been involved in Tipperary, in equal portions, and that the respec- these improvements. tive grand juries, rough equivalents to county Major reforms are needed here. I tried to bring councils, are to provide for its maintenance. The forward the Adjournment debates so that drawbridge and swivel bridge are to be main- Deputies who wish to raise important national, tained by the commission of public works out of local or constituency issues could do so early in the tolls of the Shannon navigation. Any other the day, have the relevant Ministers respond and Acts for the repair of bridges in Ireland are to a better public involvement. Many of those apply to Portumna Bridge. The Act may still be debates late at night are not reported in the relevant to the law regarding the commissioners media. of public works and is therefore not suitable for Leader’s Questions also needs reform and I do repeal at this stage. not say this to protect my Taoiseach. When com- Deputy Kehoe referred also to the Roads Act pared with other European leaders he comes out which is an Act to make provision for the collec- well in respect of the time he spends here. Deputy tion and application of the excise duties on mech- Crawford’s leader said one day “As somebody anically propelled vehicles and carriages to told me on the way into the House” and went on amend the Finance Act 1920. The Finance Act 1205 Statute Law Revision Bill 2007 : 28 February 2007. Referral to Select Committee 1206

2004 repealed section 6(2) indicating that the resi- This legislation follows from the Statute Law due retains efficacy. Revision (Pre-1922) Act 2005, which I also Deputy Stagg referred to the Bill of Rights. He brought before the House. That Act repealed 206 is not here at the moment but he will be ancient Acts. As regards further work, the Bill interested to know that this Act deals with the marks a significant step in clarifying what remains rights of subjects and, in particular, makes pro- to be repealed. The Acts listed for attention will vision for parliamentary privilege. The Act is not be repealed and work is already under way in suitable for repeal at this time primarily because that regard. it may be relevant to the law regarding Restatements are official publications which parliamentary privilege. Deputy Stagg also combine in a single text important legislative referred to the Poisons and Pharmacy Act which measures with all their amending statutes. This regulates the sale of certain poisonous substances means that citizens and practitioners can use a and amends the Pharmacy Act. The Act specified single source for the various statutes, as amended. that only sections 2 and 5 were to apply to Restatements of the law greatly improve the Ireland. Sections 2 and 5 were repealed by the transparency and accessibility of the Statute Poisons Act 1961, therefore the residue of the Book. Act, that is, the long title, is suitable for repeal. Deputy Stagg mentioned some of the Acts not These are examples of why we are retaining applying to Ireland. Any statutes in the Schedules some legislation. applied to Ireland. Many statutes of the former Deputy O´ Snodaigh asked why there was no United Kingdom enacted between 1801 and 1922 mention of the Brehon law in the Bill. The Bre- never applied to Ireland. There is no reason to hon law was predominantly an oral tradition, repeal these statutes and, as such, they are not rather than statute-based law. The Normans, and included in the Schedules to the Bill. With regard later the English, introduced written statute law to the question of whether any statutes are miss- in Ireland. They suppressed the Brehon law over ing from the Schedules and what will happen if a long period. Some of the statutes being repe- they are found later, there might be a small aled in this Bill were laws used to suppress the number of ancient statutes which have not been Brehon law, such as the laws of 1210 and 1226 discovered in the course of researching the Bill. which provided that English laws and customs Such statutes must be regarded as being so obsol- should be observed in Ireland. By the end of the ete that they cannot have any continuing effect. 17th century, Brehon law had been entirely sup- People cannot be expected to be bound by laws pressed and therefore did not survive into the that are so obscure even skilled legal researchers legal system under the constitutions of 1922 and cannot find reference to them. The effect of this 1937. Bill will be to repeal all public general statutes Deputy O´ Snodaigh asked about the erection except those listed in Schedule 1. Obviously any of the castle at Dublin and the establishment of Act which is lost in history will not be listed in fairs at Donnybrook, Waterford and Limerick. Schedule 1; therefore, this Bill will repeal all such This is fascinating. This is to be retained. The Act lost statutes. of 1204 had two purposes. First, it commands that I thank Deputies for their contribution to this the King needs a castle of greatest possible process. If they have particular interests, they strength with good fosses and strong walls, con- should notify my Department between now and structed in a suitable place both to control the Committee Stage. There will be ongoing research city and, if needful, to defend it. The second pur- in this area and I am anxious to ensure that in pose is to authorise the holding of fairs at Donny- holding debates on this detailed Bill there is as brook, Drogheda, Waterford and Limerick for much information as possible available to eight days annually and that merchants may Deputies. I acknowledge the work of the team of freely attend. This is not suitable for repeal as a officials in the Office of the Attorney General, High Court action has been initiated by a trader who have engaged in detailed and considerable against three local authorities, which may involve research to identify both the statutes for retention the court determining the status of these ancient and the statutes for repeal. It has been a complex market rights, despite the fact that Donnybrook task to identify the Acts that still apply to Ireland fair was suppressed in 1855. The Minister for the and to ascertain whether they are suitable for Environment, Heritage and Local Government, repeal. Deputy Roche, will be interested in that explanation. Question put and agreed to. Deputy Boyle asked why we are keeping or repealing Acts. I am happy to provide infor- Statute Law Revision Bill 2007 [Seanad]: mation on any Act referred to today or on which Referral to Select Committee. Deputies would like additional information. I will Minister of State at the Department of the provide that in advance of Committee Stage. My Taoiseach (Mr. Kitt): I move: officials will be happy to help in that regard. Committee Stage will be on 13 March. Deputy O´ That the Bill be referred to the Select Com- Snodaigh asked about the research for the Bill. mittee on Finance and the Public Service, in 1207 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1208

[Mr. Kitt.] ratified the protocol and will reduce its emissions accordance with Standing Order 120(1) and by 11 million tonnes per annum through paragraph 1(a)(i) of the Orders of Reference measures already in place, including the 3 million of that committee. tonnes from power plants and large industry part- icipating in the EU emissions trading scheme. A Question put and agreed to. range of further policy commitments will further reduce Ireland’s emissions between now and Carbon Fund Bill 2006: Second Stage 2012. We are fully committed to, and supportive (Resumed). of, the EU emissions trading scheme and agree with the Stern report that the scheme has the Question again proposed: “That the Bill be potential to become a global carbon trading now read a Second Time.” system. We have committed to purchasing a further 3.6 Acting Chairman: I call on Deputy Cregan to million tonnes in credits if required. We have suc- resume his contribution. He has ten minutes cessfully decoupled our economic growth from remaining. growth in emissions between 1990 and 2004. Dur- ing that period our emissions grew by 23% but Mr. Cregan: I welcome the opportunity to dis- our economy grew by almost 150%. Ireland was cuss this important issue. I compliment the Mini- one of the first member states to submit its ster, Deputy Roche, and the Government on the national allocation plan for 2008 to 2012, which responsible manner with which they have dealt will provide the basis for the participation of Irish with this issue heretofore. I also compliment business, to the Commission. industry on the responsibility it has shown in The effect of measures already taken will be to reducing carbon emissions over the past number reduce Ireland’s annual greenhouse gas emissions of months. Substantial progress has been made. It is not necessary to have the Green Party in by 14.6 million tonnes on average in the period Government to protect the environment. Fianna 2008 to 2012. This will bring us to within approxi- Fa´il has a strong record in environmental protec- mately 0.6 million tonnes of our Kyoto Protocol tion over a number of years and particularly target. A range of additional measures which are under the current Administration. It introduced currently being put in place will bring national the farm plastics scheme, the plastic bags scheme, emissions down to our Kyoto target and below it. the smoking ban and the tax on white goods. These include an increase in the amount of elec- These are commendable measures. In addition, tricity generated from renewable sources and the the country’s water quality has never been higher greener homes grant scheme, which assists home and the country is 90% compliant with EU owners to switch to renewable energy based heat- directives. That is commendable and shows how ing systems. responsible the Government has been in dealing The renewable energy support system is facilit- with this issue. ating the connection of more renewable energy Kyoto gives us two choices, reduce emissions to the national grid. Ireland will meet its EU tar- or buy credits. We are entitled to buy credits get to generate 13.2% of electricity from renew- despite the myths being put forward by others. able sources by 2010, removing 1.3 million tonnes We have managed substantial reductions in emis- of emissions. The EU emissions trading scheme sions, and more can and will be done. Ireland is will deliver reductions of 3 million tonnes per committed to combating global warming and will annum from both industry and power generation meet its Kyoto Protocol target. Already, major participants. The CAP reform and the nitrates progress has been recorded in reducing emissions action programme will reduce emissions from across all sectors. Further reductions will be agriculture by 2.4 million tonnes. A total of 2.08 achieved. If the Government did not act to million tonnes of emissions will be removed reduce greenhouse gas emissions, Ireland’s emis- annually from the atmosphere by Irish forests. sions in the period 2008 to 2012 would have been New, more challenging building regulations 78.2 million tonnes per year. Our Kyoto Protocol aimed at conserving energy will reduce emissions target is 63 million tonnes. The emissions by 300,000 tonnes per annum. Energy certifi- reductions required is 15.2 million tonnes. Emis- cation for all buildings for sale or rent is also sions reductions of 8 million tonnes will be being introduced. achieved from existing policies, 3 million tonnes We must buy carbon credits and we are entitled from participation by Irish companies in the EU to do so under Kyoto. I have no desire to see emissions trading scheme and 3.6 million tonnes the closure of heavy industry along the Shannon by the purchase of carbon allowances in lieu of estuary in my constituency of West Limerick, as emission reductions. The total reduction from is proposed by the Green Party, and particularly these steps amounts to 14.6 million tonnes. That by Deputy Cuffe from the comfort of his Dublin leaves a final reduction of 0.6 million tonnes to constituency. I will not allow that to happen while be achieved. I am a Member of this House. Aughinish Alum- Ireland is fully committed to meeting its ina is a responsible employer on the Shannon responsibilities under the Kyoto Protocol. It has estuary and it has taken its responsibilities with 1209 Priority 28 February 2007. Questions 1210 regard to emissions seriously. I commend the firm Mr. O’Shea: The Minister’s answer is like the for doing so. There are 500 jobs in Aughinish statement on the Irish language made in Alumina and a further 500 people are indirectly December — nothing really new or much in it. employed by the company. Moneypoint and The Minister has a litany of projects that were Tarbert are also playing their part in reducing started but not finished. For instance, Fo´ ram na emissions. They are good employers. Gaeilge was to develop a 20-year strategy but If the Green Party wishes to close those indus- very little has emanated from it. The Minister tries, it should say so in the course of the next initiated an analysis of the Gaeltacht boundaries election campaign. However, I will not stand for but again the work is not completed. Is the prom- it. Those industries are being responsible and are ise of a strategy just a sop to those with an playing their part with regard to emissions. interest in the Irish language? Very little is being done to prepare a comprehensive strategy. With- Debate adjourned. out a proper strategy, the current decline of the Irish language will continue. Recently, I noted the Sitting suspended at 1.30 p.m. and resumed at Minister invited statements on the strategy. 2.30 p.m. Acting Chairman: I invite the Deputy to ask Ceisteanna — Questions (Resumed). a question.

———— Mr. O’Shea: How will the Minister develop the strategy in the remaining lifetime of the Govern- Priority Questions. ment? Essentially, the statement was a sop, with no thought given to a structure to develop a Acting Chairman (Mr. Kirk): Question No. 70 proper strategy. cannot be taken as Deputy McGinley is not present. E´ amon O´ Cuı´v: When the statement was put together, I commented to a colleague that I Question No. 70 lapsed. would be accused of having nothing in it——

Irish Language. Mr. O’Shea: The Minister is perfectly right. 71. Mr. O’Shea asked the Minister for Com- munity, Rural and Gaeltacht Affairs when work E´ amon O´ Cuı´v: ——and then when people will commence on the development of the 20-year realised how comprehensive it was, I would be strategy for the Irish language to increase the use accused, as with the languages Act, of having too and knowledge of the language nationally; and much in it. For example, the commitment to fully the length of time it is estimated that this work implement the languages Act is a comprehensive will take. [7879/07] statement while the Act covers a wide-ranging area. The statement states the strategy will aim to Minister for Community, Rural and Gaeltacht provide a wide range of services to parents who Affairs (E´ amon O´ Cuı´v): On 19 December 2006, wish to raise their children through Irish. The the Government published a policy statement on statement is comprehensive and the clearest com- the Irish language, The Irish Government: State- mitment from Government in over 40 years. I see ment on the Irish Language 2006. The statement the process as almost like the Constitution and commits the Government to the development of now we need the law. The headlines are set so a 20-year strategy. that those working on the strategy know the The Government’s policy is to increase aware- Government’s intention. ness and use of the Irish language as a community Fo´ ram na Gaeilge will meet next Monday. As language on a phased basis. Its specific aim is to I stated in the press release issued with the state- ensure as many citizens as possible are bilingual ment, \300,000 has been set aside for the in Irish and in English. The intention is not to development of the strategy and high level advice displace the English language but to strengthen will be sought. Since I became Minister, the lang- the Irish language. In many European countries, uages Act has been implemented and the Oifig it is a normal occurrence that people are Choimisine´ir na dTeangacha Oifigiu´ la estab- bilingual. The vision for Ireland is similar, with lished. Official working language status has been both English and Irish being widely used on a achieved for the Irish language in the EU. While daily basis. the strategy was announced in 2005, it was I am meeting Fo´ ram na Gaeilge next Monday decided a 20-year strategy could not be to discuss further the development of the strategy implemented if we did not know what we wanted and the role of the Fo´ ram in this regard. I intend to do. It was then decided to publish the state- the Government’s policy statement, launched by ment first, which lays the high level Government the Taoiseach before Christmas, to be the found- objectives in a readable format for the public, and ation for practical action for the Irish language, then to base a detailed strategy on it. based on a modern approach and a comprehen- The Staide´ar Teangeolaı´ochta has recently sive strategy. reported to me. It is a comprehensive document 1211 Priority 28 February 2007. Questions 1212

´ ´ [Eamon O Cuı´v.] While the most recent data on heroin use which I want to study. It is intended to have a comes from a study published by the national public consultation process. There is no point in advisory committee on drugs in 2004, a similar me publishing a report which I have not read. study will be commissioned in 2007. When com- pleted, this research will give a clearer view of the Acting Chairman: There is little time for prevalence and changing nature of drugs misuse. Priority Questions but I will allow a brief sup- At my request, the NACD and the national drug plementary. strategy team, NDST, recently prepared a joint briefing paper on cocaine, based on existing data Mr. O’Shea: Obviously, the boundaries of the in Ireland. The paper, which is to be published Gaeltacht will not be changed in the remaining next week, concluded that all data sources indi- lifetime of the Government. The Minister cated an upward trend in cocaine use. Several referred to the Acht teanga and the sta´das oifigu´ il recommendations are made in the paper, princi- in Europe, his two main achievements. Has this pally in regard to treatment, but also covering enticed people to become committed to the Irish supply, prevention and research, and those are language? The strategy must be all-inclusive for being followed up with the relevant Departments Gaeltacht and Galltacht. Its most important aim and agencies. must be to enlarge the group of people who want With regard to the resources available, I am to use the Irish language. delighted to have secured a 16% increase in my Department’s funding to tackle drug misuse in E´ amon O´ Cuı´v: It is significant that last year saw the largest number of children ever attending 2007, especially as it follows very significant increases in the previous two years. The allo- Irish colleges in the Gaeltacht. The status of the \ Irish language has been enhanced. All language cation of 50 million shows an increase of 87% experts claim the status of a language has a large on the corresponding figure for 2004. The signifi- effect on the interests people show in it. That is cantly increased figure illustrates the importance clear if one compares what happened in the last that the Government places on tackling the drugs century in Ireland and Scotland. problem across the country. This year, substantial progress is expected by Mr. O’Shea: Will the Minister provide me with the regional drugs task forces in implementing the empirical information to back up this their action plans. Meanwhile, through the assertion? emerging needs fund, the local drugs task forces will be able to address the most pressing issues Acting Chairman: Question No. 72 cannot be arising in the evolving drugs situation in their taken as Deputy Crowe is not present. areas. In addition, the Minister for Health and Children, Deputy Harney, announced an increase Question No. 72 lapsed. of \6 million as part of this year’s budget to address the health-related aspects of the national National Drugs Strategy. drugs strategy. The overall Government allo- 73. Mr. English asked the Minister for Com- cation across several Departments to tackle the drugs problem in 2007 will be well in excess of munity, Rural and Gaeltacht Affairs his view on \ whether the national drugs strategy, which comes 200 million. to an end in 2007, has failed in view of the signifi- cant increase in drugs misuse nationally; and if he Additional information not given on the floor of will make a statement on the matter. [7944/07] the House. There have been encouraging signs of progress Minister of State at the Department of Com- in recent years in the areas of drug seizures, the munity, Rural and Gaeltacht Affairs (Mr. N. expansion and success of treatment services, the Ahern): The national drugs strategy, which runs development of prevention programmes in until the end of 2008, is achieving considerable schools, the expanding and ongoing work of local success across a range of different areas. The and regional drug task forces, and the valuable main finding of the mid-term review of the work being done through the young people’s strategy, published in 2005, was that its current facilities and services fund. aims and objectives are fundamentally sound and I assure the Deputy that through the structures that progress is being made in all pillars through and actions set out in the national drugs strategy, which it operates. the Government will continue to tackle the It is difficult to determine if a significant problem. increase nationally in drugs misuse has occurred. The most recent comprehensive figures for drugs Mr. English: The Minister of State may be won- misuse come from the all-island drug prevalence dering why I tabled this question. The main survey in 2002 and 2003. Fieldwork for a second reason was that the Taoiseach claimed there was survey is in progress and will be completed in no serious drugs problem in every village, com- April, with first reports becoming available in munity and locality. He was backed by others in the autumn. the Government, but there is just such a serious 1213 Priority 28 February 2007. Questions 1214 drugs problem. Until those on the Government Mr. English: The Taoiseach has done so twice. benches accept that we have a major problem, we will never solve it. Mr. N. Ahern: No, he has not.

Acting Chairman: Does the Deputy have a Mr. English: He did so this week and last week. question? Mr. N. Ahern: Deputy English referred to a Mr. English: This is the background to the “serious” problem, and I congratulate him on question. The Minister claims the drugs strategy using a reasonably sensible word. Normally his is working, but that is not true. Every report, colleagues speak of “crises”. I am sure the ques- college-funded, independent or from the Govern- tion put to the Taoiseach was whether there was ment, shows an increase in use. Seizures last year a crisis, and there is none. reached \74 million. Assuming the figure in ques- tion represents 10% of use, one can see how Mr. English: Is the Minister of State saying much drug sales and use have increased. Even in there is not a serious drugs problem? Is that the the context of falling prices, one can see how Government line? lucrative it is. Cocaine seizures have risen by 500% since 1995. The Government may claim the Mr. N. Ahern: The Deputy should hold on, rise is owing to the great job being done in seizing since I listened to him. drugs, but we are still only hitting at the same Drugs are a serious problem for those affected, rates. but our strategy is working. The Deputy asked regarding Europe, and one must consider the situation in the context in which our strategy and Acting Chairman: The Deputy is making a efforts are placed. The supply of drugs has risen Second Stage speech. substantially. The amount seized is now massive, and prices have fallen. That is the background Mr. English: That is not true. The Acting against which we operate our strategy in this Chairman should not worry about that. country. The supply of drugs internationally has I welcome the Minister of State’s increased increased a great deal, and the price reflects that. funding, but can he not encourage colleagues It would be almost naive to believe that Ireland across all Departments to realise that they must might be different or separate from the rest of reflect on our problems with drugs? Every Mini- the world in that regard. There is great co-oper- ster should admit that we have such a problem ation internationally. and commit the Government to tackling it. Com- The funds in the Department amount to munity gardaı´ are a major feature of the drugs approximately \50 million, mainly for expendi- strategy, but it has been a total failure. There are ture at a community level, and we have main- now fewer people in the Garda drugs squad than streamed perhaps \25 million, meaning that ten years ago. It is not simply a matter for the approximately \75 million a year is now going on Minister of State’s Department but for all projects that started at a community level. As Departments. The matter is not being tackled, they are evaluated, they are moved to other and that is why I argue that the drugs strategy Departments. Perhaps 650 or 700 people are now is failing. working in the community on projects that did not exist eight or nine years ago. However, Acting Chairman: Does the Deputy have a because of heroin from Afghanistan and so on, question? supply has increased so dramatically that things have become very difficult. Mr. English: What will the Minister of State do There is always a problem with joined-up to co-ordinate other Ministers and urge them to government, but we have the interdepartmental play their part in tackling drugs problems? group, IDG, in which the Departments of Justice, In the United Kingdom, it is estimated that \24 Equality and Law Reform; Health and Children; billion is spent on drugs. No doubt the Irish fig- Community, Rural and Gaeltacht Affairs; Edu- ures are far lower, and we will collate the data cation and Science; and Enterprise, Trade and over the coming months. I am sure the Minister Employment are involved, together with all the of State has been involved at a European level. agencies. There is a co-ordinated response, and What joint efforts are being undertaken to tackle that is the strategy. They all answer for what they the drugs problem properly using a cross-Conti- are doing or not doing at that level. nent approach? We have a serious problem, and The context is the international supply of I am very concerned that it is not being admitted; drugs, and despite the fact that gardaı´ and the the same is true of other governments. Is the Customs and Excise have been so successful with Minister of State involved with other countries to their seizures, as we have heard today, it is improve the strategy in Ireland and cut supply? obvious that great quantities of drugs are getting through. We can only equip people with know- Mr. N. Ahern: No one denies that there is a ledge and awareness, giving them the information drugs problem. on the dangers of such drugs and providing treat- 1215 Priority 28 February 2007. Questions 1216

[Mr. N. Ahern.] island of Ireland reported ever having taken an ment facilities for those who have sadly become illegal drug. Cannabis was the most commonly users. used illegal drug. Lifetime prevalence rates for cannabis were 17% in Ireland and current rates Acting Chairman: We must move on, since we of use were 2.6%. Aside from cannabis, the most have greatly exceeded the allotted time. common drugs ever used were: ecstasy 5%; magic mushrooms, LSD and poppers 4% each; amphet- Mr. English: Perhaps I might ask one more amines 3%; solvents and cocaine 2% each; heroin brief question. 0.4%, and crack 0.3%. The second all-island drugs prevalence survey Acting Chairman: A very brief question. is currently in progress and it is expected that pre- liminary results will be available in the latter part Mr. English: Regarding international supply, of this year. This will give much greater clarity on the Minister of State mentioned Afghanistan, the overall current prevalence rates of drug use where 90% of UK and Irish heroin originates. in Ireland. Has there been any serious talk at a European level of buying out the crop locally before it Mr. O’Shea: I thank the Minister of State for reaches the market? I do not expect the Minister his reply. In the context of research, it is more of State to have all the answers. pertinent nowadays to examine some issues with a view to developing solid data on them. For Mr. N. Ahern: I am no expert on that. It is diffi- instance, why are people taking up this habit in cult to blame an Afghan farmer, since what he ever growing numbers? According to recent can get for an acre of opium is likely to be several statistics, drug seizures in Ireland last year times what he could get for any other crop. I will amount to \40 million. If one takes the lower get the Deputy the information on that, but the international seizure rate norm of 5%, it means question of building up the Afghan economy is that \800 million worth of illegal drugs were com- much wider. We must settle that country’s prob- ing in here. If one takes the higher seizure rate of lems, build up trade and give people other crops 10%, the total would be \400 million, which is that will support their livelihoods. At the still a great deal of money. The Minister of State moment, the attraction is felt at an individual and will recall that issues arose in committee reports agency level. where, for instance——

74. Mr. O’Shea asked the Minister for Com- Acting Chairman: Does the Deputy have a munity, Rural and Gaeltacht Affairs the pro- question? posals he has to encourage and promote exten- sive research into the extent of illegal drug-taking Mr. O’Shea: Yes, but I am trying to provide in the State; and the reasons there is an apparent some background. Essentially, one of the recom- increase in illegal drug-taking across the whole mendations was to examine more closely the community. [7880/07] damage that cannabis does, particularly to preg- nant mothers and their unborn children. Why do Mr. N. Ahern: An important element of any people take up the habit and what are the policy is the knowledge upon which it is based. In inherent dangers of using specific drugs? Such the context of the national drugs strategy, I dangers may not yet be fully recognised, so we strongly recognise the need for good information need to investigate that situation further. Why are on the nature and extent of drug misuse in a growing number of middle-class people using Ireland to influence the development and roll-out cocaine for leisure, while seemingly being in of the strategy. denial that the proceeds of this trade are going to Research is one of the five pillars of the NDS. some of the most ruthless criminals we have ever The key objective under this pillar is to have had in this country. We need to focus more valid, timely and comparable data available on research outside the capital. Will the new drugs the extent of drug misuse in Ireland. In that con- plan place greater emphasis on research? text, the national advisory committee on drugs was established six or seven years ago to advise Mr. N. Ahern: Research was one of the original the Government on the prevalence, prevention, four pillars of the strategy and rehabilitation is treatment, rehabilitation and consequences of now the fifth. Research is very important and the problem drug use in Ireland, based on its analysis NACD is undertaking many good projects in this of research findings and information available to respect. While such research projects are mainly it. As regards prevalence, the Deputy should note national, it has also funded some local ones. The that the NACD, in conjunction with the drug and strategy ends next year and there will be a consul- alcohol information and research unit in tation phase, either late this year or early next Northern Ireland, published a series of bulletins year, on a new strategy. That will provide all of based on results from an all-island drug preva- us with an opportunity to tweak it or change it lence survey 2002-03. That study found that fundamentally, as necessary. It is difficult to know 19%, almost one in five, of respondents on the why certain people use certain drugs, but it may 1217 Other 28 February 2007. Questions 1218 be due to supply and the fact that there is plenty vision; it could be done through pre-natal classes, of money around. The country’s demographics, for example. I will take up the Deputy’s point including its age profiles, have changed hugely. with the Department of Health and Children to Ireland is booming in many ways. There are many see whether such data is made available via young people with a great deal of money and, I maternity hospitals or elsewhere. suppose, there is a desire to experiment. The NACD has done much good work. Our job is to Other Questions. try to get across to people the fact that even can- nabis, which might not be as dangerous as other ———— drugs, can have negative mental effects on a sig- nificant number of people. Much depends on how Countryside Recreation Strategy. often one uses the drug and at what age but it is difficult to get that knowledge across to people. 75. Mr. Ellis asked the Minister for Com- We have the research and are continually running munity, Rural and Gaeltacht Affairs the role he awareness campaigns. In recent years, school envisages for forest parks in public ownership in SPHE classes have run modules on drugs, which achieving the objectives of Comhairle na try to get through to young people the damage Tuaithe’s countryside recreation strategy in they may be causing to themselves. Many of them County Roscommon. [7605/07] already know it. According to one survey, univer- sity students who dabbled with drugs in 102. Mr. Connaughton asked the Minister for November, December or January, desisted once Community, Rural and Gaeltacht Affairs if he their examinations approached in April or May. will expand upon his recent comments that the They are aware that drug use does not do their State would consider buying or leasing land to memorising capacity any good, although they facilitate increased hill walking opportunities; and may flirt with it. It is wrong to give the impression if he will make a statement on the matter. “One puff and you’re hooked for life”. That is [7731/07] not true because most people can experiment and walk away from it. Sadly, however, a significant 113. Mr. McGinley asked the Minister for cohort does become trapped in drug abuse. They Community, Rural and Gaeltacht Affairs the pro- are the ones to whom the policy is geared. gress made with the IFA in relation a country walkways strategy; and if he will make a state- Acting Chairman: I will only allow the Deputy ment on the matter. [7724/07] a brief supplementary because Priority Questions are at an end. 114. Mr. Callanan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he has Mr. O’Shea: There is some scientific evidence proposals for the development of a walking and of the damage being done to unborn children cycling trail on the route of the disused Loughrea when their mothers smoke cannabis, particularly to Attymon railway line; and the discussions he in early pregnancy. For instance, there is a pro- has had with Iarnro´ dE´ ireann on the matter. pensity for such children to develop disorders like [7598/07] ADD and ADHD. Does the Minister of State agree that we should examine this matter more 119. Mr. Cuffe asked the Minister for Com- closely? When solid evidence becomes available munity, Rural and Gaeltacht Affairs if he will one way or another it should be communicated elaborate on the discussions his Department have effectively to the target group. been having with Iarnro´ dE´ ireann regarding the use of its abandoned railway lines for recreational Mr. N. Ahern: Common sense dictates that purposes. [7766/07] even diet and exercise affect babies, so I agree with the Deputy that as more information becomes available it should be communicated to 130. Mr. Boyle asked the Minister for Com- pregnant women. munity, Rural and Gaeltacht Affairs if he will report on the disputes regarding countryside Mr. O’Shea: Should we not seek to discover access and developments by the expert group set that information more urgently and spend up to investigate the legal issues surrounding land resources on doing so? access for recreational use. [7765/07]

Mr. N. Ahern: Yes, but they are probably not 141. Mr. Cregan asked the Minister for Com- the cohort on which we would spend most of our munity, Rural and Gaeltacht Affairs the dis- energy. I take the Deputy’s point and will exam- cussions he has had with other State agencies and ine what data currently exists in that regard. Preg- semi-State bodies in relation to the use of lands nant women may not be major users of cannabis in State ownership for countryside recreation; but if any of them are doing so I agree that we and his views on developing the disused Limerick should impart such information to them in a tar- to Tralee railway line as a walking and cycling geted way. It does not have to be done on tele- route in this regard. [7594/07] 1219 Other 28 February 2007. Questions 1220

E´ amon O´ Cuı´v: I propose to take Questions Law Reform and my Department. This group met Nos. 75, 102, 113, 114, 119, 130 and 141 together. for the first time on Tuesday, 20 February and I Comhairle na Tuaithe presented its report on have asked them to report back to me by the end a national countryside recreation strategy to me of April. Any question of the acquisition by local in September 2006. The strategy defines the scope groups of land to facilitate increased hill walking and vision for countryside recreation and sets out will be considered following the completion of the broad principles under which sustainable the group’s report. countryside recreation can be managed into the The Deputies should note there have been future. It also sets out the tasks that should be meetings with the Irish Farmers Association to undertaken to achieve this vision and recom- discuss ways of moving forward with the imple- mends actions that need to be taken and by mentation of the strategy. However, I want to which bodies. make it clear that payment for access is not under Following my consideration of the report I discussion. The IFA has sought a payment for the have taken a number of actions. First, I have maintenance of specific walks throughout the reached agreement with Fa´ilte Ireland regarding country and I am fully in agreement that there the employment of up to ten walk managers should be no cost burden on farmers arising from under my Department’s community services the maintenance of permissive ways open to the programme. Their role will be to promote walk- public at no charge. It is hoped to progress ing tourism in areas where there are clusters of matters further at the next meeting, which is suitable, accessible walks. scheduled for later this week. Second, my Department in consultation with I have time and again made clear my view that the Department of Arts, Sport and Tourism, a local, community-based approach is the best Fa´ilte Ireland, Comhar Leader na hE´ ireann and way forward where issues of access to the the national way-marked ways advisory commit- countryside arise. Where it is not possible to tee, are identifying a further 30 looped walks and reach agreement in a particular location, alterna- way-marked ways for development in 2007. Fa´ilte tive routes should be explored and developed so Ireland has informed me that 15 of these will be landowners’ rights over access to their lands are under way by June 2007 and I have set aside not interfered with. I will be meeting with Pa´draig funding of \1.5 million in 2007 for this purpose. Walshe, president of the IFA, this week and we In this context, Deputies should note that 40 will discuss this issue. looped walks have already been developed with Finally, the Deputies should note that the draft the assistance of the rural social scheme and my Rural Development Programme 2007 to 2013 has Department. been submitted to the European Commission for Third, my Department is actively pursuing the approval. The development of countryside possibility of using former railway infrastructure recreation will be a key part of the measures to as recreational trails for walking and cycling with be rolled out under the new programme. the Department of Transport and Iarnro´ d E´ ireann. Mr. Ellis: I have an interest in the forest park In October 2006, officials from my Department area of Lough Key. Arising from his answer, does met representatives of Iarnro´ dE´ ireann and CIE the Minister for Community, Rural and Gaeltacht to discuss the possibility of using disused railway Affairs, Deputy O´ Cuı´v, envisage that his Depart- infrastructure around the country for ment might market the area as a suitable location 3 o’clock recreational development as walk- for walking and other tourism related products? ways and cycle paths. They con- These lands are owned by Coillte so does the firmed that the only lines that are abandoned and Minister envisage that organisation joining his definitely available for development are Attymon Department to provide walkways throughout to Lougrea, Tralee to Limerick, and Waterford the forests? to Dungarvan. The next step in this process is that my officials E´ amon O´ Cuı´v: I cannot discuss specific forests will be meeting this week with Comhar Leader but we want to develop a programme and my na hE´ ireann, which represents the Leader com- Department can play a role in the provision of panies to discuss with them the proposal for the capital rather than marketing. We feel marketing use of abandoned railway lines. should be conducted by Fa´ilte Ireland or Tourism Separately, discussions are continuing with Ireland as they are the places everyone looks, Coillte Teoranta and Bord na Mo´ na to discuss both natives and visitors, when seeking to partake the possibility of expanding the use of their lands in tourism activities in Ireland. for recreational purposes and I will continue to I am a great believer in the one stop shop and progress this matter. our idea is that we produce the product, either on To ensure that a number of legal issues are Coillte land or Bord na Mo´ na land with co-fund- addressed as a matter of priority, I have estab- ing from the bodies in question. We are willing lished an expert group, comprising a senior coun- to provide 100% funding for products based on sel and officials from the Office of the Attorney farmers’ land. In all cases Fa´ilte Ireland will do General, the Department of Justice, Equality and the marketing. 1221 Other 28 February 2007. Questions 1222

Mr. English: I have a brief point to make as Irish Cattle and Sheep Farmers Association. I am there are four or five questions being taken going to the Sheep’s Head Peninsula, Skibbereen, together. tomorrow and I intend to walk on the famous walkway there that seems to have caused more Mr. O’Shea: There will be more than six debate than any other walkway in Ireland. I will minutes allocated to these questions. see then what the difficulties are because I am more familiar with the hills of Connemara than Mr. English: I welcome most of what the Mini- the hills of south Cork. It is fine to discuss such ster has said and have some questions that arise matters in an office but sometimes one gets a from his answer. Regarding bog lands and Coillte better perspective on the challenges people face owned lands, there is a great deal of land desig- by visiting the area. nated as special areas of conservation and My gut feeling is that the traditional way is best national heritage areas. These areas supposedly in this matter. People should be fairly free to cannot be used for the cutting of turf but this is roam the hills of the country and should not have not being enforced yet. The bog lands and forest to pay as long as no damage is done. This is the parks can be developed for walkways and they most desirable approach from the perspective of can also benefit the area of education. The tourism. The Deputy is correct that there is a Government could lead an initiative, bringing great deal of work involved and many oppor- various Departments together, to ensure that dis- tunities for communities. Preliminary figures I used bog lands do not become dumping grounds have seen indicate that walking tourism is and are properly looked after with footpaths and increasing and we are passing the figures that so on. Schools could send groups for educational existed in the heyday before foot and mouth dis- tours of such areas and they will benefit people ease caused a slump. living in both cities and the countryside. This The Deputy raised a question about bogs, and could be a great initiative, and it is happening in this is intriguing. There are special areas of con- some forests, but we should make plans for bog servation. Bogs that are small must be preserved lands that will be left. In many cases only 40 to and only used for education. It is important they 50 hectares are in question and they will become are not walked on too much and that none of the dumping grounds if they are not seen to. flora and fauna we are trying to protect is damaged. Interestingly, cutaway bogs may have Acting Chairman: Does the Deputy have a more potential than pristine bog; the top has been question? removed and there are many more things one Mr. English: That is my question. I am not sure could do with it. Many bogs are in the east mid- what is wrong with the Acting Chairman today lands and I am not against go-karting there and but I request that he give us a chance to ask other things people wish to do to enjoy them- some questions. selves. We are talking about recreation, we are not saying everyone must become serious walkers Acting Chairman: There are many questions for the good of their health. Many people wish to listed for discussion. use the space. I think this is a great step forward and I am Mr. English: We are not arguing on this point; glad the Deputy has welcomed it. We are lucky we are all in agreement for a change and we have the State owns huge tracts of land with many pos- a chance to talk it through. sible uses and huge potential that has not been Regarding access to land, the last time we dis- exploited. The reaction from Coillte and Bord na cussed this matter in October or November the Mo´ na has been most positive and they are engag- Minister said he would consider a suggestion of ing in the process, though it is at an early stage. mine on walking passes. This would be similar to We have started something that will be seen as ski passes in other countries and would allow very positive in two or three years and will give a people pay to have access to certain lands for a huge added dimension to State lands. week. This would help collect money for a fund to compensate landowners for the cost of main- Mr. O’Shea: I am impressed by the progress tenance and insurance and would give money made on this issue by the Minister and compli- back to the community for the development of ment him on the work that is being done. The walkways and so on. It would also act as an incen- Minister indicated that the ten walk managers tive for communities to encourage more walkers will be located where there are clusters of walk- to come, to open coffee shops, to open farmyards ways. What are the functions of these walk and so on. Did the Minister pursue this idea? managers? The issue of access to land was mentioned and E´ amon O´ Cuı´v: We have done a great deal of I am concerned about access to sand dunes work in this regard, though I cannot say I have because I can see in my town, Tramore, that ran- an answer to the Deputy’s specific question. We dom access to dunes can lead to problems with have had discussions with the IFA, the Irish erosion and so on. Are there any specific Creamery Milk Suppliers Association and the measures to be taken in this regard? I know the 1223 Other 28 February 2007. Questions 1224

[Mr. O’Shea.] was constructed in response to over-usage. We Minister is to meet Coillte Teoranta and Bord na must start investing in this sector which we took Mo´ na but are sand dunes and coastal walkways for granted until a crisis arose and we suddenly within the remit of what is being discussed here? realised we had only exploited about 10% of its Does the Minister have proposals in this regard? potential. I was astonished to learn from the Minister that There are three levels of railway line. Some are only three surviving railway lines are usable. Are open and used by trains every day, while others there other reasonably intact lines of which are closed but not abandoned. The latter category sections have been sold to adjoining landowners? includes the Navan to Kingscourt line, about Is there merit in considering whether it would be which there has been considerable debate, and in the national interest to buy back such sections, the Athlone to Mullingar and Cork to Youghal where possible, to develop the type of infrastruc- lines, all of which have been closed for many ture we are discussing? I have other questions but years. All three lines remain in State ownership I will leave it at that. and have not been abandoned. For technical reasons, they are currently not available. It is a E´ amon O´ Cuı´v: I will try to answer all of the pity the alignments were not maintained on rail- Deputy’s questions. I envisage that a walk man- way lines which closed. Reinstatement of the lines ager will have two functions. First, he or she will would have been possible because it would not negotiate possible new walks in developing the be a problem converting them back to their orig- product, working from home and using a mobile inal use. It is intended to use some lines for walks telephone. The walk manager’s second function on a licensed basis. The three lines under dis- will be to avoid conflict. A person seeking infor- cussion are abandoned but remain in the owner- mation about walks in an area will be given the ship of Iarnro´ dE´ ireann. They were not sold to walk manager’s telephone number. In addition, if local landowners and offer considerable a person wants to find out where to get lodgings potential. or a meal or how to access mountains or fields I hope the plans will encourage communities in without disrupting farmers, the local walk man- other areas with abandoned railway lines which ager will be able to help and will know what can were sold to local landowners to use part of the be done and what should be avoided. He or she lines for cycling or walking. Considerable pro- will be able to telephone a local farmer to ask if gress has been made on part of a railway line in walkers may use his or her fields to reach a moun- the west which has been abandoned since the tain. As well as being managers of specific walks, Second World War. Walkers and cyclists can use I hope they will have a liaison role which will part of the line before taking another route and create goodwill between walkers and landowners. returning to the line thereafter. This is acceptable If a walker is using a specific walk and finds because walkers and cyclists, unlike trains, are that flooding has made it impassable — if even able to take a right-angle turn onto another path 200 yards of a 50-mile path is impassable, the before returning to the line on land held be walk becomes pointless — he or she will know people who are willing to allow walkers and immediately who to contact. The walk manager cyclists use the line. will then contact officials of the rural social The lines in State ownership are the easy part. scheme to ensure the walk is reinstated. If a Perhaps sections of the Cahirciveen or west Clare farmer notices a broken stile or a gate left open, railway lines could also be used for these pur- he or she will know who to contact. Much of the poses. Even making four miles of line available conflict experienced in the past was due to no one would be a fantastic outcome. Once communities being available to take control when a problem see what is possible, they will come forward with arose. Walkers became frustrated when they good and novel ideas. Our experience is that found that damage to walks had not been many good ideas are coming out of the woodwork repaired, perhaps because the walk may only now that the debate has started. I thank Deputy have been surveyed once every year. On the O’Shea for his kind words. other hand, landowners often found an area left in an unsatisfactory state or observed walkers act- Irish Language. ing inappropriately, for example, entering a field 76. Mr. McCormack asked the Minister for with a bull or in which silage was being cut. The Community, Rural and Gaeltacht Affairs if he walk manager will have a role in this respect. has held discussions with the Department of Edu- Many sand dunes and machairı´ are in special cation and Science in relation to ensuring that the areas of conservation and are, therefore, vulner- proposed Irish language teacher training centre able. In such circumstances, measures taken in Ballyvourney, County Cork is opened; and if regarding these areas would be subject to advice he will make a statement on the matter. from the National Parks and Wildlife Service. [7727/07] One would not be allowed to damage pristine special areas of conservation. In many cases E´ amon O´ Cuı´v: As I have already indicated to investment is the solution, as was apparent in the the House, I have had discussions with the Mini- national park in Letterfrack where a boardwalk ster for Education and Science on various 1225 Other 28 February 2007. Questions 1226 occasions with regard to the development of an ideas are also in the mix. We should produce a Irish language education centre at Baile Bhuirne, number of proposals for the college. County Cork. Consultations have also taken As I indicated on a recent visit to Re´idh na place between officials of my Department and the nDo´ irı´, none of us would be discussing the future Department of Education and Science with a of Baile Bhuirne, where some of the land in ques- view to progressing this matter. tion has already been put to good use, if we had The Deputy may be aware that officials of my not made the decision to buy the land. It is a Department took part in a series of meetings in decision I never regret because it is an incredibly the Department of Education and Science some valuable property. No matter how long it takes to months ago regarding the matter. These were develop something in that location, the site is attended by senior representatives of U´ dara´sna there to facilitate it. There is no way we could Gaeltachta, Foras na Gaeilge and An Chomhairle purchase it now. um Oideachas Gaeltachta agus Gaelscolaı´ochta. I understand the matter remains under consider- Mr. O’Shea: My understanding is that this ation. However, while my Department continues centre was intended to develop a´iseanna, teach- ing aids, books and so on for Gaeltacht schools, to take an active part in that process, the Deputy scoileanna Gaeilge and any schools within the will appreciate that the issue is primarily one for system that wish to use such material. Am I cor- the Minister for Education and Science. rect in this recollection?

Mr. G. Murphy: As the Minister has been E´ amon O´ Cuı´v: Yes. aware for some time, this issue has created con- siderable controversy in the Ballyvourney area Mr. O’Shea: I receive a significant number of where the former De La Salle college was an Irish representations on this matter. The sod was language school. It has been accepted by those turned for this project by the then Minister for who teach Irish that a special Irish language edu- Education and Science, Deputy Woods, before cation college would be of tremendous benefit to the last general election. Is there any realistic the teaching of Irish. We spend substantial chance the Government will proceed with it? resources trying to ensure as many people as pos- sible speak Irish but the end result is not partic- E´ amon O´ Cuı´v: The Deputy would get more ularly positive. Consistent improvements in useful answers by asking the relevant Minister, teaching methods are required to ensure children who has all the departmental files. My Depart- receive the best possible tuition in Irish and con- ment offered some capital finance to the project tinue to speak the language when they leave but we are only bit players. The Minister for Edu- school. cation and Science could give the Deputy chapter Opening an Irish language teacher training and verse because she has access to all the files. centre in the former De La Salle college would be The Deputy is correct that it was proposed to of tremendous benefit to a Gaeltacht area which provide a national education centre there. people have traditionally visited to perfect their However, it was never proposed to establish a Irish language skills. I urge the Minister to teacher training college. It is a nice idea, however, encourage his ministerial colleagues to ensure and we can convey it to the Minister. this proposed project comes to fruition. Visiting A change came about following the establish- the building recently during a trip to County ment of An Chomhairle um Oideachas Gael- Cork, Deputy Kenny gave a clear commitment tachta agus Gaelscolaı´ochta. Its ideas have influ- that the proposal will be implemented immedi- enced developments. I accept the Deputy’s point ately after a change of Government. that it is time for us to come to a firm decision on what should be done with Cola´iste I´osaga´in. Discussions are ongoing and I hope a decision can E´ amon O´ Cuı´v: Deputy Kenny may not be be made in the near future. Technical issues in aware that there is, as far as I understand, a regard to teacher centres are very much in the cola´iste leanu´ na in Cola´iste Mhuire in Marino. education realm. Such issues are not my direct The proposal is new and interesting and has not responsibility and I would not like to pre-empt been made before with regard to Baile Bhuirne. anything the Minister for Education and Science I suggest the Deputy raise the matter with the might say if the Deputy puts a question to her on Minister for Education and Science. It is the matter. interesting that I appear to receive more ques- tions on this issue than the Minister for Education Mr. Crowe: Is it true that the site in Ballyvour- and Science who has direct responsibility for it. ney was acquired nine years ago? My Department, the Department of Education and Science, U´ dara´s na Gaeltachta and other E´ amon O´ Cuı´v: Yes. bodies are discussing what should be done with the college in Baile Bhuirne. The idea proposed Mr. Crowe: Does the Minister not accept that by the Deputy is interesting and I will mention it our concerns arise from this delay in progressing to the Minister for Education and Science. Other the project? Talk of more consultation and con- 1227 Other 28 February 2007. Questions 1228

[Mr. Crowe.] whether his Department’s allocation of \425 mil- sideration sends out the wrong signals about the lion, or a 6% share of the \7 billion total provided project. There has been major growth in the gael- under the rural development national strategy, is scoil sector throughout the island of Ireland. Per- an equitable share; and if he will make a state- haps consideration could be given to the estab- ment on the matter. [7702/07] lishment of a teacher training centre at Ballyvourney on an all-Ireland basis. I am sure 91. Mr. Gogarty asked the Minister for Com- the Minister is aware of the march that took place munity, Rural and Gaeltacht Affairs when he in Belfast at the weekend concerning issues aris- expects European Commission approval for the ing from the major growth in the Irish language final publication of the Irish rural development in the North. The idea of developing teaching national strategy. [7773/07] aids will have a positive roll-over effect in terms of all-Ireland education. 97. Mr. S. Ryan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will E´ amon O´ Cuı´v: I accept the Deputy’s point. introduce or propose any initiatives for rural However, if a decision were made to establish Ireland in 2007; and if he will make a statement another all-Irish teacher training college, the pos- on the matter. [7705/07] sible location would have to be examined. That is a matter for the Minister for Education and 120. Mr. Sherlock asked the Minister for Com- Science. munity, Rural and Gaeltacht Affairs the initiat- I wish to make clear that Baile Bhuirne was not ives he has planned to come into effect in 2007 to bought for a specific purpose, something that was enhance the narrow economic base of many rural controversial at the time. The property came on areas; and if he will make a statement on the the market and we decided to purchase it. Pro- matter. [7707/07] posals regarding an ionad na´isiu´ nta oideachais came after that. I recall that when the proposal ´ ´ ´ Eamon O Cuı´v: I propose to take Questions to purchase came to me from Udara´s na Gael- Nos. 77, 91, 97 and 120 together. tachta, I wrote a three-page treatise on why it Rural areas will benefit from a broad range of should be bought, even though there was no spec- expenditure under the national development ific purpose for it at the time. plan, including water, roads, sanitary services, The purchase price of £0.5 million seems low housing, regional airports and so on. The national today. For that sum we acquired 40 acres of land ´ rural development strategy is a small element of and a building, on a site adjacent to the Udara´s’s the total rural spend. It sets out national priorities existing industrial estate in Baile Bhuirne. Some for rural development programming over the of the land has since been amalgamated into the ´ seven-year period to 2013 and was submitted to industrial estate and is used by Udara´s na Gael- the European Commission in autumn 2006. The tachta for its industrial purposes. In addition, strategy was broadly welcomed by the Com- some of the land has been made available for mission and, following a period of public consul- sports purposes. We all know the high costs tation, a detailed national rural development involved in securing land for sports facilities in programme, based on this strategy, was prepared local communities. The initial investment has by my Department, working together with the probably already paid for itself and we still have Department of Agriculture and Food. the buildings and most of the land for future use. This programme was submitted to the Euro- I reiterate that the property was not purchased pean Commission at the end of 2006. Officials with the intention of building a national edu- from both Departments are working closely with cation centre there. That proposal arose sub- the Commission to ensure the programme is sequent to the purchase. That is the explanation approved in a timely fashion to facilitate an early for the timeframe of nine years since the site was implementation date. Over the lifetime of the bought. When land became available in the programme, my Department will provide \425 middle of the village of Baile Bhuirne, adjacent million in public funding to support measures to the existing U´ dara´s lands, it was clearly a wise aimed at developing the economic and social move to purchase because it would never come infrastructure of the wider rural community. This on the market again. If we had not bought, there level of funding incorporates 10% of the total EU would probably be houses there now and every- finance available under the European agricultural body would say it was an awful pity we did not purchase it. It is a fantastic State resource and we fund for rural development and represents a sig- must use it wisely and ensure good use for it in nificant threefold increase in support for the rural future. I have no doubt that will happen in time. economy over that available under the current We will continue to work towards that objective. programme, which is now coming to an end. It is important to stress that this programme, while significant in itself, represents only one Rural Development. aspect of an integrated investment package in 77. Mr. Rabbitte asked the Minister for Com- rural areas by my Department. Over the lifetime munity, Rural and Gaeltacht Affairs his views on of the national development plan, almost \400 1229 Other 28 February 2007. Questions 1230 million will be provided directly from the boards cover the State. Everyone has access to Exchequer to support complementary rural development money. initiatives by my Department alone. The CLA´ R Leader companies have been doing good work programme, for example, which is targeted at at the micro level and have enjoyed quite a level supporting small infrastructure projects in rural of success. There was a constraining factor in that areas will attract \141 million over the lifetime of I decided at the beginning to put all of the Euro- the NDP. In addition, the rural social scheme, pean money into Leader-type action instead of which provides community-centred employment spreading it out to CLA´ R and other programmes. opportunities for farmers and fisherpersons, will This year, however, we got a good result in \ benefit from national funding of the order of 214 Brussels which means we will have three times as million over the same period. much funding per annum as we had in the pre- My Department is developing proposals to vious national development plan. establish a pilot night-time rural transport I agree about the importance of the small food scheme, and I hope to make an announcement in sector and we have been working with it. We the coming weeks in this regard. In addition, I have already put in place several measures for the have appointed a co-ordinator for small foods development of countryside recreation. I will con- who has been on a yearly contract for the past tinue to support and enhance such measures in three years. She has done fantastic work and the 2007. sector is growing by 10% per annum. With chang- ing lifestyles and farming methods, it will be an Mr. O’Shea: The question in Deputy Rabbitte’s increasing player. We have emphasised farmers’ name arises from the submission made by Irish markets and they are sprouting up throughout Rural Link to the Coiste um Gno´ thaı´ Ealaı´on, the country. Spo´ irt, Turaso´ ireachta, Pobail, Tuaithe agus We hope to appoint two specialists to support Gaeltachta on the national development plan. small food producers. We must stimulate them One of the points the delegation made was that and we have said to the Leader companies that 59% of the population lives in the areas targeted we see the focus falling on this area next time by the plan. The delegates raised issues such as around because rural recreation and small food the narrow economic base of many rural areas. production interlock. If someone goes to a region I complimented the Minister earlier on the to enjoy the rural recreation, he will want to eat initiatives taken in regard to the outcome of the the food of that region. We will see a concen- report of Comhairle na Tuaithe, as a result of tration on that sort of indigenous development. which ten positions are being created on the Where things get beyond a certain level, however, leisure side. However, it is important to bear in they must go to Enterprise Ireland for support. mind that while there are many people who live I have had other ideas. I was keen on in rural communities and commute to work, we developing sites for micro-industries. Hygiene must always focus on creating economic activity in these areas so that people do not have to go regulations are now very strict and people can no outside their areas to seek employment. Niche longer set up small industries in their kitchens. food products are an example of a market that The costs of buying a site, getting planning per- could be developed. The entry costs for small mission and securing services are very high. I had food industries are higher than for other types of an idea that sites, not buildings, should be ready industry but great potential exists and local raw so that a person can erect a small building. There materials are available. When water and roads are other ideas in CLA´ R areas we should look at. are taken away from the \457 million, however, Unfortunately, despite having worked hard for what is left to broaden the economic base of rural five years, I still have more ideas than there are areas, particularly CLA´ R areas where the popu- hours in the day to implement. We will keep lation is declining? What will this money do to working for the next few weeks and see how improve capacity to extend economy activity and much we can get done. A lot has been done and job creation in rural areas? the sector is well set up. I hope the benefit will be seen in the time to come. E´ amon O´ Cuı´v: The IDA, Enterprise Ireland, ´ the Western Development Commission, Udara´s Mr. English: Fine Gael also has many ideas so na Gaeltachta and the county development hopefully we will have a few hours after the elec- boards all have a remit for rural areas. Often the tion to implement them. IDA concentrates on gateways but the other The Minister said he will shortly make an agencies operate across the State. announcement on night-time rural transport. Will Mr. O’Shea: U´ dara´s na Gaeltachta does not. the Minister investigate the use of vehicles that belong to the Department of Education and E´ amon O´ Cuı´v: It operates in Meath, Cork, Science that are parked at the end of the school Waterford, Mayo and Donegal, the Western day and could be used to save the State money? Development Commission covers the Shannon Perhaps others could be involved locally to fund and western areas and the county development drivers. 1231 Other 28 February 2007. Questions 1232

E´ amon O´ Cuı´v: For many reasons, it would be additional measures he will introduce in 2007 to impractical at present to use CIE school buses, increase the public transport services available to one obvious reason being that most of them are rural residents during evening, night-time and too big to go down the bo´ ithrı´nı´. It is no good weekend hours; and if he will make a statement leaving someone half a mile from his house. on the matter. [6576/07] I want to make transport available to all rural people as it is made available without discrimi- 128. Mr. Callanan asked the Minister for Com- nation to all urban people. There should not be a munity, Rural and Gaeltacht Affairs the way pro- means test or an age test to get on a bus in rural posals are progressing on plans to provide rural areas in the evening. I am considering a transport transport services to counter social isolation in service that will be available to all within the rural areas where market failure has resulted in a catchment areas where there is currently no lack of evening and night-time transport transport service. It might be done by hackneys services. [7604/07] or small buses, many of which would be contrac- ted during the day for school bus runs. E´ amon O´ Cuı´v: I propose to take Questions It is my intention that those who can afford to Nos. 78, 90, 92, 111, 124 and 128 together. pay will pay. For those in rural areas, it is not a As the Deputies are aware, generally in rural refusal to pay that denies them the service, it is areas there are no public transport services at the fact the service is not there at all. If a person night. While in the more developed rural areas wants a hackney, unless it comes 20 miles from there are either hackney or taxi services, these the nearest town, it is not possible. Availability of are totally at the discretion of the providers of transport is the number one priority followed by these services and do not provide a guaranteed pensioners and those with free travel being able service to rural people. There is a need, therefore, to avail of travel in the evenings. It will be com- in rural areas for an evening transport service to munity driven. The shape of the scheme will be allow rural people to fully participate in the var- decided by the RTOs or Leader partnership com- ious activities, community, sporting and social, panies, it will not be driven by vested interests — that take place in their areas and to address the community good will be the hallmark of the market failure that currently exists. service. A youth club that cannot get kids safely The Department is currently developing pro- home has as much of a problem as the person posals to establish a pilot night-time transport who has three pints and would be wiser not to scheme and, in this context, I met with the Mini- drive. The scheme will offer an equality of service ster of State at the Department of Transport, to rural areas compared to urban areas. It will Deputy Gallagher, in late January to discuss the start on a pilot basis. parameters of the new scheme. I have in mind a scheme additional to the existing rural transport Rural Transport Scheme. programme run by the Department of Transport and a small number of areas will be selected to 78. Mr. Durkan asked the Minister for Com- run it over a 12 month pilot period. Where the munity, Rural and Gaeltacht Affairs the extent to pilot schemes will be located is still under con- which he will provide or fund local transport in sideration, as is the question of funding for the rural or urban areas which currently do not have scheme in 2007. such facilities; and if he will make a statement on All services will focus on maximising the the matter. [7722/07] general community good and I am, of course, conscious of the need to ensure that no displace- 90. Mr. Rabbitte asked the Minister for Com- ment takes place of commercially viable existing munity, Rural and Gaeltacht Affairs the funding services as a result of the introduction of the new he will be providing for rural transport in 2007; scheme. Discussions are continuing between the and if he will make a statement on the matter. two Departments and with Pobal, which adminis- [7703/07] ters the RTP on behalf of the Department of Transport, and I hope to make an announcement 92. Mr. Connaughton asked the Minister for in the coming weeks regarding the pilot scheme. Community, Rural and Gaeltacht Affairs his pro- posals for expanding the availability of public Mr. English: When did the Minister have this transport, particularly at evening and night time; idea? and if he will make a statement on the matter. [7729/07] E´ amon O´ Cuı´v: I have evidence in an internal memo that we began consideration of it in 111. Mr. Cuffe asked the Minister for Com- November. On the day this became a major munity, Rural and Gaeltacht Affairs if he will announcement, I was in Na Forbacha and a col- report on progress regarding the planned pilot league issued a statement. TG4 contacted my evening rural transport scheme. [7767/07] office and my initial reaction was that I was very busy and did not have time to do an interview but 124. Ms O. Mitchell asked the Minister for I later changed my mind. I am often asked by Community, Rural and Gaeltacht Affairs the TG4 to do interviews on many issues raised by 1233 Other 28 February 2007. Questions 1234 different groups and I try to accommodate them. Nobody ever asks whether we can have buses in When I was asked about it, I explained, as I have Dublin in the evening or should we do something to the Deputy, that I had been thinking about the else with the money like investing in hospitals. issue and that it needs to be addressed. I spoke Nobody makes such suggestions in the urban con- about the social isolation question. Then the text. There remains a massive mental divide obvious question was asked as to when I would between what people regard as acceptable in make a decision or introduce proposals. I said country areas and what is absolutely basic in an that I could not give a time or date, but in an urban area. aside I said that obviously it would be before the We must, of course, deal with the issue the general election. If I had said it would happen Deputy mentioned, and we are dealing with it. In after the general election, some people would a city people need to travel much smaller dis- have said that I was being too smart by half — I tances as shops and pubs are nearby. However, if would have been accused of doing it by not doing evening transport was discontinued in this city, it. I would have thought that anything being done there would be a hullabaloo. Rural areas face a by a Minister now would need to have been much bigger problem, particularly with regard to moved forward before an election and that is the changes in society, because people are more what caused the great announcement. This matter scattered. When the Government starts to con- has been ongoing for some time and I have the sider the parity issue, we are told there is no need evidence to prove it. as it is not a top priority. As someone who lives in the real countryside, I find it hard to get my Mr. O’Shea: I refer to transport for senior citi- head around it. I will give an example of how sim- zens in the more remote rural areas. Bus E´ ireann ple this can be. may commence a service on a trial basis on a particular route and discover that it does not An Ceann Comhairle: The Minister’s time has work. There is the rural transport initiative. Some concluded. issues are becoming much more urgent in rural areas, particularly regarding the closure of post E´ amon O´ Cuı´v: The Ceann Comhairle will be offices, for example. Wider social aspects are interested in this example. Let us consider a hack- involved. For instance, older people in rural areas ney in Deputy English’s area. For a small who are not very mobile may like to go to town retainer, he is required to bring anybody from for the day, walk around, have a pint, have a meal within a ten-mile radius to anywhere else in that etc. While some people may ask why the State area between the hours of 7 p.m. and 1 a.m. from should provide financial assistance, I believe it is Thursdays to Sundays. He would charge every- part of the State’s responsibility to look after such body apart from pensioners. However, we would people. If on a specific day a minibus went pay him a retainer to prevent him from going to through a particular area and collected people at Dublin on the basis that more money could be their doorsteps and returned them home again, made there in a particular week. That system many more people would avail of such a service. does not need to be very expensive. It would be It would fulfil a very substantial need in rural very efficient and would change the whole quality areas. As the Minister knows, many people live of life in Deputy English’s area, as I am sure he in fear and become quite isolated. Could the would agree. Department of Community, Rural and Gaeltacht Affairs become involved in such an initiative? Rail Network. 79. Dr. Devins asked the Minister for Com- ´ ´ Eamon O Cuı´v: Thankfully, there is no need munity, Rural and Gaeltacht Affairs if the work for that because the Government is already doing funded by his Department for the preservation of it. The Department of Transport does that and the right of way of the western rail corridor from the allocation to the rural transport programme Claremorris, County Mayo, to Collooney, County has been doubled. That programme does exactly Sligo, has been completed; and if he will make a as the Deputy has described — it brings people statement on the matter. [7599/07] to their local town or village and it is locally driven. As the majority of its clientele is non-pay- E´ amon O´ Cuı´v: Line clearance works between ing, it is much more expensive to run than my Claremorris and Collooney, as funded by my idea, which would service a wider spectrum of the Department, commenced in October 2006. A sum community, but still include the targeted group of \5 million has been provided to carry out the the Deputy mentioned. works associated with the preservation of the rail- Whenever a proposal is made regarding rural way line to facilitate its possible reopening at a areas, there always seems to be a better alterna- future date. To date, \1.3 million has been spent, tive. People may propose — something that we predominantly on hedge cutting and cutting back accepted as fundamental when I grew up here in the significant overgrowth on the line. It is envis- Dublin — that there would be a bus in the aged that the works will be completed in evening in a rural area. People may ask why not September of this year, which is in line with the save the post offices or do something else. plan as set out by Iarnro´ dE´ ireann. Works are, 1235 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1236

´ ´ [Eamon O Cuı´v.] ployment situation in Tralee; (4) Deputy O’Dowd therefore, proceeding as planned and in line with — the process by which the location of the pro- the budget and timescale set out at the com- posed new acute hospital in the HSE north east mencement of the process. area will be decided; (5) Deputy Cowley — the situation regarding the number of people on trol- Dr. Devins: I thank the Minister for his reply. leys in Mayo General Hospital; (6) Deputy Olivia Would he agree that the landowners who have Mitchell — the amelioration of nuisance noise in co-operated fully with Iarnro´ dE´ ireann in the residential areas close to the M50 caused by preservation of the railway line are worthy of our traffic; (7) Deputy Walsh — the inordinate delay thanks? Does he agree that the railway line is of in the commencement of work on the affordable vital economic and tourist value to the west and housing scheme at Darrara, Clonakilty, County north west? Will he outline the next stages in the Cork; (8) Deputy Connolly — the recent changes reopening of this important infrastructure? in the nursing homes subvention scheme; (9) Deputy O´ Snodaigh — the failure of An Post to E´ amon O´ Cuı´v: As the Deputy knows, over the deliver social welfare cheques in the Ballyfermot years those who want to knock the project have and Palmerstown areas; (10) Deputy Healy — the always said that if we went to open it we would need for flexibility to ensure that participants are find problems with the right of way or the way retained on CE schemes where they are partaking ´ even though it was owned by Iarnro´ dEireann. in a return to education programme; (11) Deputy The landowners have been magnificent. They Costello — the need for the Government to refer have co-operated with what has been very dra- the European Parliament’s report on extraordi- matic work. It has been amazing to see the rail- nary rendition to a parliamentary committee of way line reappear from the undergrowth. Rail inquiry as recommended by the European Parlia- fencing remains to be erected. I am a great ment; (12) Deputy Morgan — the problems being believer that good fences make good neighbours experienced by vessels sailing in Irish waters and that work is to continue. under flags of convenience; and (13) Deputy Clearance work has already started on the McHugh — the threatened closure of Seamount reopening of the line from Ennis to Athenry. It College, Kinvara, County Galway. is to be completed either next year or early in The matters raised by Deputies Moynihan- 2009. By 2011, it will reach Tuam and on the cur- Cronin, O’Dowd, Connolly and Walsh have been rent schedule Claremorris will be reached by 2014. I would hope that, at that stage, the project selected for discussion. would be such a success that we would then be in a position to continue the line further north. Messages from Select Committees. Another strategic Government decision last An Ceann Comhairle: The Select Committee week makes this more possible with the invest- on Justice, Equality, Defence and Women’s \ ment of an additional 27 million in Ireland West Rights has completed its consideration of the Airport Knock, which will increase the passenger Prisons Bill 2006 and has made amendments numbers through the airport and further justify thereto. reopening the railway line north of Claremorris. The Select Committee on Education and At the rate of progress being made, I would be Science has completed its consideration of the very confident that we will see a second phase to Education (Miscellaneous Provisions) Bill 2007 the western rail corridor and we will see the day and has made no amendments thereto. when passengers can get on a train in Sligo, travel to Galway or Limerick, or get off at Charleston to go to the airport. Once Ireland West Airport Carbon Fund Bill 2006: Second Stage Knock breaches the 1 million passenger barrier, (Resumed). it will need to be supported by other public trans- port. Everything is coming together. Question again proposed: “That the Bill be now read a Second Time.” Written Answers follow Adjournment Debate. Mr. Cregan: Opposition parties tend to criticise the buying of credits. While we are perfectly Adjournment Debate Matters. within our rights to do so, I also believe it is a An Ceann Comhairle: I wish to advise the win-win situation. By buying credits, we are help- House of the following matters in respect of ing to meet our targets and helping emerging and which notice has been given under Standing Third World countries in their development. Order 21 and the name of the Member in each Only in recent months many of us, including case: (1) Deputy Timmins — the assistance being myself, have become converts and realise this is provided by the HSE to the community first a very important issue and one that is being responders scheme in Counties Wicklow and raised on the doorsteps as we go about our busi- Kildare; (2) Deputy Moynihan-Cronin — the ness. People are genuinely concerned. It is need to provide a maternity unit at Kerry important to maintain a balance and that we do General Hospital; (3) Deputy Ferris — the unem- not compromise or stymie economic growth. We 1237 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1238 can be proud of the Government’s track record Mr. Cregan: I compliment the Minister and the of economic growth in recent years. Government who have maintained the balance in I wonder if the Green Party is serious when it regard to economic growth and in dealing with says we should stop building roads and motor- our responsibilities. I encourage the Minister to ways, that enough is enough. We cannot afford continue his efforts because we are moving in the to do that. We have to be responsible and the right direction. Government has been responsible in the whole area of addressing climate change. It is a balanc- Mr. M. Higgins: I welcome the opportunity to ing effort in terms of continuing our economic contribute to the debate. It should be possible in growth, continuing to build our infrastructure an advanced society not to have to make a crude throughout the country, and maintaining and choice between economic development and increasing employment. The Government has environmental responsibility. I was present in held the balance well in dealing with the issue. another capacity at the United Nations con- I have just left a meeting of the Joint Commit- ference on economics and development in Rio de tee on Environment and Local Government Janeiro many years ago when the concept of sus- where the whole issue of emissions and the tainable development was launched for the first carbon fund was being addressed. One contribu- time. One of the images I still have of that experi- tor went so far as to say nothing has been done by ence is of the business council for sustainable the Government and no progress is being made. I development being accorded the status of a state could not agree with that statement. When I by the assistant general secretary of the United spoke earlier I pointed out all the areas where we Nations. At the same time many of the communi- are succeeding in making substantial reductions. ties which were affected by rising ocean levels had no representation. For example, the small The 2007 budget underlines the Government’s atolls and islands, many of them still in the techni- commitment to tackling climate change. A range cal ownership of imperial powers — France, of initiatives were announced or enhanced and Germany, Holland — and the people of Oceania, these will be factored into our calculations of held their press conferences on the Greenpeace emission reductions between now and 2012 and boat. Some of them discussed the issues of sea include a new climate change strategy. These levels rising by a relatively modest amount. They measures include proposals for linking VRT and were the people who had to decide. Some people motor tax to carbon dioxide emissions and for had taken a decision that they would all commit enhanced mandatory emissions labelling; intro- suicide rather than abandon their homes. duction of VRT relief for electric cars on a one- The discussion I remember at that stage was year pilot basis; abolition on excise reductions for that one would always have to strike a balance kerosene and liquid petroleum gas used in home between the views of the most powerful, who heating; extension of the ACI greener homes \ made the extreme demand that nothing should scheme by 20 million between 2007 and 2009; stand in the way of open-ended economic growth expansion of the ACI commercial bioheat and economic expansion, and the most vulnerable scheme to cover the installation of technologies who had little power and were locked into a sim- such as solar panels in commercial premises and ple existence. Matters have changed. I say that for buildings in the non-commercial sector, such because ten years earlier when writing about this as community centres and sports facilities; pro- I had said that those who make the case for an \ vision of an additional 3 million to enable SEI irresponsible and open-ended economic expan- to support small and medium sized enterprises to sion in different parts of our planet have had an assess their energy usage and introduce measures old intellectual history as well. It was Bacon who to enhance energy efficiency; extension of corpor- said, “I lead to you Nature and all her children in ation tax relief for investment in renewable bondage for your use”, and again as nature, “We energy for a further five years; new establishment must gouge out her secrets”. We have moved on. grants for willow and miscanthus bioenergy crops; There is a moment at the beginning of empire introduction of support of \80 per hectare for and at the beginning of expansion of colonisation qualifying energy crops, in addition to EU sup- and at the beginning of international greed and port of \45 per hectare; and grant aid support for capitalism in which nature and environment are biomass harvesting machinery. That is a litany of perceived as entities that can be mined for their enhancements and new initiatives that will cer- possibilities in terms of consumption. We have tainly play a part in further reducing our green- moved on and the current atmosphere is one in house gas emissions. It is another example of which there is far greater responsibility in evi- where we are keeping the balance I mentioned dence both in governments and in communities. earlier. Hands off our jobs — we cannot afford to Often the debate is about the how of responsi- lose our jobs in west Limerick or in any other bility rather than whether people should be part of the country. responsible. This is welcome. It is worth reflecting on that period from which An Ceann Comhairle: The Deputy’s time has we have come. I suggest, certainly in the dis- concluded. cussions that led to the adoption of Kyoto and 1239 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1240

[Mr. M. Higgins.] environment and causing damage that would not the discussion which is beginning on what will be rectified for millions of years. People from the succeed it, this is one in which there has not yet larger parties were very quick to take advantage been a full acceptance of the principles of interde- of that. I acknowledge that there was a price to pendency, that is, these North-South divisions be paid. I paid it because I lost approximately which are primitive divisions in relation to econ- 1,000 votes for defending the bogs and putting a omic structures, nor has there been a sufficient limit on sheep that were turning hills and moun- acceptance of the principle of mutuality. It is still tains into slurry pits. Frankly, I know who is the case that those with the least power with the involved on whose side and on what issues in most vulnerable ways of life are those most respect of conservation of bogs and peat. It is all affected. If one was to look at the communities history. Thankfully, the wisdom of the people was that are most deprived of rights on the planet such that I was able to survive this irredentist and they are probably the Bedouin peoples who live irresponsible challenge. in the atolls which I mentioned. There is also an In respect of what is facing us in discussing an insufficient acceptance of the principle of equality issue like this, the issue is not really one as to which is difficult to define in this discourse and whether it was possible to purchase carbon cred- this argument. It is not acceptable to those who its under the Kyoto Protocol. Let us not waste are at an earlier stage of development and mov- our time on that because it is there. That is a ing out of less than sufficiency. They will argue reality. The issue is what the fact that we are that they are entitled to push themselves through doing so tells us about our responsibility in the stages of growth that were enjoyed by respect of the situation we now face. We have a developed economies. Therefore, any reasonable challenge and opportunities. How have we met version of equality in regard to carrying the bur- them? Given that we are purchasing carbon cred- den of interdependent responsibility must require its — I assume that we are talking about the price of developed economies that they carry the per tonne quoted by the Minister if provision is greater part of the burden. to be made for \270 million — it is difficult not Lurking behind all of this is a debate that has to conclude that if the price goes up, the figure not taken place sufficiently, that is, the debate on that will be required of the taxpayer will be far the connection between science, technology and more than this and could, in the period of time society. It is regretted that the great capacities of referred to, end up being three or four time’s technology in producing efficiency and responsi- that figure. bility of an environmental kind have not been To be fair, as I have previously said, no one is applied to the degree they might have in regard arguing that the Government is doing something to the developed economies. A factor that must that was not ever envisaged in respect of the also be borne in mind is that international agen- treaty. One can talk until the cows come home, cies associated with development, such as the but if we were 13% above our 1990 greenhouse International Monetary Fund and the World gas emissions level and were at 26%, we must ask Bank, often speak about models of development ourselves whether—— that are examples of bad practice in respect of An Ceann Comhairle: The Deputy’s ten developing countries that have a long distance minutes have concluded. to go. Turning to the specific issue of the purchase of Mr. M. Higgins: I did not realise I had only ten carbon credits, we must work at our own partner- minutes. I will conclude by saying that all parties ship at home in respect of the relationship going into a general election where, thankfully, between elected representatives and this issue is being treated with appropriate con- 4 o’clock the public. When I was a Minister in cern should commit themselves to a timescale for Cabinet, I recall the difficulties that being carbon-neutral. We should commit our- ensued following my introduction of special areas selves to giving such credits as will give genuine of conservation. If there is one point on which I incentives to people, for example, through green must differ from the Minister, it is the issue of tax credits, to apply the technology and be com- bogs. I am in a position to know much about bogs prehensively responsible. The fact that we are and votes. Some of the Minister’s colleagues in going down this road is somewhat of a confession Cabinet are also in a position to know about bogs of bad performance and we need to do very much and votes, in so far as they set out to undermine more and bring the people with us. everything I was doing in respect of the protec- tion of bogs. Mr. Crawford: I welcome the opportunity to It is a fact that never at any stage did I outlaw say a few words about this very important legis- the use of turf cutting with traditional methods. I lation. Some of us possibly did not realise how went into it in detail. I did not even outlaw the serious this issue was, but it is clearly emerging as hopper that might be used in a bog so everyone’s one of the major issues in world affairs. I suppose lungs were safe. What I did outlaw was the turn- those who saw the recent film, “An Inconvenient ing of bogs into soup through the use of sausage Truth”, produced by the former US vice pres- machines that were effectively destroying the ident, Al Gore, realise just how serious the issue 1241 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1242 is. I enjoyed the fact that at the start of his speech, by car. The same is true of people travelling from the Minister said that what is being done is not Cavan and Donegal. People in most other coun- interfering with growth. Some of the devel- ties have an opportunity to travel by train but we opments that have taken place in agriculture, do not. When approaching Dublin, one meets the such as those relating to the nitrates directive and M50. If one has to go anywhere else but the city, other issues, will, in the long term, certainly be one has to use that road. I do not understand why proved to have created major problems as far as there is no provision of park and ride facilities to growth is concerned. If ever there was a case reduce the significant number of cars on the M50 where this Government mishandled the situation, whose engines are just ticking over and emitting this is one that will prove in the future that more great quantities of fumes. The majority of these thought needs to be put into these matters, which cars could be parked at a facility adjacent to the should and must be dealt with in time. Time will M50 and buses could travel between there and prove that procrastination certainly cost the farm- the city using bus lanes and ensuring less ing community and industry enormous potential congestion. for the future. A train line is still in place from Dublin to Fine Gael policy on this issue is very clear. We Navan and Navan to Kingscourt. While a park will legislate in Government to compel all fuel and ride facility in Kingscourt may not be the retailers to blend bio-fuel with fuels such as location of choice for a rail link from Cavan or petrol, diesel and home heating oil. We would south Monaghan, it would be a step forward. The remove all excise duty on bio-fuel products from infrastructure is already in place and only needs renewable energy crops. In practice, this would to be restructured. One of my former colleagues mean that producers would not have to pay excise investigated the possibility of creating a rail link duty on bio-fuels, the knock-on effect being that from Monaghan town to Portadown to connect it consumers would enjoy cheaper fuel at the with Dublin. These are the type of options we pumps. need to consider in light of what is required. In that context, I, as a member of the British- Fine Gael has no objection, in principle, to pur- Irish Inter-Parliamentary Body, visited Scotland chasing carbon allowances as part of our national in the not too distant past to look at its efforts to climate change strategy. We recognise that taking produce alternative fuels. On Monday of this a tonne of carbon out of the atmosphere has the week, we travelled to Donegal to see some wind same effect, irrespective of where it takes place, farms. We also visited the farm of John Gilliland, and that it can be more cost effective for rich the former president of the Ulster Farmers’ countries to subsidise carbon reduction in Union. Our visit to Mr. Gilliland’s farm, which developing countries than to achieve them has been turned over to bioenergy, was eye-open- domestically. ing. The personnel who showed us round are However, we oppose the Bill on the following obviously very enthusiastic about this issue. Mr. grounds. The Bill comes in advance of the prom- Gilliland told us that he and others had lobbied ised review of the national climate change our Minister, who is from Donegal and to whom strategy, which the Minister, Deputy Roche, he has easy access as Donegal is just across the announced last June, but over which he is ditch from Derry, to bring in the proposals for obviously still dithering. No doubt, he is nervous planting this year’s crop of bio-fuel or alternative of the electoral implications. We therefore have energy sources. Unfortunately, this was not no idea of the likely balance between domestic announced until last week when there are only a actions and international carbon allowance pur- few days left to make decisions on it. As a result, chases the Government is proposing. thousands of acres, and in Mr. Gilliland’s case, It is important that domestic actions account possibly approximately 3,000 acres, will not be for a much greater proportion of our climate planted this year when they could have been change strategy than has been the case hereto- planted if the proper strategy had been used. fore. Even putting aside the moral or ethical We can all talk about these things, but unless question of whether it is right to buy our way we do them in a proper, constructive way, it will entirely out of our environmental obligations, certainly not happen. I heard the Minister’s col- there is a more practical concern. Early and league, Deputy Cregan, talk about forestry. I excessive use of the carbon allowances and other remember when there was no money in this coun- “flexible mechanisms” is creating a fool’s para- try or, at least, when we were only getting off our dise by allowing us to delay the difficult policy knees. In 1996, we planted 25,000 hectares, but decisions that inevitably lie ahead. We will not be we are only planting about half of this. able to afford to buy our way out of our obli- gations indefinitely. Mr. Roche: Hen harriers. Without publication of the climate change strategy review, it is impossible to have confi- Mr. Crawford: We need to walk the walk rather dence in the Government. Although the first than just talk the talk. Cutting down is something national climate change strategy was published in we can do in fairly simple ways. When we leave 2000, few of the concrete domestic measures it Monaghan we have no other choice but to travel proposed have ever been adopted. Even tweaking 1243 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1244

[Mr. Crawford.] carbon emissions. That is utter nonsense. Every vehicle registration tax, VRT, to reflect carbon country has decoupled economic growth from its dioxide emissions has been deferred until next carbon emission growth figures. To hide behind January at the earliest — a full eight years later that hollow statistic shows how empty is the than originally proposed. This has no doubt Government’s position. prompted a surge in the sales of SUVs and other In the period from 1990 to 2000, this country larger cars this year. One of the aspects of the saw a growth in its carbon emission levels of budget that annoyed me most was the post- 140% while the comparable average figure for ponement of the introduction of such a measure Europe was 25%. until after the general election. We have dithered for years over introducing Mr. Roche: That is completely false. higher energy efficiency standards for new homes, with the result that more than 200,000 Mr. Boyle: The Minister should read yester- were built to the old standards. I cannot help but day’s newspaper. The Irish figure was 140% and think of Mr. McCaughey, the former owner of the European average was 25%. Century Homes who is now involved with Kings- pan Century. He has preached on this issue on Mr. Roche: That is a completely false figure. many occasions. Mr. Boyle: The Minister did not deny it yester- Mr. Roche: He is hardly a very impartial day when it appeared in the newspaper. observer. An Ceann Comhairle: Deputy Boyle should be Mr. Crawford: I recently read a four page allowed to speak without interruption. article in one of the construction magazines where he put forward his case for the construc- Mr. Roche: I will deal with it in due course. It tion of timber frame homes rather than concrete. is a completely false figure. Whether we build with concrete or timber frame, we must make absolutely certain the utmost Mr. Boyle: The Minister will not deal with this effort is made to minimise the use of oil or other statistic; in the past year alone, transport emis- fossil fuels. sions have increased by 7%. I recently got a strong reaction to the price of gas and oil when canvassing a housing estate in Mr. Roche: They are transport emissions. my good friend the Ceann Comhairle’s own town. The housing estate in question is completely Mr. Boyle: They have added to the increased dependent on gas. Some of the less well-off figure at which we find ourselves. We have people living in that estate find the extraordi- reached 25% when we are meant to be at 13% narily high price of gas to be of major concern. over 1990 figures. The reality is the statistics are Other people to whom I spoke complained about going in the wrong direction. It will not suit the the price of oil. This matter must be addressed. Minister, even though he might choose to do it, to reinvent statistics to his own liking. Ireland is Mr. Boyle: The Bill before the House is an the sick man of Europe when it comes to environ- illustration of the hollowness of the Govern- mental policies. Above all other countries, we ment’s policies towards the environment. It were given an allowance that permitted us to underlines the empty rhetoric in which the exceed 1990 levels when the Kyoto Agreement Government engages, in terms of indulging in came into force. Despite that buffer zone, we “green speak” and not undertaking one inch of have chosen to exceed it by double the figure. green action. The reality is the Government has That is even before we get to the faulty math- decided to renege on any responsibility towards ematics underpinning the Bill and the money put our global environmental responsibilities. There aside by the Minister for Finance in the recent are things we can and should be doing and are budget. The Bill is based on a premise that the choosing not to do. Those parties which are cur- price of these credits will be linked to the price rently in Government have decided there is a pol- of carbon, which currently stands at \15 per itical price to pay for that. However, there is a tonne. We know from experience that the greater political price to pay for doing nothing. increase in the price of oil, which will go upwards As with most issues, especially those relating to in the future, will mean a continuous increase in the environment, the general public is far ahead the cost of carbon credits. Due to the Govern- of general political thinking in this area. What we ment’s failure to deal with carbon emissions, we must do is take bold measures to put in place also know the amount of tonnage for which we initiatives that will change the drastic nature of will have to buy credits will be substantially all the negative statistics on climate change. The increased. The \100 million accounted for in this only argument offered by the Minister for the Bill, the \270 million accounted for by the Mini- Environment, Heritage and Local Government to ster for Finance, are pathetically low figures that date is that, as a country, we have managed to will be exceeded many times when the final bill decouple our economic growth from the rise in is due. 1245 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1246

That money could be used more productively. embrace these matters. The public is aware of the I hope it will be when there is a necessary change consequences of doing nothing. of government to implement the measures that The argument made by the Minister and the should be introduced, such as a national insu- single colleague who has contributed to this lation programme and measures that transfer debate is that the purchase of carbon credits is spending from the roads budget to public trans- development aid for developing countries. This is port. The two speakers the Government parties incorrect. It is a shameful and nauseating argu- have decided to provide for the debate — a figure ment after the developed world has created the that demonstrates the depth of Government con- problems with which the developing world must cern — put forward the incorrect argument that live. It is the depth of political plurality to suggest the Green Party will cease building all roads in that this is the way out of a mess created by the Ireland. Last year, we spent \6 on roads for every Minister. He had the means to introduce bold \1 on public transport. Unless we correct the measures but has almost always chosen a differ- balance, the upward trend in statistics, with a 7% ent route. His building regulations, the use of cav- increase in transport emissions, will increase ity blocks and his attempt to stymie the attempts incrementally. of Du´ n Laoghaire-Rathdown to set the highest We have heard the hoary old arguments about possible standards are examples. The Minister decoupling economic growth from carbon emis- and his Department wrote that letter and he sion growth. At the same time, the two speakers should not deny it in this House. He stymied the from the Government parties protest that to attempt to set the highest possible energy move any faster is to risk economic growth. The efficiency standards in Irish buildings. Minister cannot have it both ways. He cannot boast he has decoupled economic growth from Mr. Roche: That is untrue. carbon emissions growth while stating that he would risk economic growth if he was to take any An Ceann Comhairle: If Deputy Boyle measures to tackle climate change. It is a fal- addresses his remarks through the Chair, he lacious argument but that seems to be his might not invite interruptions. The Minister practice. should allow the Deputy to continue without interruption. Mr. Roche: I hope Deputy Boyle does not run Mr. Roche: The Chair knows how untrue is from the Chamber after making his contribution Deputy Boyle’s statement. because I wish to respond. Mr. Boyle: Regarding emissions trading stan- Mr. Boyle: I will be here for the Minister’s final dards, the Minister had an opportunity to make a contribution because this is one of the worst Bills statement on how the production of concrete, one the Minister has produced. of the main building materials, should be viewed. A company in Dublin produces environmentally Mr. Roche: That is unusual for the Green friendly cement. The Minister could have chosen Party. 1990, the year the Kyoto Agreement is based on, as a baseline for the introduction of the emissions Mr. Boyle: Anything the Minister states will be trading scheme. The company producing environ- to the benefit of the Green Party’s because we mentally friendly cement has been operating to will contest the general election on his record, the these standards for several years. When the Mini- mess he has created and presided over as well as ster’s standards were introduced, traditional, his solutions, which are nothing more than face- highly carbon intensive forms of cement were saving exercises on the part of the Government. given an economic advantage over environmen- In the next 12 weeks, the fag-end of the Govern- tally friendly cement. I have no confidence that ment, the Minister and his colleagues will intro- the Minister is able to make the right choice, has duce a number of strategy documents intended to an appreciation of the scale of the problem or review documents of the past. These will include that the Government is willing and able to reviews of the national spatial strategy, the implement the necessary measures. The proof of climate change strategy and the White Paper on that is the ten years of Government that has energy. brought this level of failure. This is a Government These documents will be an indictment of the that has failed completely and does not have the Government’s failure to address this issue over confidence of the public. It will not be rewarded ten years. They are all man˜ana promises. The at the general election for its failure. Government should be ashamed of itself and it will pay a political price for its negligence in this Mr. Roche: Deputy Boyle should have the area. The initiatives must be bold, forward-think- courage to stay and hear my answer. He is run- ing and consider matters beyond the lifetime of a ning out as usual. Typical of the Green Party. single electoral cycle. The Minister does not have the nerve to do that and his party and this Mr. Boyle: I will return at 6 p.m. to hear the Government do not have the political courage to Minister’s final response. 1247 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1248

Ms C. Murphy: I wish to share time with Mr. Roche: He knows something about the Deputy Connolly. developed world. The National Treasury Management Agency, NTMA, was successful at managing the national Ms C. Murphy: In the medium term when debt, a fact no one disputes. However, the fact people question why so much is taken from their that this agency takes responsibility for carbon taxes and there is a mismatch between policy and credits and this is not connected to ecological delivery, they will look back on this debate as a concerns demonstrates that it is seen as an econ- shameful approach to a serious issue on which we omic matter rather than an ecological one. could have done much better. We are taking the easy option by buying our way out of responsibility in the short term. It will Mr. Connolly: Carbon dioxide emissions are a cost us a fortune in the medium term if this serious problem, caused by the energy we use approach continues. We are dipping into the through our dependence on cars, home heating, pockets of the taxpayer rather than taking the aircraft, manufacturing, animals etc. The taxpayer lead. The public is far ahead on this matter but will foot the bill if we do nothing about our emis- still requires leadership. I recall a profound state- sions. I noted the spat between the Minister and ment to the effect that leadership is about Deputy Boyle about Du´ n Laoghaire-Rathdown delivering loss. There was an opportunity to County Council’s initiative which I understood accept this loss because the public is genuinely would, or would try to, operate tighter regu- concerned with the survival of the planet. We can lations than the national standards. Any builder do much better than this and we should give the who gets permission for more than ten houses lead to the developing world rather than using it must achieve a 40% increase in energy efficiency, as a crutch. The row over a paltry 200 buses that a 40% reduction in CO2 emissions, and provide were to be delivered late last year and early this 20% of water heating from a renewable source. year ended with 100 postponed until a later date. That is a commendable way for any council to go, One would not think Ireland had a major trans- if that is the way it is going. Other councils should port crisis. We are also needlessly emitting major take a leaf out of its book. This is the way amounts of carbon. We could do better and this forward. demonstrates the lack of connection between the Anybody building a house for re-sale should Government’s policies and its delivery of these have to meet this type of standard too, otherwise policies. there is a temptation to cut corners and insulation The situation regarding the concrete block and heat retention values would suffer most in a industry is similar. It was bailed out at the commercially built house. There is a company in expense of the unfortunate homeowners who will Doohamlet in County Monaghan which won a not have the required standards. It will cost these prestigious award at the Plan Expo 2005. It has people more to heat their homes and the houses produced a system which can be installed in any will be worth less in the future because they will house, old or new, and will heat water from a not meet the required standard. It was a shameful renewable source. It heats all domestic water decision to bail out the industry. The “O Lord, from heat usage in the house, including body help me to be pure but not yet” approach was heat, collecting it at the highest point in the house taken in delivering the Government’s policy. and converting it to heated water. It is more efficient and cheaper than solar panels, costing Mr. Durkan: St. Augustine. only \3,500 to install as opposed to \8,000 for Ms C. Murphy: There are many good measures solar panels, and there are no construction costs in Transport 21 but it is also short-sighted. In involved. Sustainable Energy Ireland, SEI, sees Kildare North, there will be commuter services the benefit of the system but does not recognise from Maynooth to Dublin city centre and Hazel- its value and will not grant-aid it as it will solar hatch to Dublin city centre in ten years’ time. At panels or several other similar efforts, which is a that point, when one tries to board a train in pity because that type of enterprise should be Sallins or Kilcock one will find that only the peak encouraged. time service is of the standard it should be in a We should also consider the development of “commuter belt”. If we had a policy of encourag- the passive house, a term which has not entered ing people to use public transport we would take our vocabulary yet. Such houses exist in Germany a ten year approach rather than simply solve where they are insulated to such a degree that \ today’s problems. they require very little heat, costing maybe 2 per Deputy Cregan said this is a “win-win week. That comes from insulation and the re-use situation” for developing countries. That is an of heat within the house. We should examine this appalling statement. type of system. There is also a solar roof tile system. We must Mr. Roche: It is what Kofi Annan said at the use natural resources in a way that does not con- conference in Nairobi. tribute to our carbon emissions problem. We have a very high dependence on gas, petrol and Mr. Durkan: Yes, but look where he is now. so on but there are ways to reduce that. We do 1249 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1250 not make enough use of the wind power available suited in terms of sunshine and the length of the at sea. There are also geothermal systems that growing season, transport it by air or sea to this would help to reduce our emissions. County country and then burn it. That is daft and illogi- councils have an obligation to lead the way, for cal. It is obviously better, and will contribute to example, by using geothermal heating in groups achieving our obligations under Kyoto, to grow of ten houses. They should try not just to meet and burn the product at home, rather than grow- standards but to surpass them, using the standard ing it elsewhere, bringing it to this country and as a minimum not a maximum. doing nothing about our carbon footprint. I have a problem with the concept of grant- There are plenty of experts on this issue, all of aiding burning devices for houses, such as pellet whom point out the dangers and problems, and burners. Part of the grant should be given to their magnitude. Few of them, however, come ensure that people insulate their houses fully. forward with precise answers to address the prob- There is no point creating cheap heat in a house lems. We must first address the question of the if we let it fly out the roof. We do not make so-called carbon footprint. That is easily done but enough use of insulation grants. These existed in if we do not do it in our home country, we are the past and I ask the Minister to consider grants not fulfilling our obligations. All we are doing is for insulating homes because they can provide divesting ourselves of responsibility and telling excellent value for money. County councils other countries that, since they have not used the should use new housing systems and ways to same amount of fuels and not produced the same reduce emissions. amount of greenhouse gases, we will trade with them and both countries can continue as they Mr. Durkan: I am glad to have an opportunity were. That does not address the issue. to say a few words on this Bill, as it comes within It also does not address the issue of import sub- the general remit of my own area of responsi- stitution, which is particularly important. Security bility. The concept of carbon trading is highly of supply is vital. We are well aware that energy questionable. The Minister does not agree with imports into this country are subject to fluctu- this but I strongly contest the view that it ations in world markets and to the political atti- improves the lot of poor countries and allows tudes that prevail throughout the world from time developing countries to press ahead. It does not to time. These can change dramatically. confront the issue that needs to be confronted, Obviously it is important that we think in econ- reducing the amount of carbon that we disperse omic terms with regard to production of the fuel into the atmosphere, and getting to grips with glo- and to fuel substitution. We will not solve the bal warming. If scientists say vociferously that we entire problem in one fashion or another, but by have serious problems it is imperative that we act developing various means of substituting our cur- to address those problems. Failure to do so is neg- rent fuel import levels, thereby creating security ligent. Putting off until tomorrow what can be of supply and economic independence, which is done today is not the way to go about this. I vital. accept there is no single way to address this The debate we have heard over the past year situation adequately. The Minister cannot come or 18 months has been well intentioned in some up with one suggestion that will totally solve the cases but, in other cases, the Government has problem. The energy area requires various contri- responded in a panic-stricken fashion. It has butions, producing bio-fuels, generating alterna- grabbed at every straw, and suggested ways and tive electricity methods and so on. The easy way means out of the situation which merely reflect out if there is sufficient funding is to buy credits poorly on the Government’s inaction over the but that does nothing for this country’s carbon past five years. If we had reacted five years ago footprint. it would have been much easier to put in place An amazing theory is beginning to develop. We the measures that would bring us into line with have scrapped our sugar beet industry, although Kyoto requirements. Targets were set ten years the industry has not been completely scrapped in ago and we failed to reach them. Now we are the United Kingdom or France, both of which are going off on a tangent and buying what we can also in the European Union. This leaves an open- when we have the money to buy it. However, if ing for ethanol production but this is banned this economy and the world economy take a under the agreement in the CAP reform. I cannot downturn, this flash buying and the big talk about understand the logic behind the notion that it will the millions we will spend on carbon trading and be more efficient and effective to import our so forth will quickly fade. ethanol from Brazil, Argentina, Australia or else- It would be good policy on the part of the Mini- where. That is rubbish. Obviously it would be far ster to follow Fine Gael’s policy, which was the better to grow the fuel and trap the carbon at first policy enunciated. It was put down on paper home, and then release into the atmosphere a at least a year before the European Commission’s carbon neutral product. That is not being pro- and the Government’s proposals. We probably posed. The current proposal is that we should did the right thing because it gave the Govern- engage in a new atrocity whereby we import it ment time to read, digest and copy it. Fortu- from countries which, it is alleged, are better nately, the Government copied most of it. I well 1251 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1252

[Mr. Durkan.] Mr. Gormley: I thank the Minister. When one understand why. The main reason is that the looks back at what the party has said over those policy is realistic, futuristic, progressive and years one can see that it has been vindicated. I attainable. In addition, the Government had not hope our time has come. I recall the debate about exactly broken the sound barrier in preparing its Moneypoint, when we spoke about the problems plan so our policy was a welcome sight. The with sulphur and CO2. A gentleman from the Government grabbed the opportunity with both ESB stood up at a public meeting and said that hands. I am sure the Ceann Comhairle was as sur- wind energy here would never work. He said the prised as I was because usually the Government entire county would have to be filled with wind is hugely independent of the Opposition and slow turbines and that it was off the wall. I do not to copy it. However, I welcome this change. We believe it is off the wall. I recall being on the Gay are obviously succeeding when others wish to Byrne radio show 17 years ago discussing the emulate us. environment and climate change. Gay Byrne was There is also the issue of joined-up government more concerned with fridges being dumped at thinking, which means getting the various rel- Howth but I said he should be more worried evant Departments involved. I welcome the pro- about CO2. While it is invisible and odourless, it posal from the Minister for Finance regarding the had to be explained to people that it is one main abolition of excise duty on specific amounts of cause of global warming. It was a difficult concept home produced plant energy. However, there is to get through to people. A long period has considerable room for improvement. It is possible elapsed since then and yet nothing has been done. to double the target without difficulty, and that With educational television programmes on glo- supply target will be met. Every litre and gallon bal warming being broadcast nearly every night, produced locally serves the ends I referred to people are beginning to grasp what is going on. earlier. Seventeen years ago, we did know about global One of the arguments put forward in favour of warming. NASA had produced its first studies importing bio-fuels is that the amount of trans- showing that climate change was happening and port required here in the creation and distri- even attributed it to human activities. I do not bution of the bio-fuel would negate the purpose understand these claims that it is only now it has of the exercise. Carbons would get into the been discovered it was due to human activities. atmosphere as a result of the transportation of We have known it for so long yet successive the fuel throughout the country. How is it Governments failed to act. When I was Lord intended to distribute the imported fuels through- Mayor of Dublin, the official car I ordered was out the country? Will they be blown or flown run on biodiesel which was scoffed at. People across the country? Will they be distributed by have changed their perceptions since then. balloon? Is there some other means of transpor- The latest edition of New Scientist claims global tation for the distribution of such fuels that I have warming and its consequences may even be worse not yet espied? I should have made that point than originally believed. The last thing we want earlier in my contribution. I cannot believe that to do is panic people and give rise to an atmos- argument. phere of despair because people feel helpless. However, that argument has another agenda. People must, however, realise the situation is Every issue nowadays is surrounded by agendas. dangerous and must be acted upon. People are The agenda in this case is getting more interesting beginning to make the connection between as time goes by. The Government has allowed the strange weather conditions and global warming. situation to get so bad that something must be The whole coastal area of Dublin is vulnerable to done in a hurry. The Government failed to recog- flooding. My constituents in Ringsend have had nise the problem and take action in time. It now recent experience of flooding and for the first believes the only action to be taken is the fire time are asking if it is linked to global warming. brigade one of indulging in carbon trading. This At the time of El Nin˜ o, I claimed on “Morning will get us over an emergency but the Govern- Ireland” that it may have something to do with ment could have done many other things a great global warming. I was told that it was irrespon- deal sooner, which would have been far more sible to make such a connection. Increasingly, effective. It would not then have been obliged to however, we have to make such a connection to engage in carbon trading. The Minister for Fin- make global warming tangible and real for ance could have kept the money and not made people. The problem must be traced back to provision for carbon trading if the Government people’s lifestyles and individual responsibility. had done its job properly. This morning I explained to a group from St. Louis High School how the carbon fund would Mr. Gormley: I was told by somebody this work and how Ireland would buy carbon credits afternoon that the Green Party is an idea whose from less developed countries. They were quite time has come. I hope the Minister will agree with shocked that we intend to buy our way out of a that. The party is 25 years in existence—— problem, instead of being reasonable and cutting our carbon emissions. If the Minister had acted Mr. Roche: Happy birthday. early on the Green Party’s sensible policies in this 1253 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1254 regard, we would not find ourselves in this bind. bulbs. That is an example of a practical measure The cost of the buy-out will not be \270 million. that could be introduced. Instead, before anyone knows it, it will be up to Vested interests, however, are at work in this \700 million. This is not an alarmist figure. The area. When Lord Mayor of Dublin, I visited the Minister can spin all he likes about the decoup- then Governor of California, Pete Wilson. At the ling of economic growth from our emissions time there was an exhibition of ZEVs, zero emis- graph. The Taoiseach interestingly now uses the sion vehicles. When I congratulated the governor green lingo and buzzwords. He will be the next on this, he informed me that it was not the future. Al Gore the way he is going but it is not backed Reformulated gasoline was the future and the up by any action. Al Gore has a problem with his electric car went by the wayside. The website own carbon footprint if I am to believe what we www.whokilledtheelectriccar.com highlights the read in the newspapers. role played by the automobile industry and the The Minister must examine fiscal instruments Exxons. These, and the ESB, are the interests the in tackling our carbon emissions. Deputies Minister must face up to when examining how the Eamon Ryan and Boyle explained on the Vincent country can be greened. Until a few eggs are Browne show how a carbon levy can work. broken to make an omelette, it will never happen. Domestic tradeable quotas — carbon trading on a domestic level — must be introduced to ensure Mr. Eamon Ryan: The last year has seen an we are all responsible for our carbon input. If tar- historic transformation in mankind’s understand- gets are set, our Kyoto Protocol responsibilities ing of climate change, for which various people will become achievable. Is the Minister going to deserve to be commended. Al Gore made a large simply dismiss the idea of a carbon levy? He contribution in the positive manner in which he cannot dismiss it anymore. It is frankly irrespon- presented this issue as a moral one and one for sible for any party to claim we cannot afford to individual choice. His book, An Inconvenient introduce a carbon levy and a domestic tradeable Truth, the film of the same name and the sub- quota. Those days are gone. sequent debate around it played a large role in I note from today’s The Guardian that the Brit- this transformation. Sir Nicholas Stern’s report ish Chancellor, Gordon Brown, was attacked by had a fundamental effect by setting out very Ryanair because he had the temerity to introduce clearly and simply the science as well as the a further tax on aviation fuel. The Minister knows economics. such levies must be introduced. It makes no sense Other events last year very important to me that someone going to Paris for a weekend by personally were the climate change negotiations aeroplane can travel more cheaply than someone in Nairobi, the 12th conference of parties to the going to Cork by train. Kyoto Protocol, COP, and meeting 5 o’clock of parties to the United Nations Mr. Roche: There was agreement on that Framework Convention on Climate matter at last week’s European Council meeting. Change, MOP. I thank the Minister for allowing me to attend as part of the Irish delegation. I sat Mr. Gormley: It is a no-brainer. Anyone can in the chamber with the advance working group see it makes no sense. examining the next stage of the Kyoto Protocol and where we go after 2012. Mr. Eamon Ryan: According to The Irish I had a strong sense, based on a fair under- Times, the Minister had earlier opposed such a standing of the issue gleaned from many years’ development. reading, that those negotiations were the most Mr. Roche: The Deputy should not believe historic to have occurred in the history of man- everything he reads in The Irish Times. I was a kind. I cannot understand how one could describe strong supporter of the move at the Council them any differently when one considers the scale meeting. I did not read or write the article in The of the consequences that scientists now tell us are Irish Times. possible if we do not address climate change. In that hall were some very impressive people, and Mr. Gormley: It is supposed to be the news- the European Union delegation did us all proud paper of record. by taking a strong position and saying it would play its part by setting a target to achieve a 20% Mr. Roche: It used to be. reduction by 2020, afterwards moving to a reduction of at least two thirds from 1990 levels, Acting Chairman (Dr. Woods): Deputy since that is the scale of response needed from Gormley without interruption from either side of developed countries. The Japanese Ambassador the House. also impressed me greatly with his passion. However, others depressed me. It is a cliche´, Mr. Gormley: Practical measures can be intro- but that was perhaps to be expected from the duced. Cuba, an impoverished country, decided Saudi delegate. However, I was also concerned at that in three months every household, business the response from the Chinese and Indian del- and Government office would have long-life light egates. Leaving the room, I felt that it was full of 1255 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1256

[Mr. Eamon Ryan.] will decide whether mankind goes over a tipping bureaucrats. There is nothing wrong with being point and creates runaway, catastrophic climate a bureaucrat or ambassador, but ultimately they change that will truly threaten its future on the could not take a strong stand unless mandated to planet. Sir Nicholas Stern’s report was superb in do so by their political leaders, which is only right how it showed in one simple graph what happens and fair. I also consciously understood that for with various temperature increases. If there is a those political leaders to address the issue 1° Celsius increase, we lose the coral reefs. In the seriously we must go to them as individuals Andes, cities such as Lima, with 11 million people throughout the world and express our concern at in the middle of a desert and dependent on gla- the issue, asking them to lead so that our coun- ciers for water may no longer have it. What do 11 tries can set an example and take tough decisions. million people do in a city in a desert with no We need them to represent us and do their best. water? The Stern report clearly illustrates the Unless we have public movement and demand science, suggesting that a 2° Celsius rise could of politicians that the issue be taken seriously, mean our losing half the species on the planet. that will not happen. While the science has been That may seem simple on the page, but how can evident for the last 20 or 30 years, the political we comprehend the scale of losing 50% of spec- will has not been present. As a result, nego- ies? Are we willing to allow that to happen? That tiations have been weak. Fundamentally, this is change is relatively small and does not lie in the important to us all as individuals, whether in the distant future. Da´il or outside. It is up to us to set out the frame- The urgency is apparent, and the scale of the work within which we wish to act and behave. reaction is substantial. The EU has taken a lead, An aspect of the Stern report that I very much and I commend it on its target of a 30% commended, something that has changed within reduction. I hope we succeed in getting the the last three or four years, is the scientific know- Chinese and the Americans pulling the same way. ledge of the consequences. The matter is compli- We must be honest about this. If this country is cated, and it is difficult to be certain, but feed- to achieve even a 20% reduction, which is not as back mechanisms in climate change are of real high as I would like, we must go from a situation consequence. Scientific colleagues have said over where we are 25% above our target and adding the years that positive feedback mechanisms such 2% per annum to 20% below in less than 13 as cloud formation might help us. I commend years. That is a quantum change. Does the Mini- them on making a valid argument. ster disagree? However, it is increasingly clear that there are several feedback mechanisms that really ratchet Mr. Roche: Yes, and I will deal with that in up the scale, importance and urgency of the issue. my response. Scientists are very clear on them. They have become apparent only in recent years, but they Mr. Eamon Ryan: It is of fundamental import- are causing increasing alarm. One of the earth’s ance. I do not believe we will have an opt-out in great lungs, the Amazon rain-forest, may change the same way as previously. I do not believe we very quickly as the local climate and precipitation will be able to go to the international community change in response to more general climate and ask it to excuse poor Ireland, since we are change, killing off the rain-forest within a matter no longer poor. We are one of the world’s worst of years. That would release untold quantities of polluters and have an even greater obligation to carbon dioxide into the upper atmosphere, thus achieve the reductions of 3% per annum that I creating runaway climate change. believe necessary. If we look beyond 2020, we will The Siberian tundra is a vast area of frozen bog require reductions of 70% to 80%, meaning that peatland whose vegetation has not decayed prop- even the 20% target is only the start. erly, meaning that methane is trapped. Scientists Let us consider where we are going. Sus- have valid concerns that it may melt as the planet, tainable Energy Ireland produced an excellent particularly the northern part of the northern document looking forward and plotting trends to hemisphere, warms rapidly. That would release a 2020 under current Government policy. It will be quantity of methane that could trigger runaway relatively accurate, since the shifts are fairly long- climate change. Scientists are increasingly saying term. Rather than a radical decrease, it predicts that by the middle of this century we will not have a further radical increase of 30% in our energy an Arctic ice-cap, and its loss will further heat the emissions. We must turn this country around on planet, since we will lack its reflective capacity. a dime in the same way the United States of Most recently, scientists have expressed real con- America was turned around at the start of the cern that our oceans, which have been soaking up Second World War. half of our carbon dioxide emissions, will no Everything must change, but when I say we longer be able to do so, since they will have must review the roads programme and spend become saturated. more on public transport, the Ta´naiste and Mini- Those feedback mechanisms make this such an ster for Justice, Equality and Law Reform, urgent issue. It is not now a question of what we Deputy McDowell, questions how we might poss- do over the next 50 or 100 years. The next decade ibly discuss it. I ask how his party or its coalition 1257 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1258 partner can even mention climate change when were dispelled at that stage. Mr. Nicholas Stern they are unwilling to consider setting a course to spoke at that conference, which was organised by address it. It would have positive effects for the the French president, and had also spoken in country, since the current roads-based system is Nairobi. Another speaker was Mr. Yvo de Boer, not working. However, on the individual moral executive secretary of the UN conference on tack alone, that level of new thinking is required climate change. All three of them made the point if, in a decade, we are to play our part in that the flexible mechanism in the Kyoto Protocol preventing the planet tipping into irreversible could be used to huge positive effect. Before any long-term catastrophe. Members of this House turn their minds irrevo- I will return to Al Gore. Our job as leaders is cably against it, we should think that through. not to scare people or make them feel guilty. We Deputy O’Dowd said we should not turn against are far from paragons of virtue, and Al Gore may it but should use it where it is logical to do so. have been burning too much carbon in recent That is precisely what I am proposing to do. years. However, I forgive him, since he has done I was amazed by Deputy Michael D. Higgins’s a very successful job highlighting the issue of failure to grasp the benefit to the developed where we go from here. None of us is perfect, but we are all faced with a moral choice, particularly world that could flow from the proper and moral use of the flexible mechanism. We all believe that political leaders, who must take this country in \ the right direction. it must be channelled correctly. The 40 million worth of credits that the Government has pur- Minister for the Environment, Heritage and chased so far has been done in a moral way Local Government (Mr. Roche): I thank through the ERBD and the World Bank. It is Deputies for their many interesting contributions, appropriate that those mechanisms should now some provocative and some grotesquely inaccur- be focused in a fashion that delivers real benefit ate. I will address the last point made by Deputy to the countries that do not have our environ- Eamon Ryan, since I nodded many times while mental pollution problems because they do not he spoke. Several points can be made. The have the energy resources that are available to us. Nairobi conference was one of those life-chang- A discussion arose from the Nairobi con- ing events. It was in the right place because the ference about how some people’s lives were impact of global change was all around. The cries dominated by the search for sticks to burn in from African and other developing nations, stoves for heating and cooking purposes. The including Vanuatu, could be heard there. The flexible mechanism can be used as a hugely liber- Deputy is quite right in that respect. I also agree ating influence in their lives. That is why Kofi with the Deputy’s second point — that it is not Anna specifically called for it. It would be a bad really an economic issue but one of moral impera- mistake for us to say that the mechanism can tive, which should inform our views and never be used. responses. I want to address the issue of carbon purchas- A number of Deputies referred to purchasing ing mechanisms. The Deputy will recall that at credits as a simple way of buying out. The reality, that conference, Kofi Annan made what I however, is that purchasing credits is part and thought was an astonishing contribution, calling parcel of the bulk of EU member states’ national for action to support Africa in particular. He said allocation programmes. Countries with good that the flexible mechanism in the Kyoto agree- environmental records and good relations with ment could be used to positive moral effect. He the Third World, such as Denmark and the also said it could be used properly to help the Netherlands, have indicated that they will developed nations of the world to be much more develop programmes for purchasing credits. It is ambitious and progressive, and not to be con- therefore foolhardy of us to say that we will not cerned about any economic impact at home. take that route at all. I agree that we must focus on correcting Mr. Eamon Ryan: But not as our only matters here and I will come back to that point response. in a moment. I wish to take up a couple of points that Deputy Gilmore made during his contri- Mr. Roche: I agree with the Deputy saying bution. He talked about fines and penalties total- “Not as our only response”. ling \750 million and continuously misrep- resented the purchase of credits. That is to his Mr. Eamon Ryan: It is our only response. discredit because I do not think he is unaware Mr. Roche: It is not Ireland’s only response and that what he is saying is inaccurate. If he were to the Deputy knows that as well as I. Two or three think the matter through correctly he would see weeks after Kofi Annan’s remarks, 600 scientists the error of his ways. produced their report on climate change at a con- I will make a couple of specific points because ference in Paris. They unequivocally placed on time is running out. It would be wonderful if we the record exactly where we are going on climate could have a more flexible debate on this subject change. If there were any doubts about it, they because we need it. 1259 Carbon Fund Bill 2006: 28 February 2007. Second Stage (Resumed) 1260

Mr. Eamon Ryan: Could the Minister come to Mr. Boyle: It is a fallacious argument because the point about the target of minus 20% or 1990 they have all decoupled. The Minister cannot levels? hide behind that statistic.

Mr. Roche: I am coming to that and will deal Mr. Eamon Ryan: On a point of order, is the with it now. Last week, at the Council of Envir- Minister indicating that Ireland will get a separate onment Ministers, I indicated that we would deal that will not require us to meet the minus actively support the 20% target. In fact, I had 20% target? indicated thus at the Nairobi conference, as the Deputy knows. I also indicated that we would Mr. Roche: That is the point I am getting to. actively support Europe’s target of minus 30%, That is a valid question as opposed to the sleight which should be the post-Kyoto target for the of hand we were getting from the Opposition world. I accept the European Union’s view that side. There will be a burden-sharing agreement Europe itself cannot correct this issue. That is on that 20% basis. One does not simply take 20% why we supported the 30% figure, which is the or 30% and reduce the existing 13% plus figure way we should go, as well as the 20% figure. I by that much. If it is 20% it will bring us back to the 1990 figures. I can let the Deputy have the respectfully inform the Deputy that his calcu- note on this matter, which includes the calcu- lation is incorrect. As he said, we are currently lations. It is a fair question and that is the answer 24.5% or 25% above 1990 levels. It is a fact that to it. the Irish economy has grown by 150%, although Deputy Boyle likes to dismiss this reality. Acting Chairman: The Minister may wish to provide some other notes also because under an Mr. Boyle: I did not. Order of the Da´il of last December his time is up. He should wind up please. Mr. Roche: Perhaps the Deputy could listen. Very few developed countries, particularly in the Mr. O’Dowd: Sla´n leat. OECD, have grown by anything like 150% in that period. Mr. Roche: I wish we had more time for contri- butions on all sides. In his film An Inconvenient Mr. Boyle: They have all grown. Truth, Al Gore said there is not a single, silver bullet solution. I am pleased that most people Mr. Roche: The Deputy is quite correct to say here recognise that. I am not pleased, however, that they have all grown. that most Members made rather specious argu- ments dismissing the huge benefits that can flow Mr. Boyle: There is no connection. from using the flexible mechanism. The purchase of carbon credits is incorporated as part of the Mr. Roche: Can he name one of the EU 15 Kyoto agreement and is supported by people whose economy has grown by 150%? such as Al Gore and Kofi Annan. It is also sup- ported by the EU Commission and countries that Mr. Boyle: The growth does not matter. The signed up to the Kyoto Protocol. It is logical principle is the same. therefore that we should support it too.

Mr. Roche: The Deputy has failed the test. Question put.

The Da´il divided: Ta´, 63; Nı´l, 51.

Ta´

Ahern, Dermot. Devins, Jimmy. Ahern, Michael. Ellis, John. Ahern, Noel. Finneran, Michael. Andrews, Barry. Fitzpatrick, Dermot. Blaney, Niall. Fox, Mildred. Brady, Johnny. Gallagher, Pat The Cope. Brennan, Seamus. Grealish, Noel. Browne, John. Harney, Mary. Callanan, Joe. Haughey, Sea´n. Carey, Pat. Jacob, Joe. Cassidy, Donie. Keaveney, Cecilia. Collins, Michael. Kelleher, Billy. Coughlan, Mary. Kelly, Peter. Cregan, John. Kirk, Seamus. Curran, John. Kitt, Tom. de Valera, Sı´le. Lenihan, Brian. Dempsey, Noel. Lenihan, Conor. Dempsey, Tony. McEllistrim, Thomas. Dennehy, John. Martin, Michea´l. 1261 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1262

Ta´—continued

Moloney, John. O’Malley, Tim. Moynihan, Donal. Parlon, Tom. Moynihan, Michael. Power, Peter. Mulcahy, Michael. Roche, Dick. Nolan, M. J. Sexton, Mae. O´ Cuı´v, E´ amon. Smith, Brendan. O´ Fearghaı´l, Sea´n. Smith, Michael. O’Donnell, Liz. Treacy, Noel. O’Donoghue, John. Walsh, Joe O’Donovan, Denis. Wallace, Mary. O’Flynn, Noel. Wilkinson, Ollie. O’Keeffe, Ned. Woods, Michael. O’Malley, Fiona.

Nı´l

Boyle, Dan. McManus, Liz. Breen, James. Mitchell, Olivia. Broughan, Thomas P. Morgan, Arthur. Burton, Joan. Moynihan-Cronin, Breeda. Connolly, Paudge. Murphy, Catherine. Costello, Joe. Murphy, Gerard. Crawford, Seymour. Naughten, Denis. Crowe, Sea´n. Noonan, Michael. Cuffe, Ciara´n. O´ Snodaigh, Aengus. Deasy, John. O’Dowd, Fergus. Durkan, Bernard J. O’Keeffe, Jim. English, Damien. O’Shea, Brian. Enright, Olwyn. O’Sullivan, Jan. Ferris, Martin. Penrose, Willie. Gilmore, Eamon. Rabbitte, Pat. Gormley, John. Ring, Michael. Healy, Seamus. Ryan, Eamon. Higgins, Joe. Ryan, Sea´n. Higgins, Michael D. Sherlock, Joe. Hogan, Phil. Shortall, Ro´ isı´n. Howlin, Brendan. Stagg, Emmet. Kehoe, Paul. Stanton, David. McCormack, Pa´draic. Timmins, Billy. McEntee, Shane. Upton, Mary. McGrath, Paul. Wall, Jack. McHugh, Paddy.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. Government as a priority for legislative reform. Our aim is to ensure such policy reflects the trad- Carbon Fund Bill 2006: Referral to Select ing methods and practices of a modern economy Committee. and the law is updated and strengthened accord- ingly. In fulfilment of these aims the Consumer Minister for the Environment, Heritage and Local Government (Mr. Roche): I move: Protection Bill provides for the establishment on a statutory basis of the National Consumer That the Bill be referred to the Select Com- Agency, the transposition into national law of the mittee on Environment and Local Govern- unfair commercial practices directive and the ment, in accordance with Standing Order rationalisation and updating of the existing body 120(1) and paragraph 1(a)(i) of the Orders of of consumer law. It also updates and significantly Reference of that committee. strengthens the law on pyramid selling. The Consumer Strategy Group was strongly of Question put and agreed to. the view that a new agency should be established with a robust and expanded mandate to protect Consumer Protection Bill 2007 [Seanad]: Second consumer welfare and represent the interests of Stage. consumers. The group recommended that the new agency should have specific statutory func- Minister for Enterprise, Trade and Employ- tions in areas of consumer advocacy, research, ment (Mr. Martin): I move: “That the Bill be now read a Second Time.” information, enforcement and education and awareness. All these functions are provided for in The development of national policy in the area of consumer protection has been identified by the the Bill. 1263 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1264

[Mr. Martin.] tions for persons who report offences to the Following publication of the group’s final National Consumer Agency. report in May 2005, I established the agency on Before summarising the main provisions of the an interim basis in June 2005 and appointed a Consumer Protection Bill, I pay tribute to the board and interim executive chairperson to work of the Office of the Director of Consumer immediately begin putting in place the infrastruc- Affairs over a period of almost 30 years. It has ture of the new organisation. Owing to this had an almost exclusively enforcement based immediate response, the agency will be in a posi- function and consumers have much cause to be tion to hit the ground running when the Bill is thankful for the protection afforded by the office enacted following its passage through the over those years. The experience and expertise Oireachtas. built up over that time will not be lost but will The Bill includes provisions allowing the new transfer to the National Consumer Agency and agency to be a forceful advocate of the con- become part of the much expanded remit of the sumer’s case in public debate. These provisions new organisation. are designed to ensure the new agency will rep- In regard to the text of the legislation I would resent consumer interests within the policy mak- be pleased to expand further on any particular ing arena, thereby ensuring that the promotion of aspect of the Bill in replying to this debate and I consumer welfare is brought to the forefront of welcome the contribution of all Members of the the national agenda. House in that regard. Part 2 provides for the The agency shall also conduct, commission and establishment of the new National Consumer publish research on consumer issues. This reflects Agency. Many of the provisions of this Part the strong view of the Consumer Strategy Group impose standard corporate governance type that well-founded research is an essential pre- powers, duties and obligations on the agency and requisite to enable the agency to act as a vigorous its staff. Within this Part, section 8, which sets out advocate for consumers. By being well informed, the agency’s functions, is key. The agency will the agency will be in a position to debate issues have a general function of promoting consumer from a position of strength. It will also promote welfare and will be responsible for investigating, public awareness, conduct public information enforcing and encouraging compliance with con- sumer law. campaigns and promote educational activities and initiatives. The aim and intention behind this shift The agency is given specific functions in advis- ing and making recommendations to the Govern- in consumer policy is to empower consumers, ment and Ministers on any policy or legislative make them better informed as to their rights and proposal impacting upon consumers. It is empow- allow them to be more assertive in exercising ered to recommend new legislative proposals to those rights. Ministers and will be entitled to submit recom- The Bill incorporates important statutory pro- mendations to any other public body regarding tections for consumers by outlawing a wide range any matter impacting on the welfare of con- of unfair, misleading and aggressive commercial sumers. A statutory power of this sort is practices. In this respect, the Bill transposes the important in ensuring that the views of the agency European Union’s unfair commercial practices are afforded the status they deserve in the policy directive and updates and modernises our exist- making process. ing national consumer protection code. A total of The National Consumer Agency will promote nine consumer statutes are repealed and the development of alternative dispute resolution replaced, the oldest of which dates back to 1887. procedures as a means of resolving disputes aris- This new body of law will ensure consumers ing out of consumer transactions. Increasingly, can have confidence that they will be treated such arrangements are seen internationally as an fairly in their commercial dealings with traders alternative to expensive court proceedings. The and the relationship between consumers and section also makes the agency responsible for traders will be based on fairness and respect. To carrying out the functions previously exercised by enforce these statutory provisions the agency will the Director of Consumer Affairs and transferred inherit the enforcement functions of the Director to the agency by section 37. of Consumer Affairs but will also be armed with Section 9 allows the Minister to consult the a number of additional and novel enforcement agency on proposals for legislation aimed specifi- options. In addition, the Bill provides for signifi- cally at consumers. This section obliges the cant penalties for traders found guilty of offences agency to keep existing consumer protection under the Bill. I will deal with these enforcement legislation under review and to submit to the provisions in detail in a few moments. Minister and other Ministers appropriate pro- Specifically, the Bill will ensure the National posals in regard to such legislation. Consumer Agency has all necessary powers to Sections 10 to 13, inclusive, relate to the actively enforce the statutory protections appointment of the members and chairperson of afforded consumers and aggressively pursue the agency and set out the procedures in regard those traders who do not comply with their obli- to meetings of the agency and the manner in gations. The Bill further provides specific protec- which it shall carry out its business. Sections 14 1265 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1266 to 17, inclusive, provide for the appointment and may be accompanied by members of the Garda certain terms and conditions of employment of Sı´ocha´na when engaged in such enforcement the chief executive officer of the agency. For activities. example, the section prohibits a former chief Sections 31 and 32 relate to the circumstances executive, for a period of 12 months after he or in which confidential information, including she ceases to be chief executive, from acting as a information relating to the commission of consultant or taking employment where he or she offences, may or may not be disclosed by the is likely to use or disclose information acquired agency. The agency is, for example, permitted to in the performance of his or her functions as chief disclose such information to, and receive such executive. The chief executive will be obliged to information from, certain prescribed bodies, give evidence before Oireachtas committees. including other enforcement agencies. Section 20 obliges the agency periodically to Section 35 allows for the transfer to the agency prepare and submit to the Minister strategy state- of existing staff of the Office of the Director of ments and annual work programmes. It is critical Consumer Affairs. These staff are currently civil the State and the taxpayer attain maximum value servants employed by the Department of for money from the resources employed in pro- Enterprise, Trade and Employment. At any time tecting consumer interests. Thus, section 21 pro- within 24 months after the establishment of the vides that the agency shall enter into co-operation agency, they may opt to return to the Department agreements with other public bodies to be pre- and preserve their Civil Service status. There will scribed by the Minister. The purpose of such be no change to their terms or conditions of agreements is to facilitate co-operation and avoid employment. duplication of activities while at the same time Sections 37 to 39 provide for the effective permitting consultation and joint studies and transfer of functions, property and agreements analysis involving the agency and those other vested in the Director of Consumer Affairs to the bodies that are parties to such agreements. agency on establishment day. This will allow for The inclusion of these provisions will also the smooth transition from one public body to enable the agency to provide a strong consumer another without any interruption in the public voice to complement the work of the various sec- services provided. toral regulators and to question their decisions if Part 3 of the Bill focuses on prohibiting a wide they are seen to act against the interests of con- range of unfair, misleading or aggressive trading sumers. Copies of co-operation agreements must practices. This part also transposes the EU’s be made available to the public. I intend to con- unfair commercial practices directive. The aim of sult with other Ministers before prescribing any the directive is to harmonise the laws of EU other bodies in accordance with these arrange- member states and provide a high level of con- ments, but I envisage that existing sectoral regu- sumer protection. Consumers will enjoy similar lators will be among the bodies so prescribed. levels of protection for purchases made through- Section 22 requires the agency to provide the out the European Union, while business will Minister with a copy of its annual report and that benefit from having a common framework of such reports be laid before the Houses of the rules instead of a host of disparate national regu- Oireachtas. Section 23 obliges the agency to keep lations. Studies undertaken by the European proper accounts and to submit its accounts for Commission show that Irish consumers make audit to the Comptroller and Auditor General. higher levels of cross-border purchases and that Copies of the accounts and of the Comptroller Irish business has higher levels of cross-border and Auditor General’s report shall be presented sales than the European Union average. The har- to the Minister, who shall lay copies of them monisation effected by the directive will, there- before the Houses of the Oireachtas. fore, benefit both consumers and business in Sections 25 to 29, inclusive, provide important Ireland. administrative powers and obligations in regard This part introduces several new elements to to the staffing of the agency and the conduct by Irish consumer law. Ireland, for example, is one it of its business. This includes, for instance, pro- of the few EU member states that does not have visions in regard to the disclosure by board a general legislative clause dealing with fair and members of beneficial interests, and the power of unfair trading towards consumers. Section 41, the agency to recruit consultants, have a seal of which gives effect to the general prohibition of office and borrow money. unfair commercial practices contained in the Section 30 provides that the agency may directive, fills this gap in our consumer protection appoint authorised officers for enforcement pur- code. It provides that a commercial practice is poses. Authorised officers employed by the unfair where it is contrary to the general principle Office of the Director of Consumer Affairs who of good faith in the trader’s field of activity or were appointed under the Consumer Information the standard of skill and care that a trader could Act 1978 will be transferred to the new agency. reasonably be expected to exercise towards con- The section sets out the powers of authorised sumers. The main advantage of a general clause officers to enter, inspect and search premises in of this type is that it can be used to combat novel investigating alleged breaches of the Bill. Officers commercial practices that are not covered by 1267 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1268

[Mr. Martin.] ties in grocery retail outlets and the prevention of specific provisions in consumer legislation as well persons from reading prices. These provisions are as practices that are consciously designed by based on provisions in existing domestic con- unscrupulous traders to fall outside the scope of sumer legislation which still have a useful role to such legislation. play. Sections 42 to 45, inclusive, prohibit misleading Before discussing sections 59 and 60, which commercial practices. These provisions have deal with the fixing of maximum prices during a some elements in common with the provisions of state of emergency affecting the supply of a prod- the Merchandise Marks and Consumer Infor- uct, I will refer to the extensive range of other mation Acts on false and misleading trade price-fixing powers being repealed by this Bill. descriptions and advertising but are broader in The Prices Acts 1958-72 confer seven separate scope. The sale of a house or other property, for powers on the Minister for Enterprise, Trade and instance, is outside the scope of existing domestic Employment to fix maximum prices. The only consumer law but is included in this Bill. one of these that is being retained is that dealing Section 46 provides that the omission of with emergency situations. The Consumer material information to consumers is a misleading Strategy Group recommended the repeal of the practice. This is not expressly provided for in our price control provisions of the Prices Acts, and current legislation and is a useful addition. this view is supported by the Competition Auth- Section 48 allows the Minister to make consumer ority, the Office of the Director of Consumer information regulations to specify certain infor- Affairs, and the National Consumer Agency. mation that should be provided to consumers in Our experience with price controls, particularly specified transactions. The section is broadly in the period from the mid-1970s to the mid-1980s similar to the provisions of the Consumer Infor- when extensive recourse was had to them, mation Act on marking and advertising orders. strongly supports the view that they are an Sections 50 to 52, inclusive, relate to aggressive entirely ineffective way of restraining prices. commercial practices and bring a further new Emergency situations can arise, nevertheless, in element in our consumer protection law. Aggress- which normal competitive forces do not apply. It ive commercial practices are defined as practices is prudent to make provision for such circum- involving harassment, coercion or undue influ- stances. Factors such as the volatility of oil sup- ence that impair consumers’ freedom of choice plies, the increased likelihood of extreme weather and affect their purchasing decisions. They events and the lengthening of supply chains for include pressure sales tactics that seek to intimi- many products underline the need for such a date or coerce consumers, and practices that seek provision. to take advantage of consumers who are vulner- Section 60 amends the provision at section 16 able by virtue of misfortune or circumstance. of the Prices Act 1958 by providing that orders The practices described in the foregoing fixing maximum prices during such a state of sections are prohibited only in circumstances emergency should be made by the Government where they would be likely to cause the average and not by the Minister for Enterprise, Trade and consumer to make a transactional decision that Employment. I include this provision to empha- he or she would not otherwise make. The inten- sise the exceptional nature of these powers. tion behind this test is that a practice should not Part 4 deals with pyramid schemes. It replaces be regarded as unfair, misleading or aggressive the Pyramid Selling Act 1980, which has proved unless it impinges on consumer decisions. ineffective in dealing with modern manifestations Section 53 contains an extensive list of com- of pyramid selling. It also expands considerably mercial practices that are prohibited in all circum- on the relatively brief provision on pyramid stances. These are not subject to the same trans- schemes in the Unfair Commercial Practices actional decision test on the basis that they are Directive. It prohibits participation in pyramid deemed of their nature to impair consumer schemes as well as the establishment, operation decision making in all cases. These practices or promotion of such schemes. It also seeks to include prize promotions where there is either no close off the loopholes in the existing law that the prize or consumers must make a payment in promoters of these schemes have exploited by, order to claim a prize, false claims that products among other things, seeking to depict payments can cure illnesses, false claims that a product or to the schemes as “gifts”. trader has an endorsement or authorisation or The penalties for offences relating to pyramid that a trader is about to cease trading or move schemes are also being increased to a fine of up premises, and persistent unwanted cold calling. to \150,000 and a prison term of up to five years. While some of these practices might well have Pyramid schemes are insidious and exploitative been covered by the provisions in our existing and I am determined that the law should take a legislation, others possibly were not. It is helpful tough approach to those who promote and par- to have them dealt with by means of clear and ticipate in them. specific prohibitions. Part 5 deals with civil and criminal enforce- Sections 55 to 58, inclusive, relate to price dis- ment. Under existing law, the Director of Con- play regulations, the provision of weighing facili- sumer Affairs has effectively just two ways of get- 1269 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1270 ting businesses to comply with their legal secure effective enforcement of consumer law by obligations. The director could use his or her means other than going to court, this should be influence to seek voluntary compliance from done. traders or could take legal proceedings against Many businesses spend a great deal of money them. Although the Act gave the director power building a reputation for themselves and their to seek an injunction against misleading practices, products. Bringing to public attention the names such injunctions could only be obtained in the of traders who breach consumer legislation can, High Court, a factor which made them a difficult therefore, be a powerful sanction and a compel- option in the great majority of cases. ling incentive to compliance. This is particularly The efforts of successive directors and their so for large businesses for which fines may rep- staff to secure voluntary compliance with con- resent a negligible sanction. Thus, section 80 per- sumer legislation have achieved a great deal over mits a court, on the application of the agency, to the years and will continue to be an important require a trader convicted of a number of speci- part of the work of the NCA. Modern regulatory fied offences to publish, at his or her expense, a thinking, however, emphasises the need to corrective statement in respect of the facts relat- provide enforcement bodies with a wide and flex- ing to the offence. ible range of powers and sanctions to secure com- Section 84 requires the agency to maintain a pliance with the law and, where necessary, to list of traders convicted of criminal offences, sub- ensure that those who flout it are dealt with ject to court orders, giving an undertaking, served firmly and effectively. Thus the Bill makes pro- with a compliance notice, or subject to a fixed vision for a number of intermediate steps, which payment notice and to publish this list at any time may be used before taking legal proceedings and in any form it considers appropriate. against an errant trader. A further element of this part of the Bill to Section 71 provides that where the agency con- which I draw attention is the enhanced provision siders that there is a case for seeking an injunc- made for redress for consumers. Section 72 gives tion or prohibition order against a trader in consumers aggrieved by a prohibited act or prac- respect of a prohibited act or practice, it will have tice a right of action for relief by way of damages the option of accepting a written undertaking against the trader who has committed the act or from that trader containing whatever terms and practice in question. In some cases, it is sufficient conditions the agency considers appropriate in that a practice detrimental to consumers is halted the circumstances. If the trader subsequently fails whether as a result of civil or criminal pro- to comply with the terms of the undertaking, the ceedings. In cases, however, where consumers agency may then apply for a prohibition order. have suffered loss or damage as a result of such Section 73 similarly provides that when the an act or practice, it is right that they should have agency considers that a trader has engaged in pro- an opportunity to seek redress for that loss or hibited activity, it will have the option of serving damage. a compliance notice on the trader concerned directing him or her to remedy the prohibited act Section 80, to which I have already referred, or practice. If the trader does not appeal the further permits a court to require a trader con- notice, it takes effect within a specified period. victed of an offence under the Act to pay appro- Failure by a trader to comply with the terms of a priate compensation to a consumer who has suf- compliance notice is an offence and may lead to fered loss or damage as a result of the offence. the taking of criminal proceedings against him Such a compensation order may be instead of, or or her. in addition to, any fine or penalty the court may These provisions have clear advantages for the impose on the trader. agency, which will have new options for dealing Part 5 provides for tougher penalties, partic- with traders where costly and time-consuming ularly for repeat offenders. Section 77 maintains \ recourse to the courts may not be necessary. It the maximum fine of 3,000 for summary convic- \ has advantages for traders who are given the tions and 60,000 for convictions on indictment. opportunity and incentive to correct their behav- However, the section also provides for a iour and comply with their obligations without maximum fine of \5,000 for a subsequent sum- having to face court proceedings. However, busi- mary conviction for the same offence and of nesses that enter into undertakings with the \100,000 for a subsequent conviction on agency, or accept compliance notices served by it, indictment. and then proceed to ignore the terms of those The section also provides for additional penal- undertakings or notices will face legal pro- ties for continuing contraventions by persons con- ceedings and whatever sanctions may result from victed of offences. It is right to penalise more those proceedings. heavily those traders who repeatedly breach the Section 83 will permit the agency to impose on- law. A substantial part of the overall detriment the-spot fines on traders for offences relating to suffered by consumers, results from the activities price display. This is in line with a recommend- of a small number of hard-core transgressors and ation of the consumer strategy group and again these should be a particular target of enforce- reflects the view that, where it is practicable to ment action. 1271 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1272

[Mr. Martin.] Section 96 amends the Hallmarking Act of Part 6 introduces a number of miscellaneous 1981 to take account of the repeal of the Mer- provisions. Section 85 provides protection to chandise Marks Act 1887. Sections 97 and 98 people who report breaches to the agency and is, provide important additional powers to the in effect, a whistleblower clause. Sections 86 and agency in the enforcement of product safety regu- 87 give recognition to codes of practice drawn up lations. They will allow it to request the customs by traders or groups of traders, allow the agency authorities to detain products until their conform- to approve such codes and for the provisions of a ity with product safety rules can be determined. code to be admissible in court proceedings. The changes will also facilitate admissibility of Section 88 allows the agency to issues guidelines laboratory tests carried out in other jurisdictions. to traders and consumers alike in regard to the I will introduce a number of amendments on practicality of transacting business. Committee Stage. These will be mainly of a tech- There is one non-consumer provision in the nical nature, although others will serve to Bill. Section 94 amends the Industrial Develop- strengthen the protections afforded to consumers ment Act 1993 to give retrospective effect to an under the Bill. Principal among these will be a assignment of powers made by Forfa´s to IDA group of amendments to provide a role for the Ireland and Enterprise Ireland on 26 May 2006. Financial Regulator in enforcing the provisions of The assignment of powers is being made retro- the Bill in the financial services sector. The pro- spective to 25 July 2003, the date the Industrial visions of this Bill apply to all sectors of the econ- Development (Science Foundation Ireland) Act omy and offer protection to consumers whether 2003 came into effect. they are buying a loaf of bread or taking out a This provision is necessary because the 2003 mortgage with their local bank. Act consolidated provisions dealing with employ- Deputies will be aware of the role of the Finan- ment grants that had been included in the 1986, cial Regulator in protecting the interests of con- 1991 and 1993 Acts. As a consequence, a new sumers in their dealings with the financial services assignment of powers to the agencies to make industry. As the regulator has particular expertise employment grants under section 25 of the 2003 in the sector, it is not reasonable to expect it Act was necessary. However, this assignment was should be replicated within the National Con- not made until 26 May 2006, with the result that sumer Agency. Traders in the financial services the agencies were acting ultra vires in approving sector are subject to an administrative sanctions employment grants in the period between 25 July 2003 when the 2003 Act was commenced and 26 regime that includes the role of the Financial May 2006. The Attorney General has advised Services Ombudsman. The ombudsman is an that primary legislation is necessary to make the independent statutory complaints officer with assignment of powers retrospective to 25 July power to award compensation to consumers who 2003. While any potential financial liability aris- suffer damage as a result of their dealing with ing for the State on foot of the delay in assigning regulated financial services providers. It is pru- the powers is judged to be minimal, any potential dent to ensure that the prohibitions contained in risk should be closed off by introducing the neces- the Consumer Protection Bill are brought within sary validating legislation at the earliest that regime in so far as the financial services sec- opportunity. tor is concerned. Section 95 amends the Casual Trading Act Bearing in mind what I have said, I have 1995 to allow the Minister to introduce statutory decided in consultation with the Minister for Fin- guidelines for local authorities in regard to the ance that it would be prudent to provide that the issuing of casual trading licences. The consumer Financial Regulator should have strategy group was strongly of the view that a lack 6 o’clock parallel powers to the agency when it of consistency on the part of local authorities in comes to enforcing, in the financial this regard significantly inhibited the growth of services sector, the prohibitions on unfair com- casual trading thereby effectively restricting con- mercial practices as set out in the Bill. The co- sumer choice. The group specifically recom- operation agreement between the agency and the mended in its report that the Minister should be regulator will ensure proper consultation and empowered to issue statutory guidelines obliging transparency in the exercise by the two regulators local authorities to apply a consistent approach of their respective powers in that regard. when granting casual trading licences. I will also introduce provisions to prohibit dis- The Department issued non-statutory guide- crimination against consumers on grounds of lines on this matter to local authorities in July method of payment and to allow the National 2005 and again in July 2006 with a view to their Consumer Agency to promote quality assurance being implemented on a voluntary basis. Should schemes among traders. These provisions arose it be that the voluntary guidelines do not bring from proposals by Senators Cox and Coghlan in about a more consistent approach by local auth- the Seanad and I will table amendments on Com- orities, I will use the powers proposed in this mittee Stage in this House. I will also further amendment to make the necessary regulations to strengthen the powers of the agency in the area introduce statutory guidelines in this area. of product safety. 1273 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1274

The Bill represents a fundamental realignment Fianna Fa´il and Progressive Democrats Deputies of national consumer policy by establishing a new to vote down our reasonable proposals. agency with much expanded and enhanced This was followed by the “Rip off? What rip powers and in effect creating a forceful new con- off?” approach of the Minister for Arts, Sport sumer advocate, which has been lacking in public and Tourism, Deputy O’Donoghue, who con- debate and policy making in recent years. Fur- demned Fine Gael for even raising the issue. I am thermore, the Bill replaces nine existing pieces of glad that he has been shouted down at Cabinet primary legislation with this single statute. This and the Government is now starting to acknowl- represents a significant gain in the accessibility edge the problem. For the record, let it be clear and transparency of our consumer protection that this Government is the father of rip off code and one that I am determined to extend to Ireland. No fewer than 50 stealth taxes and the remaining areas of that code. I commend the charges have been introduced by the Govern- Bill to the House. ment since the last general election — many of them introduced shortly after the general elec- Mr. Hogan: Fine Gael will support this Bill on tion. On everything from ESB bills to passport Second Stage, although we will seek to amend it fees, the only way has been up. In the 12 months on Committee Stage. The Bill is long overdue and to January 2007, consumers saw increases in it is surprising that it has come so late in the five- college fees, exam fees, electricity prices by \ year term of the Government. Its powers are 12.6%, average monthly gas bills by 15.50, ´ much weaker than they should be. It is weak Dublin Bus and Bus Eireann fares, Iarnro´ d ´ because the National Consumer Agency has Eireann and Luas fares, M50 and M4 tolls by 10c nothing like the powers it needs to have a reliable and the television licence fee. The list is endless. role to protect consumers. It is late because my Ireland has become a graveyard for consumers party introduced a Bill two years ago and we with annual inflation at its highest level for four were promised we would have an immediate Bill years and further electricity price rises yet to take from the Government. Two years later, we finally effect. The price increases in the 12 months to get the fruits of the Government’s labour. On December 2006 were the highest for four years. that occasion, Fianna Fa´il and the Progressive Prices have increased by 5.2% and the electricity Democrats voted down the Bill on the basis that price increase is yet to bite. A comparison with prices across Europe shows that Irish prices have their own Bill was coming. Perhaps they felt the risen in the past 12 months at a rate 26% faster powers we were granting the consumer agency than in the rest of the euro area. Irish price were too great, which seems to be borne out by increases in Government-regulated sectors are the contents of this Bill. more than twice those in the rest of Europe. Price For the past eight years Fianna Fail and the increases in Irish sheltered service sectors have Progressive Democrats have played a cruel, lais- been close to twice the rate of the rest of Europe. sez-faire game in the area of consumer protection. Yet price increases in Irish goods markets have They sat back as the economic boom let rip and been far slower than in the rest of Europe. These every scam artist and rip-off merchant in the trends are continuing a pattern which has pre- country made a mint. Irish consumers were vailed for many years, during which Ireland has treated to the highest inflation in Europe, the become one of the dearest countries in Europe. highest prices in Europe and the worst value for Ireland has become a graveyard for consumers as money. Last week, inflation hit a disgracefully a result of poor public policy promoted by the high level of 5.2%. Inflation during the 1994 to Government. 1997 Government was 1.5%. Government and When we look further, we begin to see what regulator-controlled prices are rising almost three has been the main driver of inflation over the past times faster than private sector prices — a stun- five years. Goods in our shops have not increased ning 55% between 2001 and Oct 2006 compared in price over that entire period. The prices of to 18.3% in the private sector. Wherever the services delivered by companies exposed to inter- Government has control over prices, it is three national competition have actually reduced. Yet times out of kilter with the private sector. prices in sheltered service sectors have increased After years of this hardship, the Government by 24%. Does the Minister have any plans to deal has now proposed the establishment of the with this matter? National Consumer Agency. I welcome the prin- The Bill puts the National Consumer Agency ciple of the agency and we will attempt to amend on a statutory basis. In principle, the agency is its proposed powers on Committee Stage. During needed and the Bill is long overdue. The interim the debate on the Fine Gael Private Members’ measures introduced in 2005 gave a clear indica- Bill in the Da´il in 2005 to create a consumer tion of intent that he would put the agency on a rights enforcer, the Minister of State, Deputy statutory basis sooner rather than later. Why has Killeen, referred to “comprehensive measures it taken so long? and policies already in place and envisaged, both The process of drafting the Bill has not had any domestically and internationally, to protect and impact on the Minister. He must have skipped represent consumer interests”. He then instructed over the sections in the Bill dealing with incorrect 1275 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1276

[Mr. Hogan.] provide the type of competition, service or choice descriptions, causing consumer confusion and people expect or demand. The output of most of providing false, misleading or deceptive infor- the regulatory agencies is not impressive and mation to consumers. If he had paid heed to the seems to display distinct signs of regulatory cap- spirit of these provisions in the Bill he would not ture rather than a serious commitment to the wel- have tried to pass the Bill off as the most funda- fare of consumers. The best example is the Com- mental reform of consumer law. To present the mission for Energy Regulation. These people Bill in those terms does no service to consumers have rolled over and have had their tummy or himself. The Bill is not the fundamental reform tickled by Bord Ga´is and the ESB over recent consumers are entitled to expect from a Govern- price increases only to have some rescinded later. ment, which along with its predecessor, has been When I made representations in writing to the in office for ten years. It is a disappointing piece Commission on Energy Regulation on this matter of work that has all the hallmarks of having been last September I was accused of trying to advo- rushed through before the election. I know the cate below cost selling. I have not heard how one Minister would not agree with me on that can put forward an argument about below cost matter either. selling in relation to a monopoly. That is the type of argument we have come to expect from the Mr. Martin: The Deputy cannot have it both Commission on Energy Regulation. It must be ways. It is either late or it is rushed. reviewed. I also question the competence and benefit of the CER in circumstances where it has Mr. Hogan: The Minister has been in Govern- presided over major price increases in energy ment for ten years and has had plenty of oppor- costs to consumers and businesses with minimal tunity. It is a hotchpotch of proposals, some of new market entrants to compete with the incum- which have been foisted on the Minister by EU bents. The Minister is aware and is being told regulations or closing off loopholes, which could regularly of the difficulties businesses experience easily have been implemented long before now. in regard to energy costs and, therefore, how it is To claim the Bill is the most fundamental reform contributing to the high cost base. of consumer law in years is nonsense. It transfers The Competition Authority has shown itself to some powers that already existed in the Office be involved in the enforcement of competition of the Director of Consumer Affairs to this new law but it tends to arrive at decisions after the agency, which I welcome — I do not believe in event. It sets up studies and issues reports but we duplication. do not hear much afterwards. The new chairman, I wish to speak about the Government’s Mr. Prasifka, and his team have good intentions approach to consumer and competition policy. but we do not hear anything about the tough Seldom has public administration witnessed such decisions being taken that will bring dominant a disjointed, incoherent and half-hearted attempt players in the marketplace on to an even keel to to address specific policy considerations in such a provide better choice and more competition key area. The real problem is that the Govern- across the various sectors. ment does not have the conviction or determi- The Competition Authority has shown a pro- nation to tackle vested interests and therefore pensity to engage in long inconclusive studies consumers get poor value, poor service and an which tend to produce results long after either inadequate means of address. Section 72, which regulations or a market have changed. I met the Minister mentioned, deals with the issue of members of the authority in the past and while redress and on Committee Stage I will be all were perfectly civil individuals I was left with interested to tease out how it will operate. There the distinct impression that a quasi academic and is a strong sense that perhaps by his lack of speed rarefied atmosphere prevails in Parnell Square, in dealing with these matters during the past five which is detached from most households in years he may have become slightly detached from Ireland. The Competition Authority did not do the realities and hardships facing people in their itself any favour when its former chairman, Dr. daily lives and the frustrations being experienced Fingleton, predicted savings of \577 million to by consumers who had nowhere to go with legit- Irish consumers in respect of the grocery trade. imate complaints. To his credit, the new chairman does not engage There is one area where there is no absence of in that type of activity and he has not gone out commitment on the part of the Government, that of his way to defend the type of statement made is, the establishment of regulators. Instead of tak- by his predecessor. ing hard decisions in the areas of energy, trans- port, competition and telecommunications the Mr. Martin: Nor does the Minister. Government appears content to get involved directly in its own job creation, namely, the estab- Mr. Hogan: The Minister was glad to accept lishment of a plethora of regulatory agencies and the report. regulators who can operate to insulate Ministers from the heat of answering questions on the Mr. Martin: The Deputy should acknowledge reason prices are higher. However, they do not that. 1277 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1278

Mr. Hogan: I can understand the reason the an important position in the public service. She Minister accepts a report where there will be a did enormous work in trying to get information saving of \481 million in domestic household out to consumers. Regrettably, she did not have bills. I can understand that as it is good news for the necessary power, staff or resources to deal him. effectively with complaints in a modern economy. I recall after a Rugby international match in the Mr. Martin: I accepted no report. city she and her inspectors could enter a part- icular establishment but unfortunately they could Mr. Hogan: Unfortunately it did not happen do nothing about enforcing the penalties. No that way. All the matters which have been sooner had the inspector left than there was a brought to the Minister’s attention by the various lack of price displays. This was a grey area in the economists and academics have blown up in legislation that did not allow her to tackle the smoke and regrettably the consumer has not got issue head on. I acknowledge that the Minister the benefit. The current chairman, Mr. Prasifka, has increased the fine but at the time it was \127. is a more humble and modest person than his pre- It would not make much difference if the pub in decessor. He does not predict such savings off the Dublin City was full after a Rugby international wall but does his research first. Needless to say as it would not take long for \127 to be clocked the outcome in all of these matters has been no up in the tills. reduction in food prices overall but much higher I am concerned about some aspects of the Bill. profits for the multiples. The same applies in the In the explanatory memorandum to the Bill, it is insurance market. We have very few players noted that “the detailed financial implications of despite all the commitments made by the Mini- establishing the new agency cannot be quantified ster’s predecessor, Deputy Harney, and himself, at this stage.” I find that strange. I expect the about new players in the general insurance Minister to have an explanation in regard to the market. We have witnessed a levelling off of the costs of the agency on Committee Stage. I am insurance regime across employers’ liability and concerned also about the operational role of the public liability and some reduction in motor National Consumer Agency on the basis as set insurance but higher profits for insurance com- out and I am not critical of the executive chair- panies. The Fianna Fa´il and Progressive Demo- person of the agency who has been handed a dif- crats policy has been to appoint more regulators ficult job by the Minister. and create the perception that something is hap- pening. Unfortunately what has happened is that The State has a central and critical role to play there are higher profits for multiples and in respecting consumer rights. Unfortunately the insurance companies and little change for con- State often deals consumers a poor hand, whether sumers and less choice. That is not good for any in failing to reform economic sectors in which it consumer. is dominant or in introducing changes to pro- The Government’s policy and vision on the cedures or entitlements that negatively impact on rights of consumers has produced a regulatory the public as consumers of State services. A great structure that is disjointed, fragmented and ulti- deal more can be done in terms of charters and mately not very successful. We have a plethora of the various services, or proper codes of practice agencies, commissions and authorities, all or opening up areas to much more competition in operating to their own agendas and each seem- many areas of the economy. ingly distant from the end users of the services All our clinics are not full of people com- they are regulating. plaining about the deal they have got from What is needed is a rationalisation of these private sector companies. Their focus is usually agencies and greater co-ordination between the on State agencies, local authorities, the HSE or Competition Authority and those agencies to development agencies. This is what the real world enforce consumer rights and which embraces the is about and where consumers feel hard done by. existing regulatory authorities. There is no need We could play a useful role in ensuring the for duplication of functions which can all be National Consumer Agency is armed with the brought under a single or rationalised structure necessary powers to deal with those issues effec- that has as its core focus the protection and tively on behalf of clients. If as members of the service of consumers. A strong consumer man- Oireachtas we fail to get answers, how much date should be the focus of these agencies but more difficult it is for ordinary individuals and unfortunately they lack direction. In Government consumers? It is imperative that the public, as the I hope this is one area where Fine Gael can intro- consumer of these services, receives strong advice duce radical reform that will benefit consumers in from a consumer advocate who commands auth- a real and meaningful way. ority, has the power and is well resourced. The I welcome the decision to subsume the office of private sector must be focussed on equally and the director of consumer affairs into the National the State must subject itself to review and criti- Consumer Agency. It is long overdue. Ms Carmel cism and must give redress for providing poor Foley who was very involved with the office of services to the public, as consumers, of often the director of consumer affairs has moved on to essential services. 1279 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1280

[Mr. Hogan.] sumers. The Minister will forgive me if I say the In addition to the ombudsman there must be agency is fine in theory but that it is not the type an agency that can comment publicly and some- of watchdog we would expect it to be. times critically on State policies as they adversely One major concern I have about the Bill is that impact on consumers. I see the role of the it openly discriminates against some of the National Consumer Agency expanded to ensure smaller businesses that operate in the State and that policy perspectives are brought forward. which form the bedrock of our enterprising econ- Sometimes we see this through the National omy. There are many small businesses in the Competitiveness Council, even though in veiled State that operate on the basis of one person or language, it might understate the type of prob- a husband and wife team. They are small busi- lems we have in certain areas. I would like to see nesses which do not have big resources and often the National Consumer Agency expressing to the operate from the family home. They are equally Minister and Government of the day the policy entitled to good service, fair play, not being changes that need to be made in respect of ripped off and access to a prosecuting authority. these matters. However, under this Bill, they are excluded. The I am also concerned by the fact the structure Bill only applies to consumers who are defined as proposed under this Bill makes the National Con- a natural person acting for purposes unrelated to sumer Agency so subservient to the Department the person’s trade or business. I can think of no and the Minister of the day. This is wrong. The policy justification for excluding this section of agency should be more independent and have its consumers from the scope of the legislation and own staff, resources and sources of funding. The regard the proposal in the Bill to do so as unfair, Minister should be able to give a block grant to discriminatory and anti-small business. There is the agency and let it get on with its work. I funda- no reason why inconsistent levels of consumer mentally believe this is so important to consumers protection should be afforded to different seg- that the independence of the office will be critical ments of the population, to its proper function and success. I am also concerned the Bill, as presented, will I also believe the Minister is giving too much introduce another layer of bureaucracy and regu- power to the Department to dictate aspects of the lation, which we must avoid. Once this Bill is business of the National Consumer Agency and enacted, we will have a number of sectors of the that this will set and shape the agenda. If the economy which will potentially face double regu- agency is going to be an effective and indepen- lation on consumer issues by both their sectoral dent advocate for consumers, the Minister should regulatory authority and the National Consumer not think that it should be anything other than Agency. In the Minister’s contribution this independent. evening, he referred to one such authority, the Instead of creating a watchdog, the Minister is Financial Regulator. I am certainly glad he took giving consumers a neutered poodle which will be note of this particular problem in his contribution permanently tied to the railings of the Depart- and I look forward to hearing the changes he will ment in Kildare Street. make on Committee Stage. The last thing we want is duplication and overregulation because Mr. Martin: Deputy Hogan has a new we already have enough. Both the Minister and scriptwriter. I, and I am sure other Members of the House, get a considerable number of complaints about them. Mr. Hogan: I am worried about what the Mini- We want to see a system established that ensures ster would tie the agency to. What is even more we have a light rather than a heavy touch. The worrying is that the Bill proposes to limit the nat- financial services sector is well regulated with ure of the interaction the National Consumer necessary bodies such as the Financial Services Agency will have with the Oireachtas. This is an Ombudsman, the Competition Authority and the important point. The Minister is defining the way Financial Regulator. I am interested in seeing in which the agency will interact with the what direction the Minister will head in respect Oireachtas. Section 17(1) of the Bill states that of this issue on Committee Stage. the chief executive of the National Consumer The telecommunications sector will face regu- Agency “shall, at the request in writing of an latory review from the National Consumer Oireachtas Committee, attend before it to give Agency, the Competition Authority and Com- account for the general administration of the Reg. Before we extend the regulatory creep even Agency as may be required by the Committee”. further into Irish business, we need to be sure So by law, the chief executive of the agency will there is justification for doing so. The Bill talks be restricted by the terms set out in the Bill to about co-operation agreements between agencies, engaging with members of the Oireachtas on which is fine, but in reality, the problem lies with bland issues of general administration. He or she duplicating functions without any necessity to do will have nothing to do with policy issues as they so. The co-operation agreement between the affect consumers, legislative measures required to Competition Authority and ComReg has proved address inconsistencies in law or criticisms of so successful that the Minister for Communi- Ministers for not doing enough to help con- cations, Marine and Natural Resources is giving 1281 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1282 concurrent competition enforcement powers to products. This needs to be extended into a wider ComReg in the Communications Regulation Bill, range of products that affect consumers and their against the advice of the Competition Authority. purchasing power. We must develop codes of This is an example of more bureaucracy, more conduct for service providers and retailers on disconnected thinking and more red tape in issues like passing on exchange rate movements, respect of ComReg. The way we deal with con- devise and promote a good practice provider sumers and telecommunications services is diffi- quality mark for suppliers of goods and services cult. I am getting many complaints about main- that agree to be bound by relevant codes of prac- tenance, repair, broadband roll-out and the tice and work with local authorities through the overloaded exchanges in various parts of the directors of community and enterprise sections to country. People are not getting the service they drive a pro-consumer agenda at local level. expect to receive from what is basically a mon- If we drill down to local authority level and opoly provider of fixed lines, but ComReg has make more use of this organisation, we could not got to grips with the rolling out of a basic provide much more information to consumers at service charter one would expect from a regulator a more local level. We often believe that when at this stage in respect of telecommunications. A we say something at national level or put an total of \4.6 billion was garnered by the State advertisement in the national newspapers, it is from the sale of Eircom. Eircom has been sold enough. I am sure the National Consumer twice since then and we are still no better off in Agency will have a budget for advertising, mar- terms of competition, service provision or the keting and information campaigns, but we must roll-out of broadband. We are slowly getting drill down to an agency at local level. Perhaps, there, but it is too slow for an awful lot of people. the local authority is a vehicle for doing this. At a time when the rest of Europe is con- Consumers should be represented in national tracting its regulatory overlay of the national partnership agreements and be part of any economies, we in Ireland are proposing to intro- national agreement. It is clear that, in many duce yet another layer of bureaucracy and dupli- instances, recent agreements have been domi- cation. This does no favours to our economy or nated by the producers, not consumers. We need the international perception of Ireland as a place an agency that will not tolerate cartels, monopol- to do business. Most importantly, it does no fav- ies or anti-competitive practices that hurt con- ours to consumers who find themselves betwixt sumers but will fundamentally give them choice, and between regulatory agencies with seemingly reduce prices and, in competitive terms, bring common functions and all funded by the higher more people into the marketplace. That is why costs for services caused by an increased regulat- Fine Gael is committed to introducing defined ory burden. The Minister needs to go back to the time limits for different stages of Competition drawing board on this on Committee Stage. Authority investigations, in order to address con- For the past two years, Fine Gael has called for cerns about the length of time investigations take. a consumer rights enforcer. In principle, this Bill It is important complainants would be kept regu- goes towards meeting this objective. What we larly informed of the progress of an investigation. need to see is an agency with real power which We should instruct the Competition Authority to will root out blockages to competition and ensure issue an annual report on the implications of consumers get the fair deal they deserve. Under State action on competition. Such a report would our proposals, the new body would have the same be able to identify how the State has inhibited status as an Ombudsman and would cut the or prevented competition and be able to make umbilical cord with Departments that are largely suggestions about the changes required. pulled around the place in respect of vested Our system of regulators is creaking and interests. It will be a proactive champion, watch- ineffective. We should merge existing regulators dog, defender and advocate of consumers’ rights so as to have fewer of them and provide a more and interests. A key feature of the office will be important role for the Competition Authority to its independence. To be really effective, it needs work with them. They should be charged with to be a stand-alone office with its own stall and a controlling costs and opening sheltered parts of secure budget. It should be a proactive champion the economy. and a meaningful watchdog for consumers. In In principle, the Bill is much to be commended addition, the National Consumer Agency should but the powers vested in the agency by the Mini- be in a position to conduct regular price surveys ster to ensure consumers can have confidence in that highlight good value and name and shame it are inadequate. The Consumer Protection those charging excessive prices and to regularly Agency should be independent like an ombuds- create a price league website with tables on all man. I intend to table the necessary amendments major products to give the best possible infor- on Committee Stage to give effect to these prin- mation to consumers. This has been done in ciples and the proposals outlined in my con- respect of the financial services sector and I com- tribution. pliment Mary O’Dea, the Consumer Director in the Irish Financial Service Regulatory Authority, Dr. Upton: I am delighted to have an oppor- which carries out regular surveys on financial tunity to speak on the Bill which the Labour 1283 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1284

[Dr. Upton.] any proposals for legislative change”. I note also Party does not oppose. However, while we wel- it shall promote alternative dispute resolution, come a number of elements in it, there is much commission research, promote educational scope for amendment on Committee Stage. initiatives in the area of consumer education, pre- Consumer protection has never been more pare and publish guidelines for traders, in important than is currently the case. This week in addition to any number of other powers. I wel- the UK, for instance, banks have conceded defeat come all of these proposals but one can well ask in the face of an organised campaign by hundreds whether the Government is committed to of thousands of consumers claiming refunds of resourcing the agency properly so it can carry out banking fees which exceeded the legal maximum these functions. I am not sure that will be the case allowed under UK consumer law. One estimate because of the history of the lack of resources for reckons UK bank customers are due refunds many other agencies, for example, the Food equivalent to \14 billion, which is a substantial Safety Authority of Ireland. The catering trade is amount of money to be repaid because somebody expected to indicate to us the country of origin of was not doing his or her job properly or because beef. When one asks how many inspections have he or she was ignoring consumer rights. Our been carried out, the reply is “very few”, and banks have a less than perfect record in attending when one asks how many have complied with to the rights of consumers. those inspections, the answer is also “very few”. UK consumers, however, are not the only ones The bottom line is the authority is not who are being deceived. One of my favourite top- adequately resourced. ics in this regard relates to food labelling and Part 3 deals with unfair and misleading com- safety issues. Time and again in this House I have mercial practices. Its scope is wide enough to raised the issue of food which is produced outside include a number of situations in which con- Ireland that can be quite legally labelled as being sumers are being misled by unfair or misleading “Irish” even though, for instance, only bre- commercial practices. I commend the European adcrumbs may have been added to the original Parliament for being responsible, as I understand product after it was imported. This is called sub- it, for initiating the EU directive which this part stantial transformation and it is entirely legal. The of the Bill transposes. point at issue is that the meat content, for I wish to concentrate on section 43 which example chicken fillets, may have come from states, “A commercial practice is misleading if it Thailand, South America or elsewhere. When includes the provision of false information” in such products are imported to Ireland, the regard to a number of factors including the geo- addition of seasoning or spices can lead to it graphical origin of a product. It further states, a being labelled as “Irish”. As far as consumers are commercial practice would be misleading under concerned, the only information they have on the the terms of the Bill if this false information packet is that the product is Irish. That is defin- “would be likely to cause the average con- itely misleading. I accept this is the case across sumer...to make a transactional decision that the the European Union but I would like to see it average consumer would not otherwise make”. changed. I welcome the Bill because it should Section 43(7) states: “In determining the geo- take account of this kind of issue. Consumer pro- graphical origin of goods . . . consideration shall tection in regard to food safety and nutrition is be given to where the goods underwent their last extremely important. substantial and economically justified processing I note most of the Bill is an almost verbatim . . . resulting in the manufacture of new goods or copy of EU Directive 2005/29/EC, which it is representing an important stage of the manufac- intended to transpose. Part 2 of the Bill aims to ture or production”. This brings me back to my establish a National Consumer Agency. I am sad- point about substantial transformation. In many dened by today’s news that the Director of Cor- cases when one buys a product in a supermarket porate Enforcement has been unsuccessfully that to all intents and purposes is pretending to seeking sufficient staff to do its job for two years. be Irish, when one investigates, if one is able to It is not enough for Government merely to estab- do so — for the most part one is not — one dis- lish agencies like the National Consumer Agency; covers the raw material was imported but the pro- it must also resource them properly. I take heart, cessed element of it is Irish which led to its being however, from the fact that should the Bill pass, labelled an Irish product. This is a significantly it may well be implemented by another Govern- misleading approach to labelling. ment. If that is the case, we would ensure Other issues of concern arise in regard to the adequate resourcing was provided for the agency. labelling of food. One often comes across what I It is pointless to set up agencies and not provide consider to be sleight of hand labelling. For adequate funding for facilities etc. to allow them example, in regard to salmon one comes across to deliver on their mandate. “Irish smoked salmon” and “Smoked Irish Section 8 of the Bill gives the National Con- salmon”. One is not sure whether the salmon or sumer Agency a number of functions. I note in the smoke is Irish or where the salmon came from particular the agency may “make recom- to create this product. While this is technically mendations to the Government...in relation to acceptable and legal, it is definitely misleading 1285 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1286 because one would take it from the word “Irish” this as sodium or sodium chloride, which is not that the product was produced and processed in the same. There is a need for consumer infor- Ireland. mation, consumer education and consistency of The labelling of poultry arises frequently in dis- labelling to ensure that the correct information cussions of this nature. This issue affects con- can be easily interpreted by the consumer. sumers and commercial producers because, much Another problem with the GDA is the sample of the time, they are competing on an unfair play- size of products. This is not standardised. One ing field with imported products. However, I wel- carton of yoghurt may state that 100g will provide come the introduction of sanctions under section 20% of GDA of fat. The carton beside it may 43 of the Bill for producers who label their prod- refer to 30g providing 15% of GDA of fat. If the uct with false information. The categories of prac- priority is minding the child in the supermarket tice set out as misleading include, “its benefits or one will probably choose the second product even fitness for purpose”, “the results to be expected though the former is healthier. One has to work from it”, “the risks it presents to consumers”, or out the mathematics but these matters should be due to “the results of tests or checks carried out kept simple. The traffic light food labelling on it”. system might show both yoghurts as amber or the Another issue I have raised previously in the latter on red and the former on green. This is House about food labelling is the question of gui- uncomplicated. The average hard-pressed con- deline daily allowances, GDA, versus the traffic sumer would not be misled by the traffic light lab- light labelling of food products. Under the GDA els but would be misled by the GDA system. method of labelling products, which most major Many people find the current indication of supermarket groups favour, a consumer is told on nutritional content misleading, yet it is legal. The the label what percentage of certain categories of Bill should encompass issues such as misleading ingredients the product contributes to one’s food labels. It is a major issue, given our concerns recommended daily intake of each ingredient. In about healthy eating, obesity and so on. effect, one is being told this is the appropriate The Minister for Agriculture and Food is percentage for one’s daily intake. For example, reported to be opposed to the traffic light label- according to the GDA system, a chocolate bar ling system, apparently because she feels it would might say on its label that eating this chocolate be bad for producers of high fat cheese. I have bar would contribute 100% of one’s daily recom- asked her to conduct research into Irish con- mended allowance of fat. On the other hand, the sumers’ perceptions of traffic light labelling but traffic-light food labelling system favoured by she has refused. If she did, she would discover Deputy Naughten and I, advises the use of a sim- that Irish consumers would not be dissuaded from ple red, orange or green colour coded labels. It buying a high fat cheese with a red label but tells whether a product should be taken with care would buy lesser quantities or choose another or, if the label is green, it can be eaten with aban- with a lower fat content. There is no threat to the don. It is a simple and straightforward system, but consumption of the product or the industry. We the Minister for Agriculture and Food is not in can provide the consumer with appropriate infor- favour. mation. If a product is high in fat one should Of 17,000 UK consumers recently surveyed, monitor the amount one consumes. Just because 80% preferred traffic light food labelling to GDA it is a dairy product we should not shy away from labels. The British National Heart Forum finds labelling it as a high fat product. We must be the GDA system complicated and misleading and straightforward about these issues. the British Medical Association is in favour of the If the Government refuses to legislate to allow traffic light system of labelling. The argument is for traffic light food labelling it should introduce made by these substantial bodies. The UK Food regulations, using the powers in section 48(3), Standards Agency states that the evidence so far which set out the conditions under which the is that consumers are not running scared of red GDA labels would not be deemed misleading. A markers, as feared by critics of the traffic light statutory instrument could be introduced to scheme. They are using the information to oblige all manufacturers to use the same sample balance their shop. They are not interpreting red product size in the GDA label. This would stop as a sign not to buy the product. They interpret the use of misleading GDA labels. Nothing short it as “high in fat, salt or sugar” and know that of a traffic light labelling system, such as Fine they should not eat too much of the product. Gael and the Labour Party will introduce in Research has found that one of the major prob- Government, will prevent consumers from being lems with the GDA system is that many people misled. do not have the mathematical ability to use the I refer to dangerous and misleading infor- percentages constructively. One mother stated mation about diets and slimming aids. One sees that her priority at the supermarket is making wonderful advice in diet books and products that sure she does not lose her child, not choosing a promise weight loss. It is not only misleading but good cereal. A person on a low salt diet might dangerous. This must be addressed to stop the see a product with a low percentage of salt, which gullible from believing that they will lose a major is a good thing. Another product might express amount of weight. If that worked, we would be 1287 Consumer Protection Bill 2007 : 28 February 2007. Second Stage 1288

[Dr. Upton.] the reduction in world fuel prices. Deputy Hogan skinny, healthy and fit without any effort. One has already addressed this point. It has driven finds the same information in fitness clubs where price increases that have let inflation break the one is promised weight loss after a 14-day prog- 5% barrier. Annual inflation is now at a six year ramme. This is also misleading and potentially high of 5.2%. When we were last in Government dangerous. inflation was at 1.5%. The removal of the grocer- Section 53 relates to prohibited commercial ies order has led to a downward spiral in the cost practices and I welcome section 53(3)e which pro- of alcohol. Consumers plagued by anti-social hibits advertisements which directly exhort chil- behaviour associated with people consuming dren to “(i) purchase a product, or (ii) persuade cheap alcohol will not be overly impressed with a parent or adult to purchase the product for this decline. That is not a consumer friendly them;” That might be difficult to enforce. The move. Since the abolition of the groceries order Government should be congratulated but it food prices have gone up. should be noted that the provision is taken from an EU directive of 2005. I commend the Euro- Mr. Martin: They have gone down by 1.9%. pean Parliament for initiating that section of the Bill. Dr. Upton: The supermarkets have benefited. I have previously raised the matter of pyramid schemes. People are ripped off and lose vast Mr. Martin: The groceries order prices have amounts of money and there are various knock- gone down. on effects. The Labour Party published a Bill on Dr. Upton: Irish banks get away with murder. this practice some years ago and there has been The average cost of a credit card is \105 whereas a rash of pyramid schemes since. Many people the average across Europe is \65, indicating a sig- suffer financial and personal losses from the rows nificant mark up here. The cost of taking out a that arise from the scheme. The moral is that if loan here is almost twice the EU average while something looks too good to be true, it most Irish consumers pay \100 for current accounts. likely is. This is another case of clever people These costs are often not obvious to the con- exploiting vulnerable people. sumer as he or she buys into various financial I welcome the section that deals with aggress- packages. The Government has done very little ive selling. We all know elderly people living to contain or control this activity. alone who have been browbeaten into buying a I would like the Bill to take account of manage- service or product they do not want. They are ment companies. They have been a major issue intimidated and are sometimes brought to the for many who have bought houses and paid large bank to get cash to hand over. This area must sums to management companies for very poor be addressed. delivery or none. The Labour Party put forward I also raised the matter of ringtones with the some sensible proposals recently that we would Minister and the difficulty of getting out of it like the Minister to take on board. The lack of once one buys into it. This practice targets people control of management companies and the failure who do not know what they are buying. It is not to implement any relevant legislation has caused clear that one cannot get rid of the ringtone once much grief for victims of bad management com- one pays for it and downloads it. I devoted much panies. Some management companies deliver the time to attempting to reverse this but it was very service and work well on behalf of their clients difficult because it operates from outside Ireland. but unfortunately we have received many com- Children, and teenagers in particular, are taken plaints about bad management, no delivery of by the latest ringtone and must have it. Once they service and no concern for the householder. This buy into it there is a cost every time it is down- is a serious problem that must be addressed in loaded and one cannot get rid of it. legislation. Although I do not know how it could be The key to the implementation and effective- addressed in this Bill, the matter of so-called psy- ness of this Bill is how well the consumer benefits chics should also be considered. They advertise from it. In order for the consumer to benefit we and rip people off. Mr. Derren Browne is a must fill the information and education gap. This magician and explains in his books how psychics could be achieved through the resources of Citi- work. Apart from the financial aspect of the rip zen Information Centres. Many consumers are off, they target people who are vulnerable and unaware of their rights. The legislation will help this specific matter should be examined. Much of but unless the consumer knows about his or her the Bill is to be welcomed. It is not right for the rights and is able to ask the right question it will Government to take the credit for helping the be of no use. consumer not only because the Bill’s contents are There seems to be a plethora of agencies with identical to the aforementioned EU directive various responsibilities and there is a danger of which is as it should be but also because this is creating one more that will overlap with, dupli- the least consumer-friendly Government. For cate and dilute the resources we so badly need. instance, it allowed the energy regulator to The proof of how consumer friendly this legis- impose a 23% hike in gas prices, notwithstanding lation is will lie in how well it is resourced and 1289 Private Members’ 28 February 2007. Business 1290 enforced. I noted the example highlighted today how food products are labelled. There has been of the Director of Corporate Enforcement plead- some progress on this in recent years, for ing for funds to enable him to perform his statu- example, the listing of ingredients and whether tory duty. I would not like to see this experience that is done in a user-friendly format. Health repeated but would like to think that this new implications, however, need to be more clearly agency will be adequately resourced, the person- labelled on many food products. Consumers are nel will be provided, the support services will be growing more aware of how and where a product in place and that it can be effective and deliver. I is produced but environmental concepts are not hope the introduction of this Bill will be effective addressed on labelling. The new agency could but to judge by the past performance of the consider a labelling requirement for food miles Government on consumer concerns there may be in particular. no delivery on it. Debate adjourned. Mr. Boyle: I wish to share time with my col- league Deputy Eamon Ryan. I generally welcome Private Members’ Business. this Bill but despite its introduction and the pro- posal to set up this agency, consumer protection ———— stands lower in Government priorities than it should do. While it is the responsibility of the Domestic Violence: Motion (Resumed). Minister for Enterprise, Trade and Employment it does not feature in the title of his Department. The following motion was moved by Deputy O´ It occupies a debatable place in the Depart- Snodaigh on Tuesday, 27 February 2007: ment’s objectives. That Da´il E´ ireann, The Green Party’s national convention was addressed by Renate Ku¨ nast, a former Minister recognising that: for Consumer Protection, Food and Agriculture — the grave threat to life and limb and in the Green-SPD government in Germany. The to the mental health and quality of greatest consumer interest is in food, followed by life of women, children and men other types of goods and access to services. Other posed by domestic violence is European democracies deal with that by having undermining the fabric of our society government briefs that properly reflect that and our belief in equality; interest. We should perhaps debate not the estab- lishment of a more focused and stronger National — an estimated one in five Irish women Consumer Agency but how consumer protection experiences domestic violence at and relations are viewed as a priority of Govern- some point in her life; ment. I hope that when we go to the hustings in — of 126 women violently killed since a few weeks this will become an important issue 1996, 81 were killed in their home and remain so for whoever forms part of the next and just under 50% of victims whose Government and that there will be a Department cases have concluded were killed by for consumer protection. their partner or ex partner; The Green Party will not argue against the con- — in 2003 on average more than 23 inci- cept of a stronger and more focused consumer dents of domestic violence were agency. The problem is to what extent does this recorded by gardaı´ each day com- form an effective rationalisation of pared with an average of 11 other 7 o’clock consumer agencies, or will there assaults recorded; remain several overlapping and con- flicting agencies to help consumers seek effective — more than a third of all calls to the redress under legislation that does not yet exist? Women’s Aid national phone help- How good a consumer advocate will this new line went unanswered due to inad- agency be? The Minister must address the con- equate funding in 2005; flict in his brief of Enterprise, Trade and Employ- — women are 70% more likely to be ment if we are to have a Department that is more raped, severely assaulted or mur- focused on consumer protection. It is rather like dered after they access the legal an episode of “Yes Minister” because the Mini- system and attempt to leave their ster should represent the interests of his Depart- abuser and therefore victim safety ment at Cabinet but there is a conflict in those and offender accountability must be interests between representing producers and at the centre of every intervention; consumers. No one could play that role effec- and tively. That is why we must address the role of consumer protection in Government rather than — there is an unjustifiable shortage of establish this type of agency. refuges and other front line provisions; I noted Deputy Upton’s interest in labelling. There are many issues to be tackled in respect of believes that: 1291 Private Members’ 28 February 2007. Business 1292

— an effective sanctioning system is ence Act 1996 as a matter of urgency, essential if the incidence of domestic including amendments to: violence is to be reduced and there- — remove the restrictions caused by fore law enforcement bodies and residency requirements; agencies involved in the admini- stration of justice must prioritise the — list the name of the agency-prac- prosecution of domestic violence titioner responsible for taking sworn crimes on indictment where possible information, for serving orders and/or rather than simply as breaches of summons and providing evidence to orders; the court regarding the response of the respondent; — the variation in Garda practice across the State and within stations is a — provide for the immediate communi- serious problem and can impede cation to the local Garda station of women from making complaints or the granting-extension of an order for even undermine the cases that are priority entry onto the PULSE brought forward, and therefore the system; existing Garda policy on domestic — provide for applicants for orders to violence and practice must become automatically be given a copy of their subject to monitoring, support and sworn information; supervision to ensure it at least achieves the level of response — provide for the immediate seizure of expected and set down by that policy; any firearm legally held by a person against whom an order has been — consideration should be given to the granted; and appointment of a commissioner within the Garda Sı´ocha´na tasked — clearly specify the data protection with ensuring domestic violence is provisions governing the sharing of treated as a serious criminal matter, information by agencies; and domestic violence, rape and sex- — re-introduce and resource a role for ual abuse crimes should be named as the probation service in family courts crime priorities in the Garda annual producing safety reports and risk policing plans; assessments to inform judges’ — greater investment should be made in decisions; specialised training and ongoing in — ensure the supervision of child access service training for gardaı´ given the where necessary to protect against distinct nature of crimes of domestic further abuse; and sexual violence; — make provisions for the extension — guidelines should be introduced across the state of the inter-agency detailing criteria for the granting of work model developed by the safety, protection and barring orders, NDVIA and the systemic changes as should regular information sem- achieved by them in the pilot areas of inars for the judiciary on the dynam- Du´ n Laoghaire and Bray District ics and impact of domestic violence, Courts; the latest international research into effectively stopping domestic viol- — prioritise and guarantee core funding ence, and responding to the needs of to frontline services including victims, children and offenders; refuges, outreach, counselling, court accompaniment and transitional — all key agencies, including the HSE, housing on a multi annual basis to probation service, Courts Service and allow for the strategic development housing authorities, should be and delivery of services; and obliged to develop and implement, in conjunction with the expert agencies, — introduce measures to overcome lan- a domestic violence policy and train- guage difficulties and other barriers, ing to govern their work; including the prospect of deportation, experienced by immigrants, ethnic calls on the Government to: minorities and others attempting to — make the necessary provisions for the access services and protections. introduction of an effective and con- sistent sanctioning system; Debate resumed on amendment No. 1: — publish and schedule time for legis- To delete all words after “Da´il E´ ireann” lation amending the Domestic Viol- and substitute the following: 1293 Private Members’ 28 February 2007. Business 1294

“— affirms that domestic violence is a ing of public services and non- heinous crime and cruel wrong that governmental organisations; affects the safety and welfare of vul- — notes that the 1997 Task Force nerable persons in the home, includ- Report on Violence against Women ing children; was published as a blue print recom- — agrees that the National Crime mending new structures and compre- Council in 2005 reported that 15% hensive services to bring perpetrators (about 1 in 7) of women had experi- to justice and to support victims; enced violence; — notes the establishment of the — acknowledges the comprehensive Domestic Violence and Sexual protection afforded victims of Assault Unit in the Garda Sı´ocha´na domestic violence contained in our in 1997; civil and criminal law codes, namely: — welcomes the special training of the — the Criminal Law (Rape) Amend- Garda Sı´ocha´na in the investigation ment Act 1990; of cases of domestic violence, which — the Domestic Violence Act 1996; is provided by experienced Garda personnel, assisted by other pro- — the Non-Fatal Offences against the fessionals, such as psychologists, Person Act 1997; doctors, social workers and also — the Domestic Violence experts from the various non-govern- (Amendment) Act 2002; mental organisations; and — the Criminal Justice Act 2006; and — commends the work undertaken by the National Steering Committee on — the Criminal Law Sexual Offences Violence against Women under the Act 2006; Chairmanship of Minister of State, — welcomes the substantial increases in Deputy Frank Fahey, in bringing funding provided under this Govern- together all of the Government ment, including a threefold increase Departments, State bodies and non- over the past ten years in funding to governmental organisations which front line services provided through work with victims of violence. the Health Service Executive to over —(Minister of State at the Department of \17 million this year, and a sevenfold Justice, Equality and Law Reform, Mr. increase over the past five years for Fahey). awareness raising and perpetrator Mr. O’Connor: I propose to share time with programmes of the Department of Deputies O´ Fearghaı´l, O’Donovan and Justice, Equality and Law Reform to \ Keaveney. I welcome the opportunity to make a exceed 2.1 million in 2007; brief contribution to this important debate. As — notes the commitment to continued ever on these occasions, I compliment our col- funding to tackle domestic violence leagues in the Opposition on their initiative. This contained in the recently published motion gives Members an opportunity to speak National Development Plan 2007 to on matters of concern to us. I am sorry my con- 2013; stituency colleague, Deputy Crowe, is not present to hear my compliment but perhaps Deputy O´ — notes that the Government’s Snodaigh, a fellow Crumlin man, will convey it National Women’s Strategy is being to him. finalised for publication in the near future and welcomes in particular Aengus O´ Snodaigh: I will. that it contains proposals in relation to the establishment in the Depart- Mr. O’Connor: I acknowledge the presence of ment of Justice, Equality and Law my colleague, Deputy Haughey. It is my first time Reform of a national domestic viol- to speak in the Da´il since he was deservedly ence office which will ensure the appointed a Minister of State. Naturally, he has development of a well co-ordinated visited Tallaght, and I look forward to working ‘whole of Government’ response to with him for the next 90 days and beyond. I wish violence against women; him well. — supports the Government’s strategic I listened to the contributions of other speakers approach by way of updating of the last night and I support the comments of my col- wide-ranging codes of law that league, Deputy Fahey. When speaking on these address violence in the home, the matters I tend to talk about Tallaght, and that changes in administrative structures generates a reaction. However, tonight I will dis- and the substantial increases in fund- cuss Tallaght because, like other areas, it has 1295 Private Members’ 28 February 2007. Business 1296

[Mr. O’Connor.] are affected by this problem come to me about it. problems of this nature. An organisation called I am happy to compliment the proposers of this Saoirse has been working for the past 12 years to motion and to speak up for the women’s refuge achieve the important goal of opening a refuge in in Tallaght. Saoirse was anxious that I do that. Tallaght for women and children escaping viol- Like other people providing such services, they ence in the home. People who supported the find it difficult to get the message across to the organisation over the years considered it a much agencies as to who should fund them. That is a needed service given that there are only two challenge for everybody. other refuges in Dublin. In my role as a public representative, a member Mr. O´ Fearghaı´l: I thank Deputy O’Connor for of the health board from 1994 and as the found- sharing time with me. The refuge in Kildare has ing chairperson of the south-western area health not yet opened so I cannot wax lyrical about the board, I, with other colleagues, strongly sup- situation. However, I am pleased to have this ported this group. Over the years it made much opportunity to contribute to this debate on progress, although its members will confirm that domestic violence, and to support the Govern- they had many struggles and overcame many ment’s amendment. Like Deputy O’Connor, I obstacles in that period. However, they pointed congratulate our Sinn Fe´in colleagues for pro- out that this brought them closer together and posing this motion as it highlights a most serious strengthened their determination to succeed. problem in society. Tallaght is the third largest population centre Domestic violence is not just an Irish phenom- in the country so one would expect problems. I enon. The World Health Organisation, in a report often remarked that it was not right that, like in 2005, described domestic violence as the most other communities, we should send our problems common form of violence in women’s lives. The on the bus into the centre of the city to be international experience is that a woman is stat- resolved. That was the case with a number of istically more likely to be abused by a partner problems, including drug addiction. I am pleased than by a stranger or casual acquaintance. The that in the past year Saoirse was able to announce same disturbing report suggests that women are that it had secured premises with the help of more at risk of assault in the home than on the South Dublin County Council. It has now opened street. a women’s refuge in Tallaght village with the fin- The National Crime Council study, concluded ancial assistance of the HSE, which appointed a in conjunction with the ESRI, gives us the most manager last January and worked with the board recent relevant Irish data, which suggests that of management on adapting the building and nearly one in seven women, and about 6% of sourcing additional funding. The refuge was men, have experienced serious sexual, mental, or officially opened by President McAleese several physical abuse in a domestic setting. The same weeks ago. I welcome that development. report identified a strong pattern of non-disclos- It was a difficult journey for Saoirse to final ure on the part of the victims, with 33% failing to success. I was present at the opening of the discuss their abuse or torture with either family refuge. It has six units, which are full. The organ- or friends. From experience in my constituency isation is already looking for more space to work, it appears that the persistent male abuser, accommodate the average of two families a day more often than not, manages to isolate his vic- it is obliged to turn away. In the many briefings timised partner from family and friends, lest she Saoirse has given me it has pointed out that the would overcome the shame which many women issue of funding for domestic violence services is experience when beset by this crime against them a major concern. It has had to struggle and prove and confide in somebody. the need for funding to run the services instead of When one considers the veil of secrecy and being given dedicated funding from a dedicated shame which all too often hides the damage done section within a Department. The organisation to individuals and children, as a result of domestic has asked me to express the delight of the com- violence, we can appreciate the vital work that munity that this facility has been opened in is done by groups such as Women’s Aid, which Tallaght. It is open to families from all over the recently made an impressive presentation to the country who are in need of a safe refuge from Joint Committee on Justice, Equality, Defence violence. and Women’s Rights. Women’s Aid, through its The members of Saoirse tell me that their goal national free phone helpline, provides what is to see the day that sufferers of domestic viol- amounts to a genuine lifeline to many abused ence are not forced to leave their homes because women. Its one-to-one confidential support and of the abuse perpetrated on them and where the advocacy service is vital. abuser should have to be accountable for his or The Commission for the Support of Victims of her behaviour. They are operating an outreach Crime provided \270,000 to groups, such as service for women in the community with whom Women’s Aid, who provide accompaniment they can work. services to women going to court in cases such as I wish to be sensitive about this subject. As is these. This type of service is absolutely necessary the case with my colleagues, many people who and should continue to receive the required fund- 1297 Private Members’ 28 February 2007. Business 1298 ing, as it is only when the victims are prepared to and Science has a key role to play in addressing go to court that the perpetrators can finally be the problem by including in its SPHE prog- brought to account for their dastardly and cow- rammes modules that address the culture of anger ardly deeds. One stunning statistic emerges when and violence, which can dominate some intimate considering this issue. Women who find the cour- partner relationship. age to report domestic violence against them are I commend the amendment to the House. 70% more likely to experience worse assaults in the aftermath of such disclosure. This inter- Mr. O’Donovan: I thank my Sinn Fe´in col- national statistic poses a real challenge that goes leagues for putting down the motion on this beyond politics and government to how society important issue. Society has changed for the can protect some of its most vulnerable members. worse in the past 40 years. My father had a say- Women’s groups have asked for the legislation in ing, “Whatever strife stirs abroad, there should this area to be strengthened. Notwithstanding the be peace at home”. Unfortunately this does not merits of the Domestic Violence Acts, there is resonate through as much as it used to. Despite considerable merit in the suggestion that the the high level campaigns in the media against legislation should be revisited in examining in domestic violence and the efforts of various detail how safety orders and barring orders are Departments, incidents of domestic violence applied so they may have more widespread have increased. application. While most cases of domestic violence are The Minister of State, Deputy Fahey, set out against women, it must be remembered that men the considerable work and variety of initiatives too can be victims, not often physically but engaged in by An Garda Sı´ocha´na in the battle emotionally. It must also be remembered that in against domestic violence. It is generally acknow- many cases of domestic violence, it can be the ledged that the force has a comprehensive policy emotional psyching out of a partner. The damage in place. Despite this, women’s groups have caused to the adult can be minuscule when com- reported that not all experiences are positive and pared to the effect it can have on children who the force’s pro-arrest policy is not always are exposed to it. Those who experienced viol- implemented. Equally worrying are the figures ence in the home as children are more likely to which suggest that while the incidents of domestic be violent and abusive in adult life. violence reported to the Women’s Aid Helpline In most towns, women’s groups are supported increased by 37% between 2003 and 2005, the through small grants from the Department of level of such reporting to the Garda decreased by Justice, Equality and Law Reform to provide a 35%. service at local level. Sheltered accommodation One key aim of the Government is to heighten can be found not only in Cork and Dublin but on public awareness of the dreadful crime of the Beara Peninsula or the Sheep’s Head domestic violence. We must strive to insure there Peninsula. is a consistently high level of awareness of the From my experience as a lawyer, 20 years ago problem within the Garda and an equally consist- the Judiciary’s skill and training in dealing with ent application of best practice in the area. It is barring orders, interim orders and so forth vir- worth noting that a 1999 Law Society report tually did not exist. In the past decade, a new found, perhaps unsurprisingly, that there was a breed of judges has come to the fore who are considerable variation among judges in their astute in handling situations of domestic violence. approach to aspects of this crime and the evi- In most cases, judges will not take a risk and grant dence they deemed sufficient to grant a protec- an interim order or a barring order quickly. tion order. I compliment the Garda Training College in Children who witness violence in the home are Templemore in the strides it made in training seeing, hearing and learning about violence. gardaı´ in handing domestic violence cases. Some Research has shown that children who see 25 years ago, gardaı´ called to domestic violence domestic violence in their life carry a greater risk situations did not know how to handle them. of being either a victim or a perpetrator of Recently, in a case in the Cork South-West con- domestic violence in their adult life, thus continu- stituency, the woman affected described the ing the cycle of domestic violence. Domestic viol- gardaı´ involved as understanding, knowledgeable ence causes a range of symptoms in a child, such of the law and how to deal with the abusing as poor interpersonal skills, low self-esteem, eat- partner. ing disorders, a reduction in cognitive ability and Despite all the moneys allocated to tackling the severe lack of sleep. Children can feel guilty, problem and all the training given to the Garda believing they are the direct cause of the violence, and Judiciary, unless the mindset that sees it as and can feel inadequate about not being able to acceptable in society changes, there will be no prevent the violence from happening. More pro- short-term solution to domestic violence. This can foundly, children in such circumstances can some- be addressed through education at both primary times resort to acts of violence themselves, and secondary level. Victims will often speak of through acts of aggression and bullying in and the shame and embarrassment of it and how they outside the school. The Department of Education were afraid to come forward. Forty years ago, 1299 Private Members’ 28 February 2007. Business 1300

[Mr. O’Donovan.] father, play a very significant part in whether he people thought domestic violence was acceptable. or she turns to drink or drugs. Therefore, parental In more recent years, through education, most role models and how we address or ignore issues people see it as unacceptable under any cir- are very important. I was very proud of the recent cumstances. Inishowen Women’s Outreach ten-year cel- Hopefully, arising from this debate, the issue of ebrations, proving how right they were to form domestic violence will be tackled further. and push for services. Their work, not only in a voluntary capacity but with the HSE, county Cecilia Keaveney: I wish briefly to add my council and gardaı´, means they are making very voice on this extremely serious issue. I agree with significant inroads into the issue. the amendment affirming that domestic violence Being honest, I said to them at the recent cel- is a heinous crime and a cruel wrong that affects ebrations that a small service in a local rural com- the safety and welfare of vulnerable people in the munity would not work and that people experi- home, including children. encing domestic violence would not come Domestic violence is much more prevalent forward with a problem at such a parochial level. than many people realise, unless they have them- I congratulate them now as then that they have selves been touched by it first-hand. Many believe proven me wrong. Statistics are there to back up that violence is seen in the form of broken bones the service, which is provided in a very rural area and bruising. As Chair of the Joint Committee of only approximately 30,000 people. From on Arts, Sport, Tourism, Community, Rural and January to June 2006, some 879 people used the Gaeltacht Affairs, I too have heard first-hand at helpline, with 204 repeat contacts and 250 its meetings the reality that such violence can be service-users. very subtle and go far beyond injuring spouses or I want mainstreaming funding for the service, partners physically on parts of their body exposed whose part-time support worker carries a very to public view. People often assume that if one heavy burden, despite a great level of volun- cannot see evidence on the victim’s face, it cannot teering, and it is dependent on annual financing. be happening. Such violence can consist of bully- They currently operate on approximately \ \ ing and intimidation, be verbal, psychological, fin- 23,000, when even 100,000 would be challeng- ancial, sexual or take some other form. It is all ing in the context of running the best service. geared towards undermining the confidence of Given the Minister of State, Deputy Fahey’s, the victim and exerting control. excellent work to increase the budget nationally, I wish to raise awareness of the fact that I trust that their case will be examined sympath- alcohol consumption contributes significantly to etically and fully endorse the value of their work. marital discord and related child welfare diffi- Alongside Letterkenny Women’s Refuge and the culties and domestic violence. The committee’s Rape Crisis Centre, they provide invaluable sup- recent report, The Inclusion of Alcohol in a port in our county and community. It is too bad National Substance Misuse Strategy, refers to the that we need a service to address domestic fact that one Irish marriage-counselling service violence. reported that problem drinking was the primary We must look to the causes of the problem and issue in up to 25% of cases each year. That cannot address the elephant in the living room, ie continue to be considered in any way normal or alcohol. I speak not of its use but of its abuse, its acceptable. place in our culture, in celebrations or commiser- ation, its infiltration through almost exclusive As an aside, I ask that the Minister inform his sponsorship of major and local sporting events, counterpart, the Minister for Justice, Equality and the reality of marriage breakdown, mental and Law Reform, that the family law backlog in health problems, accident-and-emergency statis- Donegal must be addressed. Current delays are tics, road deaths and so forth. I could go on for causing deeper anxiety, hurt and difficulties quite some time. where separations are contentious. I commend the bravery of those who come for- I do not want to come across as a killjoy, since ward and the voluntary work being done in I enjoy a drink as much as anyone, but alcohol is many areas. literally killing the joy in many houses through adults, and sometimes their children, abusing it. Mr. Howlin: I propose to share time with The nature of the information we received in Deputy McManus. compiling our report was quite staggering but is unfortunately not unusual. The suggestion that An Ceann Comhairle: Is that agreed? Agreed. violent alcoholic partners, usually men, might encourage their spouse or partner to drink and Mr. Howlin: I welcome the motion and con- thus allow the shame of alcohol dependence to gratulate the Sinn Fe´in Deputies for tabling it. lessen the other’s chances of leaving with the chil- The issue not only requires careful, thoughtful dren was a serious finding. suggestions such as those made in the motion but We will publish two more reports on 26 March. much broader debate, including in this House. It was very clearly seen that a child’s relation- The opportunity to debate this is extremely ships, particularly a girl’s relationship with her important, since it is one of the most important 1301 Private Members’ 28 February 2007. Business 1302 societal issues but is seldom aired sufficiently. relationship with the voluntary sector in dealing Those who can make an impact and achieve with domestic violence in general and violence change must hear the full consequences of what against women in particular. The council came up is happening. with a ten point plan and I will outline some of Domestic violence is a simple phrase, but it has its elements to the House. It called for the a truly horrific meaning and impact for thousands immediate funding of front-line services to ensure of Irishwomen, as well as men and children. I was that all women in Ireland, and all men, who are interested in Deputy O’Donovan’s comments on victims of sexual violence can access appropriate the good old days. They were not all that good, services. These include national telephone hel- and at least now the domestic oppression of plines, supported advocacy services, counselling people is much more visible. Previously, women on rape and sexual assault and, very importantly, in particular thought it their lot to be beaten, court accompaniment. Being a victim is often the abused, and relegated to second-class status. loneliest position in Irish courts. The accused has Often, their abuse was not only from husbands, legal representation and the State is obviously since children were taught to have less than full well represented in presenting its case, but the respect for their mothers. victim often does not have the required support. In recent years we have made important The council also called for the provision of strides, but we have a long way to go. Domestic refuges as an essential specialist intervention for violence affects women especially, but that is not individuals — men, women or children — fleeing exclusively the case, and there are various types the perpetrators of domestic violence. It has of violence. Emotional and psychological viol- called for the ending, as a matter of urgency, of ence can on occasion be even more damaging and reliance on bed and breakfast provision as a oppressive than a physical blow. The facts laid response to domestic violence. Women and chil- out in the motion are genuinely shocking and dren should not be required to stay in bed and demand a careful and comprehensive response, breakfast establishments, following which they particularly when one thinks of women dying are expected to walk the streets during the day- violently. Some 126 women have been violently time. That is not an adequate response. killed since 1996. Some 81 were killed in their The council called for the scope of the National own homes, and just under 50% of victims whose Domestic Violence Intervention Agency to be cases were concluded were killed by their partner expanded from the current pilot programme to a or ex-partner. sustained nationwide programme ensuring inte- That is frightening, but the facts laid out in the gration and co-ordination of agency interventions motion are not the end of the story. I will add in domestic violence with civil and criminal some more disturbing statistics. One in six sur- justice systems, and the application of best inter- vivors of sexual violence will become an inpatient national practice. It is shameful that we came in a psychiatric hospital at some point. In con- close to having that agency’s pilot programme trast, the figure is one in 46 among those not to closed down. Thankfully, however, some measure have been sexually abused. Compared with 20 of relief has now been given to allow the agency other European countries, Ireland has the highest to continue its important work. number of cases of sexual violence such as rape The council called for the expansion of dedi- falling out of the system before adjudication by cated statutory services, including specialist viol- the courts. In 2005, some 25,843 calls were made ence-against-women social work interventions, to the Women’s Aid national helpline. However, sexual assault treatment units or SATUs, and the the organisation was unable to respond to 10,000 application of SATU best practice guidelines. of them owing to a lack of staff and resources. We need to address the power and resource In 2004, some 1,144 women and 1,333 children inequality that currently exists in the criminal fleeing domestic violence were refused emer- justice system between plaintiffs and defendants gency refuge accommodation in the Eastern in cases of rape and sexual assault, through com- Health Board region alone owing to a dearth of prehensive reform of the legal system. We need facilities. These statistics are from the Women’s to have appropriate training in dealing with cases Aid Safety and Sanctions report. Research has of violence and sexual assault against women for found that only between 1% and 6% of domestic members of the Judiciary. The same training violence offenders in Ireland receive a prison sen- should be provided to court staff as is currently tence. That means that between 94% and 99% of beginning to be provided to garda cadets. We such violent offenders never see the inside of a need to address the issue of vulnerable sectors of prison cell. General racism and discrimination the community, including Travellers, immigrants, against Travellers constitute a significant barrier ethnic minorities and the disabled who are often to Traveller women accessing support services. victims of sexual violence. They should always be We must be cognisant of that fact and do some- provided with the necessary support so that, in thing about it. What can we do about such issues? the first instance, they can reach out for help. The motion outlines some courses of action. This is particularly the case for people who suffer I am indebted to the Labour Women’s from any intellectual disability. Such supports are National Council for their work. It has a close haphazard at present and need to be strength- 1303 Private Members’ 28 February 2007. Business 1304

[Mr. Howlin.] dangerous. It will have a long-lasting generational ened and provided as a matter of form. We need impact. We know that children model their a dedicated integration and support funding behaviour on what they learn from the domestic mechanism to resource the application of a environment in which they grow up. Almost one national strategy. I understand that a national in five Irish women experience domestic violence women’s strategy is to be published shortly but at the moment. It occurs in all socio-economic all its elements should be properly and groups and is not restricted to any particular adequately resourced. class. It is not just about physical violence The ten-minute slot allocated to me is because there are various forms of psychological extremely limited and inadequate to begin to do abuse and terror tactics that can be very frighten- justice to an issue of national importance. We ing. In such cases, even though no marks are left should all be cognisant of the sometimes silent on the body, the psyche can be damaged and suffering of many thousands of our citizens people are vulnerable as a consequence of multi- trapped in abusive relationships, in households faceted abuse that often characterises domestic were they feel economically vulnerable and violence. cannot reach out. Bolt-holes for such people must In the 1980s, I was one of the founders of the be resourced so that in every community refuges Bray women’s refuge. In those days, there were are provided to which people — predominantly no such refuges, apart from the one in Dublin. women, but sometimes men — can flee with The Bray refuge was established by women sup- children. porting other women, without necessarily having This is a wake-up for the Oireachtas to deal any resources to back up what we were doing. with the issue as a matter of urgency and priority. We were not professionals but we understood the From the Labour Party’s perspective, I make a desperate need for such a refuge. We also had a public commitment that these issues will be high plan to make the refuge redundant, whereby at on our agenda, not only in the run up to the next some future point there would no longer be a election but also, hopefully, when Labour forms need for it in Bray. Far from reaching that goal, part of the next Government. we now have a refuge that is highly professional, well resourced, and bigger and better than any- Ms McManus: I thank Deputy Howlin for shar- thing we could have provided. Regrettably, ing his time slot. I will begin with a quote from however, it is not big enough. The Bray refuge Women’s Aid in the report of the Women’s has to turn away more people than it Health Council, as follows: accommodates. The problem continues therefore and, if any- Violence against women in the home is a thing, the complexity of the issues involved is complex issue which is deeply rooted in gen- growing. The growth of the Internet has brought der-based power relations. It is socially con- risks, particularly for children. In discussing structed and reinforced by cultural, economic domestic violence, we must also acknowledge the and social factors. Any systematic attempt to issue of violence against children, their sexualis- eliminate violence in the home therefore must ation at a very early age and the extent of viol- be multi-dimensional and address the issue at ence in pornography, all of which feed into a cul- different levels. ture of violence and aggression that can be That statement clearly calls for a strategic and damaging to vulnerable people, particularly comprehensive Government response. The women and children. People are shocked at the Government, however, has taken a rather curious recent allegations about a paedophile ring and a approach which is not solely related to this issue. 14 year old boy. Senator Kathleen O’Meara on It governs for five years and then sets about pub- her concerns said: lishing a strategy when it is going to the people. In this technological age, in the era of the The Government did that on health in 2002, just internet, mobile phones, text messages and e- before the last election, producing what turned mails, parents feel their children are extremely out to be a fairy-tale fabrication of a health vulnerable to the approaches and advances of strategy. It now looks as if it will do the same abusers. In such a climate the under-resourcing concerning the national women’s strategy, of the Garda central vetting unit to examine whereby just before the election such a strategy the suitability of all those in the public service will be published, hey presto, by the end of to work with children, whether it be with the March. That is a cynical approach and I hope that very young in child care facilities or teachers at this time around, the electorate will understand primary and secondary level is unjustifiable. that it is nothing more than window dressing. Weo have a serious issue of domestic violence I ask that this matter be addressed speedily to in Ireland and the statistics have been well aired allay the fears of many parents regarding the risks by other speakers. Despite additional funding — to which their children may be exposed. and I acknowledge there have been improve- It is clear, on considering the provision of ments in that regard — we still have a core level refuges around the country, that there is not of domestic violence that is unacceptable and sufficient capacity and that the problem is further 1305 Private Members’ 28 February 2007. Business 1306 exacerbated by the fact that the housing situation commend the Sinn Fe´in Members in the Da´il on is chronic. Thousands upon thousands of people bringing forward this excellent private Members’ are now waiting for social housing and people motion. I also wish Deputy O´ Caola´in well as he who may be at risk of violence are afraid to leave is recovering from a serious illness. the family home because they know there is Domestic violence, assaults on women, assaults nowhere for them and that the world is very cold on children and families in crisis are huge issues. in terms of providing for them. This adds to the The situation is serious and seems to be getting fear and lack of safety people feel. worse with alcohol abuse and the use of drugs Deputy Joan Burton, who chairs a steering compounding the problem of domestic violence. committee to establish a refuge in Dublin 14, The level of violence is high and we must address asked me to point out that it is an area with a the issue of assaults on mothers and children. population of almost 100,000 people that does not In 2004 there were 4,079 reported cases of chil- have a refuge. Apparently some progress has dren at risk. Of these, 267 cases of physical abuse been made in this regard but it is important that were confirmed, 213 cases of child sexual abuse the practical facility is provided to ensure that were confirmed, 339 cases of emotional abuse places are there when people need to run. were confirmed and 596 cases of neglect were I pay tribute to the Labour Women’s Council confirmed. This means a total of 1,415 children for producing a major document, in terms of ana- were confirmed as abused in 2004 and that is a lysing the problems and outlining the solutions very high number. At the moment we expect chil- concerning domestic violence and the provisions dren from violent, dysfunctional families to that need to be made. The document makes an behave normally and attend school every day. interesting point in highlighting the changing pro- Young children who witness violence may grow file of women at risk. Immigrant women are up to carry out violence on their own families and particularly at risk in the sex industry — a nice partners. I urge the Government to wake up to term to describe the exploitation of women. this reality. Large numbers of immigrant women are involved As the private Members’ motion indicates an in prostitution in Ireland and men are making a estimated one in five Irish women experience great deal of money from the business. Women domestic violence at some point in their lives. Of are vulnerable around the world, for example in 106 women killed since 1996, 81 were killed in India where millions of women have gone miss- their homes and just less than 50% of victims ing. Baby girls there may not survive due to neg- whose cases have concluded were killed by a part- lect or they may be killed. Female babies are at ner or ex-partner. More than a third of all calls a great disadvantage because they happen to be to the Women’s Aid national phone helpline in female. I pay tribute to Tro´ caire for raising the 2005 went unanswered due to inadequate fund- fact that gender inequality globally is often a ing. That is also a serious matter and I urge the matter of life and death. Government to address it. It is important to point out that it is not only This motion gives us an opportunity to thank women who are victims of domestic violence; the foster parents of Ireland who are doing mag- men also experience domestic violence. In some nificent work with children at risk and children ways men are particularly vulnerable because from dysfunctional families. They have saved they may be shut off from their children if they many children from jail, drug abuse and alcohol leave the home and this may not apply to abuse in later life. Foster parents provide stable mothers. ACCORD, the marriage support organ- families and warm homes and this work is very isation, analysed this issue and found that, while important. women were subjected to more extreme forms of I urge all Deputies in the House to support this physical and psychological abuse, men too can be motion and urge the Government to address its victims of domestic violence. ACCORD pointed contents and implement its sensible ideas. out that frequently domestic violence is a mutual matter in a marriage. Mr. J. Breen: The rate of domestic violence is We must reduce the level of violence regardless clear in these alarming statistics: one in every five of whether the victim is a woman, a child or a women and one in every 15 men, experience man and we need to see practical measures to domestic violence. Yet the offices of State remain ensure that when domestic violence is experi- mostly ineffective in combatting the issue. The enced there are places for victims to run to. fear factor and shame factor felt by victims of domestic violence, the lack of awareness regard- An Ceann Comhairle: I call on Deputy Finian ing help available, the under funding of aid agen- McGrath and understand he will be sharing time cies, the lack of specialist training for gardaı´ and with Deputies James Breen, Gregory, Cowley, the need for continued training and information Healy, McHugh and Cuffe. seminars for members of the Judiciary are all symptoms of this national disease. Mr. F. McGrath: I thank the Ceann Comhairle In County Clare, which has a population of for affording me the opportunity to speak on this more than 110,000, the District Court has one important motion on domestic violence and I specific day per month to deal with family law 1307 Private Members’ 28 February 2007. Business 1308

[Mr. J. Breen.] where. So-called gangland gun crime seems to cases which include hearings for protection obsess everyone while the most appalling sexual orders, safety orders and barring orders. We are crimes are not given the necessary emphasis. If fortunate that, through the goodwill of the Dis- they were to become a focus of attention, perhaps trict Court judge, cases are heard before normal a more proactive approach would be taken court business on other court days. The need to towards introducing many of the measures and allocate extra days for the full hearing of family steps outlined in the motion. law cases is urgent, as is the need to appoint spec- On the issue of sexual violence against women, ific judges to hear such cases. in a Garda district in my constituency the Equally important is the proper funding of recorded crime of rape increased by 50% during agencies for the victims of domestic violence and 2006. This rise, which was much higher than the an increase in the number of refuge homes avail- national average, barely received a mention in the able. In 2006 Clare Haven House gave refuge to national media, whereas gun and drug crimes 118 women and 96 children. It had 399 drop-in receive constant blanket coverage and an unend- support visits and 150 visits to outreach clinics in ing litany of measures are introduced in response Shannon, Kilrush, Scariff and Ennis. Clare Haven to them. House received 725 telephone calls seeking help I note the motion highlights the variation in yet the centre is hugely reliant on the goodwill of Garda practice, even within Garda stations. This part-time staff to work nights and weekends. is a serious issue which often dissuades women While the funding received from the Health from making complaints. I remember being Service Executive and Department of the Envir- present in a Garda station in the early hours of onment, Heritage and Local Government, is wel- the morning when a distraught and battered come, it must be increased to provide ongoing woman entered seeking Garda assistance. The training of staff and to improve facilities. response of the garda, in my presence, was to ask When victims of domestic violence work up the woman if her husband had taken a few drinks sufficient courage to seek help from the Garda and if she would not wait for an hour or two Sı´ocha´na they need proper information and sup- before returning home as her husband might then port. Too often, they are simply referred to Dis- be sleeping off the drink. Although it was pat- trict Court offices. Specialist training of gardaı´ is ently obvious that she was terrified and had been necessary so that victims receive all the help they brutally attacked, this seemed to be swept aside require. Too many gardaı´ are not aware of the because the assailant was her husband and had difference between protection, safety and barring taken a few drinks. It was only when I intervened orders and the criteria required to secure them. that the attitude of the garda in charge in the While applications for protection orders, which station changed. This incident took place some act as an interim order pending the hearing of an years ago and I expect an entirely different application for a further order, have a high rate of approach would be taken these days. I often won- success, barring and safety orders are much more der how many women continue to suffer silently difficult to acquire. Between 2000 and 2005, 88% because they have had a similar experience in the of protection order applications were granted, past and still believe they will not receive the whereas only 44% of barring order and 41% of necessary level of support from the authorities. I safety order applications were successful. Often support the motion. the refusal was based on the applicant not meet- ing the criteria required. Mr. Healy: I support the motion and compli- To bar a person from his or her own home is ment Sinn Fe´in Deputies on tabling it. I have a an extremely serious matter but to refuse an particular interest in the area of domestic viol- application when a couple is not married or has ence, having been associated with a service for not lived together for a sufficient period, rather victims of domestic violence since the early 1990s. than hearing the reasons the order has been While mayor of Clonmel, I became a patron of sought in the first instance, is shameful. The law Cuan Saor, the main organisation providing needs to be changed immediately to reflect trends services for victims of domestic violence in south in modern society. Tipperary. I have been associated with it ever since and I am currently a director of its board. I Mr. Gregory: I support this important motion compliment and thank everyone working in Cuan on domestic violence and sexual violence gener- Saor, including its chairperson, Kaye Hyland, and ally. The motion is most comprehensive and her board, and the manager of services, deserves the support of all Members of the Geraldine Mullane, and her staff who do an House. It is a sad fact and a blot on society that excellent job in difficult circumstances. violence against women in the home is a wide- Cuan Saor provides a full range of services, spread and serious crime which is not given the including a helpline, counselling, outreach priority or attention it requires. Crimes of sexual services, court accompaniment and advice and violence, despite their rising incidence and guidance. We also provide a refuge which was increasingly horrific nature, do not receive the established in 1998-99. Domestic violence focus they deserve, either in the media or else- services require serious levels of funding and 1309 Private Members’ 28 February 2007. Business 1310 resources. In the past four to six weeks, Cuan helpline is provided. Such a helpline can be a Saor has been carrying out an assessment of the lifeline. services we have provided over the years and is Having overcome that first step, there must be drawing up plans for the service we will provide a comprehensive support system in place for vic- over the next three years. At every hand’s turn tims. However, there is also a shortage of refuges, in this process the absence of sufficient funding, which are vital if victims are to escape from the resources and staff to provide an adequate service home and, consequently, the violence they have to people in south Tipperary who have been experienced. The statistics require no further affected by the crime of domestic violence has analysis. What is needed now is positive action. emerged. One of the points made in the motion tells us Mr. Cuffe: Domestic violence continues to be all we need to know, namely, that in 2005 more one of the most insidious and complicated forms than one third of all calls to the Women’s Aid of violence in contemporary Ireland. It is esti- national telephone helpline went unanswered due mated that up to one in five women has experi- to inadequate funding. I plead with the Minister enced domestic violence in some form on the part to provide proper funding for domestic violence of a current or former partner or husband. services, for which funding has effectively been Domestic violence is by no means the preserve of capped since 2002. We need to modernise one social or economic grouping in society. services and properly fund and resource them. Rather, it affects women from all walks of life. Research shows that the criminal and civil justice Mr. McHugh: I compliment the Minister of systems consistently fail to recognise the com- State at the Department of Education and plexities of domestic violence, address the safety Science, Deputy Haughey, on his appointment. of victims or hold offenders accountable. This is the first time I have seen him in the The Minister of State, Deputy Fahey, Chamber since he took office. announced yesterday that a national agency to This is a welcome debate of the utmost import- combat domestic violence is in the offing. This ance and I thank Sinn Fe´in for tabling the motion. national agency will purportedly It is important because victims of domestic viol- 8 o’clock incorporate all the offices and agen- ence, by and large, feel unable to highlight the cies involved with domestic violence, issue. The home is where people expect a degree thus ensuring a well co-ordinated Government of security and believe they are among friends. It response to the problem. Layers of bureaucracy is, therefore, chilling to realise that the violence have been established in the past ten years to deal under discussion occurs in the home. It is startling with this issue, including the establishment of the that statistics suggest that one in five women in taskforce on violence against women and the Ireland experience domestic violence. Lest the national steering committee on violence against debate be focused on one gender, it is important women. Why not put funding into the desperately to recognise that men and children also experi- needed front-line services such as refuges rather ence domestic violence. than create another layer of bureaucracy? As noted in the motion, gardaı´ recorded an This announcement smacks of electioneering. average of 23 incidents of domestic violence daily Why does it come only two or three months in 2003 compared with an average of 11 other before a general election? The Government had assaults recorded daily. This statistic indicates the a decade to make this a priority issue but it failed extent of the problem. Given the magnitude of to do so. The announcement flies in the face of domestic violence and the sensitivity with which the attitude of the Minister for Justice, Equality it is bound up, it is vital that resources, structures and Law Reform one month ago when he refused and supports are provided to adequately address to secure the funding of the National Domestic it. Regrettably, this is not the case. Violence Intervention Agency, NDVIA. The It is disgraceful that one third of all calls to the agency’s future hung in the balance for weeks as Women’s Aid national telephone helpline went a result of sheer Government disinterest. It was unanswered due to inadequate funding, especially only when the NDVIA was on the verge of clos- when one considers that in many cases the advice ing its doors and thus generating bad headlines given over the telephone by properly trained per- that the Minister and the Minister of State, sonnel can be invaluable. Many of those who Deputy Fahey, took any action. The Govern- experience domestic violence suffer in silence, ment’s failure to intervene until the 11th hour was often due to the perceived shame that attaches to a clear indication of the total lack of commitment this form of violence. Many people may be to providing care and assistance to those affected unable or unwilling to walk into a refuge as a first by domestic violence. step and, therefore, require a process of steps. Statistics show that calls made to the Women’s Making a telephone call can be that vital first step Aid helpline increased by 30% between 2004 and on the road to dealing with the problem. Some 2005 and that more than 10,000 calls were not victims may not be physically able to make the answered. That is a horrifying statistic. A severe journey to a centre. For these reasons and more, shortage of safe accommodation for vulnerable it is vital that a properly resourced, fully efficient women and their children is a major problem. 1311 Private Members’ 28 February 2007. Business 1312

[Mr. Cuffe.] 1991 and a significant code of Criminal Justice The refuges in Bray and Rathmines, for example, Acts. The courts have full powers under the Child must cope with all the cases for south Dublin. Care Act to make such directions as they see fit There is nowhere in Du´ n Laoghaire for women as to the care and the custody of the child. The to go. It is an appalling statistic that more than courts may also make a supervision order under 500 women and 1,000 children sought refuge from the 1991 Act in respect of the parent of the child, domestic violence last year in the Dublin area pending any investigation. This power of the alone. courts exists under the 1991 Act, regardless of The Green Party strongly supports the work of whether proceedings are taken under the the National Domestic Violence Intervention Domestic Violence Acts. In proceedings under Agency pilot project based in Du´ n Laoghaire. the Domestic Violence Acts, the court has power The agency works in conjunction with the Garda of its motion or on the basis of an application to Sı´ocha´na, Courts Service, probation and welfare make orders under the Child Care Act. service, Health Service Executive and the The Government recognises the seriousness of Department of Justice, Equality and Law the problem of domestic violence and has, there- Reform. We must have a strong inter-agency fore, substantially increased funding provided to response to domestic violence that places the the sector. In the past ten years, funding to front- safety of victims and their children as paramount. line services provided through the HSE has more This scheme should be in receipt of multi-annual than tripled. I noted the concern expressed about funding and should be rolled out throughout the the Women’s Aid helpline, which provides an State on a phased basis. invaluable service to women experiencing viol- It is important to recognise that men also suffer ence. While 2007 funding for Women’s Aid is still domestic violence at the hands of women. The under discussion in the HSE, its interim funding statistics are available in this regard. However, was increased by an additional \69,000 to ensure the bulk of the violence that takes place in a the helpline can be fully staffed immediately. domestic setting is against women. It typifies the Funding from the Department of the Envir- male dominance in Cabinet that multi-annual onment, Heritage and Local Government to local funding has not been provided for domestic viol- authorities for accommodation specifically for ence as it is for major infrastructural projects. victims of domestic violence, including refuges The statistics speak for themselves. In the past and transitional accommodation, has doubled ten years, more than 100 women were murdered since 2002 to \2.2 million in 2006. in Ireland, the vast bulk of them in their own There has been a sevenfold increase in the past homes. In those cases that have been resolved, all five years for the awareness-raising and per- were perpetrated by a man and almost half by the petrator programmes of the Department of victim’s partner or ex-partner. There is no time Justice, Equality and Law Reform to exceed \2.1 to waste. This is an issue that must be dealt with million in 2007. Crucially, the Government made without delay. a commitment to continued funding to tackle domestic violence in the national development Minister of State at the Department of Justice, plan for the period 2007 to 2013. Equality and Law Reform (Mr. B. Lenihan): I Law courts throughout the State allow people thank all Deputies for their contribution to this to have their cases heard in their own locality. debate on violence against women. Everyone Separate family law suites, which include smaller who spoke made it clear that domestic violence is and more informal courtrooms, separate waiting a horrible crime. The Government fully recog- areas and private consultation rooms, are pro- nises the vileness of this crime, which can damage vided or will be provided in courthouses in all victims both physically and emotionally and leave major towns to enable family law business to be them living in fear. Society is also damaged by transacted with the sensitivity it requires, in this crime because its victims are robbed of their private and in confidence. There are occasional ability to participate fully in their community and difficulties in providing these additional facilities to achieve their full potential. in some courthouses due to the constraints The harm carries down the generations. imposed because a particular courthouse forms Research published last year by the children’s part of the architectural heritage of the State and research centre in Trinity College, Dublin, work- is listed for preservation as such. As part of the ing with Mayo Women’s Support Services, gives courts building programme, victim and witness a stark picture of children living in violent homes rooms are provided either on a dedicated basis and the damage done to them and to their or on a day-of-use basis depending on the space relationships unless help is sought and given. Sev- available. The room provided is away from the eral Members observed that children are partic- main public areas. ularly vulnerable to the consequences of As outlined by the Minister of State, Deputy domestic violence. Fahey, last night, a comprehensive range of crimi- The Government recognises the harm done nal justice sanctions is in place to tackle domestic and provides protection under the Domestic violence. Contravention of any order under the Violence Acts 1996 and 2002, Child Care Act Domestic Violence Acts is an offence and subject 1313 Private Members’ 28 February 2007. Business 1314 to sanctions of a fine or imprisonment or both. existing services. To meet the needs of women The Garda has necessary powers of arrest with- who are particularly vulnerable because of their out warrant to deal with cases of domestic ethnic minority status, the Department of Justice, violence. Equality and Law Reform has provided funding The role of the Garda in responding to to the Immigrant Council of Ireland to develop a domestic violence was raised by several Deputies. forum on domestic violence for migrant women Members of the Garda Sı´ocha´na are trained to and to the Women’s Health Council to research the highest standard in dealing with incidents of migrant women’s experience of domestic violence domestic violence. All gardaı´ receive initial train- and provide principles of good practice to service ing on the investigation of cases of domestic viol- providers. Funding has also been provided to ence. Core programmes on violence at the Garda Women’s Aid and groups providing local and in-service training schools cover causes and regional services to produce leaflets and posters effects of crimes of violence on women and chil- in minority languages to raise awareness of the dren, domestic violence, forensic evidence in issue of domestic violence and the services avail- crimes of violence against women and children, able to women from migrant communities. interviewing victims of crimes of violence against Several Deputies have referred to the situation women and children and all relevant legislation. of the National Domestic Violence Intervention This training is provided by experienced Garda Agency. I make it clear that following the receipt personnel, assisted by other professionals, such as of the final report of the completed pilot project psychologists, doctors, social workers and experts at the end of January 2007, further funding for from the various non-governmental organis- the project on an interim basis was agreed by the ations. Garda training addresses issues particular Department of Justice, Equality and Law Reform to the investigation of cases of domestic violence, and the NDVIA. The aim of this local pilot pro- assisted by appropriate professionals and recog- ject was to develop an integrated response to nised experts. domestic violence. Analysis of the findings of the The Garda has a written policy on domestic project is taking place in the context of a major violence intervention to direct it. The decision to policy review in the Department to see how such arrest is not down simply to the stated wishes of an approach may be progressed on a nationwide the injured person upon arrival at the scene. The basis. policy recognises that the victim is in vulnerable In light of the complexity of the issue and the circumstances. Any evidence of fear or harass- number of different agencies involved, the ment is brought to the attention of the court in Government established the National Steering the event of a bail application. The Garda role is, Committee on Violence against Women in 1997 in a sense, to put officers between the power and to facilitate a multidisciplinary and co-ordinated dominance of the offender and to seek to break response from the State and the voluntary sector. that hold over the victim. This domestic violence Under the chairmanship of the Minister of State, policy is an integral part of Garda training and is Deputy Frank Fahey, the committee comprises reinforced continuously. Feedback shows that it those Departments and agencies charged with is very well regarded nationally and inter- responding to the issue as well as representatives nationally and has made for an improved from a wide range of non-governmental organis- response. Notwithstanding this improvement, the ations working with women who have suffered Garda has been involved in a major review of its violence. The Department of Justice, Equality features, with a view to modernising and improv- and Law Reform has commissioned a new stra- ing them further. tegic action plan for the NSC to take account of The Garda Sı´ocha´na domestic violence and developments since it was established and the sexual assault investigation unit has a national progress that has been made. The NSC is now role and it collates all incidents of domestic viol- considering the final draft of the plan together ence in the State. The Garda is also represented with the recommendations of its own advisory at inspector level on each of the regional planning group on the plan. committees on violence against women. As a result of this work and consultation, we The Commission for the Support of Victims of can look forward to proposals being brought to Crime, which comes under the aegis of the Government shortly on the establishment of a Department of Justice, Equality and Law dedicated office that will ensure the development Reform, gave funding last year of \304,000 for of a well co-ordinated integrated response from court accompaniment services to groups provid- all the Departments and State agencies to viol- ing support to women experiencing domestic ence against women. violence. Deputy McManus suggested that the vetting Experience over the past ten years has shown unit now based in Thurles is not working in the that certain groups in society are not always well- context of rolling out the vetting plan for those served by the mainstream responses. There is a with unsupervised access to children. The decen- growing recognition that these groups may have tralisation to Thurles has been a great success to requirements that are not taken into account by date, with a huge demand to work there, and the 1315 Private Members’ 28 February 2007. Business 1316

[Mr. B. Lenihan.] Department of Health and Children. These phased roll out of vetting to all sectors with groups are supposed to work on the front line to unsupervised access to children is now well under help victims but end up spending their time chas- way. Historically, the health sector was always ing down different Departments looking for covered by the operation of the vetting unit. It mixed funding. The Minister of State, Deputy was extended to cover education in the autumn Frank Fahey, last night announced his intention of 2006 and is currently being extended to other to establish a domestic violence office. This is a sectors. welcome development but if this office is to be a The Government will continue to promote a success it must be given the statutory responsi- comprehensive strategic approach to the matter bility to handle funding allocations from all of violence against women and our counter- Departments on a multi-annual basis with the full motion is indicative of that approach. The budget allocated. Government supports strong civil and criminal Funding to front line services has been capped law measures, dedicated administrative measures, since 2002 — my party regularly calls for that cap a whole of Government approach and is provid- to be lifted. What possible basis was there for ing substantial extra funding on all fronts in 2007. capping funding to the domestic violence sector during an era of successive budget surpluses? Mr. Crowe: Last night it was pointed out that Was there evidence that domestic violence was there will be 35 assaults before a victim makes a no longer an issue? Clearly not. Was there evi- report to the Garda. The victims often say they dence that services were meeting the demand? feel trapped, helpless, ignored, abandoned or at a No. It was an unjustifiable decision on the part of loss. They feel they have nowhere to go and are this Government and while I welcome the \4.5 ashamed. They say, “He does not mean it, he million for 2007, more money is needed. Budgets really loves me and the kids. I probably provoke must be guaranteed to develop front line services him”. There are others who say nothing while the in future. abuse continues. I have an image in my head of a woman who came to me, telling me of her partner Mr. Morgan: The Government’s case for its putting a pillow over their child’s face and saying amendment was particularly weak. The amend- that if she reported him for abuse, he would kill ment and the speeches from the Government side her and the children. She contacted me to seek of the House do nothing more than note, wel- support from the Garda but the Garda said it did come and commend measures that clearly fall far not have the resources. She was told to lock her short of what is needed. The Government offers door and contact the Garda if there was a no concrete commitments, other than the possible problem. prospect of an office within the Department of Our motion calls on the Government to priorit- Justice, Equality and Law Reform. I welcome, ise and guarantee core funding to front line however, the Minister of State’s announcement services for domestic violence on a multi-annual last night of his intention to establish a new office basis to allow for the strategic development and to deal with domestic violence. I hope this is not delivery of services. If we can deliver that then merely another election promise that will not be victims may no longer feel trapped, helpless, delivered. ignored or abandoned, they may feel like they Why must the Government wait for a Sinn Fe´in have somewhere to go or someone to talk to. motion on domestic violence before announcing The Tallaght based domestic violence refuge, the possibility of a new co-ordinating mechan- Saoirse, took 13 years to develop from an idea to ism? I question what meaningful effect it could a front line group working with victims of have, in the absence of the other reforms and domestic violence. When it was established, it was resources called for by us. agreed that the HSE would pay staff salaries and I welcome the support of the rest of the Oppo- the local authority, South Dublin County sition for our motion. It seems the Government Council, would pay day to day costs, including parties are refusing to stand with all other parties heating and lighting on a quarterly basis and in in this House to tackle the grave issue of domestic advance. The first payments were made from violence which is an ongoing nightmare for so January to November 2006 and nothing has been many on this island. I would like to respond com- paid since. This refuge is currently helping six prehensively to many deficiencies in the Govern- families and it should not have to wait for day to ment’s explanation and its stubborn refusal to day funding. It should also not have to wait support Sinn Fe´in’s motion. However, given the months for the HSE to supply the house with a time available to me I will address just a few. In medical card. his contribution this evening the Minister of The majority of funding for domestic violence State, Deputy Brian Lenihan, told us “The Garda services comes from the Department of Justice, has necessary powers of arrest without warrant to Equality and Law Reform, the Department of deal with cases of domestic violence”. That is Social and Family Affairs, the Department of really newsworthy — what a revelation. His con- Community, Rural and Gaeltacht Affairs and the tribution was a rehash of what the Minister of 1317 Private Members’ 28 February 2007. Business 1318

State, Deputy Fahey, told us last night when he One of the greatest barriers to victims — by outlined the provisions of the Domestic Violence which I mean women and men — of domestic Acts without acknowledging any of the agreed violence preventing them from freeing them- shortcomings of these Acts. The Government is selves from their current situation is the shortage in denial. In refusing to support our call to of accommodation places. We are in a housing address the limits imposed by residency require- crisis and have been for years. However, even ments in those Acts he cited “legal difficulties” as with the national obsession of debating that crisis, his excuse. This recommendation has not come discussing house prices and giving air time to from us or from Women’s Aid alone. It is a economists offering their take on whether recommendation that was made by the Law interest rates will rise, the specific accom- Reform Commission which comprises some of modation and housing needs of vulnerable the country’s leading legal experts. groups, and particularly victims of domestic viol- He stated the Department and its agencies ence, do not feature. The needs of these victims, make the protection of barring orders available just like the crimes against them, are banished to to women who experience violence, but he made secrecy, behind closed doors. no effort to mention or explain the huge variance In a recent submission to the Joint Committee in the granting of these protection orders, from on Justice, Equality, Defence and Women’s 28% in the Dublin region to 70% in the northern Rights, a representative of Women’s Aid high- region. The Government is in denial. He cited the lighted the shortage of refuge accommodation, existence of the Garda Sı´ocha´na’s domestic viol- saying “Whether there are services available ence policy — as did we in our motion — and the depends on the part of the country in which one various lectures they receive on the issue. lives”. Is that not a sad reality? Calling for an However, he failed to explain or even acknowl- increase in the amount of transitional and emer- edge the variation in Garda practice that exists in gency spaces, a representative of One Stop Shop, reality. I agree with the Minister of State that the Cork elaborated further, saying there is a decided reasons for not reporting are complex. However, lack of second-stage housing and refuge spaces, the reasons he cited centre exclusively on the sub- making private rented accommodation the only jective view of victims of their own situation. He available option. That group also noted the does not acknowledge that poor Garda practice unsuitability of this situation, given that rent and judicial response also influence rates of allowance ceilings have not kept pace with reporting. The Government is in denial of its inflation, thus making “homelessness a stark responsibilities. The Minister of State should live possibility”. Local authorities have responsibility up to his responsibility and acknowledge it. for provision of housing for households unable to People often ask why the victims of domestic provide accommodation from their own violence do not just leave — as if it were that resources, with only negligible support from the simple. A great number of factors contribute to Department of the Environment, Heritage and women staying in abusive relationships, some of Local Government. People have a right to hous- which have been identified by our motion. Not ing and that includes victims of domestic violence. least of these is the international finding that a A statistic given earlier in more than one con- woman is 70% more likely to be raped, severely tribution is worth repeating because of the sheer assaulted or murdered after she accesses the legal scale of the problem. It is estimated that one in system and attempts to leave her abuser. It is every five women will experience domestic viol- essential that all factors, once identified, be recti- ence at one time or another. There are 18 fied. Earlier this evening I heard a Government women’s refuges in the State across 16 counties. backbencher refer to this statistic. However, Their total capacity is 454 beds, which will cater unfortunately it did not move him enough to for just 111 women and 353 children at any one commit to vote constructively on the issue as, I time. There is a drastic shortage of refuge accom- am sure we will find in ten minutes time. modation for women who have been forced to Research shows that domestic violence is a leave the home due to domestic violence. In 2001, cross-class, issue. It does not occur more in one some 1,104 women were refused accommodation socio-economic group than it does in another. in the three women’s refuges in the eastern region However, disadvantaged groups and women in alone. Very often those refused are forced to stay poverty face increased barriers because they may in emergency accommodation. have fewer options in terms of having a place to Studies carried out on behalf of the Homeless which they can escape after they leave the abus- Agency have concluded that the use of bed and ive relationship. Very often leaving an abuser can breakfasts and the increasing length of time that result in severe poverty and disadvantage. Like- victims live in them is unacceptable. Living in a wise economic bullying and control of finances bed and breakfast means living in overcrowded can go hand-in-hand with domestic violence and and grossly inadequate accommodation. I am victims who may appear affluent may still face sure the Minister of State, like the rest of us in serious financial barriers to leaving. We all know the House, has dealt with such cases. I recently of such cases. dealt with the case of a mother with three chil- 1319 Private Members’ 28 February 2007. Business 1320

[Mr. Morgan.] must take steps to meet the emergency, trans- dren living in a bed and breakfast. She needed to itional and long-term housing needs of victims leave it every morning at 9 a.m. and walk the and their families. Failure to do so is unjustifiable streets of a major town in my constituency. She and unacceptable. Victims of domestic violence could not return to that accommodation until 5 really need our support to ensure provision of p.m. In the depths of winter that woman and her essential services. three children were on the streets exposed to all I acknowledge the welcome for the Sinn Fe´in the elements. She had little or no comfort. The motion that was demonstrated not only by the Government and its predecessor have left people Opposition, but also by a number of Government in such situations for ten years. backbenchers. We will see in a few moments what Sonas Housing Agency has highlighted the way those positive-speaking backbench Govern- serious shortage of refuge space for women and ment Deputies will vote. children where they could access safety, and avail I thank all those who contributed to the debate of the expert support and advocacy provided by and especially those who made constructive front-line specialist services on violence against points and supported the Sinn Fe´in motion. I urge women. Being forced to live in unsafe and unsuit- all those on the Government backbenches who able accommodation results in an increased risk spoke favourably on our motion to show convic- of threats and intimidation from ex-partners and tion by having the courage to support the motion. husbands. Returning to the primary home often In the case of hospital services in Roscommon we results in further risk and threats. Homeless hos- recently saw the influence Government backben- tels and bed and breakfasts are not equipped to chers can have when they stamp their feet and respond to the risk and trauma that women and wag their fingers. I hope the Government back- children have experienced. bench Deputies will show the same backbone and Sinn Fe´in believes it is imperative for the courage for the people referred to in our motion Government to provide supported social housing and will stand by these people who need our sup- to women and men subjected to domestic viol- port. They need Government action but have ence who have left crisis accommodation and been ignored for a long time. I hope the Mini- have ongoing support needs, as well as a need ster’s amendment will be defeated and that the for safe, secure accommodation. If victims are to motion will be carried. survive — it is that serious — the Government Amendment put.

The Da´il divided: Ta´, 64; Nı´l, 47.

Ta´

Ahern, Dermot. Kitt, Tom. Ahern, Noel. Lenihan, Brian. Andrews, Barry. Lenihan, Conor. Blaney, Niall. McDowell, Michael. Brady, Johnny. McEllistrim, Thomas. Brady, Martin. Martin, Michea´l. Browne, John. Moloney, John. Callanan, Joe. Moynihan, Michael. Carey, Pat. Mulcahy, Michael. Cassidy, Donie. Nolan, M.J. Collins, Michael. O´ Cuı´v, E´ amon. Coughlan, Mary. O´ Fearghaı´l, Sea´n. Cregan, John. O’Connor, Charlie. Curran, John. O’Donnell, Liz. Davern, Noel. O’Donovan, Denis. de Valera, Sı´le. O’Flynn, Noel. Dempsey, Tony. O’Keeffe, Batt. Dennehy, John. O’Keeffe, Ned. Devins, Jimmy. O’Malley, Fiona. Ellis, John. O’Malley, Tim. Finneran, Michael. Parlon, Tom. Fitzpatrick, Dermot. Power, Peter. Fleming, Sea´n. Roche, Dick. Gallagher, Pat The Cope. Sexton, Mae. Grealish, Noel. Smith, Brendan. Harney, Mary. Smith, Michael. Haughey, Sea´n. Treacy, Noel. Jacob, Joe. Wallace, Mary. Keaveney, Cecilia. Walsh, Joe. Kelleher, Billy. Wilkinson, Ollie. Kelly, Peter. Woods, Michael. Kirk, Seamus. Wright, G.V. 1321 Private Members’ 28 February 2007. Business 1322

Nı´l

Breen, James. McManus, Liz. Broughan, Thomas P. Mitchell, Olivia. Connolly, Paudge. Morgan, Arthur. Costello, Joe. Moynihan-Cronin, Breeda. Crawford, Seymour. Murphy, Catherine. Crowe, Sea´n. Murphy, Gerard. Cuffe, Ciara´n. Naughten, Denis. Deasy, John. Neville, Dan. Durkan, Bernard J. O´ Snodaigh, Aengus. Enright, Olwyn. O’Dowd, Fergus. Ferris, Martin. O’Keeffe, Jim. Gilmore, Eamon. O’Shea, Brian. Gogarty, Paul. O’Sullivan, Jan. Gregory, Tony. Penrose, Willie. Healy, Seamus. Rabbitte, Pat. Higgins, Joe. Ryan, Eamon. Higgins, Michael D. Sherlock, Joe. Hogan, Phil. Shortall, Ro´ isı´n. Howlin, Brendan. Stagg, Emmet. Kehoe, Paul. Stanton, David. McCormack, Pa´draic. Timmins, Billy. McGrath, Finian. Upton, Mary. McGrath, Paul. Wall, Jack. McHugh, Paddy.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies O´ Snodaigh and Gregory.

Amendment declared carried. Question put: “That the motion, as amended, be agreed to.”

The Da´il divided: Ta´, 63; Nı´l, 46.

Ta´

Ahern, Dermot. Moynihan, Michael. Andrews, Barry. Blaney, Niall. Mulcahy, Michael. Brady, Johnny. Nolan, M.J.. Brady, Martin. ´ ´ Browne, John. O Cuı´v, Eamon. Callanan, Joe. O´ Fearghaı´l, Sea´n. Carey, Pat. Cassidy, Donie. O’Connor, Charlie. Collins, Michael. O’Donnell, Liz. Coughlan, Mary. Cregan, John. O’Donovan, Denis. Curran, John. O’Flynn, Noel. Davern, Noel. de Valera, Sı´le. O’Keeffe, Batt. Dempsey, Tony. O’Keeffe, Ned. Dennehy, John. Devins, Jimmy. O’Malley, Fiona. Ellis, John. O’Malley, Tim. Finneran, Michael. Fitzpatrick, Dermot. Parlon, Tom. Fleming, Sea´n. Gallagher, Pat The Cope. Power, Peter. Grealish, Noel. Roche, Dick. Harney, Mary. Haughey, Sea´n. Sexton, Mae. Jacob, Joe. Smith, Brendan. Keaveney, Cecilia. Kelleher, Billy. Smith, Michael. Kelly, Peter. Treacy, Noel. Kirk, Seamus. Kitt, Tom. Wallace, Mary. Lenihan, Brian. Walsh, Joe. Lenihan, Conor. McDowell, Michael. Wilkinson, Ollie. McEllistrim, Thomas. Woods, Michael. Martin, Michea´l. Moloney, John. Wright, G.V. 1323 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1324

Nı´l

Breen, James. McHugh, Paddy. Broughan, Thomas P. McManus, Liz. Connolly, Paudge. Mitchell, Olivia. Costello, Joe. Morgan, Arthur. Crawford, Seymour. Moynihan-Cronin, Breeda. Crowe, Sea´n. Murphy, Catherine. Cuffe, Ciara´n. Murphy, Gerard. Deasy, John. Naughten, Denis. Durkan, Bernard J. Neville, Dan. Enright, Olwyn. O´ Snodaigh, Aengus. Ferris, Martin. O’Dowd, Fergus. Gilmore, Eamon. O’Shea, Brian. Gogarty, Paul. O’Sullivan, Jan. Gregory, Tony. Penrose, Willie. Healy, Seamus. Rabbitte, Pat. Higgins, Joe. Ryan, Eamon. Higgins, Michael D. Sherlock, Joe. Hogan, Phil. Shortall, Ro´ isı´n. Howlin, Brendan. Stagg, Emmet. Kehoe, Paul. Stanton, David. McCormack, Pa´draic. Timmins, Billy. McGrath, Finian. Upton, Mary. McGrath, Paul. Wall, Jack.

Tellers: Ta´, Deputies Kitt and Kelleher; Nı´l, Deputies O´ Snodaigh and Gregory.

Question declared carried. entity trading on the Internet. This is an area we need to amend and improve to ensure legislation Consumer Protection Bill 2007 [Seanad]: Second is up to speed with the extent of change that is Stage (Resumed). rapidly occurring. Deputy Boyle has spoken generally on the Bill Question again proposed: “That the Bill be so I will address specific points. One of the con- now read a Second Time.” cerns I have is with the extent of overlap that may Mr. Eamon Ryan: Deputy Boyle had asked to exist between different State agencies involved in share time with me. I also wish to share time with the broad remit of consumer protection. As my Deputies Morgan, Finian McGrath and McHugh. party’s spokesperson on communications, marine and natural resources, it is interesting that we are An Ceann Comhairle: Some 26 minutes remain currently debating a Communications Regulation in the slot. (Amendment) Bill which gives significant powers to ComReg — the communications regulator — Mr. Eamon Ryan: I welcome the opportunity similar to those enjoyed by the Competition to speak on the Bill, which I generally support. Authority. In a sense, they are similar to the There is widespread agreement in the House on powers set out in the Bill, given that they aim, on the need to have strong structures in place to pro- behalf of the consumer, to ensure there is not tect consumers from unscrupulous practices and unfair pricing, unfair billing nor improper use of to provide a framework for the protection of con- market dominance to the consumer’s dis- sumer rights so as to obviate the need for con- advantage. sumers to go the legal route, which is an expens- I accept the Bill sets out a provision enabling ive, stressful and in many ways unsatisfactory means of resolving some of the consumer issues the Minister to direct the agency to work with people experience on a day-to-day basis. other State bodies. However, in the area of tele- The Bill has room for improvement and we will communications, which is one of large consumer attempt to introduce this on later Stages of the expenditure, there is much concern about diffi- Bill. I would be interested to hear the Minister’s culties over the purchase of ringtones, for thoughts on the issue of Internet retailing at a example. Internet shopping is related to the role later stage. This is the fastest growth area in of ComReg in communications. There is an over- retailing. What would be the powers of the lap between the Competition Authority, the new agency vis-a`-vis businesses that operate in this powers given to ComReg and the powers out- area, given its international nature? It is a diffi- lined in this Bill. It is unclear which takes pre- cult area to police in terms of seeking legal cedence or how each is intended to work with the redress, given the limited mechanisms that can be other. Perhaps this could be set out more clearly introduced by a national agency to deal with an to ensure the most effective use of resources. 1325 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1326

I expect Deputy Boyle referred to the means discussed in the House. The delay in their merger by which we are setting up such new bodies, in is unacceptable and shows how low consumer terms of ministerial appointment on the basis of protection is on the Government agenda. expertise criteria that are difficult to assess. There Despite welcoming the introduction of legis- is genuine concern on this side of the House on lation that is intended to safeguard the rights of this matter. In the past five years in which I have consumers, it is ironic that this Bill is being dis- been a Member of the House, much of the legis- cussed in the Da´il only a matter of months after lation that has been introduced involved a Mini- the groceries order was repealed by the Govern- ster setting up various boards, which are expens- ment. As well as its primary aim of promoting ive structures. It is also remarkable the number consumer advocacy, the Bill also aims to promote of people over which the Minister has the power competition. The repeal of the groceries order of appointment, often on a voluntary or part-time was intended to promote competition. Instead, basis. The Minister may say it is easy for me to the repeal of the ban on below-cost selling has say this on the Opposition benches but it is a been proven to eliminate or reduce competition, genuine concern based on a desire to see the most not increase it. This Government initiative was effective agencies rather than a political point sold to the public on the basis that retailers would scoring exercise. pass on their savings on to the consumer. Clearly, Perhaps we would be better off appointing this has not happened. agencies or boards on a similar basis to that on which we employ senior civil servants or Mr. Martin: It has not shifted. members of local authorities. Perhaps a separate commission is required which would assess candi- Mr. Morgan: The statistics are there to prove it. dates and ensure there is a balance of expertise and skills. This is not to criticise the Minister in Mr. Martin: Deputy Morgan is defending big question. However, the continued use of minis- business. terial appointments is open to criticism of politi- cal patronage and is not necessarily in the long- Mr. McHugh: Bring back Mr. Fingleton. term interests of any agency being established. Mr. Martin: Is nothing sacred any more? I am conscious of time and the fact other speakers are sharing my time. In general, I am in Mr. McHugh: The troubleshooter. favour of the Bill. My party will not hinder its progress through the Da´il. I hope the legislation Mr. Morgan: The new situation has enabled will be passed and the agency which is already up supermarkets to lower prices on certain high pro- and functioning will use the powers which have file items, to be used as loss leaders to attract been assigned to it to good effect on behalf of customers, while other goods are priced the same, consumers. or even higher than independent retailers. Is this the type of unfair commercial practice that will be Mr. Morgan: Sinn Fe´in welcomes the Con- covered by the Bill? Will the National Consumer sumer Protection Bill, especially the sections Agency advocate for a reduction in costs in super- which establish the National Consumer Agency, markets? If it does, will it be a real vehicle for NCA, and those which transpose the Unfair championing consumers’ rights or will it be a cos- Commercial Practices Directive into the law of metic exercise at best, to attract people into this State. This will have the effect of prohibiting shops, where it is not the supermarkets that pay unfair commercial practices, in particular mis- for it, but the farm producers who receive a con- leading and aggressive commercial practices. In stantly reducing proportion of the final cost of addition, we welcome the important measure to items? ban pyramid schemes that inevitably turn out to Buying a house is a consumer action. Will the be fake and the rip-off scratch cards where one National Consumer Agency be advocating on must pay some kind of fee before one can claim behalf of those who are faced with rates of house a prize which one has already won. price inflation that are out of con- We welcome the fact that the National Con- 9 o’clock trol? This inflation has all but priced sumer Agency will be a statutory body, indepen- working families and first-time buy- dent in the performance of its functions and that ers out of the private housing market, with aver- it will also have responsibilities in the areas of age costs of \308,000 to \516,000 in the State. The consumer advocacy, research, educational aware- average price of a new home was 11% higher in ness, information and enforcement and will 2006 compared to the previous year. Figures for finally combine with what the former Office of the same period show an increase of more than the Director of Consumer Affairs. It is important 17% in second-hand house prices in the Dublin for the NCA to become a strong advocate for the area. House prices are increasing at almost twice consumer when it comes to consumer welfare the rate of wage increases. It is no wonder that issues. However, given that the NCA was estab- public sector workers such as nurses, fire fighters lished on an interim basis almost two years ago, and teachers cannot afford to buy a home in our it is most disappointing the Bill is only now being major cities. My Sinn Fe´in colleagues hope that it 1327 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1328

[Mr. Morgan.] the National Consumer Agency. If the consumer is within the remit of the NCA’s advocacy role to is not au fait with legislation, the Bill will not tackle the Government and get it to address the serve its purpose. The functions of the Office of rising cost of purchasing a home. the Director of Consumer Affairs, whatever they The practices of some estate agents may also are, will be subsumed into the National Con- play a role in inflating house prices. They have an sumer Agency. What difference will that make to inbuilt incentive for inflation because they the consumer? Will the paraphernalia of the receive a percentage of the price of the sale. Director of Consumer Affairs be transferred to There is plenty of anecdotal evidence to suggest the National Consumer Agency so that we have that some estate agents use underhand measures the same service as before but with a new name? to increase the cost of housing for their own pro- How can the consumer be better served by this fit. This combination of incentive and opportunity move? requires a robust policy response. Many consumers feel far removed from the Section 53(1)a deals with prohibited commer- establishment and this agency will be seen as part cial practices: of that establishment. Consumers will not bother A trader shall not engage in any of the fol- dealing with the bureaucracy to vindicate their lowing commercial practices: rights. It will prove too cumbersome. The Mini- ster should simplify the system and bring the (a) a representation that the trader has an machinery closer to the people, making them feel approval, authorisation or endorsement that part of the process and making the system more the trader does not have, or making such a transparent and meaningful. He should consult representation when the trader is not in com- the people who perceive the establishment as pliance with that approval, authorisation or their enemy and should not commission another endorsement; report. This would be prepared by some Dublin- That sounds very good but how will it work in based so-called professional who is part of the practice? It is well known that estate agents tell a establishment. Such a person would not know or bidder that there are other parties interested in a care how the consumer feels. The answer is not property and that the other bids are higher. I always to commission another report. hope that this section of the Bill will prevent I have difficulty with the closeness that will potential buyers from being exploited in this way. develop between the Minister of the day and the Management fees charged in new housing units National Consumer Agency. The Bill allows lee- is another area in which consumers are in need way for the Minister to consult the agency and of protection. It is necessary to have management seek reports from it, etc. Will the agency feel companies in blocks of apartments. The main obliged to adapt its thinking to suit the Govern- problem with private management companies is ment? The agency should be completely separate that they impose a form of double taxation from the Government. If it is to earn the respect through management fees. It is fundamentally and confidence of the consumer the new agency inequitable that some residents must pay for a must be the champion of the consumer. Links to service that their neighbours receive for free and government will not achieve that champion we hope that the NCA will deal with this issue in status. a thorough manner. The new agency will be concerned with prices. Although they are subject to company law, Inflation is a major issue and some of the reasons such private estate management companies are for this are outside our control. Stealth taxes unregulated. Many specific problems are associ- impact on people and we need a responsible ated with their proliferation in this State, in part- debate on the matter rather than the tabloid icular the total lack of accountability to the resi- approach of Mr. Eddie Hobbs. The National dents who pay for the services and the fact that Consumer Agency can play an important role in the fees charged are often exorbitant and subject an informed debate if it is seen as totally indepen- to huge increases. In some cases they rise by dent of government and a champion of the 300% in a single year without a corresponding consumer. improvement in service. The Bill partially defines Unfortunately, this new agency will not cover one facet of unfair commercial practice as some- local authorities. The public are daily consumers thing that would be “likely to cause the average of local authority services and need protection consumer to make a transactional decision that and support. Local authorities leave much to be the average consumer would not otherwise desired in the manner in which they deliver make”. The average consumer would not pay a services. The Minister for the Environment, Heri- 300% increased management fee unless they tage and Local Government is no help in this were forced into it and this is a perfect example regard. He only passes the buck rather than solv- of unfair commercial practice. I hope this Bill will ing problems. Those who are dissatisfied with the deal comprehensively with these issues. service of local authorities have no simple route of redress. The service is not good enough. In Mr. McHugh: I welcome the Bill as far as it recent years we have created a monster in local goes but I fear consumers will feel removed from authorities where the buck never stops at any- 1329 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1330 one’s desk. No one knows anything and every- assist these couples, whether through affordable thing is referred to someone who cannot be housing or other schemes. A radical new found, will not answer the phone and whose mail- approach is needed to help them. box is full. Calls are not returned because the per- The Minister and the Cabinet have a responsi- son is at the launch of something or other. Local bility not to waste public money. The now famous authority staff never attend such events alone; Dublin Port tunnel was \200 million over budget. they attend in numbers so nothing gets done. The This is a scandal, and coupled with the 294 homes consumer must put up with this and neither the in my constituency that have been damaged as Bill nor the Minister for the Environment, Heri- a result, it is unacceptable. The electronic voting tage and Local Government will help this cause. scandal wasted \52 million. The Minister for Someone must accept responsibility. The Justice, Equality and Law Reform, who says he is Government must do so because the public concerned about the costs of the tribunals, spent expects action to be taken. They are fed up with \30 million on a farm that most people on the being fobbed off. northside of Dublin would say was worth only \4 In recent years local authorities have million. The site of the Battle of the Boyne could developed customer charters that contain high have been bought for \2.7 million but was instead and mighty aspirations but nothing real. Worse, bought by a private business and sold to the they fall back on the customer charter when chal- Office of Public Works 18 months later for \7.8 lenged, even though it is nothing but paper and million. In the Minister’s constituency the revamp window dressing. They go through the motions of the courthouse in Cork was estimated at \6.5 but do not deliver. million but cost the taxpayer \26.5 million.

Mr. F. McGrath: I welcome the Consumer Pro- Mr. Martin: That is wrong. tection Bill, which is progressive and sensible. Consumer protection is the message in this legis- Mr. F. McGrath: That is the reality. These are lation. We must face the reality that many con- the figures from the Departments. sumers, citizens and taxpayers are not protected and their rights are not vindicated. This is Mr. Martin: That is not true. important. The purpose of the Bill is to establish a body Mr. F. McGrath: I am giving the facts. known as the National Consumer Agency and to define its functions: Mr. Martin: It is a fine courthouse. It is wonderful. to give effect to the Unfair Commercial Prac- tices Directive (Directive 2005/29/EC of the Mr. F. McGrath: The Minister for Transport European Parliament and of the Council of 11 had 30 road projects which should have cost \932 May 2005), to make new provision in relation million but ended by costing \2 billion. These to pyramid selling schemes, to amend the projects were 86% over budget. This is what con- Industrial Development Act 1993, and to sumers talk about. They want value for their provide for related matters. money. This money could have been used to end When talking about consumer protection it is the patients on trolleys scandal forever, to build important to note that prices are going through new schools, make a major dent in the housing the roof. In recent weeks there have been major lists, develop child care services or assist the eld- price increases in food, vegetables, fruit, gas and erly. These are crucial issues. electricity. This Government, and the Minister, Section 8 of the Bill provides: must address this because matters are getting out that the Agency shall have certain functions. of control, regardless of pay increases for workers The Section provides the Agency with a and staff. general function of promoting and protecting There has been a 15% rent increase for people the interests and welfare of consumers and that living in Dublin City Council housing projects, it shall also be responsible for investigating, particularly those living on the northside of enforcing and encouraging compliance with Dublin. I will defend the rights of the people liv- consumer protection legislation including, ing in my constituency of Dublin North-Central where appropriate, referring cases involving who have contacted my office because that possible indictable offences to the Director of increase is a little too much for them. The price Public Prosecutions. rises affect the elderly, the disabled and working people in general. We must respect these people The key phrase there is “the interests and welfare as consumers but more so as citizens because they of consumers”. The Independent Deputies will must put up with the high prices which affect look after consumers and give value for money everybody’s quality of life. after the next election, no matter what people say There is a crisis in Dublin such that young in this debate. couples are unable to buy new homes which is I welcome the positive aspects of the legis- unacceptable. We need to develop new ideas to lation. Section 10 provides: 1331 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1332

[Mr. F. McGrath.] acid test of whether the abolition of the groceries for membership of the Agency, its numbers, order has been successful is whether grocery price how they are to be appointed, paid, replaced, inflation is lower than it would be according to removed etc. The Section provides that the other essential factors. We have increased fund- Agency shall consist of a chairperson and 12 ing for consumer protection substantially. The ordinary members and that the CEO shall be a allocation for consumer issues in 2007 will member of the Agency. amount to just under \8.4 million, an increase of 147% since 2004. The Competition Authority It is necessary to appoint a quality person as CEO \ of this agency, who will look after the interests budget has been increased by 15% to 5.8 mil- and rights of consumers and operate the agency lion, doubling resources in its cartel enforcement in a professional way. division. Section 11 “provides that the Minister shall We are determined to ensure prices are open designate one member of the Agency as the and clearly visible to consumers so they can make chairperson and that the chairperson’s term of their choices. In April 2003 the Government office shall be 5 years”. I welcome that as a introduced new price display regulations to sensible solution. A five year term is enough to enable consumers see what they are buying and deal with the situation. If somebody proves him compare prices across goods. Shops must now or herself this could be considered in broader display the cost by weight. We can compare the terms. prices of biscuits, coffee or cereal per 100g irres- Section 41 “prohibits traders from engaging in pective of packaging. The Government also commercial practices that mislead consumers”. doubled the number of inspectors in the office of This is crucial because many people mislead the Director of Consumer Affairs. consumers. Nevertheless, over the past decade, it has Section 43 prohibits: become apparent that by comparison with other highly developed countries, consumer power is commercial practices which would be likely to weak in Ireland. In many areas of commercial cause the average consumer to confuse a trad- and public decision making, the consumer has no er’s product, trade name, trade mark or other voice. In many areas of daily life, consumers feel distinguishing feature or mark with that of a they have little power. In that context the Mini- competitor and to make a transactional ster for Enterprise, Trade and Employment was decision that he or she would not otherwise right to establish the Consumer Strategy Group make. and ask it to make proposals for the development I welcome the opportunity to defend the rights of of a national consumer strategy. The Bill we are consumers and taxpayers. I have concerns about debating today is a result of the good work of the financial implications of the Bill but I will that group. waive those for the moment. The Bill is in the The group commissioned the most extensive interests of the consumer and I welcome it. research ever carried out in Ireland on consumer issues. It revealed that the majority of consumers Mr. J. Brady: I compliment the Minister for believe they are constantly being overcharged for Enterprise, Trade and Employment on bringing goods and services. A large number believe they forward this Bill. We are lucky to have such a will not get satisfaction if they complain about strong, caring Minister as Deputy Martin. I poor quality or poor value in goods and services. strongly believe in empowering consumers and Research conducted by the Consumer Strategy making their voices heard. Group showed considerable gaps in policy and in the State institutions that support consumers. Mr. F. McGrath: Can he deliver? Ireland lags behind other countries in recognising the important role empowered and confident Mr. J. Brady: I also believe in promoting com- consumers can play. petition to keep prices down and strengthening Bringing the consumer agenda to the forefront competition laws to get the best deal for con- of public policy requires close integration of con- sumers. Much has been done in this regard. We sumer concerns into the better regulation agenda. have abolished the groceries order and amended There is no doubt that a process needs to be kick- the Competition Act to prohibit re-sale price started to shift the balance of power towards con- maintenance, unfair discrimination and hello sumers. Doing so will not penalise Irish busi- money in the grocery trade. While it may be too nesses or grind them down. It should strengthen early to make a judgment, according to figures them. In short, more consumer power will be compiled by the Central Statistics Office the good for consumers, businesses and the economy. prices of products previously covered by the This is a major new consumer Bill. It replaces groceries order have fallen by 0.5% in the year to much of the existing body of consumer law with mid-January 2007. The prices of goods not a modern, up-to-date statute that will provide covered increased by 5.1% over the same period. consumers with the highest level of protection in We have removed the barrier to competition their dealings with business. The new protection but it does not follow that prices will fall. The for consumers and overhaul of structures marks 1333 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1334 the biggest reform in 30 years. It will help to ture so-called “gifting” schemes, and it will be an ensure that we have one of the strongest, most offence to both promote and participate in such modern consumer protection regimes in the schemes. Offenders will face prosecution on world. indictment and be liable to fines of up to \150,000 The Bill includes bans and tough sanctions for and five years imprisonment. I did not know what 81 anti-consumer activities, including pyramid pyramid schemes were until, unfortunately, my selling, prize draw scams and persistent cold-call- local town and the surrounding area was affected ing of consumers. It also formally establishes the by one. Many local people suffered as a result of new National Consumer Agency, which will have pyramid selling in the area. It had a serious effect the funding and powers to act forcefully on behalf on individuals and families. People thought that of consumers. It provides the agency with the by investing hard earned money in the scheme power to protect consumers, and will prohibit a they would make far more money. Some people wide range of unfair or misleading trade prac- even borrowed money to invest in these schemes. tices. Traders who mislead consumers or act in an Unfortunately, they lost it all. aggressive way towards consumers or who other- This Bill will safeguard people from such wise engage in the extensive list of practices to be schemes. However, it will not help the thousands prohibited by the Bill will be liable to fines of up of people in my constituency who suffered. I to \60,000 or imprisonment for up to 18 months thank the Minister for introducing this welcome for a first offence, if successfully prosecuted on Bill. indictment. Lesser penalties will apply in respect of summary prosecution. Ms O. Mitchell: I wish to share time with The agency will also be empowered to issue Deputy Durkan. I welcome the Bill in general, compliance notices and impose on-the-spot fines although I fear that it lacks the teeth that are on errant traders. It will be able to accept under- required in this area. Under the Bill, the functions takings of compliance with the law from traders of the National Consumer Agency will be to pub- as an alternative to court proceedings. It will be lish research, act as an advocate on behalf of the required to publish, on a regular basis, details of consumer, promote public awareness, impart all traders who have faced enforcement action. information to the public, engage in educational Courts will be empowered to order offenders to activities and generally to raise awareness. These pay compensation to consumers and will be able are fine and laudable functions and, like mother- to require offenders to publish corrective state- hood and apple pie, one cannot object to them. ments. Undoubtedly, the adverse publicity of a However, it lacks teeth and smacks of being a sop name and shame policy can often be a more effec- to consumers. tive deterrent than a court imposed fine. This Bill The Minister said that the Bill aims to give leaves offenders with no hiding place in that responsibility to consumers, to empower them respect. and make them more assertive. In many ways A wide range of activity is prohibited by the that is nonsense. Consumers are only as assertive Bill, from misleading consumers as to the price, as the law permits them to be. What is required characteristics and availability of a product, to is real powers of enforcement and they are not in exercising aggressive or undue influence on a the Bill. It is a cop-out to hand over to consumers consumer to enter into a transaction. Making responsibility to defend their own rights. It is the false or misleading claims about a product, per- State, through this agency, that should be sistent, unwanted calling of consumers and defending the consumers’ interests. Only if the operating prize competitions that require the con- agency has strong enforcement rights and powers sumer to make a payment or incur a loss before a will this actually happen. The powers given to the prize can be claimed, are all outlawed by this Bill. proposed body are those which the Director of The principal function of the National Con- Consumer Affairs has had for many years. The sumer Agency will be to promote and protect the Minister rightly paid tribute to the director. interests and welfare of consumers. It will do that However, it must be admitted that the consumer through enforcing the relevant provisions of the has not been well served. I do not entirely blame Bill and encouraging compliance with them. the Director of Consumer Affairs for this because However, it is also being given a range of powers the office has neither the powers nor resources to to ensure that it can be a powerful advocate on defend the consumer. No Member can suggest behalf of consumers in policy making and in the consumer has been king. public debate. The agency will be empowered to The Bill proposes procedures for alternative advise and make proposals and recommendations dispute resolution. While it is a laudable proposal to Government on legislation that impacts on for the solution of individual cases, what is consumers, and will interact with other regulatory required is a culture change which is pro-con- bodies to promote the interests and welfare of sumer and pro-competition. If such a culture were consumers. established, it would obviate the need for a new The Bill also deals in no uncertain terms with dispute resolution forum. the issue of pyramid schemes. The definition of The Bill proposes the Minister may consult the such schemes is significantly strengthened to cap- agency regarding legislation and the agency can 1335 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1336

[Ms O. Mitchell.] Ms O. Mitchell: If prices have gone up, services recommend further legislation to the Minister. have not improved. Again and again, the special While very laudable and desirable, it does not interests of providers have triumphed. Whether it catapult the consumer into a position of power in is hospital consultants or concrete block manufac- the way required. turers, their special interests come before those The proposed structure of the body gives me of the consumer. most concern. The agency lacks the independence The partnership talks involving the trade required to be successful. It is too much in thrall unions and business interests, which are all in bed to the Minister and the Department and will be with the Government, have decided how the subject to their wishes. This body must have a State will be run for the next several years. The similar independence to that of the Ombudsman, only party not at the negotiating table was the if it truly is to be a champion for consumers and consumer, yet decisions that will have a major put their interests before those of providers. impact were made in those talks. The Govern- The legislation, as drafted, limits the agency’s ment purported to be acting in the consumers’ sphere of influence when it comes to protecting interests but decisions were made that were anti- consumers’ interests where those interests con- consumer. For example, a deal was done flict with sectoral regulators. Despite the great preventing driving test instructors being expectations with sectoral regulators, they have employed, even though 400 people are killed on not always served consumers as they should. our roads each year. A benchmarking deal was There is the ever present danger of regulatory struck to improve efficiencies and provide better capture. In these circumstances, to force the new services from the public service but none were agency to enter into co-operation agreements delivered. It was an exercise in name only. with various regulators will negate the purpose In the transport area, special interests have of the legislation. For it to operate strictly in the stymied necessary reforms and inhibited the interests of consumers, it should operate indepen- development of a comprehensive integrated dently of the regulators. Their function is to public transport system. I am surprised we have provide a level playing pitch for producers and not yet had a commuter revolution. Commuters’ interests have not been served by the Govern- providers. It was hoped they would provide a ment or any of the transport agencies purporting better deal for consumers but that has not always to act for them. No extra buses, integrated ticket- been the case. To put them into bed with the new ing or competing terminals have been provided. agency is not the way to proceed if the interest of The dominant provider won at the expense of the consumer is to be paramount. To put the the consumer. agency in a position where it is in thrall to the In the dying days of the Government, the Bill Government and subject to narrow political or is a disappointment since so much was expected special interests is wrong. of it. It is too timid, a pale imitation of what is The enforcement function is inadequate. Like needed. It fails to galvanise the action needed for the Competition Authority, the agency will have a clean sweep and change in culture of not rock- the power to investigate. Having investigative ing the boat or stepping on people’s toes. It powers, however, is not sufficient. It should have ensures there will be no risk of change and avoids the powers immediately to close down anti-con- the notion that the Government and providers sumer practices. The power to act immediately is have colluded. Providers across the board, partic- crucial rather than having to go through the ularly in the State sector, have colluded with the courts. When such practices come to light, they Government. Knowingly or unknowingly, are once-off, time-related incidents such as the willingly or unwillingly, they have acted to the sale of tickets for the recent rugby international. consumer’s detriment. This Bill does not go far What went on was scandalous. The courts are enough in changing that culture. redundant and can give no protection to the con- sumer in such circumstances. Mr. Durkan: I thank my colleague for sharing Government agencies and protected monopol- time with me and allowing me speak on this ies have ripped off consumers. As Deputy Hogan legislation. pointed out, the prices of internationally traded I have been thinking about the reasons behind goods and services have remained relatively its introduction now. It was a guilt complex acti- stable in recent years, as those providers must vated on the part of the Government, which survive in a competitive market. The prices of recognised that it had failed to protect the con- goods and services in the protected sectors, sumer over the past five years. Now it is to go particularly Government-traded sectors, have before the people with the fig-leaf of this Bill held gone through the roof. Last month inflation went prominently before it to protect it from the over the 5% mark. general public’s wrath.

Mr. M. Ahern: With price harmonisation, the Mr. M. Ahern: The Deputy thought long and rate stands at only 2.9%. deeply before making that statement. 1337 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1338

Mr. Durkan: It takes an appalling brass neck What happened regarding the provision of on the Government’s part to introduce this Bill broadband services? When was consideration now. Who has protected consumers of petrol and taken of domestic and industrial consumers, and diesel over the last 12 or 14 months? As prices who protected and stood up for them? Where rose ever higher, from what section of the were those on the various quangos, and the Mini- Government or the consumer protection agencies sters whose job it was to direct them? What has came plans to protect the unfortunate consumer? ordinarily occurred in such situations is that Mini- At the same time, gas prices were coming down sters have become coy, shy, acting in a hands-off, on world markets and in free fall on others, but detached, distracted, disenchanted fashion dis- in this country we defied the laws of gravity. The connected from the job they are supposed to do. Government and regulator colluded to approve It is the unfortunate consumer who suffers, being an increase in gas and electricity prices, the like left unprotected every time and paying through of which had never been known before. the nose because Ministers do not act. Neither Who protected the unfortunate consumer in do the Competition Authority or the consumer that case? No one did so, because the Govern- protection agencies act, and the consumer is ment did not care. It could not care less, and the abandoned. The events and experiences of recent years only thing that has pricked its conscious now is should suffice to galvanise Ministers, were it pos- that it will shortly go to the people. Ministers sible to do so. However, they are so accustomed began to scratch their heads, wondering how they to inertia that they are no longer capable. Alas could protect themselves. Without a shadow of a and alack, the unfortunate consumer must pay. It doubt, this Bill represents their answer. They is sad that we should see this legislation produced have laboured and brought forth a mouse. at the 11th hour and the last moment of this I could go on and on. Government. We recognise that it is merely a fig- leaf allowing it to go forth and meet the Mr. M. Ahern: We are all well aware of that. electorate.

Mr. Durkan: My colleague has already given Mr. M. Ahern: We have another three months. other examples. In telecommunications, Smart Telecom’s subscribers were arbitrarily left with- Mr. Durkan: They should gird their loins, since out services overnight without warning, protec- the electorate awaits them. When they come tion, compensation or any word of comfort. Many across them—— of the victims are still owed a great deal for services they purchased but never received. What Mr. M. Ahern: With open arms. happened in that case? There were regulators, bureaucrats, technocrats, plutocrats, and all the Mr. Durkan: ——the consumers of this country other variations thereon, but they did not protect will remember how they were left unprotected for the consumer. No one acted in the consumer’s so long. They will recall how little the Govern- interests, an extraordinary situation. All those ment did in recognition of their plight and ask bodies and quangos, as the late Brian Lenihan how it managed to avoid the issue for so long and would call them in this House, are visible and why it introduced this Bill only now. make noises. From time to time they move around, coming within one’s field of vision on Mr. Cassidy: I have respected the Deputy from Kildare for many years, but as Chairman of the cropping up on the radar screen. However, when Committee on Enterprise and Small Business, I it came to doing what they were meant to do in welcome the Bill before the House. Any fair- this situation — protect the unfortunate con- minded person would have to recognise that for sumer — they were absent. the fulfilment of its aims the Consumer Protec- Regarding services provided by Smart Tele- tion Bill 2007 provides for the establishment on a com, for months an argument was going on statutory basis of the National Consumer Agency, behind the scenes of which no one was aware. All the transposition into national law of the directive of a sudden, the whole edifice collapsed. Amaz- dealing with unfair commercial practices, and the ingly, with such competition and consumer pro- rationalisation and updating of the existing body tection, 80% of customers have reverted to the of consumer law. It also updates and signally original service-provider. Competition and regu- strengthens the law on pyramid selling. lators’ interventions have achieved little. The I am very pleased and proud of our work on regulatory system as transposed from European the Committee on Enterprise and Small Business into Irish law is failing. There is a tendency on to improve the consumer’s lot. I do not care for the part of our negotiators slavishly to follow the which political party Members were elected to lead of their European colleagues. That may or the House, but we all agreed that it was the may not be useful, but it is particularly sensitive second-greatest challenge following the election, in areas such as consumer protection, energy and I was delighted that the Taoiseach accorded price increases and the provision of telecom- me the opportunity and honour of chairing the munications services. insurance inquiry. That covered public liability, 1339 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1340

[Mr. Cassidy.] Mr. Durkan: Fear concentrates the mind. employers’ liability, private motor and commer- cial motor insurance. Mr. Cassidy: Deputy Hogan stands to take just At the time, insurance costs had gone through as much credit as myself for leading the Fine Gael the roof and the consumer was paying excess- side on the insurance inquiry. I welcome him here ively. However, the Committee on Enterprise for this part of the debate. I commend the Bill to and Small Business provided a conduit for liaising the House and thank the Acting Chairman for with the industry itself, with 19 submissions given giving me an opportunity to express my views on live on camera. The committee, led by me, went the legislation. to the Government and persuaded the Taoiseach to make a commitment. At our parliamentary Minister of State at the Department of party meeting in Sligo the following year, he said Enterprise, Trade and Employment (Mr. M. that the Government would make insurance its Ahern): I thank Deputies for their contributions primary legislative issue for 2004. to the debate which has been both interesting and The Bill setting up the Personal Injuries stimulating. It has demonstrated beyond doubt Assessment Board has been enacted and the that the welfare of consumers is an important and board established. The Civil Liability and Courts topical issue, and that the Government is right to Act 2004 and the Safety, Health and Welfare at afford this legislation a high priority. Work Act 2005 have been enacted. Penalty Before responding to the comments of individ- points, random breath-testing and all those other ual Deputies, I wish to make a few general safety measures on which we made proposals are remarks. There has been much talk on the Oppo- now also part of the law. The consumer has been sition benches of the need for an ombudsman for the big winner. No matter what the insurance consumers and a consumer rights enforcer. It is a policy, premia today have fallen to 1988 prices, grandiose title but at the end of the day that it all allowing for inflation. That is a marvellous it is — a title. Whatever one might call a con- achievement for a committee with members of all sumer organisation — this legislation gives it the political persuasions coming together under the title of National Consumer Agency — the funda- chairmanship of this Government appointee. We mentally important factor is the extent of the made our presence felt in addressing the diffi- powers and functions conferred on that organis- culties in an industry that affects individuals and ation by legislation, and the extent of its duties small businesses stretched to the limit by and obligations to the consumer. insurance costs. I do not wish to belabour the As a result of the enactment of this Bill, Ireland point but I welcome anything that will strengthen will have the benefit of an extensive and consumer demands. unequivocal list, set down in one statute, of com- I congratulate the Minister of State, Deputy mercial practices which are prohibited because Michael Ahern, who has been forthcoming in they are unfair to consumers. In that respect the assisting me as chairman of the committee over Bill introduces a much needed modernisation of the past four and a half years. In fairness to the our consumer laws. Furthermore, and despite former Ta´naiste, Deputy Harney, the Minister for criticisms from the Opposition side of the House, Enterprise, Trade and Employment, Deputy the Bill creates an enforcement agency with real Martin, the Ta´naiste and Minister for Justice, teeth. Not alone will there be a strengthening of Equality and Law Reform, Deputy McDowell, the penalties for breaches of consumer law, and the Minister for Education and Science, particularly for repeat offenders, but the National Deputy Hanafin, I must put on record the truth Consumer Agency is also being given a range of of what happened over the last four and a half enforcement options not available to its prede- years. I will give Deputy Durkan credit for one cessor, the Office of the Director of Consumer thing — I have been a Member of the Oireachtas Affairs. The agency will have power to impose for 25 years and both he and his party colleagues on-the-spot fines and will be able to accept under- have been exemplary in Opposition. takings from traders to comply with the law. It will be allowed to issue compliance notices to Mr. Durkan: We will not be there for long traders who it believes are breaking the rules. though. In addition, the agency will be able to ask the courts to award compensation to consumers and Mr. Cassidy: They are incredible and we could the courts will have discretion to do this. The never match them. They have a lot of practice in courts will be able to order traders to publish cor- this regard and their expertise is shown from time rective statements but, perhaps most tellingly of to time. When the facts speak for themselves, all, the agency will be able to publish the names however, the Opposition arguments do not stand of all those who have broken the rules and been up. In case someone might read and take the subject of enforcement action. This new seriously Deputy Durkan’s views, I must reluc- emphasis of a name and shame policy is a critical tantly say that the job that has been done on element of the enforcement options available to insurance during this Government’s period in the agency. It is not only a matter of sanctioning office has been second to none. offenders — albeit that naming and shaming is a 1341 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1342 powerful punishment in itself, particularly if empowering a consumer enforcement agency. imposed on top of fines handed down by a court Neither did it make any effort to transpose the — but also of publishing the names of offenders, unfair commercial practices directive, which which represents an important signpost for con- would have left us in breach of EU obligations. sumers when it comes to identifying those busi- nesses that may adopt a cavalier approach to con- Mr. Hogan: That is the Minister of State’s job. sumer rights. Many businesses for which a financial penalty may be inconsequential, no Mr. M. Ahern: That is what we are doing. I matter how large, might think twice about want to respond to allegations that this Govern- breaching these laws if it means losing customers. ment has somehow neglected consumers. I reject I look forward to seeing this particular provision the suggestion made in the debate that we have of the Bill in operation. been slow in bringing the Bill forward or that we The powers in the Bill are as extensive as they are only doing so because of rules forced on us are new, and provide alternatives to what can by Brussels. The notion that Brussels legislates often be expensive and protracted court pro- while member states stand idly by in the wings, ceedings. They will allow agencies to take meekly accepting whatever edict is eventually enforcement action quickly in the best interests handed down, is nonsense and shows a lack of of consumers. The Bill is not just about enforce- understanding of how the European Union ment, however, and that is why it represents such works. Member states themselves contribute to a fundamental shift in consumer policy. The the design of legislation and our public represen- Office of the Director of Consumer Affairs has tatives all have their say in the eventual outcome done an excellent job on behalf of consumers through the involvement of the Council of Mini- since it was established in 1978. However, it was sters and the European Parliament. Ireland con- largely confined to enforcing the law as handed tributed as much as anybody else to the nego- down to it and was never designed to be an advo- tiation of the unfair commercial practices cate for consumers when it came to designing that directive. It includes many thoughts and ideas law. As a result, the consumer’s voice in this which this Administration brought to the debate. country was weak and uninformed. When it came EU legislation is not some sort of fait accompli to national debate, trade interests were usually and it is unfair to those who participate in the best organised, most knowledgeable and best negotiation process to suggest that it is. This is major legislation which repeals nine resourced. Consumers rarely acted as a group and existing statutes and completely reforms our their contribution to the debate was, through no domestic consumer laws. Major legislative reform fault of their own, sometimes patchy and incon- on this scale does not happen overnight; it is the sistent, while at other times entirely non-existent. result of many months of dedicated hard work on That will all change with the passage of this the part of officials in my Department, those in legislation. other Departments and the Attorney General’s The National Consumer Agency will have a office, and the office of the parliamentary coun- statutory right to comment on the implications sel. To devalue that work by suggesting that it for consumers of existing and proposed legis- could have been done sooner does a disservice to lation. It will be resourced to carry out research all those involved. and will be empowered to access information I would also dispute the contention by a from other regulators so that it can always speak number of Deputies that Parts 3 and 4 of the Bill from an informed position on behalf of con- simply copy out the provision of the unfair com- sumers. The agency will have a statutory role to mercial practices directive. Although we were educate and inform consumers, and to promote obviously constrained by the maximum harmon- public awareness of consumer issues. These isation status of the directive, any considered duties go some way beyond the remit of the comparison of the texts of the Bill and the ODCA and signal a new era for consumer protec- directive will show significant differences. The tion. The emphasis is very much on empowering directive’s provision on pyramid schemes, for consumers, letting them know their rights, and example, numbers just 42 words. By contrast, Part encouraging them to be assertive and stand up for 4 of the Bill on pyramid schemes includes three those rights. It is about providing remedies and substantial sections and is over ten times the redress when those rights are denied, but the length of the directive’s provision. legislation is also about encouraging traders to be Deputy Hogan also referred to the current rate fair, equitable and transparent in their dealings of inflation. Rising inflation is a cause of concern with customers. Businesses should regard a satis- to all governments and many of the factors con- fied customer as a valuable business asset, and be tributing to Ireland’s current high prepared to work at guaranteeing that 10 o’clock rate of inflation are outside the satisfaction. Government’s control. Higher inter- Deputy Hogan referred to his party’s own national energy costs, rising commodity prices on Private Members’ Bill which was voted down in global markets, poor crop harvests and declining the House. That Bill did not go nearly as far as fish stocks are all factors contributing to higher this one in preventing unfair trading practices and prices. Where it can take action, in areas such as 1343 Consumer Protection Bill 2007: 28 February 2007. Second Stage (Resumed) 1344

[Mr. M. Ahern.] peting and allowed wholesalers to fix minimum grocery prices and insurance costs, the Govern- prices for grocery products. This is known as ment has introduced remedial measures that have price fixing and is an offence under our compe- had a significant impact. We are committed to tition laws. Deputies will be aware that in the improving competition in the economy and recent past a number of individuals have been improving the competitive environment for subjected to criminal sanctions for engaging in industry. The forthcoming White Paper on energy such activities in other sectors. The groceries will address the strategic challenges facing us in order not alone legalised price fixing in the groc- that sector. ery sector, it made it compulsory. When this Government sought to remove one There was a general consensus that Ireland was of the principal causes of high grocery prices, among the most expensive countries in Europe in Fine Gael and others fought the proposal tooth which to buy groceries and all of the evidence and nail. Some, like Deputy Morgan, are still suggested the order contributed to this. While fighting it. CSO figures show that prices are moving in the Deputy Hogan complained about a plethora of right direction the real impact of removing the regulators and their lack of concern for the wel- order will be felt over time as new entrants join fare of consumers. The National Consumer the market, existing smaller participants expand Agency can be a thorn in the side of regulators their operations and competition among when they appear not to be acting in the best retailers increases. interests of consumers. The agency will be Deputies Hogan and Upton asked about the empowered and resourced to be a strong advo- resources of the new National Consumer Agency. cate for consumers with regard to the activities of It will have a budget that, when combined with regulated sectors and the regulators. that of the Office of the Director of Consumer Deputies Hogan and Morgan both expressed Affairs, ODCA, will amount to \8.4 in 2007. concern at the duplication of the activities of Future allocations will depend on the work prog- regulators. If the Deputies have read section 21 ramme devised by the board of the agency and of the Bill they will recognise that it is designed will be decided as part of the Estimates process. to avoid any such duplication. This year’s budget is almost twice that available Some Deputies, including Deputies Hogan and to the ODCA in its own right and the NCA will Upton, referred to the decision to revoke the have its own staff so I reject any suggestion of a groceries order this time last year. There have lack of independence. been conflicting views, not only in this House but Deputy Hogan asked about the application of among commentators in the media, as to the this Bill to business to consumer transactions. effect of this decision on grocery prices. Based on This is a key part of the unfair commercial prac- figures from the Central Statistics Office grocery tice directive and we cannot go beyond its terms. items previously covered by the order have However, it is also right that the NCA’s resources declined in price by 1.2% since last April, when and enforcement efforts should focus on con- the order was removed. Items not previously sumers, and not be deflected to matters concern- covered, mainly fresh meat, fish and vegetables, ing business to business transactions. have increased in price by 2.4%. These are fresh Deputy Hogan also wondered about efforts to products so, historically, their prices have tended restrict the rights of the NCA when appearing to fluctuate to a greater extent than prepared or before Oireachtas committees. There is no inten- packaged foods. tion to do this and Deputy Hogan might like to Nonetheless, the overall statistics for a combi- know that the Minister for Enterprise, Trade and nation of grocery goods covered and not covered Employment, Deputy Martin, will be sympathetic by the order show a decline in prices of 0.4% to an amendment in this regard on Committee since the order was removed. The Government Stage. The NCA will be empowered to conduct never predicted that prices would decline and it and publish price surveys for the benefit of would be foolish to make such predictions consumers. because so many factors impact on prices that one Deputy Upton referred to the impact con- cannot predict a future trend for any category of sumers in the UK have had on banks and banking goods. The prediction made was that grocery fees and I agree entirely that this is a good products would be cheaper in the future without example of how consumers can yield considerable the order than with it. The question that should powers when they act in concert. I encourage concern us is how much more expensive our groc- Irish consumers to learn from the experience of ery prices could be today had the order remained. UK consumers. Deputy Upton also referred to food labelling, Mr. Hogan: That is what they call moving the in particular the marking of origin on food prod- head rack. ucts, and I sympathise with her views. However, this is primarily a matter for the Minister for Mr. M. Ahern: In order to provide a proper Agriculture and Food, Deputy Coughlan. While answer it is necessary to examine what the order the Bill does not include a general prohibition on did. The groceries order stopped retailers com- misleading consumers regarding the geographical 1345 Hospitals Building 28 February 2007. Programme 1346 origin of products, the NCA will enforce this pro- Adjournment Debate. vision and will be an advocate for stronger regu- lation in this area if it sees it as warranted. The ———— NCA will be empowered to liaise with the Food Safety Authority of Ireland with regard to the Hospitals Building Programme. issues raised by Deputy Upton. I agree with a great deal of what Deputy Upton Mr. O’Dowd: This issue is very important and had to say, especially as she highlighted a number I thank the Ceann Comhairle for placing it on of important consumer issues related to food the agenda. labelling. Many of these issues will be examined Our Lady of Lourdes Hospital, Drogheda, is by the NCA when it is established on a statutory the major acute hospital for the region and the footing because the Bill gives the agency this majority of regional services are based there. The power. hospital represents a critical mass of consultants, I agree with Deputy Upton’s comments on doctors and nurses for the region and its future is ringtones and the ODCA tackled this issue with in doubt following the Teamwork report. I tabled a good deal of success but the NCA will remain the motion because I want to know the nature of vigilant with regard to such practices. The cross- the process being used to determine the location border aspect of the unfair commercial practices of the new acute hospital the Health Service directive, UCPD, allows for co-operation with Executive proposes to build in the north east. enforcement agencies in other jurisdictions to This process must be transparent and open. What tackle such issues. criteria will be used? Will the public have direct The issue of policing consumer protection in access to the consultants who will produce a the area of Internet trading was raised. This is an report and make a recommendation? increasingly popular way of transacting business Members of the public have a democratic right and the provisions of the Bill apply to Internet to express their views and have an input in the trading as they do to all other forms of trading. democratic process. Political accountability for EU cross-border infrastructure allows for co- the eventual decision is needed at Cabinet level. operation between enforcement agencies in Having met last week with the chairperson of the different jurisdictions making for easier policing implementation group and the acute hospital of the activities of Internet traders throughout the manager for the north east, Mr. Lyons, I rang the 27 member states. This type of transaction is also HSE yesterday to ask what process would be used governed by an EU distance selling directive that in selecting a site for the new hospital and how is currently being reviewed by the European members of the public could secure direct access Commission. My Department will actively par- to the consultants. I was informed by the HSE ticipate in that review. that the matter was “under consideration” and it Deputy Morgan inquired about estate agents could not guarantee that a public consultation and the practice of arranging ghost bids on process would take place. It could not tell me properties. This will be prohibited by section what was the truth of the matter. 43(2)(b)(ii) of the Bill. A lack of transparency, accountability and Regarding Deputy McHugh’s point, local auth- openness lies at the heart of the Government. ority services for which a charge is made are People in Drogheda are extremely angry and con- covered by this Bill. cerned that the formula for progressing the pro- I thank the Deputies who have taken part in cess does not include a procedure to allow them the debate on this Bill which was supported on to make representations regarding the consult- all sides of the House. I thank the officials for the ants’ report. work they did in recent months and I commend The recent HSE report examining the current the Bill to the House. level of services at Our Lady of Lourdes Hospital, Drogheda did not consider as a potential hospital Question put and agreed to. site a property owned by the Medical Missionar- ies of Mary and located adjacent to the Lourdes Hospital site, nor did it examine the possibility of Consumer Protection Bill 2007 [Seanad]: relocating two primary schools immediately Referral to Select Committee. adjacent to the hospital. It did not consider using Minister of State at the Department of GAA grounds, which are currently up for sale, 20 Enterprise, Trade and Employment (Mr. M. acres of land owned by the HSE in the area or Ahern): I move: soccer grounds located immediately adjacent to the hospital. The Health Service Executive has That the Bill be referred to the Select Com- not objectively considered Drogheda as a site for mittee on Enterprise and Small Business, in the new hospital or examined all available sites accordance with Standing Order 120(1) and immediately beside the hospital. paragraph 1(a)(i) of the Orders of Reference People in Drogheda are up in arms and deeply of that committee. concerned that the hospital will be moved to wherever our political masters or the unaccount- Question put and agreed to. able and undemocratic Health Service Executive 1347 Hospital 28 February 2007. Services 1348

[Mr. O’Dowd.] place advertisements in the national and local decide. They are extremely angry and will vote newspapers in the north east shortly and sub- on this issue in the forthcoming general election. missions will be analysed by the consultancy as I make my comments without knowing what part of the location study. The consultancy will will be the Minister of State’s response. People in produce an independent report, which will be south County Louth and Drogheda and the staff submitted to the steering group and then brought of 1,500 who work in Our Lady of Lourdes to the management team of the HSE and the Hospital, Drogheda, will not be moved by an HSE board for consideration. It is expected that undemocratic and unaccountable HSE. the recommendation of the board will be brought when this process is complete. Minister of State at the Department of Health It should be emphasised that the HSE has and Children (Mr. B. Lenihan): I will take the given the Minister an assurance that, in pro- adjournment on behalf of my colleague, the Mini- gressing the re-organisation of services in the ster for Health and Children, Deputy Harney. north east, there will be no discontinuation of The Health Service Executive established a existing services until suitable alternative steering group and project group to oversee a arrangements have been put in place. programme designed to improve safety and stan- dards for patients in the north-east region. The Mr. O’Dowd: The policy has changed since decision was taken having regard to the issues yesterday. raised in the report prepared for the HSE by Teamwork Management Services, Improving Safety and Achieving Better Standards — An Hospital Services. Action Plan for Health Services in the North East. Ms B. Moynihan-Cronin: I thank the Ceann Comhairle for affording me the opportunity to Mr. O’Dowd: I did not ask about the report. raise this issue. I bring to the attention of the House the chronic circumstances in the maternity Mr. B. Lenihan: I will address the Deputy’s unit in Kerry General Hospital in Tralee, which concern in a moment. The Teamwork report should shame and embarrass the Minister for included a number of recommendations to Health and Children and other members of the improve patient care in the region. It specifically Government. highlighted the need to develop a high quality, The maternity unit in Kerry General Hospital responsive emergency and planned service in line is bursting at the seams. While the delivery rate with international standards. It recommended at the unit has increased dramatically in recent that there be one major regional hospital in the years, staff numbers and facilities have not north east supported by five local hospitals. The changed and are completely inadequate. Since new hospital is to provide emergency and trauma 1999, for example, the number of births recorded services on a 24-hour basis and planned specialist annually at the unit has increased from approxi- procedures which are complex and require the mately 1,000 to more than 1,600 but there has not facilities of a large regional hospital. been a corresponding increase in the number of The hospital reconfiguration process is being personnel or level of facilities available to cater overseen by the HSE steering group which is for and cope with the increased birth rate. leading the project. No decision has been made The position is so grave that the maternity unit to date on the location of the new hospital. A is experiencing a shortage of cots for newborn sub-committee of the steering group has been babies. I understand that in some cases new established to progress the issue of site selection. mothers are required to look after their newborn A consultancy is to be awarded shortly for an babies 24 hours per day for the first few days after independent site location study. The study will birth because of the shortage of nursery beds. take account of various criteria, including demo- This places them under untold pressure. graphics, access, planning and development con- I am sorry to report that staff shortages at siderations and interdependencies. The HSE Kerry General Hospital have resulted in Polish expects the consultancy will be awarded by the women living in County Kerry returning home to end of March, with an eight-week timeframe have ante-natal scans. The waiting time for an thereafter to undertake the study and produce a ante-natal appointment in Tralee averages 24 report for the executive recommending a location weeks, which is longer than Polish women living for the new hospital. here need to secure an appointment in Poland. We have reached the stage, in our booming econ- Mr. O’Dowd: The election will be over at that omy, that we are sending women who live here point. It is a whitewash. to the other side of Europe for maternity appointments. Irishwomen have no facility to Mr. B. Lenihan: A key element of this process arrange an appointment elsewhere and must wait will involve the Health Service Executive inviting for 24 weeks. This waiting time is appalling. the public and other interested parties to make a The problems at the maternity unit in Kerry submission on the hospital location. The HSE will General Hospital do not end there. Despite an 1349 Nursing Home 28 February 2007. Subventions 1350 increase of 50% in the number of births in the Kerry General Hospital in the context of overall hospital, it does not have dietitians or counsellors capital and revenue funding resources available to attend to the needs of new mothers. to it. The Minister of State, Deputy Brian Lenihan, The recent report by the Institute of Obste- and his colleagues have done nothing in the past tricians and Gynaecologists refers to the future of decade to alleviate pressures experienced in the maternity and gynaecology services in Ireland. maternity unit of the hospital. Despite receiving The report sets out the institute’s views on a the first submission from the hospital requesting range of issues including, for example, the need a new maternity unit more than four years ago, to develop clinical maternity networks through- no progress has been made. A new maternity unit out the State. The HSE will have regard to the is urgently needed and would free up 40 beds for institute’s findings in developing these services. use elsewhere in the hospital. Unfortunately, maternity services are not the Nursing Home Subventions. only crisis facing the hospital. No full-time acci- dent and emergency consultant has been in place Mr. Connolly: I thank the Ceann Comhairle for for more than a year, the accident and emergency selecting this issue for debate. I look forward to department and other departments are experienc- some answers from the Minister of State in regard ing major bed shortages and no progress has been to the nursing home subvention scheme. It is my made on extending the accident and emergency understanding that changes to legislation should department. improve the lot of citizens, most especially in I need answers from the Government outlining matters relating to the welfare of the elderly. The how it proposes to address the ongoing crisis at recent changes to the legislation on nursing home the maternity unit of Kerry General Hospital. It subventions, however, have been particularly is an abomination that no progress has been made hurtful for elderly people. on this facility after ten years. How much longer The situation prior to 1 January 2007 was that must the women of County Kerry to wait? It is subvention was paid at a rate of \190 per week. unacceptable that they must wait for 24 weeks for Patients then contributed some \180 per week an ante-natal appointment. from their pensions, retaining \40, or \42 if they were over 80 years old. This gave a total of \370, Mr. B. Lenihan: I am taking this matter on with an additional enhanced subvention being behalf of the Minister for Health and Children, met by the HSE to give a total of \650, which met Deputy Harney. Operational responsibility for the average cost of a bed in the Cavan-Monaghan the management and delivery of health and per- area. Since 1 January, however, the nursing home sonal social services is a matter for the Health subvention was increased to \300. Patients must Service Executive. The department of obstetrics still contribute \180 from their pension, giving an and gynaecology at Kerry General Hospital pro- amount of \480, and the shortfall of \170 must vides a range of ante-natal and post-natal be met by the patients or their families. services, including a foetal assessment unit, early I understand the information I have supplied is pregnancy clinics, outpatient clinics, breast-feed- correct. The first casualty in this new situation ing support, physiotherapy services and dis- will be the few euro in pocket money that is left charge classes. to patients every week. This will effectively be The HSE has advised that the department of stolen by the HSE as the extra charge is imposed obstetrics and gynaecology has experienced a sig- on patients and their families. The average cost of nificant increase in demand for its services in a bed in the Cavan-Monaghan area is anywhere recent years. The executive has further advised between \650 and \800 per week but the HSE that a capital projects development team was has set a minimal rate of \540. I cannot under- established by the management of Kerry General stand this. Many of the staff who must deliver Hospital in September 2000, which prepared a these subvention programmes are unhappy. strategy plan for the current and future needs of It is unfortunate that the contract is between the hospital. The construction of a purpose built the patient and the nursing home and that the maternity unit was included in the plan. HSE has stepped out of the way. I have spoken The provision of a new maternity unit at Kerry to nursing home owners who say their prices will General Hospital was considered for inclusion in increase, if they have not already done so, the HSE capital plan for 2006 as part of the rol- because of the rising cost of oil, gas and electricity ling capital programme for 2006-10. Due to com- and as a result of rising staff wages. I heard of peting demands for capital funding, however, one nursing home with some 50 beds where the including other significant capital projects in the wages bill alone will increase by \100,000 per Kerry area, this project was not prioritised for annum. In such circumstances, it is inevitable that inclusion in the capital plan that was approved by the cost of beds will increase. the HSE board and the Minister for Health and Another difficulty relates to the processing of Children. It is a matter for the HSE to consider subvention payments in general hospitals. Time is the progression of the new maternity unit at often wasted in trying to identify whether a pati- 1351 Nursing Home 28 February 2007. Subventions 1352

[Mr. Connolly.] \300 per week. Additional funding of \55 million ent is entitled to subvention, during which time a was provided for this purpose in budget 2007. The bed continues to be occupied in the hospital. change in the rate means that as many as 1,800 When a patient is in hospital his or her charges people not previously eligible for subvention may are met by that hospital but it is a different now qualify for a payment. In addition, the HSE situation when the patient enters a nursing home, has finalised national guidelines for the standard- where a different budget is in operation. There is ised implementation of the nursing home subven- constant internal wrangling about who pays for tion scheme. These were circulated on 29 January what. It is little wonder we have difficulties in 2007 to all subvention officers working in local Beaumont Hospital, for instance, given that one health offices. in six beds there are occupied by patients who Nothing in the guidelines shall operate in a way are already fit for discharge. Many such patients that is inconsistent with the proposed new scheme remain there for three months or more at a high for 2008, A Fair Deal. Furthermore, nothing shall cost to the community. worsen an applicant’s overall position in 2007 by Attempts to deal with this problem between comparison with 2006. Under the guidelines, the August 2005 and December 2006 focused on five assessment of means will now be carried out using discharge initiatives. These initiatives helped to a national standard financial assessment method. free up beds in Beaumont Hospital but people This should address past complaints about incon- with elderly relatives realise quickly that if there sistency in the administration of the scheme and is one discharge initiative followed by four others, the amounts of subvention paid from place to it is most likely there will be further such place. initiatives. The guidelines detail a number of improve- Discharge initiatives are favourable to patients. ments to the subvention scheme, all of which are It pays them to stay in the hospital bed because consistent with the proposed new scheme, A Fair there is no means testing of discharge initiative Deal. First, the means assessment process will patients. They are asked only to contribute \120 ensure that a remaining spouse or partner is not per week from their pension on an ongoing basis. left with less than the current maximum rate of This is not the way forward. We must ensure the non-contributory State pension. A further there are more nursing home beds in the com- improvement is that the HSE will cease imputing munity. Another difficulty is that some nursing income from the principal private residence homes are charging more than \1,200 per week where it has already been imputed for three or for a bed. It is not the best use of health service more years. This is again consistent with the new resources to subsidise such a luxurious level of scheme. In addition, the HSE will not automati- accommodation. cally exclude individuals from applying for sub- It is vital that more geriatricians are appointed vention, and consequently from the means assess- in the health service. In County Meath, for ment process, on the basis of the property or asset example, there is not one geriatrician available to thresholds. Everyone will be eligible to undertake patients. This has knock-on effects. It is the means assessment process. unacceptable that patients should have to wait up In addition to the increased rate of basic sub- to 18 months for geriatrician appointments and vention, additional funding of \30 million has occupational therapy assessments. been made available in 2007 for enhanced sub- Hospice cover is also required for patients at vention. This is a supplementary subvention that weekends. Such patients receive excellent care may be paid by the HSE to a person in or from Monday to Friday but those families who entering private long-term care. The amount of wish to look after their relatives at home are iso- enhanced subvention paid is at the discretion of lated at weekends. the HSE and varies according to the cost of care and the circumstances of the applicant. The Mr. B. Lenihan: I will take this matter on additional enhanced subvention will be used to behalf of the Minister for Health and Children, develop a consistency between the payment of Deputy Harney. I thank the Deputy for raising subvention during 2007 and the new nursing the question as it provides me with an oppor- home support scheme for 2008, and to work tunity to outline to the House the improvements towards equalisation of the level of support paid made to the nursing home subvention scheme. to people in different areas, taking local prices The scheme was introduced in 1993 to assist with and a person’s means into account. the cost of private nursing home fees. A subven- The HSE guidelines provide that it is not tion may be paid where a person has been necessary to qualify for a basic subvention pay- assessed as needing nursing home care by the ment in order to apply for an enhanced subven- Health Service Executive and where he or she has tion payment. However, an applicant for satisfied a means test. enhanced subvention will be subject to the means Since 1 January 2007, there are no longer three assessment. In light of the above improvements, separate rates of subvention. Persons who apply the HSE is reassessing all those already in receipt may receive any amount up to a maximum of of a nursing home subvention. I advise people in 1353 Social and 28 February 2007. Affordable Housing 1354 private nursing homes who do not currently housing into a locality where they would lower receive a subvention payment to apply to the the tone. I reject that. HSE for an assessment. This means nothing to me politically, I am not standing in the next election, but I want to ensure Social and Affordable Housing. before leaving public life that this project goes ahead. I have only until May and I want the Mini- Mr. Walsh: I thank the Minister of State for ster of State who has responsibility for affordable coming into the House to take this matter. This housing schemes to give me a commitment that is an extraordinary situation. In early 2004, 16 the project will go ahead. There will only be 100 hectares of land were made available to Cork houses but it is vital that local people have a County Council to provide affordable houses to chance to buy their own homes and the Depart- people in west Cork. From the outset, this land, ment of the Environment, Heritage and Local in an idyllic setting beside a church and school in Government pushes ahead with this project. a local village, was ideal for the provision of hous- ing for those who cannot afford to purchase a site Minister of State at the Department of the and build their own house. The Fine Gael coun- Environment, Heritage and Local Government cillors in west Cork, however, tried to prevent the (Mr. N. Ahern): I thank Deputy Walsh for raising scheme. I want the Minister of State and the this matter. Department to ensure that three years later, this The site in Clonakilty was one of the sites project will commence. Not a sod has been turned released to the affordable housing initiative so far. announced in December 2003. It was released by The entire project was frustrated and every Deputy Walsh during his tenure as Minister for possible obstacle put in its way from the outset, Agriculture and Food. I acknowledge that fact something I find astonishing after a quarter of a because the Deputy and the Department were century in public life. A total of 16 hectares of helpful at the time in putting forward a number prime land was made available and the architec- of sites for the initiative. The support and co- tural department in Cork County Council put its operation of Deputy Walsh and the Department expertise and professionalism to work, designing were significant. a beautiful eco-village where young people could Lead responsibility for planning and make a home in a location with every facility for developing this project rests with Cork County children and adults. Out of nothing short of rural Council and officials in the Department are in snobbery, the local Fine Gael councillors decided regular contact with the council to ensure the pro- to stop this because they did not want to lower ject is advanced as quickly as possible. On com- the tone of the area. It is incredible. pletion of the development, the site will comprise This culminated on 22 May 2006 in a motion a mix of affordable, social, voluntary and private before a meeting of Cork County Council to homes, with 74 of the 104 homes being made allow the scheme to go ahead. An amendment available under the initiative. Affordable homes was put down by Councillor Maura Cal are private homes. There are people who try to mix them up with other forms of housing. They McCarthy, seconded by Councillor Kevin come with a discount but they are private homes Murphy, to reject this eco-village at Darrara, owned by those who move into them. Clonakilty, County Cork. A vote was taken and I appreciate the Deputy’s concerns about the Councillors K. Murphy, Kelly, Ryan, Canty, lack of pace in progress on this project. I am Pyne, O’Doherty, M. Murphy, Buckley, Sheahan anxious to see the project moving ahead as and McCarthy voted against it. Thankfully a quickly as possible and that is the basis on which majority of the council voted in favour. To this my Department is engaging with Cork County day, however, the project is progressing at a Council on the matter. We want this to happen snail’s pace and no work has been done on the quickly. From the time a site is acquired, it can site. take a couple of years before houses are ready I want to ensure the people in the area I rep- for people to move in but progress in this scheme resent can get an affordable home of their own has been painfully slow. and that the land in this idyllic village is put at A crucial stage in advancing this project is the their disposal. I would like a commitment from completion of the design phase and the sub- the Minister of State that the Department will mission of an application under Part VIII of the ensure the project will go ahead despite the Planning and Development Regulations 2001 for obstruction of the Fine Gael councillors. It is so the approval of the elected members before it can incredible. In my 25 years in this House rep- proceed. Having advertised for expressions of resenting the people of Cork South-West, I have interest for the preparation of the relevant docu- never come across anything like it. It is down to mentation required for the Part VIII process, and nothing other than sheer rural snobbery, not for the preparation of cost plans, tender docu- wanting to bring what Fine Gael would regard as mentation and the construction contract, the people who are looking for social or affordable council will be holding interviews on 23 March. 1355 The 28 February 2007. Adjournment 1356

[Mr. N. Ahern.] involved in granting the site, some council This should allow for consultants to be appointed members are determined there will be no sign of in April, clearing the way for the commencement the houses starting before the election. The of the Part VIII preparatory work. Department, however, is determined this will commence and that is what will happen. Given The successful completion of the Part VIII pro- that things have gone so slowly, they will not start cess will determine the date that construction can now because the Part VIII process will take a commence on the site. Given the central role of number of months and we need the co-operation the elected members of the council in this regard, of the members. They have probably boxed them- I urge the councillors to engage proactively with selves into a corner and will not be able to do it council officials with a view to expediting the within that timeframe. However, life does not end matter. I assure the Deputy that the Department whenever the election takes place in May or June. will also continue to monitor progress and liaise The Department is determined that this work will with the council to ensure the project is com- proceed and it will keep pressing the matter. The pleted as speedily as possible. Government originally designated this site as part Throughout the process to date, I have stressed of the affordable housing initiative in December 2003. It is very disappointing that we have not yet the importance of avoiding any unnecessary got planning. However, it will happen. I hope the delays and ensuring, where feasible, that pro- people down there and all elected representatives cesses are paralleled. That, unfortunately, has not will be in a different mood once the election is happened. When the plan went through in May over. Regardless of who might be Minister, the 2006, I thought the Part VIII process would pro- Department will continue to push to get those ceed quickly, but here we are talking about doing badly needed houses built. I thank the Deputy for it nine months later. At every stage, for whatever raising the matter. reason, be it council members or officials, we are moving at a snail’s pace. The election is coming The Da´il adjourned at 10.40 p.m. until and because Deputy Walsh was so centrally 10.30 a.m. on Thursday, 1 March 2007. 1357 Questions— 28 February 2007. Written Answers 1358

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 11, inclusive, answered European countries, it is a normal occurrence orally. that people are bilingual. The vision for Ireland is similar, with both English and Irish being Questions Nos. 12 to 69, inclusive, resubmitted. widely used on a daily basis throughout the country. Question No. 70 lapsed. As I have already outlined to the House, the Government published a Statement on the Irish Question No. 71 answered orally. Language on 19 December last. The Govern- ment’s position with regard to the promotion and Question No. 72 lapsed. development of the Irish language is set out in that Statement. The Statement also commits the Questions Nos. 73 to 79, inclusive, answered Government to the development of a twenty-year orally. strategy based on the 13 objectives outlined in the Statement. I have indicated the arrangements Irish Language. that have been made in relation to the prep- 80. Mr. McCormack asked the Minister for aration of such a strategy and these matters are Community, Rural and Gaeltacht Affairs if he is currently being addressed. satisfied with the situation whereby 57% of people recently surveyed were found not to have Community Development. an ability to speak Irish; and if he will make a 81. Mr. Penrose asked the Minister for Com- statement on the matter. [7726/07] munity, Rural and Gaeltacht Affairs the local community and voluntary groups in each con- Minister for Community, Rural and Gaeltacht stituency that are administering the community ´ ´ Affairs (Eamon O Cuı´v): I assume that the figure support for older people; and if he will make a quoted by the Deputy is derived from recently statement on the matter. [7698/07] available Census results. As the Deputy will be aware, interpretation of any such figures must Minister of State at the Department of Com- take account of a range of factors, including munity, Rural and Gaeltacht Affairs (Mr. N. population increase, levels of immigration, etc. I Ahern): Information in relation to the local com- understand that analysis by the CSO of data relat- munity and voluntary groups funded under the ing to Irish language competence in 2004 indi- Scheme of Community Support for older People, cated that 36.7% of the population over the age listed by county, is available on my Department’s of 3 did not have such competence, while 38.7% website at www.pobail.iettp://www.pobail.ie/ of the population were reported as speaking Irish en/CommunityVoluntarySupports/Community on a daily basis. SupportforOlderPeople/. The Government’s policy is to increase aware- ness and use of the Irish language as a Com- National Drugs Strategy. munity language on a phased basis. Its specific aim is to ensure that as many of our citizens as 82. Ms Shortall asked the Minister for Com- possible are bilingual in Irish and in English. The munity, Rural and Gaeltacht Affairs if his atten- intention is not to displace the English language tion has been drawn to a recent academic study but to strengthen the Irish language. In many carried out at Dublin City University that showed 1359 Questions— 28 February 2007. Written Answers 1360

[Ms Shortall.] involved in the survey. While drawing attention that every banknote tested was contaminated by to increased prevalence of cocaine, this survey traces of cocaine; his views on the recent upsurge also stresses the steps being taken at local level, in cocaine use as evidenced by this study; the with funding from my Department, to address the efforts he is making to combat the spread of evolving situation. Furthermore, while more than cocaine; and if he will make a statement on the half of drug treatment projects involved reported matter. [7688/07] seeing clients with cocaine as their main drug, the numbers coming forward for treatment for 85. Mr. Gormley asked the Minister for Com- cocaine addiction is still low. The report also munity, Rural and Gaeltacht Affairs his views on stresses the physical and mental health problems the need for increased resources to deal with arising for cocaine users as well as the financial cocaine addiction within the National Drugs and legal problems and the knock-on effects on Strategy particularly in view of the fact that drug families and communities. In fact, I have repeat- treatment centres (detail supplied) are seeing an edly stressed these issues myself in the context increasing number of clients for whom cocaine is of so-called “recreational” or “week-end” cocaine the main problem drug. [7771/07] users and the glamorising of cocaine in some quarters. 108. Mr. Howlin asked the Minister for Com- At my request, the National Advisory Commit- munity, Rural and Gaeltacht Affairs if his atten- tee on Drugs (NACD) and the National Drug tion has been drawn to the results of a recent sur- Strategy Team (NDST) recently prepared a joint vey carried out by researchers from the DCU’s briefing paper on cocaine, based on existing data National Centre for Sensor Research which in Ireland. The paper, which is due to be pub- found that 100% of Irish banknotes examined lished next week, concluded that all data sources showed traces of cocaine; his views on the wide- indicated an upward trend in cocaine use. A spread use of cocaine reflected in the survey’s number of recommendations are made in the results; the steps he is taking to deal with what paper, principally in regard to treatment, but also has been described as a cocaine heroin; and if he covering supply, prevention and research. will make a statement on the matter. [6835/07] A key conclusion of the report is that treat- ment, primarily in the form of counselling, can 142. Ms McManus asked the Minister for and does work and, in this context, the provision Community, Rural and Gaeltacht Affairs if his of some cocaine specific clinics in areas where attention has been drawn to recent comments cocaine problems are more acute is being con- from the co-ordinator of a group (details sidered. However, in the broader context, I am of supplied) that an increasing number of drug treat- the view that we should work towards having ment centres are seeing clients for whom cocaine drug services that can cater for the individual is the main drug problem; if, in this regard, he problem drug user, regardless of the drugs they recognises the need for more resources for the use. National Drugs Strategy to deal with the larger Another key recommendation relates to the amounts of cocaine and higher level of use of the training of frontline personnel to deal with drug here; if he will therefore account for the fail- cocaine issues. I have already funded a training ure to increase funding to the National Drugs initiative in this regard, as well as four pilot Strategy in Budget 2007; and if he will make a cocaine treatment projects to examine different statement on the matter. [7691/07] methods of treatment for cocaine use. The out- comes of those projects which have been com- Minister of State at the Department of Com- pleted are being examined at present to see to munity, Rural and Gaeltacht Affairs (Mr. N. what extent they can inform the way forward. Ahern): I propose to take Questions Nos. 82, 85, Furthermore, I have funded six cocaine specific 108 and 142 together. projects under the LDTF Emerging Needs Fund While I am aware of the Dublin City University and the NDST, along with the Drug Task Forces, report referred to by the Deputies, I do not con- will continue to review the needs in communities. sider that anything of significance can be con- As regards funding, I am delighted with the cluded on the basis of the information therein. 16% increase to tackle drug misuse now con- The sample of notes used would appear to have firmed for 2007, especially as it follows on from been quite small and such surveys can give dra- significant increases in the previous two years. matic outturns, particularly given the potential The allocation of \50m shows an increase of 87% for cross-contamination of banknotes. The results on the corresponding figure for 2004. Further- are not dissimilar to those recorded in London in more, the Deputies should note that the \50m in 1999 — and Spain in 2003 — when 99% and 94% my Department’s Vote is only part of an overall of banknotes tested showed traces of cocaine. allocation of well over \200m provided by the The follow-up survey by Citywide, “Cocaine in Government across a number of other Depart- Local Communities”, is a welcome contribution ments to tackle the drugs problem this year. to our overall knowledge in this area, particularly Meanwhile, work on the second all-island in the Local Drugs Task Force (LDTF) areas Drugs Prevalence Survey is in progress and it is 1361 Questions— 28 February 2007. Written Answers 1362 expected that preliminary results will be available In general this work involves (i) erecting and in the latter part of this year. This will give much maintaining walkway furniture such as fencing, greater clarity on the overall prevalence of footpaths, stiles, footbridges, drainage channels, cocaine. signs, benches and facilities for disposal of litter The challenges posed by cocaine use are signifi- etc; and (ii) carrying out path repair and cant but I am confident that we can meet these upgrading. challenges through a co-ordinated approach In this context, an amount of \0.6m was made utilising the structures of the National Drugs available to Fa´ilte Ireland under the RSS for the Strategy. development of 40 looped walks in 2006. A further \1.5m will be available in 2007 for capital Rural Social Scheme. work under the Scheme and my Department will be writing to the Implementing Bodies very 83. Mr. McEntee asked the Minister for Com- shortly advising them of funding available this munity, Rural and Gaeltacht Affairs his proposals year. I envisage that the RSS will continue to play for the rural social scheme; if he will increase the a significant role in the development of country- number of places available on this scheme in view side recreation into the future. of the significant demand for places; and if he will With regard to Co. Roscommon, the RSS in make a statement on the matter. [7734/07] North, North East and North West Roscommon areas is implemented by Arigna Catchment Area 98. Mr. Carty asked the Minister for Com- Community Company Ltd and in Mid and South munity, Rural and Gaeltacht Affairs the types of Roscommon by Mid South Roscommon Rural projects carried out through the rural social Development Company Ltd. The following are scheme by each of the LEADER companies the types of works currently on-going in the operating in County Mayo; if these have included county under the Scheme: the development of countryside walks or trails; and his views on increasing the number of places • Maintenance and enhancement of way available on the scheme. [7597/07] marked ways and agreed walks in the county and local villages; 134. Mr. Finneran asked the Minister for Com- • Maintenance of local community centres, munity, Rural and Gaeltacht Affairs the main halls, community sports centres, football works which have been carried out under the pitches and facilities, cemeteries, heritage rural social scheme in County Roscommon to centres, local monastic sites and parks; date; and the role he envisages the rural social scheme having in developing countryside • Provision of clerical and technical support recreation such as walking and cycling in County to local community and voluntary groups; Roscommon in the future. [7600/07] • The administration of the Rural Infor- mation Bureau; and Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I propose to take Ques- • Working with pre-school groups. tions Nos. 83, 98 and 134 together. There are currently 5 groups working on waym- Currently, there is provision for 2,600 partici- arked ways and agreed walks in the county — pants and a further 130 supervisors on the Rural three covering North / North East and North Social Scheme (RSS). While all of the available West Roscommon and two covering Mid and places have now been allocated, Implementing South Roscommon. Bodies have been encouraged to form a waiting In Co. Mayo, the RSS is implemented by Com- list of suitable eligible applicants, which can then har Iorrais Leader Teo, Comhdha´il Oilea´in na be used to fill vacancies as and when they arise. hE´ ireann, Meitheal Forbartha na Gaeltachta, Since its introduction, the Scheme has become South West Mayo Development Company Ltd, a key part of many rural communities and is very U´ dara´s na Gaeltachta, Moy Valley Resources popular with both participants and local sponsors. and IRD Kiltimagh. The following are the types While communities benefit from the skills and of works currently on-going in that county under talents of local farmers and fisher persons, partici- the Scheme: pants also have the opportunity to improve exist- ing, or develop new skills and perform valuable • Maintenance and enhancement of way work in their local communities. In this context, marked ways and agreed walks in the the Deputies should note that funding for the county and local villages; RSS for the period 2007-2013 is included in the • Maintenance of local community centres, National Development Plan which clearly con- churches, halls, school grounds, community firms the Government’s continued and on-going sports centres, football pitches and facili- commitment to the Scheme in the coming years. ties, tennis courts, river banks, woodland In relation to countryside recreation, the RSS areas, piers and beaches; provides the personnel and capital for projects relating to the maintenance and enhancement of • Administration and secretarial duties for way marked ways, agreed walks, bog roads etc. parishes, women’s groups, community 1363 Questions— 28 February 2007. Written Answers 1364

´ ´ [Eamon O Cuı´v.] which the decriminalisation policies and practices councils, community development offices, adopted towards drugs in Portugal and the community radio; Netherlands have been used in shaping the • Care of the elderly and needy in the Government’s drugs policy and the National community; Drugs Strategy; if aspects of the law in these countries is considered appropriate here; and if • Provision of information in the Citizen he will make a statement on the matter. Information Centre; [7681/07] • Working with play/toddler groups; Minister of State at the Department of Com- • Graveyard mapping; munity, Rural and Gaeltacht Affairs (Mr. N. • Provision of advice on Warmer Homes, Ahern): I am aware of the approach adopted in insulation and draft proofing; the Netherlands, which facilitates the use of can- nabis under specific conditions, and in Portugal, • Croagh Patrick — Stewards for reek Sun- where there is an emphasis on dealing with prob- day and maintenance of car park; lem drug users through treatment procedures • Lakeside enhancement; and rather than through the courts in the first instance. However, these approaches have not • Refurbishing of monuments and museum been taken into account in shaping the current exhibition. National Drugs Strategy. It is my view that a change in the law regarding National Drugs Strategy. the use of drugs would not be of benefit in tack- 84. Ms Shortall asked the Minister for Com- ling drug misuse in Ireland. With respect to an munity, Rural and Gaeltacht Affairs his views on international perspective on whether a policy of whether the introduction of a new law to make it containment works, the United Nations Office for an offence to incite someone to take drugs would Drugs Control (UNODC), in its 2006 report, have an impact on drug use here; if, in particular, argues that there is ample evidence that the such a law could help prevent the source of drugs approach of making drugs illegal, which is for many young and first time users; and if he will broadly adopted internationally, is effective. make a statement on the matter. [7690/07] The Mid-Term Review of the National Drugs Strategy (NDS), which was published in 2005, Minister of State at the Department of Com- found that the current aims and objectives of the munity, Rural and Gaeltacht Affairs (Mr. N. Strategy are fundamentally sound and that pro- Ahern): The introduction of a law to make it an gress is being made across all of the pillars. In offence to incite someone to take drugs is a this context, the Deputy should note that while matter for my colleague Michael McDowell T.D. an extensive public consultation process was Minister for Justice, Equality and Law Reform. undertaken as part of the review, the question of However, I would be of the opinion that such decriminalisation or legalisation of drugs were legislation would not represent an appropriate, or not raised as issues. effective, response to tackling the problem of Illegal drug use is a global issue and so our drug misuse. efforts to tackle it in Ireland must be seen in that In this context, the Deputy should note that context. The benign approach to cannabis in the prevention and supply reduction are two of the Netherlands, for instance, has lead to what is pillars of the National Drugs Strategy, both of which are significantly resourced through my own referred to as “drug tourism” with undesirable Department, the Departments of Education and consequences for that country and for nearby Science and Justice, Equality and Law Reform countries. Against this background, and given the and the Health Services Executive. I feel that the more widespread support for making drugs illegal best way of tackling drug misuse is through robust across Europe, it is my view that a change in the preventative measures, allied with continuing vig- law regarding the possession of, say, cannabis ilance regarding enforcement. would be of no benefit whatsoever in tackling In any event, I would be of the view that legis- drug use here — in fact, I would be concerned lation on the lines suggested would be very diffi- that it might aggravate the problem. cult to implement. Problems would arise in While cannabis may not be as dangerous as relation to the definition of incitement and the some other drugs, the evidence is that it is damag- likelihood is that the burden of proof would be ing to the physical and mental health of the user, very onerous. particularly the young and those who are heavy users. A recent report by the Joint Oireachtas Question No. 85 answered with Question Committee on Arts, Sport, Tourism, Community, No. 82. Rural and Gaeltacht Affairs emphasises these points. It is my view that the legalisation of such 86. Mr. Broughan asked the Minister for Com- drugs would lead to greater levels of usage with munity, Rural and Gaeltacht Affairs the extent to associated health problems. 1365 Questions— 28 February 2007. Written Answers 1366

Drug Treatment Programme. Four Midland centres, Offaly County Council, Tullamore, Birr and Edenderry Town Councils, 87. Mr. English asked the Minister for Com- are among a number of centres where pilot JPCs munity, Rural and Gaeltacht Affairs his views on have been established. A primary function of the statements made by a drug treatment consult- these committees is to serve as a forum for con- ant, (details supplied) that lack of heroin treat- sultation, discussion and recommendations on ment facilities in the midlands in leading to local policing matters and to keep under review increased drug overdoses and increased drug levels of crime, disorder and anti-social behav- dealing by addicts to feed their habits; the way he iour, including the patterns and levels of misuse will address this problem; and if he will make a of alcohol and drugs. statement on the matter. [7730/07] Finally, in relation to drug-related deaths, I Minister of State at the Department of Com- understand that the HSE is not aware of an munity, Rural and Gaeltacht Affairs (Mr. N. increased number of drug overdoses in the Mid- Ahern): The Deputy will appreciate that primary lands. In line with commitments in the National responsibility for drug treatment rests with my Drugs Strategy, a National Drug-Related Death colleague, Mary Harney T.D., the Minister for Index is being established. This will give us a Health and Children. clearer view of the situation on the ground and will facilitate the development of health and However, I understand that the Health Service social service responses aimed at reducing the Executive (HSE) provides addiction services in number of such deaths. nine locations in the Midlands region. The range of services provided includes methadone main- tenance, counselling, education/awareness prog- Decentralisation Programme. rammes and referral services to community, men- 88. Mr. Quinn asked the Minister for Com- tal health and hospital services. The HSE also munity, Rural and Gaeltacht Affairs the situation provides intervention programmes for the regarding the decentralisation programme families of substance misusers. underway in his Department; and if he will make As of December 2006, there were 8,101 people a statement on the matter. [7701/07] in receipt of methadone treatment of which, 244, were being treated in the Midlands region. I Minister for Community, Rural and Gaeltacht understand that there are 51 people on the wait- Affairs (E´ amon O´ Cuı´v): My Department is com- ing list for treatment — 36 in Athlone and 15 in mitted to relocating 140 posts to new head- Portlaoise. The HSE is working to address this quarters at Knock Airport which we expect to see waiting list, particularly by endeavouring to completed in late 2008. To further the decentra- encourage GPs into the methadone treatment lisation process, 70 posts have been assigned to programme. temporary offices in Tubbercurry, Co. Sligo The HSE continues to expand the range of which opened in July last year. The intention is options available to individuals in response to that these posts will be relocated to Knock Air- needs as they present. Meanwhile, the on-going port when the new building is ready. implementation of the Midland Regional Drug Of the 10 posts due to decentralise to Na For- Task Force Action Plan, which I launched last bacha, Galway, 9 have already relocated there November, will result in some expansion of harm and it is expected that the remaining post will be reduction-type initiatives that will complement in place later this year. the mainstream addiction treatment service. The matter of increased drug dealing by drug Community Development. misusers is primarily a matter for my colleague, Michael McDowell T.D., Minister for Justice, 89. Mr. Kelleher asked the Minister for Com- Equality and Law Reform. He assures me, munity, Rural and Gaeltacht Affairs the projects however, that the Garda Sı´ocha´na invoke a in RAPID areas in Cork City that have been allo- number of broad strategic responses to address cated funding under his Department’s RAPID the issue of drug trafficking in all parts of the leverage fund since 2004; and his views on country and in all its forms. A key to this is work- investing in the provision of multi-use games ing in partnership with statutory, community and areas, particularly for teenage people in these voluntary groups to reduce both the supply and areas following the continuation of the RAPID demand for drugs in society. programme in the new National Development In this context, the Deputy should note that in Plan 2007 to 2013. [7602/07] line with the provisions of the Garda Siocha´na Act 2005, joint policing committees (JPCs) bring- Minister for Community, Rural and Gaeltacht ing together representatives from the local auth- Affairs (E´ amon O´ Cuı´v): The RAPID Prog- orities, An Garda Siocha´na, public representa- ramme aims to ensure that priority attention is tives and representatives of the community and given to tackling the spatial concentration of pov- voluntary sectors are being established in each of erty and social exclusion within the 45 designated the 114 local authority administrative areas RAPID areas. In addition, in 2006 RAPID throughout Ireland. priority status was extended to Ballyfermot. My 1367 Questions— 28 February 2007. Written Answers 1368

[E´ amon O´ Cuı´v.] Department, with the support of Pobal, has over- Blackpool/The Glen/Mayfield all responsibility for the co-ordination of the RAPID programme. Health Sector Co-Fund 2005 60,000 The House will be aware that I introduced the Lahees 2004 30,000 RAPID Leverage Schemes in 2004. Under these Lahees 2005/06 45,000 schemes, my Department provides funds with Lahees 2007/08 45,000 other Departments and agencies to provide small-scale local projects such as playgrounds, Playgrounds 2004 72,000 traffic measures, improved health facilities, Playgrounds 2005 66,000 CCTV, and top-up funds for projects promoted Playgrounds 2006/07 66,000 by sporting organisations under the Sports Capi- Sports Cap 2004 21,000 tal Programme. In 2006 the terms and conditions Sports Cap 2005 48,000 of the Playgrounds leverage scheme were Sports Cap 2006 164,000 extended to enable multi-use games areas or MUGAs to be funded. I believe this initiative has Traffic 2005 22,500 been a very welcome addition to the scheme. Traffic 2006/07 50,000 The four designated RAPID areas in Cork City Total Allocated 689,500 have been allocated a total of over \2.6 million since 2004. The details are set out in the follow- ing tables. Knocknaheeney/Holyhill/Churchfield

Fairhill/Gurranbraher/Faranree \ \ D/Jelr Co-Fund 2004 10,000 Health Sector Co-Fund 2005 60,000 D/Jelr Co-Fund 2005 50,000 Lahees 2004 30,000 Health Sector Co-Fund 2005 60,000 Lahees 2005/06 45,000 Lahees 2004 30,000 Lahees 2007/08 45,000 Lahees 2005/06 45,000 Playgrounds 2004 72,000 Lahees 2007/08 45,000 Playgrounds 2005 66,000 Playgrounds 2004 72,000 Playgrounds 2006/07 66,000 Playgrounds 2005 66,000 Playgrounds 2006/07 66,000 Sports Cap 2004 27,000 Sports Cap 2005 57,000 Sports Cap 2005 90,000 Traffic 2005 22,500 Sports Cap 2006 24,000 Traffic 2006/07 50,000 Traffic 2005 22,500 Traffic 2006/07 50,000 Total Allocated 573,500

Total Allocated 597,500 Question No. 90 answered with Question No. 78. Togher Mahon Question No. 91 answered with Question \ No. 77. Health Sector Co-Fund 2005 60,000 Question No. 92 answered with Question Lahees 2004 30,000 No. 78. Lahees 2005/06 45,000 Lahees 2007/08 45,000 Drug Seizures. Playgrounds 2004 72,000 93. Mr. Howlin asked the Minister for Com- Playgrounds 2005 66,000 munity, Rural and Gaeltacht Affairs if his atten- Playgrounds 2006/07 66,000 tion has been drawn to the fact that the value of Sports Cap 2004 89,472 major drugs finds in the State in 2006 came to \ \ Sports Cap 2005 111,000 over 40 million, with a record 25.6 million worth of heroin discovered; his views on whether Sports Cap 2006 104,700 this is a major increase on the figure for 2005, and Traffic 2006/07 50,000 demonstrates in stark detail the scale and amount Traffic 2005 5,000 of drugs available here; if such an increase requires a total re-appraisal of drugs schemes and Total Allocated 744,172 the National Drugs Strategy; and if he will make a statement on the matter. [7689/07] 1369 Questions— 28 February 2007. Written Answers 1370

125. Mr. J. O’Keeffe asked the Minister for • the number of seizures by 20%, based on Community, Rural and Gaeltacht Affairs the 2004 figures; and steps he will take to deal with the growing epi- • the number of supply detections by 20%, demic of drug use here; and if he will make a based on 2004 figures, statement on the matter. [6942/07] With respect to the volume of drugs seized across 129. Mr. Gormley asked the Minister for Com- the three main categories of illicit drugs — munity, Rural and Gaeltacht Affairs his views on heroin, cocaine and cannabis — Garda figures to the fact that drug seizures made by Gardaı´ in the end of 2005 show increases of 35%, 1,174% 2006 have far exceeded targets laid down by the and 1,548% respectively over the levels of seiz- National Drug Strategy according to provisional ures in 2000. figures released recently by the Garda National With respect to both the number of seizures Drugs Unit reflecting a growth in the availability and the number of supply detections, no data is of drugs here and their detection. [7770/07] yet available for 2006. However, in 2005, the overall number of seizures increased by 14% 145. Mr. Broughan asked the Minister for (from 5,299 to 6,046) while the number of supply Community, Rural and Gaeltacht Affairs if his detections increased by 21% (from 1,600 to 1,928) attention has been drawn to provisional figures over the numbers recorded for 2004. Clearly, from the Garda National Drugs Unit showing most performance indicators with respect to sup- that drug seizures made by Gardaı´ in 2006 far ply reduction have been or are in the process of exceeded targets laid down by the National Drug being met. Strategy; if his attention has further been drawn However, the nature of any relationship to the fact that by the end of 2006 the number of between the level of drugs seizures and the preva- seizures was over six times ahead of the target lence of drug usage is extremely difficult to deter- expected to be reached by 2008; and if he will mine. Our most recent comprehensive data in this make a statement on the matter. [7683/07] regard comes from the all island Drug Prevalence Survey 2002/2003. Field-work for the second such Minister of State at the Department of Com- survey is currently in progress and will be com- munity, Rural and Gaeltacht Affairs (Mr. N. pleted in April 2007, with first reports becoming Ahern): I propose to take Questions Nos. 93, 125, available in the autumn. While the most recent 129 and 145 together. data on heroin use in Ireland comes from a study Overall Garda figures for 2006 relating to drugs published in 2004, the Deputies should note that have yet to be finalised and we must await the a similar study is to be commissioned in 2007. annual report of An Garda Sı´ocha´na for last year When completed, these studies will give us a before a final judgement can be made on the much clearer view of the prevalence and changing overall level of seizures across the full range of nature of drug misuse in Ireland. illicit drugs. However, I am aware that pro- At my request, the National Advisory Commit- visional Garda figures indicate that 136kgs of tee on Drugs (NACD) and the National Drug \ heroin, with an estimated street value of 27.2m, Strategy Team (NDST) recently prepared a joint was seized in 2006. This represents an approxi- briefing paper on cocaine, based on existing data mate four-fold increase on the volume of seizures in Ireland. The paper, which is due to be pub- in 2005 when 32.28kgs of the drug were seized. I lished next week, concluded that all data sources would like to take this opportunity to congratu- indicated an upward trend in cocaine use. A late the Ga´rdaı´ on their success in this regard, number of recommendations are made in the and on their significant on-going contribution to paper, principally in regard to treatment, but also disrupting the sale of illegal drugs. covering supply, prevention and research and This success reflects a world-wide trend with these are being followed up with the relevant respect to seizures in that the United Nations Departments and agencies. Office on Drugs and Crime (UNODC) estimated I believe that there are encouraging signs of that global seizures accounted for 44% of cocaine progress over the past couple of years — be it production, 28% of cannabis resin, 25% of opium in the areas of drug seizures, the expansion and production in 2005. However, we cannot be in success of treatment services, the development of any way complacent, especially given the prevention programmes in schools, the expanding reported significant increase in heroin production work of Local and Regional Drug Task Forces in Afghanistan this year and the consequent and the valuable work being done through the threat of increased supply that this entails. Young Peoples Facility & Services Fund. The three key performance indicators for the Finally, in regard to the resources available to supply reduction pillar of the National Drugs tackle drug misuse, I am delighted to have Strategy — as revised under the mid-term review secured a 16% increase in my Department’s fund- of the Strategy published in 2005 — are to ing to tackle drug misuse in 2007, especially as it increase by 2008: follows on from very significant increases in the • the volume of drugs seized by 50%, based previous two years. The allocation of \50m shows on 2000 figures; an increase of 87% on the corresponding figure 1371 Questions— 28 February 2007. Written Answers 1372

[Mr. N. Ahern.] The key objective of this funding measure is to for 2004. The significantly increased figure clearly provide interventions and supports to strengthen illustrates, I believe, the importance that the community based initiatives, particularly, Government places on tackling the drugs prob- although not exclusively, those targeting young lem across the country. Furthermore, the overall men under 35 years of age. The intention of the allocation by the Government across a number of funding is to support locally based initiatives sup- Departments to tackle the drugs problem in 2007 porting suicide prevention. The projects will be well in excess of \200m. approved are varied and include the provision of early intervention measures for those at risk and Drug Treatment Programme. also the provision of services for those bereaved through suicide. 94. Ms McManus asked the Minister for Com- The lead Department in relation to this funding munity, Rural and Gaeltacht Affairs if his atten- measure and in relation to mainstream supports tion has been drawn to the dispute between phar- for suicide prevention is the Department of macists providing methadone treatment to Health and Children. The application and assess- recovering drug addicts on behalf of the State and ment process was administered by Pobal on the Health Service Executive over the HSE’s fail- behalf of the lead Department. In total, 125 appli- ure to provide sufficient support; if his attention cations were received in response to a public invi- has further been drawn that this dispute could tation. The group referred to in the Deputy’s lead to the withdrawal of services for methadone question were not among the applicant groups. users; if he has met with representatives of the Government recently approved the 2007 Prog- HSE or with pharmacists representatives to dis- ramme of measures to be supported through Dor- cuss the issue; and if he will make a statement on mant Accounts funding. Suicide prevention the matter. [7682/07] initiatives are not among the specific themes which will be targeted this year although Minister of State at the Department of Com- measures to tackle youth disadvantage will again munity, Rural and Gaeltacht Affairs (Mr. N. feature strongly in this year’s Programme. Ahern): Issues around the provision of metha- done by pharmacists are primarily a matter for Legislative Programme. the Health Service Executive (HSE). However, I am aware of the concerns expressed by the Irish 96. Ms Lynch asked the Minister for Com- Pharmaceutical Union (IPU), having been con- munity, Rural and Gaeltacht Affairs his legislat- tacted by a representative of that Union recently. ive priorities for the new Da´il session; and if he I understand from the HSE that these issues, as will make a statement on the matter. [7693/07] well as various other matters raised by the IPU, are being followed up in the normal course Minister for Community, Rural and Gaeltacht ´ ´ between the two parties and that it is anticipated Affairs (Eamon O Cuı´v): The Charities Bill is on that a meeting will be held in this regard in the the “A” list of the Government’s Legislative near future. Programme and will be published during the cur- I propose to seek an up-date report from the rent Da´il session. The purpose of the Charities HSE at the next meeting of the Inter-Departmen- Bill is to regulate charities, so as to ensure accountability and to protect against abuse of tal Group on Drugs, which is scheduled for next charitable status and fraud. week. The U´ dara´s na Gaeltachta Bill, currently on the “C” list of the Legislative Programme, is Suicide Prevention. expected to be published before the end of the 95. Mr. Crowe asked the Minister for Com- year. The purpose of this Bill is to clarify and munity, Rural and Gaeltacht Affairs if there has update issues in relation to the powers and func- been discussion in relation to allocating moneys tions of U´ dara´s na Gaeltachta and to repeal the from the Dormant Accounts Fund towards pro- Arramara Teoranta (Acquisition of Shares) Acts, jects that provide suicide prevention supports 1949-2002. such as Teenline in this Deputy’s constituency. [7777/07] Question No. 97 answered with Question No. 77. Minister of State at the Department of Com- Question No. 98 answered with Question munity, Rural and Gaeltacht Affairs (Mr. N. No. 83. Ahern): Funding to assist suicide prevention initiatives was one of the priority funding measures approved by Government for support National Development Plan. from the Dormant Accounts Fund in 2006. In this 99. Mr. Stagg asked the Minister for Com- regard, details concerning the allocation of almost munity, Rural and Gaeltacht Affairs his views on \1 million from the Dormant Accounts Fund to the projects and schemes to be administered by support twenty suicide prevention projects were his Department under the National Development announced on 23 October 2006. Plan 2007 to 2013; the way these schemes will be 1373 Questions— 28 February 2007. Written Answers 1374 funded outside of money already pledged in the Irish Language. Budget and Estimates processes; and if he will 100. Mr. McGinley asked the Minister for make a statement on the matter. [7692/07] Community, Rural and Gaeltacht Affairs the Government’s proposals for the development of Minister for Community, Rural and Gaeltacht an Irish language strategy; and if he will make a ´ ´ Affairs (Eamon O Cuı´v): The Deputy will statement on the matter. [7725/07] appreciate that the National Development Plan 2007-2013 (NDP) is a strategic document setting Minister for Community, Rural and Gaeltacht out a broad investment framework and invest- Affairs (E´ amon O´ Cuı´v): I refer the Deputy to ment priorities, together with indicative financial the reply I gave to Question No. 71 today. allocations, for the next seven years. It does not contain a list of all projects to be undertaken in Post Office Network. 2007, or indeed over the period of the NDP, although certain Chapters, including those on 101. Mr. Sargent asked the Minister for Com- munity, Rural and Gaeltacht Affairs his views on Regional Development, Economic Infrastructure whether the closure of an estimated 500 post and Social Infrastructure, refer to projects sched- offices will have a devastating social impact on uled for delivery or progression between now and rural communities; and the measures he proposes the end of 2013. to put in place to deal with such an eventual fall- My Department will be involved in the delivery out. [7775/07] of a range of programmes within the following priority areas: 122. Mr. Crawford asked the Minister for Com- • Enterprise, Science and Innovation munity, Rural and Gaeltacht Affairs his views on the proposed closure of hundreds of post offices • Rural, Social and Economic Development throughout rural Ireland; if he supports such pro- Programme posals; the discussions he has held with the • Gaeltacht and Islands Development Department of Communications, Marine and Natural Resources to address the concerns of Programme rural residents over this issue; and if he will make • Social Infrastructure a statement on the matter. [7733/07]

• Waterways Sub-programme Minister for Community, Rural and Gaeltacht • Social Inclusion Affairs (E´ amon O´ Cuı´v): I propose to take Ques- tions Nos. 101 and 122 together. • Local and Community Development The Government is committed to a viable and Programme sustainable post office network providing a range My Department will also have an important role of services to meet customer needs as set out in in relation to the horizontal themes of Develop- the Programme for Government. The network is ment of the Rural Economy and All-Island Co- geared towards customer demand in both urban and rural locations and must be adaptable to operation identified in the NDP. changing circumstances and trends but the core The majority of the expenditure under the objective of the Government continues to be the aforementioned programmes will consist of a mix retention of access to post office services in as of current and capital support for locally initiated many locations as possible. projects, which are important but of a relatively The Deputies will appreciate, however, that I small-scale in a national context. have no statutory responsibility for postal In terms of larger-scale projects, work is services and have not, therefore, assessed the underway to explore the possibility of restoring effects, if any, of the closure of post offices. The the Ulster Canal to provide a major inland water- question of the commercial viability of post way for the border region. Under the Islands Sub- offices is a matter for my colleague, Noel programme, resources will be concentrated on a Dempsey, T.D., Minister for Communications, flagship project, which is expected to commence Marine and Natural Resources. in 2007, to implement major improvements to the piers and harbours of the three Aran Islands. Question No. 102 answered with Question There are currently no plans to fund any of the No. 75. above programmes through other sources such as Public Private Partnership mechanisms or user Straite´is na Gaeilge. charges. In the case of the U´ dara´s na Gaeltachta 103. D’fhiafraigh Mr. Gilmore den Aire Gno´ - sub-programme, details of own resources utilised thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil tu´ s by an tU´ dara´s are set out in Appendix 3 to the curtha go fo´ ill le forbairt na straite´ise ata´ geallta Revised Estimate Volume and in the annual i leith na Gaeilge, cathain a mheasann se´ a bheidh Agency Statement for the body included in that an obair sin crı´ochnaithe, agus an nde´anfaidh se´ Volume. ra´iteas ina leith. [7710/07] 1375 Questions— 28 February 2007. Written Answers 1376

Minister for Community, Rural and Gaeltacht • Ceapfar duine sa Roinn Gno´ thaı´ Pobail, Affairs (E´ amon O´ Cuı´v): Mar is eol don Teachta Tuaithe agus Gaeltachta chun an obair a d’fhoilsigh an Rialtas ra´iteas pholasaı´ i leith na stiu´ radh o´ la´ go la´ agus ta´ \300,000 a´ chur Gaeilge — “Rialtas na hE´ ireann: Ra´iteas i leith i leataobh agam le n-ı´oc as costais a bhaine- na Gaeilge 2006” ar an 19 Nollaig 2006. Cuireann ann le re´iteach na straite´ise as seo go ceann an ra´iteas seo cu´ ram ar an Rialtas maidir le Stra- dha´ bhliain. ite´is fiche bliain a fhorbairt, bunaithe ar 13 cus- ´ po´ ir, lena n-a´irı´tear: • Fostofar saineolaithe ar conradh le comh- airle a chur ar an Roinn agus ar An Rialtas • Cuirfear Acht na dTeangacha Oifigiu´ la i maidir leis an straite´is agus bainfear leas as bhfeidhm go hiomla´n agus de´anfar e´ascaı´- saineolas domhanda chun an obair a chur ocht don phobal maidir lena gcuid cearta i gcrı´ch. an Ghaeilge a u´ sa´id agus iad ag ple´ leis an Sta´t. • Rachfar i gcomhairle leis an bpobal mar is cuı´ ire´iteach na straite´ise o´ tharla go bhfuil • Cuirfear re´imse leathan seirbhı´sı´ ar fa´il do tacaı´ocht an phobail don ra´iteas agus don thuismitheoirı´ ar mian leo a gclann a tho´ - straite´is fı´ortha´bhachtach. ga´il le Gaeilge. Ta´ pro´ iseas comhairliu´ cha´in maidir le dre´achtu´ • Leanfar le forbairt a dhe´anamh ar an phlean straite´isigh tosaithe cheana fe´in agus ta´ sheirbhı´sı´ craolacha´in ar ardchaighdea´n trı´ an Roinn Gno´ thaı´ Pobail, Tuaithe agus Gael- Ghaeilge, go ha´irithe ar TG4, RTE´ agus tachta ag lorg aighneachtaı´ ina leith. Ta´ i gceist Raidio´ na Gaeltachta. ag mo Roinnse chomh maith co´ ip de ra´iteas an • Tabharfar tacaı´ocht speisialta don Ghael- rialtais a sheoladh chuig gach comhlacht poiblı´ tacht mar cheantar ina labhraı´tear Gaeilge. ata´ clu´ daithe faoi Acht na dTeangacha Oifigiu´ la 2003 chomh maith le gach bunscoil agus iar bhun- • Leanfar le teagasc na Gaeilge mar a´bhar scoil, gach leabharlann poiblı´ agus gach Ionad e´igeantach o´ leibhe´al na bunscoile go Comhairle do Shaora´naigh sa sta´t. leibhe´al na hArdteistime´ireachta agus Ta´im ag bualadh le Fo´ ram na Gaeilge ar an cotho´ far cumas i labhairt agus i scrı´obh na Luan seo chugainn chun forbairt na straite´ise teanga. agus an ro´ l a bheidh acu sa chu´ ram sin a phle´ •De´anfar infheistı´ocht bhreisithe i bhfor- a thuilleadh. bairt ghairmiu´ il agus i dtacaı´ocht leanu´ nach Ta´ su´ il ag an Rialtas go bhfeicfear an ra´iteas do mhu´ inteoirı´ mar aon le hinfheistı´ocht seo mar bhunchloch do pholasaı´ nua ar a mbuno´ - bhreisithe i sola´thar te´acsleabhar agus far gnı´omh praiticiu´ il don Ghaeilge a bheas acmhainnı´ agus i dtacaı´ocht do mhodhanna bunaithe ar chur chuige nua-aimseartha agus stra- nua´lacha teagaisc agus foghlama. ite´is fhoirfe. Ta´ se´ i gceist go bhforbro´ far an stra- ite´is thar tre´imhse dha´ bhlian. •De´anfar forbairt bhreise ar oideachas bun- leibhe´al agus dara leibhe´al trı´ Ghaeilge. Community Development. Is e´ polasaı´ an Rialtais i leith na Gaeilge na´ u´ sa´id agus eolas ar an nGaeilge a mhe´adu´ mar theanga 104. Mr. Eamon Ryan asked the Minister for pobail ar bhonn ce´imiu´ il. Ta´ aidhm ar leith aige Community, Rural and Gaeltacht Affairs if all a chinntiu´ go mbeidh an oiread saora´nach agus is LEADER and partnership groups are working fe´idir da´theangach i nGaeilge agus i mBe´arla. Nı´ together in integrated bodies under the cohesion an Be´arla a dhı´othu´ ata´ i gceist ach an Ghaeilge a process. [7768/07] la´idriu´ .Imo´ ra´ntı´ortha san Eoraip, is e´ an gna´th- chleachtas na´ go mbı´onn daoine da´theangach. Is Minister for Community, Rural and Gaeltacht fı´s mar sin ata´ ann d’E´ irinn, leis an mBe´arla agus Affairs (E´ amon O´ Cuı´v): The core objective of an Ghaeilge araon a´ n-u´ sa´id go forleathan ar the current round of the cohesion process is the bhonn laethu´ il ar fud na tı´re. alignment of local, community and rural develop- Mar a thug me´ le fios ag o´ ca´id seoladh an ment structures to achieve full coverage within a ra´iteas ar an 19 Nollaig 2006 ta´ na socruithe seo given area. a leanas de´anta chun an straite´isare´iteach: The Deputy will be aware that the key prin- ciples governing the process are: • Beidh ro´ l comhairleach ag Fo´ ram na Gaeilge i gcomhairle a chur ar an Aire mai- • improving on the ground services, supports dir leis an straite´is. Ta´ Fo´ ram na Gaeilge and impacts on local communities, from comhdhe´anta de na Rannaı´ Sta´it a´bhartha within existing levels of resources, (An Roinn Oideachais agus An Roinn • streamlining and rationalising structures so Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta), as to avoid overlaps, duplication and undue eagraı´ochtaı´ a bhfuil baint la´rnach acu le administrative overheads, ceist na Gaeilge, ar no´ s Foras na Gaeilge, U´ dara´s na Gaeltachta, TG4, Raidio´ na • bringing transparency, co-ordination and Gaeltachta agus an earna´il deonach. improved control to the funding and oper- 1377 Questions— 28 February 2007. Written Answers 1378

ation of local/community development of time and the overall message emerging is that measures, current treatment of opiate users is having signifi- cantly positive effects. • strengthening the democratic account- ability of agencies and service providers in The ROSIE study — the first national study of this area. this type — follows participants from the point of treatment intake and monitors progress at inter- The intention is, that from 2007, there will be one vals of 6 months, 1 year and 3 years. Overall, the company delivering services in any given area and study found marked reductions in heroin and fewer companies overall in the country. This will other drug use and decreased criminal activity lead to improved co-ordination of service deliv- among participants. There was also an improve- ery and maximise the impact of social inclusion ment in the physical and mental health of par- measures at a local level. ticipants. At this stage, 25 of the local authority areas In January 2007, the NACD published a sum- and na Gaeltachtaı´ have fully agreed the delivery mary of the ROSIE findings focusing on people structures. Discussions are ongoing in relation to 1 year after detoxification (Summary of 1 –Year outstanding area. It is expected that agreement Outcomes: Detoxification Modality). The find- will be reached in relation to these outstanding ings for this cohort demonstrated that partici- groups in the coming weeks. pation in a detoxification programme leads to reduced drug use, reduced injecting, decreased 105. Ms O’Sullivan asked the Minister for involvement in crime, improved physical and Community, Rural and Gaeltacht Affairs his pro- mental health symptoms and increased contacts posals to extend the RAPID areas; and if he will with social care services. Also of interest was the make a statement on the matter. [7697/07] fact that, when compared with other national and international research, the outcomes for ROSIE Minister for Community, Rural and Gaeltacht participants in detoxification treatment were Affairs (E´ amon O´ Cuı´v): I have no plans at good and programme completion rates were high. present to further extend the areas covered by One of the key objectives of the National the RAPID Programme. Drugs Strategy is to encourage and enable those dependent on drugs to avail of treatment leading Departmental Programmes. to reduced dependency and improved overall 106. Mr. Eamon Ryan asked the Minister for health and social well-being. In this regard, the Community, Rural and Gaeltacht Affairs his results from the ROSIE study are evidence that Department’s involvement in relation to the the aims and objectives of the Strategy are sound social finance foundation. [7769/07] and are achievable. I accept that detoxification is a valuable Minister of State at the Department of Com- rehabilitation tool for many problem drug users. munity, Rural and Gaeltacht Affairs (Mr. N. Arising from the Mid-term Review of the Ahern): The Social Finance Foundation is the National Drugs Strategy, I arranged for the estab- responsibility of the Department of Finance and lishment of a Working Group on Rehabilitation, my Department has no formal role in relation to chaired by my Department, to draw up a compre- the initiative. hensive strategy for drugs rehabilitation. That Working Group has completed its deliberations Drug Treatment Programme. and its report will be published shortly. Increased provision of detoxification facilities will feature 107. Mr. Costello asked the Minister for Com- among its recommendations. munity, Rural and Gaeltacht Affairs if his atten- tion has been drawn to a new study from the Question No. 108 answered with Question National Advisory Committee on Drugs showing No. 82. that participation in drug detoxification prog- rammes leads to reduced drug use, decreased Departmental Funding. involvement in crime and improved mental and physical health one year on; his plans to increase 109. Mr. Quinn asked the Minister for Com- such drug detoxification programmes and munity, Rural and Gaeltacht Affairs the grants services; and if he will make a statement on the made in 2006 under the Programme of Grants for matter. [7687/07] locally based community and voluntary organis- ations; if he is satisfied with the progress made Minister of State at the Department of Com- under this scheme; and if he will make a state- munity, Rural and Gaeltacht Affairs (Mr. N. ment on the matter. [7700/07] Ahern): The research referred to by the Deputy is part of the Research Outcome Study in Ireland Minister of State at the Department of Com- (ROSIE) which was commissioned by the munity, Rural and Gaeltacht Affairs (Mr. N. National Advisory Committee on Drugs Ahern): The provisional expenditure figure for (NACD). The Study aims to assess the effective- this scheme in 2006 was \4.8 m. (This compared ness of treatment for drug users over a period with an estimate of \3 m.) The Programme of 1379 Questions— 28 February 2007. Written Answers 1380

[Mr. N. Ahern.] Question No. 111 answered with Question Grants for Locally-Based Community & Volun- No. 78. tary Organisations was re-advertised in August last. A closing date of 25 September 2006 applied Teanga Gaeilge. for applications under the Scheme of Equipment Grants and the Scheme of Training, Education 112. D’fhiafraigh Dr. Upton den Aire Gno´ thaı´ and Research Grants. No closing date applied to Pobail, Tuaithe agus Gaeltachta an mo´ sce´im ´ the third Scheme under this Programme, the teanga faoi Acht na dTeangacha Oifigiula 2003 ata´ glactha anois; agus an nde´anfaidh se´ ra´iteas Scheme of Refurbishment Grants. ina leith. [7712/07] I announced the first tranche of funding of almost \400,000 under this Programme last 132. D’fhiafraigh Dr. Upton den Aire Gno´ thaı´ December, covering 29 projects. Assessments are Pobail, Tuaithe agus Gaeltachta an mo´ dre´achts- now nearing completion on the remainder of the ce´im teanga faoi Acht na dTeangacha Oifigiu´ la approximately 1,300 applications received and I 2003 ata´ os a chomhair anois; agus an nde´anfaidh expect to be in a position to make further funding se´ ra´iteas ina leith. [7713/07] announcements in the near future. Applications under the Scheme of Refurbishment Grants con- Minister for Community, Rural and Gaeltacht tinue to be accepted by my Department. Affairs (E´ amon O´ Cuı´v): Ta´ i gceist agam Ceiste- anna Uimh. 112 agus 132 a tho´ ga´il le che´ile. Security of the Elderly. Ta´ 43 sce´im teanga daingnithe agam anois le 110. Mr. Callely asked the Minister for Com- comhlachtaı´ poiblı´ agus foilsithe. Ta na sce´ime- munity, Rural and Gaeltacht Affairs the level of anna seo uilig ar fa´il ar shuı´omh idirlı´n an Choim- funding available for personal and social moni- isine´ara Teanga, www.coimisineir.ie. Sa bhreis ar tored alarms; the procedures to avail of such sin, ta´ fo´ gra seolta agam chuig os cionn 70 funds; the level of funding available for monitor- comhlacht poiblı´ eile ag iarraidh orthu dre´acht- ing and maintenance of such alarms; and if he will sce´im teanga a ullmhu´ agus a sheoladh chugam le make a statement on the matter. [7572/07] daingniu´ .Ta´ oifigigh mo Roinne ag ple´ leis na comhlachtaı´ sin faoi la´thair. Minister of State at the Department of Com- Questions Nos. 113 and 114 answered with munity, Rural and Gaeltacht Affairs (Mr. N. Question No. 75. Ahern): The purpose of the Scheme of Com- munity Support for Older People is to encourage and assist the community’s support for older Legislative Programme. people by means of a community based grant 115. Mr. Penrose asked the Minister for Com- scheme to improve the security of its older munity, Rural and Gaeltacht Affairs the progress members. The funding available in 2007 is \3 that has been made since September 2000 in million. regard to the implementation of the White Paper This Scheme is open to people aged 65 and on a Framework for Supporting Voluntary over who have a genuine need for assistance and Activity and for Developing the Relationship it is administered by community and voluntary Between the State and the Voluntary Sector; and organisations throughout the country with sup- if he will make a statement on the matter. port provided by my Department. Any local vol- [7699/07] untary or community based organisation, especially those working with or providing sup- Minister of State at the Department of Com- port for older people, can apply to my Depart- munity, Rural and Gaeltacht Affairs (Mr. N. ment for funding under the Scheme. Individual Ahern): I refer the Deputy to my reply to Ques- applications must be made through such organ- tion No. 48 of 5 October 2006. My Department isations. is currently developing new White Paper funding The Scheme provides maximum individual schemes to replace the current schemes due to grants of \300 in respect of the once-off instal- cease mid-2007. I expect to be in a position to lation cost of socially monitored alarms. Funding advertise these new funding schemes in the near is also available under the Scheme for a range of future. other security measures for older people. Annual monitoring or maintenance fees associated with National Drugs Strategy. alarms are not covered under this Scheme. Where 116. Ms Burton asked the Minister for Com- socially monitored alarms previously installed munity, Rural and Gaeltacht Affairs his views on under this Scheme are broken or defective and the cluster of heroin related deaths in the Dublin are outside the guarantee period, a limited area before Christmas 2006; his views on the amount of funding is available towards the cost wider spread of heroin away from Dublin and of replacement. Full information in respect of this into provincial towns such as Arklow, Carlow, Scheme is available on my Department’s website and Killybegs; his further views on the increased www.pobail.ie. numbers of major seizures of heroin that have 1381 Questions— 28 February 2007. Written Answers 1382 taken place around the country in recent times; being commissioned this year. These surveys will the efforts he is making to address the spread of give us a much clearer view of the prevalence and heroin here; and if he will make a statement on changing nature of drug misuse in Ireland. the matter. [7684/07] In regard to the resources available to tackle drug misuse, I am delighted to have secured a 126. Mr. Costello asked the Minister for Com- 16% increase in my Department’s funding to munity, Rural and Gaeltacht Affairs if his atten- tackle drug misuse in 2007, especially as it follows tion has been drawn to a new wave of heroin on from very significant increases in the previous being imported into Ireland through Central Asia two years. The allocation of \50m shows an following a record opium harvest in Afghanistan; increase of 87% on the corresponding figure for if more resources will be given to the National 2004. The significantly increased figure illustrates Drugs Strategy and projects designed to help the importance that the Government places on heroin users and prevent its spread due to the tackling the drugs problem across the country. increased availability of the drug; and if he will In 2007, substantial progress is expected by the make a statement on the matter. [7686/07] Regional Drugs Task Forces in implementing their action plans. Meanwhile, through the Minister of State at the Department of Com- Emerging Needs Fund, the Local Drugs Task munity, Rural and Gaeltacht Affairs (Mr. N. Forces will be able to address the most pressing Ahern): I propose to take Questions Nos. 116 and issues arising in the evolving drugs situation in 126 together. their areas. In addition, the Minister for Health & I want to acknowledge, with regret, the tragic Children announced an increase of \6 million as deaths late last year of a number of heroin users part of Budget 2007 to address the health-related in Dublin. They illustrate again the inherent dan- aspects of the National Drugs Strategy. Overall, gers associated with drug misuse. In order for the therefore, the allocation by the Government exact cause of these deaths to be ascertained, across a number of Departments to tackle the toxicology reports were initiated. However, I drugs problem in 2007 will be well in excess of understand the results of these tests are not yet \200m in total. available. I believe that there are encouraging signs of Illegal drug use is a global issue and so our progress over the past couple of years in tackling efforts to tackle it in Ireland must be seen in that the problem of drug use in Ireland — be it in the context. The enormity and the geographic scale areas of drug seizures, the expansion and success of the struggle we face can best be illustrated by of treatment services, the development of preven- looking at the sources of the drugs that are sold tion programmes in schools, the expanding work on our streets. Heroin comes mainly from the so- of Local and Regional Drug Task Forces and the called Golden Crescent of Afghanistan and Paki- valuable work being done through the Young stan, but also from Burma, Laos and Thailand. People’s Facility & Services Fund. Through the Furthermore, as the Deputy points out, partic- National Drugs Strategy, the Government is com- ularly good harvests in the countries of origin mitted to continuing to tackle the problem into only serve to exacerbate the global situation. To the future. really get to grips with the international problems of drug misuse, I believe that it is imperative that 117. Mr. O’Connor asked the Minister for the drug issue be tackled in the countries of Community, Rural and Gaeltacht Affairs the origin, as well as in all the countries through number of projects being funded under the which the drugs travel before they reach our emerging needs fund to tackle drug misuse at a shores. local level in the local drugs task force areas of I acknowledge the level of major seizures of Dublin; the main types of supports and actions heroin in recent times and I congratulate the being funded; and if he will make a statement on Gardaı´ on these successes. The nature of any the matter. [7606/07] relationship between the level of drugs seizures and the prevalence of drug usage is extremely dif- Minister of State at the Department of Com- ficult to determine. The perception is that heroin munity, Rural and Gaeltacht Affairs (Mr. N. use has stabilised in Dublin and that it is at low Ahern): The Emerging Needs Fund was estab- levels nationwide, with some Leinster towns lished to facilitate a flexible and timely response being mentioned as areas of potential risk. to evolving needs in regard to drug misuse in However, our most up-to-date and comprehen- Local Drugs Task Force (LDTF) areas. To date, sive data comes from the all-island Drug Preva- I have allocated almost \4m under the Fund to lence Survey 2002/2003. Fieldwork for the second 67 projects, 63 of which are based in Dublin such Survey is currently in progress and will be LDTF areas. A wide variety of projects are completed in April, with first reports becoming involved, including cocaine and poly-drug use available in the autumn. With respect to heroin projects, rehabilitation initiatives and support for use in particular, the Capture/Recapture Study the families of problem drug users. I am arrang- was published by the National Advisory Commit- ing for my officials to forward details of the 67 tee on Drugs in 2003 and a further such study is projects to the Deputy. 1383 Questions— 28 February 2007. Written Answers 1384

Irish Language. comparable data available on the extent of drug 118. Mr. S. Ryan asked the Minister for Com- misuse amongst the population. In this context, munity, Rural and Gaeltacht Affairs the pro- the National Advisory Committee on Drugs posals he has to review the operation of the (NACD) was established in 2000 to advise Official Languages Act 2003; and if he will make Government in relation to prevalence, preven- a statement on the matter. [7704/07] tion, treatment and consequences of problem drug use in Ireland, based on its analysis of Minister for Community, Rural and Gaeltacht research findings and information available to it. Affairs (E´ amon O´ Cuı´v): As I have outlined on In relation to prevalence of drug use, the a number of occasions in this House, I am satis- NACD, in conjunction with the Drug and fied that considerable progress has been made to Alcohol Information and Research Unit in date in the implementation, on a phased basis, of Northern Ireland, published a series of bulletins the provisions of the Official Languages Act based on results from an all-island Drug Preva- 2003. lence Survey 2002/2003. This study found that • A total of 43 schemes prepared by public almost one in five (19%) of respondents on the bodies, including that of my own Depart- island of Ireland reported ever taking an illegal ment, have now been confirmed by me and drug. Cannabis was the most commonly used published. In addition, my Department is illegal drug. Lifetime prevalence rates for can- in discussion with in excess of 70 additional nabis were 17% in Ireland and current rates of public bodies in relation to completion or use were 2.6%. Aside from cannabis, the most commencement of the process of drafting common drugs ever used were ecstasy (5%), a scheme. magic mushrooms, LSD and poppers (each 4%), • Although all provisions of the Act are now amphetamines (3%), solvents, cocaine (each in operation a number of these only came 2%), heroin, (o.4%) and crack (0.3%). into operation on 14 July 2006. The second all-island Drugs Prevalence Survey is currently in progress and it is expected that pre- • As the Deputy will be aware on 14 liminary results will be available in the latter part December 2006 both the Da´il and the of this year. This will give much greater clarity on Seanad approved a draft of Regulations the overall current prevalence of drugs in Ireland. dealing with the use of the Irish and In relation to heroin use, the 3-Source Capture- English languages by public bodies in pre- Recapture Study published in 2004 by the recorded oral announcements, on station- ery and on signage. I expect to be in a posi- NACD, estimated the number of people using tion to make the Regulations shortly. heroin at 14,452 in 2001. When the Dublin figures were extracted from this study and compared The implementation of the Act is under continu- with a previous study carried out in 1996 (which ing review by my Department, but I would stress looked at Dublin only), the number of people that its implementation is a long-term project. I using opiates in the capital was estimated to have have outlined my plans for development of a declined by a approximately 1,000. The second long-term strategy for Irish in replies to other Capture-Recapture Study will get underway this Questions in the House today. year. Question No. 119 answered with Question In addition to these studies, the NACD’s 2005- No. 75. 2008 work programme includes: the continuation of the Research Outcome Study in Ireland; a new Question No. 120 answered with Question study on drugs and crime; and work focusing on No. 77. (i) prostitution and drugs and (ii) early school lea- vers and drugs. The recent results of the Research National Drugs Strategy. Outcome Study in Ireland (ROSIE) are partic- ularly encouraging and provide clear evidence 121. Ms B. Moynihan-Cronin asked the Mini- that the current treatment of heroin users is hav- ster for Community, Rural and Gaeltacht Affairs ing very positive results. his proposals to initiate adequate qualitative Illegal drug use is a global issue and our efforts research into the extent of illegal drug use and the reasons people are taking up the illegal drug to tackle it in Ireland must be seen in that con- habit; and if he will make a statement on the text. Through the National Drugs Strategy, the matter. [7695/07] Government is committed to tackling the prob- lem into the future and I can assure the Deputy Minister of State at the Department of Com- that our actions in that regard will continue to be munity, Rural and Gaeltacht Affairs (Mr. N. backed up by quality research producing relevant Ahern): As the Deputy is probably aware, information in an evolving situation. research is one of the five pillars of the National Drugs Strategy 2001-2008. The key objectives Question No. 122 answered with Question under this pillar are to have valid, timely and No. 101. 1385 Questions— 28 February 2007. Written Answers 1386

Community Development. Ahern): Under the Community Development 123. Mr. Kelleher asked the Minister for Com- programme, multi-annual funding is provided to munity, Rural and Gaeltacht Affairs the level of locally based voluntary and community groups funding which has been provided in County Cork involved in anti-poverty and social inclusion initiatives. Since June 2002 my Department has through his Department’s community develop- \ ment programme since 2002; the groups which provided funding of approx 6.8 million to Com- have delivered the programme locally on behalf munity Development Projects in County Cork. of the Government in the county; and if it is Details of the funding and the projects involved planned that they will continue to be involved are shown in the table below. over the course of the National Development It is planned that projects will continue to be Plan 2007 to 2013. [7601/07] funded under the new National Development Plan. Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N.

Name of CDP Project From June 2003 2004 2005 2006 20071 Totals 2002

\\\\\\\

Ballyphehane/Togher 58,100 111,930 115,876 127,600 131,500 38,380 583,386 Bantry and District 85,950 102,200 104,820 117,838 131,100 36,780 578,688 Bere Island 40,500 80,980 95,714 93,900 116,100 30,330 457,523 Cork Social and Health 25,950 56,480 65,430 80,560 104,855 31,170 364,445 Cork Traveller Visibility Group 113,050 91,220 91,917 266,656 110,600 31,770 705,213 Cumann na nDaoine 30,007 62,100 64,041 74,655 113,372 31,980 376,155 Farranree 53,100 100,200 112,975 124,164 118,100 35,430 543,969 Fermoy Young Mothers 6700 13,405 14,113 38,331 63,275 18,300 154,124 Glen 40,270 81,080 92,704 96,300 121,583 33,690 465,627 Gurranabraher — — — 23,000 34,320 —2 57,320 Mahon 107,500 115,000 117,250 129,150 136,697 37,050 642,647 Mayfield 163,180 147,590 220,531 115,185 125,184 33,390 805,060 Sherkin Island/ West Cork Arts Centre3 48,700 64,350 101,000 32,333 7,500 — 253,883 We the People 60,813 107,200 111,537 116,945 122,850 33,480 552,825 West Cork (Clonakilty) Travellers 22,100 45,703 49,884 69,538 60,200 16,260 263,685

Totals 855,920 1,179,438 1,357,791 1,506,155 1,497,236 408,010 6,804,549

1 The figures for 2007 represents an advance on the 2007 budget based on 30% of the 2006 allocation. 2 Awaiting appointment of new coordinator before 2007 funds issue. 3 Funding was withdrawn from Sherkin Island Development Society in 2004. West Cork Arts Centre was funded until the end of 2006 in respect of a BA Programme in Visual Arts previously administered by Sherkin Island Development Society.

Question No. 124 answered with Question dı´rithe ar u´ sa´id na Gaeilge sa Ghaeltacht mar No. 78. bhunu´ s chun: • forbairt theangeolaı´och na Gaeltachta mar Question No. 125 answered with Question cheantar labhartha Gaeilge a threisiu´ ; agus No. 93. • athbhreithniu´ a dhe´anamh ar na limiste´ir Question No. 126 answered with Question oifigiu´ la Ghaeltachta. No. 116. Ta´ an staide´arsin de´anta anois agus a´ scagadh ag mo Roinnse faoi la´thair. Nı´l aon chinneadh Teanga Gaeilge. de´anta maidir le moltaı´ an staide´ir sin go fo´ ill. Glacaim leis go mbeidh an tuarasca´il le foilsiu´ i 127. D’fhiafraigh Mr. M. Higgins den Aire dtra´th cuı´ agus beidh me´ sa´sta co´ ipeanna a chur Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta an ar fa´il i Leabharlann an Oireachtais ag an am sin. bhfuil sce´im aige i leith theorainn na Gaeltachta, agus an nde´anfaidh se´ ra´iteas ina leith. [7709/07] Question No. 128 answered with Question No. 78. Minister for Community, Rural and Gaeltacht ´ ´ Affairs (Eamon O Cuı´v): Nı´l aon sce´im, per se, Question No. 129 answered with Question ag mo Roinnse chun athraithe a dhe´anamh ar No. 93. theorainn na Gaeltachta. Faoi mar ata´ curtha in iu´ l agam don Teach cheana fe´in, a´fach, bhı´ mo´ r- Question No. 130 answered with Question staide´ar teangeolaı´och idir la´mha le tamall anuas No. 75. 1387 Questions— 28 February 2007. Written Answers 1388

Dormant Accounts Fund. currently being progressed for the provision of a subsidised cargo service for Toraigh. 131. Mr. Durkan asked the Minister for Com- I also launched a plan in 2006 aimed at market- munity, Rural and Gaeltacht Affairs the full ing the islands, including those in Donegal, inter- extent of the funding available to him from the nationally as a niche product. The total cost of proceeds of the Dormant Accounts Fund or other this initiative, which is being funded jointly by my sources for allocation to various sporting, cul- Department and Fa´ilte Ireland, is \343,000 over tural, community of Gaeltacht initiatives or exist- a three-year period. ing enterprises; and if he will make a statement The Deputy should also be aware that the var- on the matter. [7723/07] ious schemes operated by U´ dara´s na Gaeltachta promoting enterprise and community develop- Minister for Community, Rural and Gaeltacht ment are also available to Gaeltacht islands in Co Affairs (E´ amon O´ Cuı´v): I take it the Deputy is Donegal and that an tU´ dara´s provides annual referring to non-exchequer sources of funding. administration grants to the co-operatives on As the Deputy will be aware from information Toraigh and A´ rainn Mo´ r, and to Ancaire, the co- provided in response to previous questions, op serving the smaller Donegal islands. details of expenditure by my Department which is funded by the National Lottery and the Dormant Question No. 134 answered with Question Accounts Fund are included in the Audited No. 83. Appropriation Accounts published by the Comptroller and Auditor General for the years Rural Development. 2002-2005. The provisional outturn for Dormant 135. Mr. Gogarty asked the Minister for Com- Accounts-funded expenditure by my Department munity, Rural and Gaeltacht Affairs his views on in 2006 was \17.679m, while the corresponding the Irish rural link strategic plan 2007 to 2009. allocation for 2007 is \28m. The provisional out- [7772/07] turn for 2006 in respect of Departmental prog- Minister for Community, Rural and Gaeltacht rammes part-funded from the National Lottery is ´ ´ \36.629m, while the corresponding allocation for Affairs (Eamon O Cuı´v): I was pleased to launch 2007 is \39.957m. the Irish Rural Link Strategic Plan 2007-2009 recently. Irish Rural Link are working through their Plan to achieve vibrant, inclusive and sus- Question No. 132 answered with Question tainable rural communities, aims shared by my No. 112. Department and delivered through the LEADER Programmes, CLA´ R, the Rural Social Scheme Offshore Islands. and other measures funded by my Department. 133. Mr. Blaney asked the Minister for Com- I welcome the Plan and hope to see continued munity, Rural and Gaeltacht Affairs the main co-operation between Irish Rural Link and my schemes and programmes in his Department Department on achieving our common goals in being provided to the offshore islands of County the future. Donegal; and his plans to improve the transport infrastructure of the County Donegal islands Cumhachtaı´ U´ dara´s na Gaeltachta. within any of those programmes. [7603/07] 136. D’fhiafraigh Mr. Gilmore den Aire Gno´ - thaı´ Pobail, Tuaithe agus Gaeltachta ce´n obair ata´ Minister for Community, Rural and Gaeltacht idir la´mha aige chun a chinntiu´ go mbeidh go leor ´ ´ Affairs (Eamon O Cuı´v): Since 1997, my Depart- aistritheoirı´ Be´arla Gaeilge agus go leor ateang- ment and its predecessor, the Department of airı´ Be´arla Gaeilge a mbeidh caighdea´n maith a Arts, Heritage, Gaeltacht and the Islands, have ndo´ thain acu ar fa´il chun an t-e´ileamh ata´ ann \ provided some 8.7m for essential capital works anois in E´ irinn agus san Eoraip a sha´samh; agus on the islands off the County Donegal coast. an nde´anfaidh se´ ra´iteas ina leith. [7711/07] These works included pier and road improve- ments, water supply, waste management, car Minister for Community, Rural and Gaeltacht parking facilities and village renewal. Assistance Affairs (E´ amon O´ Cuı´v): I dtu´ sba´ire ba mhaith is also available for the provision of community liom a chur i gcuimhne don Teachta go bhfuil and recreational facilities and activities on the Foras na Gaeilge, ar iarratas uaim, tar e´is co´ ras islands. It is intended to continue with this prog- creidiu´ naithe d’aistritheoirı´ Gaeilge a fhorbairt. ramme of investment in the islands over the com- Is e´ seo an che´ad cho´ ras da´ leithe´id a bheidh ar ing years. fa´il d’aistritheoirı´ Gaeilgenatı´re seo. Rea´chta´l- My Department currently subsidises two ferry adh dha´ scru´ du´ i 2006 agus de thoradh na scru´ dai- services in Co Donegal serving Toraigh and the sin ta´ a´thas orm a ra´ gur e´irigh le 75 aistri- A´ rainn Mho´ r at a total cost of over \305,000 per theoir an caighdea´n chuı´ a bhaint go da´ta. Ta´ annum. A winter helicopter service arranged by sonraı´ iomla´n an phaine´il sin foilsithe ar shuı´omh U´ dara´s na Gaeltachta is also funded by my idirlı´n an Fhorais. Tuigim go bhfuil i gceist dha´ Department for Toraigh. In addition, plans are scru´ du´ eile a eagru´ i mbliana agus gach bliain eile 1389 Questions— 28 February 2007. Written Answers 1390 as seo amach. Sa chaoi sin cuirfear le lı´on na n- Irish Language. aistritheoirı´ ca´ilithe. Is cinnte gur cu´ namh praitic- 139. Mr. Carey asked the Minister for Com- iu´ il fı´or-tha´bhachtach a bheidh sa phaine´al seo do munity, Rural and Gaeltacht Affairs the type of chomhlachtaı´ poiblı´ au´ sa´ideann seirbhı´sı´ o´ aistri- support provided by his Department’s language theoirı´ prı´obha´ideacha, go ha´irithe i nda´il lena assistants scheme to parents in the Gaeltacht who ndualgais faoin Acht a chomhlı´onadh. wish to raise their children through the Irish lang- Sa bhreis ar sin, nı´ miste dom a lua gur chuir uage; and his views on making such a scheme me´ ciste ar leith de \1m ar bun i 2006 chun tacu´ available to parents outside the Gaeltacht. le sola´thar sainchu´ rsaı´ trı´u´ leibhe´al trı´ Ghaeilge. [7595/07] Ta´ an sce´im nua, ata´ a´ riaradh i gcomhar leis an Roinn Oideachais agus Eolaı´ochta agus an tU´ d- Minister for Community, Rural and Gaeltacht ara´s um Ard-Oideachas, dı´rithe ar lı´on na gce´imi- Affairs (E´ amon O´ Cuı´v): At present my Depart- the le scileanna sonracha Gaeilge i re´imsı´ ar leith ment funds two pilot programmes that provide a mhe´adu´ , i gcomhthe´acs Acht na dTeangacha direct support to families in the Gaeltacht that Oifigiu´ la agus an Ghaeilge a bheith mar theanga are raising their children through Irish. These oifigiu´ il san Aontas Eorpach. programmes are administered by Oidhreacht Chorca Dhuibhne in Co Kerry and Muintearas Teo in Co Galway. They involve a variety of Inland Waterways. activities ranging from home visits, workshops 137. Mr. Crawford asked the Minister for Com- and lectures to support services, parent/children munity, Rural and Gaeltacht Affairs his proposals groups, Irish courses, summer camps, etc. A in relation to the redevelopment of the Ulster review of these programmes will take place when Canal; and if he will make a statement on the the pilot periods come to an end and, based on matter. [7732/07] that review, a decision regarding further prog- rammes will be taken. It is not intended to extend Minister for Community, Rural and Gaeltacht the scheme to areas outside of the Gaeltacht at Affairs (E´ amon O´ Cuı´v): As the Deputy will be this stage. aware, the National Development Plan 2007 — 2013 indicates that work is underway to explore Educational Disadvantage. the possibility of restoring the Ulster Canal to 140. Aengus O´ Snodaigh asked the Minister for provide a major inland waterway for the border Community, Rural and Gaeltacht Affairs the pro- region. posed funding from the Dormant Accounts and My Department continues to liaise with the Rapid Leverage Funds to counteract educational Department of Culture, Arts and Leisure in the disadvantage; and if he will make a statement on North with a view to taking this issue forward and the matter. [7781/07] I am hopeful of being in a position to make a further announcement before too long. Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N. Harbours and Piers. Ahern): Disbursements from the Dormant Accounts Fund are designed to assist three broad 138. Dr. Cowley asked the Minister for Com- categories of persons: munity, Rural and Gaeltacht Affairs the financial • those affected by economic and social dis- assistance available to Mulranny Pier, County advantage; Mayo, taking into account that this pier is within a Gaeltacht area, is extremely busy with traffic • those affected by educational disadvan- increasing on an annual basis and acknowledging tage; and the danger of this pier as it is tidal; and if he will • persons with a disability. make a statement on the matter. [7575/07] Within the overall allocation of \60 million in \ Minister for Community, Rural and Gaeltacht 2006, the Government ring-fenced 18 million Affairs (E´ amon O´ Cuı´v): I refer the Deputy to from dormant accounts to support projects tack- ling educational disadvantage. my reply to Question No 315 of 14 February 2007. A significant element of this funding is being I regret that the information I gave was incorrect used for a Small Scale Capital Grant funding — it was based on information available to my measure for schools participating in the DEIS Department at the time. I now understand that Programme, schools located in or serving RAPID the pier in question is just inside the Gaeltacht. areas and Special schools. Through this measure, I can now confirm to the Deputy that the pro- for which the Department of Education and vision of financial assistance towards the develop- Science is the lead Department, funding is being ment of the pier at Mulranny will be assessed made available to provide facilities such as parent under the usual criteria when grants under my rooms, dining areas, outdoor play areas and Department’s scheme for small piers in the Gael- libraries in eligible schools. In addition, allo- tacht are being sanctioned in the future. cations to RAPID designated schools under this 1391 Questions— 28 February 2007. Written Answers 1392

[Mr. N. Ahern.] U´ dara´s na Gaeltachta ata´ geallta; agus an nde´an- funding measure will be matched through my faidh se´ ra´iteas ina leith. [7708/07] Department’s RAPID Leverage Fund up to a total of \6 million. Minister for Community, Rural and Gaeltacht Applications were invited from eligible schools Affairs (E´ amon O´ Cuı´v): Chuir mo Roinn tu´ sle in January this year and the closing date for hathbhreithniu´ cuimsitheach ar chumhachtaı´ agus receipt of applications is 1 March 2007. In accord- fheidhmeanna U´ dara´s na Gaeltachta ionas go ance with the dormant accounts legislation, all bhfe´adfaı´ moltaı´ a chur faoi bhra´id an Rialtais applications received will be evaluated against chun an reachtaı´ocht faoina bhfeidhmı´onn an approved assessment criteria and recom- tU´ dara´s faoi la´thair a leasu´ mar is cuı´. mendations submitted to Government for Mar chuid den phro´ iseas sin, thug me´ cuireadh approval. don phobal aighneachtaı´ a chur faoi bhra´id mo Roinne agus fuarthas 67 aighneacht da´re´ir. Ta´na Question No. 141 answered with Question haighneachtaı´ sin foilsithe ar shuı´omh idirlı´nna No. 75. Roinne mar aon leis an anailı´s neamhsplea´ch a rinneadh orthu. Question No. 142 answered with Question Agus dre´achtsce´im ghineara´lta de Bhille a´ cur No. 82. le che´ile laistigh de mo Roinnse, cuireadh san a´ireamh na haighneachtaı´ o´ n bpobal mar aon le National Drugs Strategy. polasaithe agus tuarasca´lacha cuı´ eile, e.g., tuaras- 143. Mr. Morgan asked the Minister for Com- ca´il Choimisiu´ n na Gaeltachta 2002, Beartas For- ´ munity, Rural and Gaeltacht Affairs if his atten- bartha an Udara´is 2005-2009, an Gru´ pa Oibre um tion has been drawn to the fact that FA´ S are fail- Chruthu´ Fostaı´ochta sa Ghaeltacht (2002), ing to send representatives to Drug Task Force Ahead of the Curve (Enterprise Strategy Group meetings; and if he will make a statement on the 2003), An Straite´is Spa´su´ il Na´isiu´ nta (2002), etc. matter. [7780/07] Is e´ an staid reatha na´ go bhfuil an Bille um U´ dara´s na Gaeltachta ar liosta C de chla´r reach- Minister of State at the Department of Com- taı´ochta an Rialtais. Ta´ me´ do´ chasach go bhfoil- munity, Rural and Gaeltacht Affairs (Mr. N. seofar an Bille roimh dheireadh na bliana. Ahern): The Local and Regional Drugs Task Forces bring together all Departments and State Question No. 145 answered with Question Agencies involved with tackling problem drug No. 93. use, as well as the community and voluntary sec- tors. It is imperative that there is full engagement Asylum Applications. by all parties to ensure the success of the Task 146. Mr. Kenny asked the Ta´naiste and Mini- Forces and the co-ordinated implementation of ster for Justice, Equality and Law Reform the the National Drugs Strategy. position in respect of a person (details supplied) I have not been notified of any issue in relation in County Roscommon who has made an appli- to the level of attendance of FA´ S officials at Drug cation for humanitarian leave to remain here; and Task Force meetings. It is my understanding that if he will make a statement on the matter. FA´ S representatives are actively engaged in these [7807/07] structures and that they are making a significant contribution to the ongoing implementation of Ta´naiste and Minister for Justice, Equality and the Strategy. Law Reform (Mr. McDowell): The persons con- I understand that, where any issue regarding cerned arrived in the State on 4 May, 2004 and the levels of attendance at Drug Task Force applied for asylum. Their applications were meetings arises, it is the norm that it be addressed refused following consideration of their cases by within that forum through the relevant Chair- the Office of the Refugee Applications Com- person. A mechanism is in place to refer the missioner and, on appeal, by the Refugee matter to the National Drugs Strategy Team Appeals Tribunal. (NDST), should this prove necessary. Subsequently, in accordance with Section 3 of Meanwhile I am assured by the NDST that the the Immigration Act, 1999, as amended, the first issue of the level of engagement of representation named person was informed by letter dated 30 of all relevant parties on Local and Regional January, 2006, that the Minister proposed to Drugs Task Forces is overseen by them on an make a deportation order in respect of him. The ongoing basis. second named person was informed by letter dated 17 January, 2006, that the Minister pro- Aistritheoirı Bearla-Gaeilge. ´ ´ posed to make deportation orders in respect of 144. D’fhiafraigh Mr. M. Higgins den Aire her and her children. They were given the Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta cad iad options, to be exercised within 15 working days, na nithe a bhaineann le cumhachtaı´ agus of making representations to the Minister setting feidhmeanna U´ dara´s na Gaeltachta ata´ le soile´i- out the reasons why they should be allowed to riu´ agus le tabhairt suas chun da´ta i mBille remain temporarily in the State; leaving the State 1393 Questions— 28 February 2007. Written Answers 1394 before orders are made or consenting to the mak- both attested Gardaı´ and recruits in training as at ing of deportation orders. Representations have the 31 December 2006 was 14,068. Furthermore, been received on behalf of the persons I should say that in December, 2006 as part of a concerned. package of anti-crime measures, the Government These persons’ case files, including all rep- approved the continuation of the existing Garda resentations submitted, will be considered under recruitment programme to achieve a total Garda Section 3(6) of the Immigration Act, 1999, as strength of 15,000. The accelerated intake of amended, and Section 5 of the Refugee Act, 1996 approximately 1,100 new recruits per annum into (Prohibition of Refoulement). I expect the files the Garda College will continue, until this target to be passed to me for decision in due course. is met. The Garda Budget now stands at \1.4 billion, an 11% increase on 2006 and a 96% Immigration Registration Certificates. increase since 1997 in real terms. I have been further informed by the Garda 147. Mr. Wall asked the Ta´naiste and Minister authorities that the personnel strength of Castleb- for Justice, Equality and Law Reform the reason ridge Garda Station on 26 February, 2007 was 1. for the difference in respect of his decision in the Castlebridge Garda Station forms part of the case of a person (details supplied) in County Wexford District. The personnel strength of the Kildare and that of the Garda National Immi- Wexford District on 31 December, 1997 and 26 gration Bureau; and if he will make a statement February, 2007 was 76 and 104 (all ranks) respec- on the matter. [7823/07] tively. This represents an increase of 28 (or 36.8%) in the number of personnel allocated Tanaiste and Minister for Justice, Equality and ´ since that date. Law Reform (Mr. McDowell): On 21 February Castlebridge Garda Station is open to the 2007, the person concerned presented at Carlow public from 10am to 1pm daily, subject to man- Garda Station for the purpose of fulfilling her power availability. The call diversion system is in obligations to register as a non EU national in operation and linked to the District Headquarters compliance with the provisions of Section 9 of the at Wexford Garda Station. Immigration Act, 2004. The person concerned was not in possession of Garda Management state that the extension of documentation required of her by the Immi- the opening hours at Castlebridge Garda Station gration Officer to whom she presented to. She would necessitate the employment of additional was therefore granted a permission pursuant to personnel on indoor administrative duties who Section 4 of Immigration Act 2004 to remain in may be more effectively employed on outdoor the State for a further period of six months only. duties. The registration fee is determined by the pro- I should add that it is the responsibility of visions of Immigration Act, 2004 (Registration Garda management to allocate personnel to and Certificate Fee) Regulations, 2006. within Divisions. These personnel allocations are determined by a number of factors including demographics, crime trends and other oper- Garda Deployment. ational policing needs. Such allocations are con- 148. Dr. Twomey asked the Ta´naiste and Mini- tinually monitored and reviewed along with over- ster for Justice, Equality and Law Reform if in all policing arrangements and operational view of an increased population in Castlebridge strategy. This ensures that optimum use is made in County Wexford and a subsequent rise in of Garda resources and that the best possible crime and anti-social behaviour in the area, there service is provided to the public. are plans to provide 24-hour Garda protection for I have been advised by the Garda authorities the people of Castlebridge; if so, when they will that recorded crime in the area was relatively be introduced; the alternative proposals and if static between 2000 and 2004. However, local such plans do not exist; and if he will make a Garda management has noted an increase in the statement on the matter. [7827/07] number of domestic burglaries and thefts from farm holdings/building sites in rural areas of the Ta´naiste and Minister for Justice, Equality and sub-district in the past two years. As a result, Law Reform (Mr. McDowell): I have been Superintendent Wexford met with members of informed by the Garda authorities, who are the Castlebridge Community Council in October responsible for the detailed allocation of 2006 to discuss crime and traffic issues. Local resources, including personnel, that the personnel Garda management constantly monitors crime strength (all ranks) of An Garda Sı´ocha´na and personnel levels to ensure every option is increased to a record 13,000 following the attest- examined in order to provide a higher Garda ation of 299 new members on Thursday, 16 presence in the sub district of Castlebridge by November, 2006. This compares with a total augmenting resources whenever possible. The strength of 10,702 (all ranks) as at 30 June, 1997 local community has been assured of the support and represents an increase of 2,298 (or 21.5%) in and commitment of An Garda Sı´ocha´na to the personnel strength of the Force during that provide a high visibility presence in the sub- period. The combined strength (all ranks), of district. 1395 Questions— 28 February 2007. Written Answers 1396

[Mr. McDowell.] It is the responsibility of a work permit holder Current policing plans in the area are predi- to ensure that, for the purposes of applying for cated on the prevention of crime, including naturalisation, his / her permission to remain in crimes of violence against persons and property the State be renewed in sufficient time so as to and public order offences and the maintenance of comply with the conditions set out above. an environment conducive to the improvement of quality of life of the residents. This strategy is, Visa Applications. and will continue to be, central to the delivery of a policing service to the Castlebridge area. 151. Dr. Upton asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform if he Official Engagements. will investigate the case and provide the reason for the refusal of an application for a visitors visa 149. Aengus O´ Snodaigh asked the Ta´naiste to a person (details supplied) in Dublin 20; and if and Minister for Justice, Equality and Law he will make a statement on the matter. Reform if he or representatives from his office [7836/07] have met a journalist (details supplied) in an official capacity; the number of occasions of Ta´naiste and Minister for Justice, Equality and same; the purpose of the meeting; and if infor- Law Reform (Mr. McDowell): The application mation from official files was shared with the referred to by the Deputy was received in the journalist. [7829/07] Visa Office, Dublin on 22nd November, 2006. The decision to refuse the application was taken Ta´naiste and Minister for Justice, Equality and on 29th November, 2006. Law Reform (Mr. McDowell): The Deputy will The application was refused as the Visa Officer not, I am certain, be surprised to learn that any was not satisfied, on the basis of the docu- Minister for Justice, Equality and Law Reform mentation submitted, that the person in question will have occasion to meet with journalists, had demonstrated a sufficient obligation to return especially Crime and Security correspondents, home or would observe the conditions of the visa. from time to time, as a normal function of that Additionally, it was felt that the person in ques- Office. Officials in my Department and myself tion had not demonstrated a clear link to the ref- had a standard relationship with the journalist in erence in Ireland. Finally, the Visa Officer was question in the course of his work as a Crime and not satisfied with the letter submitted, in support Security correspondent. On no occasion was of the applicants proposed visit, as no dates of official information improperly shared with this travel were included. person by myself or by anybody authorised to do An appeal against the initial refusal decision so on my behalf. was received on 6th December, 2006. However, following a re-examination of the application the Work Permits. decision to refuse was upheld on 11th December, 150. Mr. Wall asked the Ta´naiste and Minister 2006. As each applicant is entitled to one appeal for Justice, Equality and Law Reform the posi- only, no further review in this matter can be tion in regard to Parliamentary Question No. 114 granted; however it is open to the applicant to of 15 February 2007; the protection the applicant make a fresh application. has in regard to this matter; and if he will make a statement on the matter. [7833/07] Garda Investigations. ´ Ta´naiste and Minister for Justice, Equality and 152. Aengus O Snodaigh asked the Ta´naiste Law Reform (Mr. McDowell): Section 15(1)(c) of and Minister for Justice, Equality and Law the Irish Nationality and Citizenship Act 1956 Reform if his attention has been drawn to the sets out the conditions for naturalisation in terms case of a person (details supplied); if a full Garda of residency i.e. an applicant must be resident in investigation of the persons allegations was the State for a continuous period of one year carried out to ensure that there was no Garda immediately prior to the date of application and wrongdoing in this case of an innocent person during the eight years immediately preceding that who was arrested and harassed in respect of their period, have a total residence in the State claims, and whose stance was vindicated by a amounting to four years. nolle prosequi being entered by the State in Section 16A(1) of the same Act also states that November 2006. [7848/07] for the purposes of calculating the period of resi- dence in relation to an application for naturalis- 153. Aengus O´ Snodaigh asked the Ta´naiste ation, only those periods during which the appli- and Minister for Justice, Equality and Law cant has the permission of the Minister to reside Reform the reason for the contradictions in the in the State — other than for the purposes of Garda custody record of a person (details claiming asylum or engaging in a course of edu- supplied); and if he will make a statement on the cation or study — are reckonable. matter. [7849/07] 1397 Questions— 28 February 2007. Written Answers 1398

154. Aengus O´ Snodaigh asked the Ta´naiste operate a Dance Hall is granted as appropriate and Minister for Justice, Equality and Law by the District Court Justice in the locality. I have Reform if Wexford Garda station had videotap- no direct function in the matter. ing equipment on 10 October 2002; if not the Section 11 of the Intoxicating Liquor Act 2003 nearest Garda station which had; and the reason (which substituted a new section for section 5 of a prisoner (details supplied) was not transferred the Intoxicating Liquor Act 1927) provides that there when they requested a videotaped inter- the District Court may grant a special exemption view. [7850/07] order which permits the sale and consumption of intoxicating liquor on a specified occasion after Ta´naiste and Minister for Justice, Equality and normal closing time. Special exemption orders Law Reform (Mr. McDowell): I propose to take are granted on a case-by-case basis by the District Questions Nos. 152 to 154, inclusive, together. Court and this means that an application must be I am informed by the Garda authorities that made to the Court by the licensee in respect of a Garda Superintendent has been appointed to each occasion for which such an order is sought. examine the Garda investigation file in this The officer in charge of the Garda Sı´ocha´na for matter. the relevant licensing area must be given at least It would therefore in the circumstances be 48 hours notice of an application for a special inappropriate for me to comment further at this exemption order. Among the grounds on which time. objections to the granting of such orders may be made include undue inconvenience or nuisance to Animal Welfare. persons residing in the locality, or an undue risk 155. Mr. Sargent asked the Ta´naiste and Mini- to public order in the locality. ster for Justice, Equality and Law Reform if he Provision is made for a local authority role in will take action in view of reports of cruelty determining the duration of special exemption inflicted on tame cats by shooting at close range orders in its administrative area. A local authority in the Swords area of north County Dublin where may adopt a resolution concerning the expiry the killer holds a gun licence; and if specific legis- times of special exemption orders in respect of lation will be introduced regarding the safety and the whole or a specified part of its administrative welfare of cats in order that abuse like this can area. The District Court is required to have not go unchallenged in future. [7855/07] regard to any such resolution before making a special exemption order on foot of any appli- Ta´naiste and Minister for Justice, Equality and cation by a licensee. Law Reform (Mr. McDowell): I am informed by the Garda authorities that in November 2005 a Legislative Programme. complaint was received at Swords Garda Station 157. Ms Burton asked the Ta´naiste and Mini- that cats had been shot at a location outside ster for Justice, Equality and Law Reform his Swords and a suspect was nominated. proposals in respect of drafting legislation to I understand that the complaint was fully inves- allow for a property services regulatory authority; tigated by the Garda authorities, who liased with when this legislation will be brought before Da´il the Irish Society for the Prevention of Cruelty to E´ ireann; the functions and powers of the pro- Animals (ISPCA). No evidence of the com- posed authority; the remedies it will be able to mission of a criminal offence was disclosed by the provide for residents who are receiving an unsat- Garda investigation. isfactory service or being overcharged by their I am further informed that the complainant was management companies; the powers the pro- advised of the outcome of the Garda investi- posed authority will have regarding companies gation by the Garda authorities and the ISPCA. that are meeting their statutory obligations as Legislation relating to the welfare of animals is Irish companies; and if he will make a statement the responsibility of the Minister for Agriculture on the matter. [7868/07] and Food. Ta´naiste and Minister for Justice, Equality and Liquor Licensing Laws. Law Reform (Mr. McDowell): The Government 156. Mr. Costello asked the Ta´naiste and Mini- Legislation Programme published on 30 January ster for Justice, Equality and Law Reform the provides for publication of the Property Services requirements for acquiring a public dance licence; Regulatory Authority Bill in 2007. This legis- the requirements for a late night special exemp- lation will give effect to key recommendations of tion licence; and if he will make a statement on the Auctioneering/Estate Agency Review Group, the matter. [7867/07] including establishment of the Property Services Regulatory Authority to control and regulate the Ta´naiste and Minister for Justice, Equality and provision of property services provided by auc- Law Reform (Mr. McDowell): I can inform the tioneers, estate agents and property manage- Deputy that the legislation governing the grant- ment agents. ing of licences for public dancing is set out in the Pending enactment of the legislation, I have Public Dance Hall Act 1935. A licence granted to established an Implementation Group to assist 1399 Questions— 28 February 2007. Written Answers 1400

[Mr. McDowell.] Ta´naiste and Minister for Justice, Equality and and advise on practical matters relating to the Law Reform (Mr. McDowell): I am advised that new body and to prepare for the new licensing there is a total of eleven persons currently system. A Chief Executive designate has also detained in Cloverhill Prison on immigration been appointed and is engaged in preparatory related matters. The longest current period of work for establishment of the Authority. detention for any of these 11 persons is 17 days As regards difficulties arising in relation to the in custody. operation of property management companies, Six of the persons detained are the subject of the Law Reform Commission’s Consultation Deportation Orders and have been detained, Paper on Multi-Unit Developments makes it pending deportation, on the basis of having pre- clear that action will be required across a broad viously evaded deportation. Two of the persons range of policy areas, including the planning and detained are the subject of Transfer Orders pur- development code, company law, consumer pro- suant to the Dublin Regulation and have been tection law and the development of regulatory detained in accordance with the Refugee Act, structures. In recognition of this, and the cross- 1996 (Section 22)(Amendment) Order, 2004. A cutting nature of many of the issues, the Govern- further three persons have been refused leave to ment has approved the establishment of a high- land, contrary to Section 4(3) of the Immigration level interdepartmental committee to assist in the Act, 2004 and are being detained pending development of a coherent and comprehensive arrangements for their removal from the State on legislative response to the difficulties arising in the next available return flight. relation to property management companies. Asylum applicants are not detained while their A key task of the committee, which will hold cases are being processed. its first meeting next week, will be to identify the key legislative and administrative actions to be Immigration Registration Certificates. taken and to determine a timescale for implemen- tation as soon as possible. In particular, the com- 159. Mr. Wall asked the Ta´naiste and Minister mittee will have regard to recommendations for for Justice, Equality and Law Reform the reason legislative reforms contained in the Law Reform for the difference of interpretation or the reason Commission’s Report on Multi-Unit Devel- for the decision to grant permission for only six opments which will be published later this year. months instead of his declared position of 12 I should also mention that the National Con- months in view of the fact that the cost of such \ sumer Agency has produced a very valuable registration is 100 each time and that families booklet entitled ‘Putting Consumers First’ which can not afford this fee; if he will make a statement contains information and guidance for those who in regard to the position of a person (details have bought an apartment or house in a multi- supplied). [7874/07] unit complex, or are considering doing so. In addition, the Director of Corporate Enforcement Ta´naiste and Minister for Justice, Equality and has launched a draft consultation paper on the Law Reform (Mr. McDowell): On 21 February governance of property management companies 2007, the person concerned presented at Carlow which provides essential information for the Garda Station for the purpose of fulfilling his members and directors of management compan- obligations to register as a non EU national in ies and is seeking submissions from interested compliance with the provisions of Section 9 of the parties. Immigration Act, 2004. Pending the enactment of future legislation, I The person concerned was not in possession of believe that improved awareness of their rights, documentation required of him by the Immi- and a better understanding of the corresponding gration Officer to whom he presented. He was duties and responsibilities of developers and buil- therefore granted a permission pursuant to ders, will enable the owners of apartments and Section 4 of Immigration Act 2004 to remain in houses in multi-unit complexes to assert their the State for a further period of six months only. rights as company members, become involved in The registration fee is determined by the pro- the management of their company and combat visions of Immigration Act, 2004 (Registration abuses. Certificate Fee) Regulations, 2006.

Immigration Matters. Commissions of Investigation. 158. Ms McManus asked the Ta´naiste and 160. Mr. O’Connor asked the Ta´naiste and Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform if the number of people detained in Cloverhill he will make a statement on the Dean Lyons case prison for immigration reasons; the longest following recent developments. [7886/07] period that any of them has been detained; the length of time on average between their appli- Ta´naiste and Minister for Justice, Equality and cation for asylum being sanctioned and the pro- Law Reform (Mr. McDowell): I refer the Deputy cess being completed for their release; and if he to the comprehensive 1000 word statement will make a statement on the matter. [7869/07] regarding recent developments in relation to the 1401 Questions— 28 February 2007. Written Answers 1402

Dean Lyons case issued by me on Thursday last I should add that it is the responsibility of Garda 22 February 2007. The content of that statement management to allocate personnel to and within may be accessed on my Department’s website at Divisions. These personnel allocations are deter- www.justice.ie. mined by a number of factors including demo- Furthermore, I addressed other contemporary graphics, crime trends and other operational aspects of the Dean Lyons case in my response policing needs. Such allocations are continually to Parliamentary Question Numbers 29, 45 and monitored and reviewed along with overall 53 on that same date. policing arrangements and operational strategy. This ensures that optimum use is made of Garda Garda Deployment. resources and that the best possible service is pro- vided to the public. 161. Mr. O’Connor asked the Ta´naiste and I know that the Garda Commissioner will take Minister for Justice, Equality and Law Reform if full account of the needs of the Tallaght area in he will report on his continued efforts to assign his allocation of the very considerable increase additional gardaı´ to Tallaght. [7887/07] currently under way in the strength of the Force. Ta´naiste and Minister for Justice, Equality and Garda Investigations. Law Reform (Mr. McDowell): I have been informed by the Garda authorities, who are 162. Mr. Gregory asked the Ta´naiste and Mini- responsible for the detailed allocation of ster for Justice, Equality and Law Reform if he resources, including personnel, that the personnel will ask the Garda authorities to report on the strength (all ranks) of An Garda Sı´ocha´na action they are taking to provide adequate pro- increased to a record 13,000 following the attest- tection to the residents of an area (details ation of 299 new members on Thursday, 16 supplied) in Dublin 7 who are the victims of November, 2006. This compares with a total nightly anti-social behaviour and vandalism by strength of 10,702 (all ranks) as at 30 June, 1997 groups of youths; and if he will make a statement and represents an increase of 2,298 (or 21.5%) in on the matter. [7941/07] the personnel strength of the Force during that period. The combined strength (all ranks), of 163. Mr. Gregory asked the Ta´naiste and Mini- both attested Gardaı´ and recruits in training as at ster for Justice, Equality and Law Reform if the 31 December 2006 was 14,068. Furthermore, arrests have been made arising from vandalism I should say that in December, 2006 as part of a and damage to property carried out in an area package of anti-crime measures, the Government (details supplied) in Dublin 7 by a gang of youths; approved the continuation of the existing Garda and if he will make a statement on the matter. recruitment programme to achieve a total Garda [7942/07] strength of 15,000. The accelerated intake of approximately 1,100 new recruits per annum into Ta´naiste and Minister for Justice, Equality and the Garda College will continue until this target Law Reform (Mr. McDowell): I propose to take is met. The Garda Budget now stands at \1.4 Questions Nos. 162 and 163 together. billion, an 11% increase on 2006 and a 96% I am informed by the Garda authorities that increase since 1997 in real terms. local Garda management is aware of the problem I have been further informed by the Garda local residents have with anti-social behaviour authorities that the number of Gardaı´ stationed and public disorder in the area concerned, partic- at Tallaght Garda Station on 31 December 1997 ularly in relation to groups of youths from the to 31 December 2006 and on 31 January, 2007 locality congregating around the area. was as set out in the table hereunder: I am further informed by the Garda authorities that the area referred to is regularly patrolled by Year Ending Tallaght uniform and plain clothes Gardaı´ from its local Garda station with a view to ensuring a concen- 31/12/97 133 trated and visible Garda presence in the area. 31/12/98 139 These patrols are backed up by Divisional Garda Units, including the Traffic Corps, Mountain 31/12/99 142 Bike, Drug, Task Force and the District and Div- 31/12/00 159 isional Detective Units. 31/12/01 159 I understand that there has been one incident, 31/12/02 159 of graffiti, recorded in the area referred to. This 31/12/03 166 incident is under investigation by the Garda auth- 31/12/04 173 orities and arrangements have been made with the local authority to have the graffiti removed. 31/12/05 167 However, no one has been made amenable for 31/12/06 178 this incident to date. 31/01/07 177 Community policing is a central value of Increase since 31/12/97 44 (or 33%) policing policy and there are two Gardaı´ from the local Community Policing Unit assigned to the 1403 Questions— 28 February 2007. Written Answers 1404

[Mr. McDowell.] tenders for the building work in respect of the area. They liase with local residents and residents’ new office have been sought and I understand group and give assistance and crime prevention that the accommodation is now expected to be advice. Any complaints of anti-social behaviour ready for occupation in September. and vandalism are fully investigated when reported to the Garda authorities. Garda Equipment. Current policing policy in the area is predicated on the prevention of public order offences; the 167. Mr. Lowry asked the Ta´naiste and Mini- prevention of crime including crimes of violence ster for Justice, Equality and Law Reform the against persons and property and the mainten- number of stab vests provided to members of An ance of an environment conducive to the Garda Sı´ocha´na to date; when he expects every improvement of quality of life of the residents. operational member of the force to have an allo- This strategy is, and will continue to be central cated stab vest; and if he will make a statement to the delivery of a policing service to the area on the matter. [8050/07] in question. Ta´naiste and Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been Asylum Applications. informed by the Garda authorities that they have 164. Mr. Curran asked the Ta´naiste and Mini- put in place a contract for the supply and delivery ster for Justice, Equality and Law Reform the of 11,000 Anti-Stab/Ballistic vests (with an option status of a person (details supplied) in Dublin 22 to purchase an additional 4,000). Delivery and fit- who came here in March 2005. [7959/07] out commenced on 8th February and I am advised that as of 27th February, 2007 a total Ta´naiste and Minister for Justice, Equality and 1,000 vests have been issued. Distribution to all Law Reform (Mr. McDowell): The applicant uniform members will be completed within the applied for asylum on 2nd March, 2005. His appli- next number of months. In addition, a separate cation was refused and a Deportation Order was contract for the supply and delivery of up to 2,100 made on 6th July, 2006. (an initial supply of 1,500 with an option to pur- The applicant instituted Judicial Review pro- chase a further 600) Ballistic Vests with anti-stab ceedings on 25th August, 2006 challenging the properties has been put in place. These Ballistic Deportation Order made in respect of him and Vests are being provided to Detective Gardaı´ and accordingly, as the matter is sub judice, I do not those employed on a long term basis as aides to propose to comment further. Detective Units. The Garda authorities advise me that as of the 27th February 2007 a total of 1,500 Decentralisation Programme. vests have been issued. A further order has been placed for delivery of an additional 300 Ballistic 165. Mr. Lowry asked the Ta´naiste and Mini- Vests. ster for Justice, Equality and Law Reform the progress to date of the decentralisation of Garda headquarters to Thurles; and if he will make a Garda Strength. statement on the matter. [8048/07] 168. Mr. Lowry asked the Ta´naiste and Mini- ster for Justice, Equality and Law Reform the 166. Mr. Lowry asked the Ta´naiste and Mini- number of Gardaı´ in County Tipperary stations ster for Justice, Equality and Law Reform the (details supplied) who are due to retire in 2007; progress to date of the decentralisation of Garda the number who have retired since 2002; the fixed penalties unit to Thurles; and if he will number who have transferred into these stations; make a statement on the matter. [8049/07] the number who have transferred out of these stations; the number of newly attested Gardaı´ Ta´naiste and Minister for Justice, Equality and who were deployed since 2002; the number of Law Reform (Mr. McDowell): I propose to take newly attested Gardaı´ expected to be deployed Questions Nos. 165 and 166 together. in 2007; and if he will make a statement on the Under the Government’s Decentralisation matter. [8051/07] Programme, one hundred and fourteen posts are scheduled to decentralise from sections in Garda Ta´naiste and Minister for Justice, Equality and Headquarters to Thurles by the end of 2008. The Law Reform (Mr. McDowell): I have been Garda Central Vetting Unit commenced its oper- informed by the Garda authorities, who are ations in Thurles in November 2005 involving the responsible for the detailed allocation of transfer from Dublin of thirty-one posts. Ten resources, including personnel, that the personnel further posts will be added to that Unit in the strength (all ranks) of the Garda Sı´ocha´na coming weeks. increased to a record 13,000 following the attest- Another advance move is planned for 2007, ation of 299 new members on Thursday, 16 when forty-three posts from the Fixed Charge November, 2006. This compares with a total Processing Unit will relocate to Thurles. The strength of 10,702 (all ranks) as at 30 June, 1997 Office of Public Works has confirmed that and represents an increase of 2,298 (or 21.5%) in 1405 Questions— 28 February 2007. Written Answers 1406 the personnel strength of the Force during that application for a temporary Travel Document in period. The combined strength (all ranks), of order to travel and obtain their own national both attested Gardaı´ and recruits in training as at passport. The application was approved and a the 31 December 2006 was 14,068. Furthermore, temporary Travel Document was issued on 30 I should say that in December, 2006 as part of a August 2006 for this purpose. Due to exceptional package of anti-crime measures, the Government circumstances this document was extended for a approved the continuation of the existing Garda further six months on 21 February 2007 to allow recruitment programme to achieve a total Garda the person concerned to travel with her son to strength of 15,000. The accelerated intake of obtain their own national passports. approximately 1,100 new recruits per annum into the Garda College will continue until this target is met. The Garda Budget now stands at \1.4 Crime Levels. billion, an 11% increase on 2006 and a 96% 170. Mr. Lowry asked the Ta´naiste and Mini- increase since 1997 in real terms. ster for Justice, Equality and Law Reform the I have also been informed by the Garda auth- number of crimes reported across all headings orities that no Gardaı´ from the Stations listed here from 2002 to 2006; the number under each, above have reported their intention to retire in reported in County Tipperary during the same 2007. Garda Management state that the number period; the number of successful convictions that of Gardaı´ (all ranks) who have retired from the have been recorded for each; the number of cases Stations listed above since 1 January, 2002 was pending; the number of unsolved cases; and if he 57. Garda management further state that the will make a statement on the matter. [8053/07] information on total numbers of transfers to and from the Stations referred to in the question over the past five years is not readily available in the 171. Mr. Lowry asked the Ta´naiste and Mini- detail sought and can only be obtained by the dis- ster for Justice, Equality and Law Reform the proportionate expenditure of Garda time and number of crimes reported across all headings resources. It is anticipated that approximately from 2002 to 2006 in County Tipperary; the 1,100 Student Gardaı´ will be attested to the number of successful convictions that have been Garda Sı´ocha´na during 2007. I should add that recorded for each; the number of cases pending; it is the responsibility of Garda management to the number of unsolved cases; and if he will make allocate personnel to and within Divisions. These a statement on the matter. [8054/07] personnel allocations are determined by a number of factors including demographics, crime Ta´naiste and Minister for Justice, Equality and trends and other operational policing needs. Such Law Reform (Mr. McDowell): I propose to take allocations are continually monitored and Questions Nos. 170 and 171 together. reviewed along with overall policing arrange- The information requested by the Deputy in ments and operational strategy. This ensures that respect of the years 2002 to 2005 is available in optimum use is made of Garda resources and that the relevant Garda Annual Reports, copies of the best possible service is provided to the public. which are available in the Oireachtas Library. I know that the Garda Commissioner will take Following the submission to me in 2004 of a full account of the needs of Garda Stations in report and recommendations by an expert group County Tipperary in his allocation of the very on crime statistics, I decided that the compilation considerable increase under way in the strength and publication of crime statistics should be taken of the Force. over by the Central Statistics Office, as the national statistical agency, from the Garda Sı´och- Citizenship Applications. a´na. The Garda Sı´ocha´na Act, 2005 consequently 169. Mr. Lowry asked the Ta´naiste and Mini- makes provision for this and the CSO has estab- ster for Justice, Equality and Law Reform if a lished a dedicated unit for this purpose. Follow- final reply will issue to correspondence (details ing the setting up of the necessary technical supplied); and if he will make a statement on the systems and auditing of the data from which the matter. [8052/07] statistics are compiled, I am pleased to note that the CSO is now compiling and publishing crimi- Ta´naiste and Minister for Justice, Equality and nal statistics and has published provisional head- Law Reform (Mr. McDowell): I refer the Deputy line crime statistics for the third and fourth quar- to my previous answer of 27th June 2006 which ters of 2006. In addition, it has compiled and outlined the procedures for issuing a temporary published a series of quarterly and annual statis- Travel Document to a Stateless person. From the tics for the period starting with the first quarter additional information supplied by the Deputy I of 2003. I understand that the CSO are examining can state the person concerned is not considered how the crime statistics published might be Stateless as defined by the 1954 Convention on expanded and made more comprehensive. I have the Status of Stateless Persons and is in a position to obtain a passport from their country of origin. asked the CSO to provide the information sought In this regard the person referred to made an by the Deputy, in relation to 2006, directly to him. 1407 Questions— 28 February 2007. Written Answers 1408

Tax Code. of specified educational qualifications and who complies with certain other conditions. However, 172. Mr. Kehoe asked the Minister for Finance having regard to the details supplied by the the criteria and implications for a land owner who Deputy, this exemption would not apply to the wishes to sign his holding over to persons (details transfer in this case. supplied); and if he will make a statement on the matter. [7814/07] Market Value Rate of Duty

Minister for Finance (Mr. Cowen): Iam \ advised by the Revenue Commissioners that the Up to 10,000 Exempt proposed transfer by a landowner, in the circum- \10,001 to \20,000 1% stances outlined, is treated as a disposal for capi- \20,001 to \30,000 2% tal gains tax purposes. In computing the gain the \30,001 to \40,000 3% deemed sale price is the market value of the \40,001 to \70,000 4% property at the date of the transfer. Relief from \70,001 to \80,000 5% capital gains tax is available where an individual, \ \ aged 55 years or over, disposes of all or part of 80,001 to 100,000 6% his/her “qualifying assets”. For the purposes of \100,001 to \120,000 7% this relief “qualifying assets” include assets which \120,001 to \150,000 8% have been owned by the individual for a period Over \150,000 9% of not less than 10 years ending on the date of the disposal and have been used for the purposes of farming or a trade by the individual throughout Tax Yield. the 10-year period ending with the disposal. If the transfer is from parent to child, relief is with- 173. Mr. Kehoe asked the Minister for Finance drawn if the child disposes of the assets within 6 the revenue taken in by his Department from years of the date of transfer. The withdrawn relief VAT on gas, ESB and phone bills for the past is chargeable on the child. twelve months; if he will provide a breakdown of For the purpose of both Gift and Inheritance the figures; and his plans to reduce the VAT rate Tax (Capital Acquisitions Tax), the relationship to lesson the impact of inflation on these utility between the person who provides the gift or bills. [7845/07] inheritance (the disponer) and the person who receives the gift or inheritance (the beneficiary), Minister for Finance (Mr. Cowen): Iam determines the maximum tax-free threshold- informed by the Revenue Commissioners that the known as the “Group Threshold”. The threshold information to be furnished on VAT returns does applying to a gift or inheritance received by a not require the yield from particular sectors of child from his/her parents is the Group A thres- trade to be identified. It is, therefore, not possible hold and for 2007 this is \496,824. Any other to identify what portion of the net VAT received gifts/inheritances that might have been received relates to sales of electricity, gas or telecom- by the beneficiary from within the same Group A munications to domestic households. However, threshold (i.e. from parents) since 5 December based on statistical data derived from non- 1991 will also be taken into account when apply- Revenue sources, the expected revenue accruing ing the threshold for the purpose of calculating from VAT on gas, electricity and telecommunica- the gift/inheritance tax. Each child is separately tions at the end of 2006 is as follows: entitled to its own Group A tax-free threshold. If a gift or inheritance consists of agricultural Electricity Gas Telecommunications lands, the market value of the agricultural lands may be reduced by 90% provided certain con- \176 million \84 million \485 million ditions are met. The conditions attaching to the relief are that the land is taken by a “farmer”, These figures would include VAT from unregis- who is defined in the legislation as an individual tered and exempt businesses as well as domestic in respect of whom not less that 80 per cent of his consumers. It should also be noted that the VAT or her assets, after taking the gift or inheritance, content of purchases of gas, electricity and tele- consist of agricultural property and also that the communications is a deductible credit for busi- land is not disposed of for six years after the date ness in the Irish VAT system. of the receipt of the gift or inheritance. A gift of The VAT rating of goods and services is sub- land attracts a stamp duty liability based on the ject to the requirements of EU VAT law with market value of the land transferred. The rates of which Irish VAT law must comply. Supplies of stamp duty which apply are set out in the Table electricity and gas are already subject to the that follows this reply. The stamp duty payable is reduced VAT rate of 13.5% and telecommunica- reduced by 50% in the case of a gift from a parent tions services are subject to the standard rate of to a child. There is an exemption from stamp duty VAT of 21%. Under the VAT Directive Member in the case of the transfer of land to a person States may retain the zero rates on goods and who is under 35 years of age, who is the holder services, which have been in place since 1 January 1409 Questions— 28 February 2007. Written Answers 1410

1991, but cannot extend the zero rate to other if an embargo on the recruitment of staff exists goods and services. It is therefore not possible within the public service; if such an embargo under EU law to apply a zero VAT rate to the exists for all grades of staff; the basis for such an provision of domestic utilities including elec- embargo; and if he will make a statement on the tricity, gas and telecommunications. In the case matter. [8035/07] of supplies of electricity and gas, under EU law, it would not be possible to reduce the rate apply- Minister for Finance (Mr. Cowen): There is no ing to such products below 12%. Such a change in embargo on the recruitment of staff for any sector the reduced VAT rate, while having a significant within the public service. The Government has, Exchequer cost, would have little or no effect on over the last number of years, followed a policy the retail price of such products. In the case of under which the growth in public service employ- telecommunications services, it would not be pos- ment has slowed overall. The Government will sible to reduce the VAT rate without reducing continue to control and regulate numbers the rate applying to all goods and services to employed in the public service within agreed ceil- which the standard rate applies. This would have ings. Organisations can recruit staff within the significant implications for the Exchequer. A overall ceiling which has been agreed for their reduction of 1% in the standard VAT rate would sector. It is a matter for each individual Depart- cost the Exchequer \415 million. ment and sector of the public service and relevant Minister to set priorities to give effect to this Flood Relief. policy.

174. Mr. P. Breen asked the Minister for Fin- Disabled Drivers. ance the situation regarding the flood relief plan; the timeframe for the flood relief measures for 177. Mr. Lowry asked the Minister for Finance persons (details supplied) following a meeting of if he will expand the disabled drivers scheme to the Office of Public Works officials, Clare County take account of other forms of disability not cur- Council and other bodies; and if he will make a rently eligibly under the scheme; the reason for statement on the matter. [7862/07] not undertaking such an expansion; the last time review or expansion of the scheme way carried Minister of State at the Department of Finance out since the scheme was introduced; and if he (Mr. Parlon): A study carried out by the Office will make a statement on the matter. [8056/07] of Public Works has identified works that will alleviate the flood risk in the area referred to. Minister for Finance (Mr. Cowen): The Dis- These works will be undertaken in conjunction abled Drivers and Disabled Passengers (Tax with Limerick and Clare County Councils using Concessions) Scheme provides relief from VAT their statutory powers, which will require the and VRT on the purchase of a car adapted for carrying out of a public consultation process. The the transport of a person with certain physical dis- timing of the works will depend on the successful abilities, as well as relief from excise on the fuel completion of this process and the need to accom- used in the car up to a certain limit. The disability modate environmental constraints. It is expected criteria for eligibility for the tax concessions that works will commence in the autumn. under this scheme are set out in the Disabled Dri- vers and Disabled Passengers (Tax Concessions) Regulations 1994. A person must be severely and Garda Stations. permanently disabled and satisfy one of the fol- 175. Mr. O’Connor asked the Minister for Fin- lowing conditions: ance if he will report on the efforts of the Office (a) be wholly or almost wholly without the of Public Works to develop a new Garda station use of both legs; for Tallaght. [7889/07] (b) be wholly without the use of one leg and Minister of State at the Department of Finance almost wholly without the use of the other leg (Mr. Parlon): The Commissioners of Public such that the applicant is severely restricted as Works are reappraising the site of the existing to movement of the lower limbs; Garda Station at Tallaght with a view to maximis- (c) be without both hands or without both ing the development potential for the State. Plan- arms; ning is under way for a major development of the site to include all Garda requirements for (d) be without one or both legs; Tallaght and a new Courthouse. It is expected (e) be wholly or almost wholly without the that a Part 9 planning process will be initiated use of both hands or arms and wholly or almost later this year. wholly without the use of one leg; (f) have the medical condition of dwarfism Public Service Recruitment. and have serious difficulties of movement of 176. Mr. Lowry asked the Minister for Finance the lower limbs. 1411 Questions— 28 February 2007. Written Answers 1412

[Mr. Cowen.] Hospital Services. The scheme has been in operation in some form 179. Ms Harkin asked the Minister for Health since 1968. As regards changes to the and Children if in view of the recent closure of medical/disability criteria: only criterion (a) was the 21 bed rheumatology unit in Our Lady’s in place up to 1989, when they were expanded by Hospital, Manorhamilton, County Leitrim at the addition of (b), (c), (d) and (f); and in 1994, weekends, this reflects a change in operational the final criterion at (e) was added. A special policy by her Department and the Health Service Interdepartmental Review Group reviewed the Executive towards Manorhamilton Hospital; if it operation of the Disabled Drivers Scheme. The is envisaged that there will be a change in services terms of reference of the Group were to examine provided by the hospital; and if she will make a the operation of the existing scheme, including statement on the matter. [7805/07] the difficulties experienced by the various groups and individuals involved with it, and to consider Minister of State at the Department of Health the feasibility of alternative schemes, with a view and Children (Mr. S. Power): Operational to assisting the Minister for Finance in determin- responsibility for the management and delivery of ing the future direction of the scheme. health and personal social services was assigned The Group’s Report, published on my Depart- to the Health Service Executive under the Health ment’s website in July 2004, sets out in detail the Act 2004. Therefore, the Executive is the appro- genesis and development of the scheme. It exam- priate body to consider the particular matter raised by the Deputy. My Department has ines the current benefits, the qualifying medical requested the Parliamentary Affairs Division of criteria, the Exchequer costs, relationship with the Executive to arrange to have the matter other schemes and similar schemes in other coun- investigated and to have a reply issued directly to tries. The Report also makes a number of recom- the Deputy. mendations, both immediate and long-term, referring respectively to the operation of the Services for People with Disabilities. appeals process and options for the future development of the scheme. In respect of the 180. Ms Harkin asked the Minister for Health long-term recommendations, including those and Children further to a previous parliamentary relating to the qualifying disability criteria, question the timeframe for examination of the further changes can only be made after careful motorised transport grant for a person (details supplied) in County Leitrim. [7822/07] consideration, given the scale and scope of the scheme. For this reason, the Government decided Minister of State at the Department of Health that the Minister for Finance would consider the and Children (Mr. T. O’Malley): The Deputy’s recommendations contained in the Report of the question relates to the management and delivery Interdepartmental Review Group in the context of health and personal social services, which are of the annual budgetary process having regard to the responsibility of the Health Service Executive the existing and prospective cost of the scheme. under the Health Act 2004. Accordingly, my This consideration is undertaken on a regular Department has requested the Parliamentary basis. Affairs Division of the Executive to arrange to have this matter investigated and to have a reply Hospital Waiting Lists. issued directly to the Deputy.

178. Mr. Ring asked the Minister for Health Hospitals Building Programme. and Children when a person (details supplied) in County Mayo will be called to Galway for the 181. Ms B. Moynihan-Cronin asked the Mini- urgent cardiac procedure that they have been told ster for Health and Children the situation regard- they need. [7804/07] ing progress in the provision of the 14 bed exten- sion to Kenmare Hospital, County Kerry; and if Minister for Health and Children (Ms Harney): she will make a statement on the matter. Operational responsibility for the management [7825/07] and delivery of health and personal social services Minister of State at the Department of Health is a matter for the Health Service Executive and and Children (Mr. S. Power): The Government’s funding for all health services has been provided sustained high level of investment in healthcare as part of its overall vote. Therefore, the Execu- has enabled the completion and commissioning of tive is the appropriate body to consider the part- numerous new facilities in both the acute and the icular question raised by the Deputy. My Depart- non-acute sectors. This year, the sum available ment has requested the Parliamentary Affairs for expenditure in health under the Health Division of the Executive to arrange to have this Service Executive’s capital plan is \559.5 million case investigated and to have a reply issued and over the period of the NDP the figure is \4.9 directly to the Deputy. billion. The HSE has responsibility for the plan- 1413 Questions— 28 February 2007. Written Answers 1414 ning and management of capital projects in the repayment scheme will be made to a person health sector, including the development referred (details supplied) in County Limerick. [7863/07] to in the Deputy’s question. The Department of Health and Children received the Health Service Minister for Health and Children (Ms Harney): Executive’s Capital Plan for 2007 on 17 January The Health Service Executive has responsibility 2007. The Plan is presently being evaluated with for administering the Repayment Scheme and the a view to its approval by my Department and the information sought by the Deputy relates to Department of Finance. The Health Service matters within the area of responsibility of the Executive will announce details of the approved Executive. My Department has requested the capital programme following this process. Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to Nursing Home Subventions. have a reply issued to the Deputy.

182. Mr. Ring asked the Minister for Health 186. Mr. Neville asked the Minister for Health and Children when moneys due from the nursing and Children when payment will be made under home refunds will be awarded to a person (details the national repayment scheme for a person supplied) in County Mayo. [7846/07] (details supplied) in County Limerick. [7864/07]

Minister for Health and Children (Ms Harney): Minister for Health and Children (Ms Harney): The Health Service Executive has responsibility The Health Service Executive has responsibility for administering the Repayment Scheme and the for administering the Repayment Scheme and the information sought by the Deputy relates to information sought by the Deputy relates to matters within the area of responsibility of the matters within the area of responsibility of the Executive. My Department has requested the Executive. My Department has requested the Parliamentary Affairs Division of the Executive Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to to arrange to have the matter investigated and to have a reply issued to the Deputy. have a reply issued to the Deputy.

183. Mr. N. O’Keeffe asked the Minister for 187. Mr. Neville asked the Minister for Health Health and Children when a refund of pension and Children the outcome of the application by a will be made in respect of hospital charges levied person (details supplied) in County Limerick for on a person (details supplied). [7847/07] refund of moneys under national repayment scheme. [7865/07] Minister for Health and Children (Ms Harney): The Health Service Executive has responsibility Minister for Health and Children (Ms Harney): for administering the Repayment Scheme and the The Health Service Executive has responsibility information sought by the Deputy relates to for administering the Repayment Scheme and the matters within the area of responsibility of the information sought by the Deputy relates to Executive. My Department has requested the matters within the area of responsibility of the Parliamentary Affairs Division of the Executive Executive. My Department has requested the to arrange to have the matter investigated and to Parliamentary Affairs Division of the Executive have a reply issued to the Deputy. to arrange to have the matter investigated and to have a reply issued to the Deputy. 184. Mr. N. O’Keeffe asked the Minister for Health and Children when a refund of pension Hospital Waiting Lists. will be made to a person (details supplied) in County Cork in respect of geriatric hospital 188. Mr. Ring asked the Minister for Health charges paid. [7854/07] and Children when a person (details supplied) in County Mayo will be admitted to Crumlin Minister for Health and Children (Ms Harney): Hospital for surgery. [7866/07] The Health Service Executive has responsibility for administering the Repayment Scheme and the Minister for Health and Children (Ms Harney): information sought by the Deputy relates to Operational responsibility for the management matters within the area of responsibility of the and delivery of health and personal social services Executive. My Department has requested the is a matter for the Health Service Executive and Parliamentary Affairs Division of the Executive funding for all health services has been provided to arrange to have the matter investigated and to as part of its overall vote. Therefore, the Execu- have a reply issued to the Deputy. tive is the appropriate body to consider the part- icular question raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Drugs Payment Scheme. Division of the Executive to arrange to have this 185. Mr. Neville asked the Minister for Health case investigated and to have a reply issued and Children when refund under the national directly to the Deputy. 1415 Questions— 28 February 2007. Written Answers 1416

Drugs Payment Scheme. and Children the investigations carried out by her Department into the testing of the 30,000 smear 189. Mr. Gilmore asked the Minister for Health tests that are to be tested in the USA; if she or the and Children the reason a person (details Health Service Executive has satisfied themselves supplied) in County Dublin is still waiting on a that the testing will be carried out and verified refund under the health repayment scheme; the to international standards; and if she will make a date on which they will receive their payment; statement on the matter. [7877/07] and if she will make a statement on the matter. [7875/07] Minister for Health and Children (Ms Harney): The Deputy’s question relates to the manage- Minister for Health and Children (Ms Harney): ment and delivery of health and personal social The Health Service Executive has responsibility services, which are the responsibility of the for administering the Repayment Scheme and the Health Service Executive under the Health Act information sought by the Deputy relates to 2004. Accordingly, my Department has requested matters within the area of responsibility of the the parliamentary affairs division of the executive Executive. My Department has requested the to arrange to have this matter investigated and to Parliamentary Affairs Division of the Executive have a reply issued directly to the Deputy. to arrange to have the matter investigated and to have a reply issued to the Deputy. Health Repayment Scheme. Cancer Screening Programme. 192. Mr. Wall asked the Minister for Health and Children if, further to Parliamentary Ques- 190. Mr. Wall asked the Minister for Health tion No. 230 of 14 February 2007, payments are and Children the concerns he has in regard to a due to a person (details supplied) in County submission (details supplied); the investigations Kildare under the health repayment scheme; and her Department or the Health Service Executive if she will make a statement on the matter. has carried out in researching these figures; the [7878/07] result of such research or investigation; the action taken as a result; and if she will make a statement Minister for Health and Children (Ms Harney): on the matter. [7876/07] The Health Service Executive has responsibility for administering the Repayment Scheme and the Minister for Health and Children (Ms Harney): information sought by the Deputy relates to An effective national cervical screening prog- matters within the area of responsibility of the ramme will result in a substantial reduction in the Executive. My Department has requested the incidence of cervical cancer. It is my objective to Parliamentary Affairs Division of the Executive have such a programme rolled out, beginning late to arrange to have the matter investigated and to this year, based on an affordable model. For that have a reply issued to the Deputy. purpose, on 1 January 2007, I established a National Cancer Screening Service which amalga- Health Services. mates BreastCheck and the Irish Cervical Screen- 193. Mr. Wall asked the Minister for Health ing Programme. \ and Children the income limit for a person The total allocation to the new Service is 33m; (details supplied) to be eligible for the diet sup- this is a 71% increase on the 2006 allocation to plement scheme which preceded the new regu- the Programmes. This includes additional funding \ lations Circular No. 03/06; and if she will make a of 5m for 2007 to the Service to commence roll statement on the matter. [7881/07] out of the Cervical Screening Programme. Signifi- cant preparatory work is well under way involv- Minister of State at the Department of Health ing the introduction of new and improved cervical and Children (Mr. S. Power): The Deputy’s ques- tests, improved quality assurance training and the tion relates to the management and delivery of preparation of a national population register. The health and personal social services, which are the plan is to have cervical screening managed as a responsibility of the Health Service Executive national call/recall programme via effective under the Health Act 2004. Accordingly, my governance structures that provide overall leader- Department has requested the parliamentary ship and direction, in terms of quality assurance, affairs division of the executive to arrange to have accountability and value for money. All elements this matter investigated and to have a reply issued of the programme, call/recall, smear taking, lab- directly to the Deputy. oratories, colposcopy and treatment services will be quality assured, organised and managed to Hospital Accommodation. deliver a single integrated service. 194. Mr. P. Breen asked the Minister for Health and Children when a person (details Health Services. supplied) in County Clare will be facilitated with 191. Mr. Wall asked the Minister for Health a bed in the National Rehabilitation Hospital, 1417 Questions— 28 February 2007. Written Answers 1418

Du´ n Laoghaire, County Dublin; and if she will rently in progress. The Review is expected to be make a statement on the matter. [7923/07] completed in the first half of 2007. With regard to the Group in question, I under- Minister of State at the Department of Health stand that they were recently informed by the and Children (Mr. T. O’Malley): The Deputy’s Childcare Directorate of my Office that their question relates to the management and delivery application for staffing grant assistance under the of health and personal social services, which are EOCP was being refused, as the application could the responsibility of the Health Service Executive not meet the end 2006 timeframe for entering under the Health Act 2004. Accordingly, my into contract under the EOCP. I am pleased to Department has requested the Parliamentary inform the Deputy that this position has been Affairs Division of the Executive to arrange to reviewed in the case of EOCP staffing grant have this matter investigated and to have a reply applicants who have already entered into contract issued directly to the Deputy. in respect of a linked EOCP capital grant, and who are due to open new child care facilities in Child Care Services. advance of the introduction of the proposed new programme of staffing grants under the NCIP. As 195. Dr. Cowley asked the Minister for Health a result, subject to the availability of EOCP fund- and Children if she will urgently review the appli- ing for this purpose, applications for EOCP staff- cation by a group (details supplied) in County ing grant assistance will continue to be considered Mayo for staffing grant assistance for a com- in the circumstances outlined. munity child-care group; if her attention has been I have asked officials in the Childcare Director- drawn to the voluntary work already carried out ate of my Office to contact the Group in question, by this group, with an approved building ready to along with a number of other Groups in similar commence business and with children waiting to circumstances, at the earliest opportunity to attend this necessary facility; her views on advise them of the position in regard to their whether preschool education is essential with a grant application. majority of children in this area having to attend national school without having attending pre- school; and if she will make a statement on the College of Podiatry. matter. [8013/07] 196. Mr. Allen asked the Minister for Health and Children if she proposes to establish a Minister of State at the Department of Health College of Podiatry; and, if so, when and where and Children (Mr. B. Lenihan): As the Deputy will it be located. [8014/07] will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 Minister for Health and Children (Ms Harney): (EOCP) and the National Childcare Investment In January of this year I, along with my colleague Programme 2006-2010 (NCIP), which are being the Minister for Education and Science, implemented by the Office of the Minister for announced the provision of funding to establish a Children. The introduction of the NCIP in new degree programme and associated clinic for January 2006, prior to the closure of the EOCP, the education of podiatrists (chiropodists) in has facilitated applicants unable to meet the end Ireland. The FA´ S ‘Healthcare Skills Monitoring of EOCP deadlines for grant assistance by pro- Report’ August 2005 identified podiatry as an viding an alternative source of grant aid for child occupation with long term supply shortfalls and care provision. recommended the establishment of a BSc in Podi- With an allocation of \575 million for the 5 atry. The provision of a school is a particular year period of 2006-2010, the NCIP is a key priority with the increased need for services due element of the National Childcare Strategy 2006- to the aging population and the significant 2010. The NCIP aims to deliver a more compre- increase in diabetes. The availability of podiatry hensive approach to early years care and edu- services has been shown internationally to cation and to deliver 50,000 additional child care improve or maintain the mobility of older persons places, with a greater focus on pre-school places and reduce the requirement for more extensive for 3-4 year olds and school age child care. health services. Both my Department and the Support towards the staffing costs of employing Department of Education and Science along with child care workers, in community based child care the Health Service Executive and the Higher facilities in disadvantaged areas, was provided Education Authority (HEA) are working to under the EOCP and have been extended to 31 establish a school of podiatry which will provide December 2007 for all groups who are meeting a 4 year degree program leading to a BSc in podi- the terms of their existing staffing grant contracts. atry. An annual intake of 25 students is planned. A new programme of staffing grants under the The HEA, working in partnership with a health NCIP is expected to be announced later this year care provider, has issued a call for proposals to and will be informed by the outcome of a Value higher education institutes for the establishment for Money Review of the EOCP which is cur- of a school and are currently awaiting responses. 1419 Questions— 28 February 2007. Written Answers 1420

[Ms Harney.] the totality of the scientific and medical evidence It will then be necessary for a comprehensive available so we have the most up-to-date and evaluation of any responses before a decision in accurate information in regard to the potential relation to the school, including its location, can health effects, if any, of electromagnetic fields. be reached. The international consensus of scientific research to date is that there is no consistent evi- Health Services. dence for adverse health effects below inter- national guidelines, at the level of exposure from 197. Mr. Lowry asked the Minister for Health mobile phones and base stations. These guide- and Children if a programme (details supplied) lines have been developed by ICNIRP and are will be expanded to North Tipperary; the reason endorsed by the European Union under Council the programme has not been expanded to date; if Recommendation EC/519/1999. Indeed, the funds will be made available to expand the prog- World Health Organisation states that: “Consid- ramme without delay; and if she will make a ering the very low exposure levels and research statement on the matter. [8026/07] results collected to date, there is no convincing scientific evidence that the weak RF signals from Minister for Health and Children (Ms Harney): base stations and wireless networks cause adverse The question relates to the management and health effects”. The Inter-departmental Commit- delivery of health and personal social services, tee on the Health Effects of Electromagnetic which are the responsibility of the Health Service Fields have received the report of the Expert Executive under the Health Act 2004. Accord- Group and formulated proposals to Government. ingly, my Department has requested the I will shortly bring these proposals to my Parliamentary Affairs Division of the Executive Cabinet colleagues. to arrange to have this matter investigated and to have a reply issued directly to the Deputy. Compensation Redress Scheme. Communications Masts. 199. Mr. Lowry asked the Minister for Communications, Marine and Natural Resources 198. Ms Burton asked the Minister for if, since his recent meeting with a deputation Communications, Marine and Natural Resources (details supplied), he has progressed their if his attention has been drawn to the fact that requests in respect of compensation claims two new phone transmitter panels have recently similar to that received by their counterparts in been placed at a site (details supplied) in Dublin the UK; if a compensation redress scheme will be 15 in view of the fact that a 200 metre exclusion established; the timeframe for the implemen- zone was voted in by local councillors; if his atten- tation of such a scheme; and if he will make a tion has been further drawn to the scientific statement on the matter. [8022/07] research on mobile phone base stations which indicates that such stations are a cause for con- Minister for Communications, Marine and cern; if his attention has been drawn to the work Natural Resources (Mr. N. Dempsey): As I made and findings of EM Radiation Research Trust, clear to the Deputy, and to the deputation of based in Geneva who recently met with nine rep- former miners, the situation in the UK is different resentatives of voluntary groups in Ireland and in that the industry there was nationalised. The the United Kingdom; when the report on non- Deputy will recall that I promised to raise the ionising radiation from the Joint Committee will miners’ request with my Government colleagues. be published; and if he will make a statement on The question of levels of benefit or compensation the matter. [7858/07] for occupational injury or illness is a matter in the first instance for the Minister for Social and Minister for Communications, Marine and Family Affairs. I have asked him to give the Natural Resources (Mr. N. Dempsey): Planning matter his attention. is a matter for the relevant local authority in the first instance, under the aegis of my colleague, the Minister for Environment, Heritage and Local Post Office Network. Government, Deputy Roche. 200. Mr. Lowry asked the Minister for My Department maintains a watching scientific Communications, Marine and Natural Resources brief on the most up-to-date research in relation his views on the decision by An Post to seek the to potential health effects of electromagnetic closure of 500 post offices, in view of the review fields, including those emitted by mobile tele- of offices underway; and if he will make a state- phones and the associated base stations. Govern- ment on the matter. [8023/07] ment policy in this area is guided by the advice from international expert bodies, such as the Minister for Communications, Marine and World Health Organisation and the International Natural Resources (Mr. N. Dempsey): I am not Commission for Non-Ionising Radiation Protec- aware of any decision by An Post to close 500 tion (ICNIRP). These bodies continually examine post offices. I understand that An Post and the 1421 Questions— 28 February 2007. Written Answers 1422

Irish Postmaster’s Union are engaged in nego- operation at the time PMOI took its action, as tiations in accordance with the framework set out the latter had sought. Neither did it annul the in the Ryan report which addresses issues subsequent Decision that maintained PMOI on between An Post and postmasters such as the list. The claim by PMOI for damages was also remuneration and severance packages and that dismissed as inadmissible. these negotiations are at an advanced stage. In compliance with the judgment of the Court, the Council informed PMOI on 30 January 2007 International Terrorism. that it intended to maintain PMOI on the asset freeze list, and it provided PMOI with a state- 201. Mr. Gormley asked the Minister for ment of reasons for its inclusion in this list. The Foreign Affairs if the Government recognises the Council also invited PMOI to present its obser- ruling of the court of first instance of December vations on this statement of reasons within one 2006 in relation to the PMOI; if the Government month, together with any supporting docu- supports the ruling; and if he will make a state- mentation. The Council will carefully examine ment on the matter. [7960/07] any observations submitted by PMOI within this period, before making a decision on whether to Minister for Foreign Affairs (Mr. D. Ahern): include it on the asset freeze list. The Council of the European Union is currently examining its procedures for listing persons and Sports Capital Programme. entities, suspected of being involved in terrorism, for asset freezing purposes in order to take 202. Mr. Neville asked the Minister for Arts, account of the judgment of the Court of First Sport and Tourism the position regarding an Instance delivered on 12 December 2006. Ireland application by a club (details supplied) for fund- is active in these discussions and is working with ing under the 2007 sports capital programme. EU partners to improve the EU’s listing pro- [7857/07] cedures to ensure that they are in line with the judgment of the Court by ensuring that such indi- Minister for Arts, Sport and Tourism (Mr. viduals and entities are provided with reasons for O’Donoghue): Applications for funding under their listing and an opportunity to make their case the 2007 programme were invited through adver- for non-inclusion on the list. tisements in the Press on October 15th and 16th On 28 September 2001, the United Nations last. The closing date for receipt of applications Security Council adopted Resolution 1373 (2001) was November 24th 2006. All applications on combating terrorism. The resolution obliges received before the deadline, including one from States to freeze funds and other financial assets or the organisation in question, are currently being economic resources of persons and entities who evaluated against the programme’s assessment commit, or attempt to commit, terrorist acts. It criteria, which are outlined in the guidelines, was implemented in the EU through Common terms and conditions of the programme. I intend Positions 2001/930/CFSP and 2001/931/CFSP, to announce the grant allocations for the prog- which list such individuals and entities, and ramme as soon as possible after the assessment Council Regulation (EC) 2580/2001 which orders process has been completed. the freezing of the funds and assets of those on the list. The list is regularly updated by Council Sports Capital Programme. decisions and PMOI (People’s Mujahidin of Iran) 203. Mr. Lowry asked the Minister for Arts, was included in May 2002. Sport and Tourism the number of applications PMOI brought an action before the Court of received under the 2007 sports capital prog- First Instance seeking annulment of those Com- ramme; the number in each county; when assess- mon Positions and Decisions relevant to its list- ments will be complete; when he will make a ing. The Court issued its judgment on 12 decision on the 2007 allocations; and if he will December 2006 and annulled the relevant make a statement on the matter. [8047/07] Council Decision, insofar as it included PMOI on the list, on the grounds that the Council had not Minister for Arts, Sport and Tourism (Mr. given PMOI an opportunity to make its views O’Donoghue): The sports capital programme, known, had not provided PMOI with a sufficient which is administered by my Department, is the statement of reasons for its inclusion in the list, primary means of providing funding to sporting and was therefore in breach of certain fundamen- clubs and organisation and to voluntary and com- tal rights guaranteed by the Community’s legal munity organisations towards the provision of order including the right to a fair hearing. The sporting facilities at local, regional and national Court did not examine whether PMOI was level throughout the country. The programme is involved in terrorist acts or whether its inclusion advertised on an annual basis. on the EU’s asset freeze list was therefore justi- The 2007 sports capital programme was adver- fied. In addition, the Court did not annul the rel- tised in the Press on October 15th and 16th last. evant Common Position on listing which was in The closing date for receipt of applications was 1423 Questions— 28 February 2007. Written Answers 1424

[Mr. O’Donoghue.] dumping of PSF by the countries concerned has November 24th 2006. All of the 1,533 applications taken place and that the imposition of provisional received before the deadline are currently being anti-dumping measures are justified. Accordingly evaluated against the programme’s assessment the Commission has imposed provisional anti- criteria, which are outlined in the guidelines, dumping measures under Commission Regu- terms and conditions of the programme. The lation No. 2005/2006 of 22 December 2006 for a breakdown by county is contained in the attached period of 6 months. The Commission investi- schedule. I intend to announce the grant allo- gation is continuing and is expected to reach cations for the programme as soon as possible definitive conclusions in the next few months. after the assessment process has been completed. In general, Ireland’s policy is to support the adoption of protective measures where dumping Applications under 2007 Sports Capital Programme has caused injury to Community industry, and where it is considered to be in the overall Com- County Number of applications munity interest having regard to the views of pro- ducers and users. In this case I am aware that Carlow 22 there are domestic producer and user interests in Cavan 33 the measures and it is open to interested parties Clare 60 to make submissions to the Commission before it reaches a definitive conclusion. Cork 181 Before the Community position is finalised the Donegal 52 Member States will be given an opportunity to Dublin 229 make their views known in this case. In consider- Galway 96 ing the best approach to be adopted by Ireland I Kerry 81 will take fully into account any submissions Kildare 38 received from the producer and user industry here. Kilkenny 40 Laois 35 EU Directives. Leitrim 23 Limerick 82 205. Mr. P. Breen asked the Minister for Enterprise, Trade and Employment if he will Longford 24 accept that the implementation of the Seveso Louth 47 directive here through the designation of large Mayo 61 safety zones over massive tracts of land, most of Meath 38 which are not owned by the operators of the Monaghan 35 plants in question, results in the diminution of third party property rights together with the de Offaly 41 facto handing over of such rights to the owners of Roscommon 29 the said plants, and that such action is totally at Sligo 29 odds with the polluter pays principle; and if he Tipperary 81 will make a statement on the matter. [7842/07] Waterford 42 Minister of State at the Department of Westmeath 37 Enterprise, Trade and Employment (Mr. Wexford 66 Killeen): Council Directive 96/82/EC — the Wicklow 31 Seveso II directive as amended by Directive 2003/105/EC — was transposed into Irish law Total 1,533 through the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 (S.I. No. 74 of International Trade. 2006). The Seveso Directives require that preventing major accidents and limiting the con- 204. Ms Cooper-Flynn asked the Minister for sequences of such accidents be taken into account Enterprise, Trade and Employment the policy of by the Member States in their land use policies Ireland on the EU regulation on anti-dumping and or other relevant policies. duty on polyester fibre from Malaysia and The Directives require that, in the interests of Taiwan. [7824/07] safety, these policies must take account of the need, in the long term, to maintain appropriate Minister of State at the Department of distances between establishments covered by the Enterprise, Trade and Employment (Mr. M. directive and residential areas, areas of public use Ahern): On 12 April 2006 the EU Commission and areas of particular natural sensitivity or initiated an investigation into a complaint of interest. The Directives further require that the dumping of imports of polyester staple fibres procedures set up to implement these policies (PSF) from Malaysia and Taiwan. The Com- must be designed to ensure technical advice on mission’s initial investigation has concluded that 1425 Questions— 28 February 2007. Written Answers 1426 the risks arising from the establishment is avail- employees on the expiry of the six week period able, on a case by case or on a generic basis, when are not available to the Department. The Pros- decisions on land use planning are taken. ecution and Enforcement Unit of the Depart- Under these Regulations, the Health and ment of Enterprise, Trade and Employment deals Safety Authority has a role in providing technical with the enforcement of determinations coming advice to the planning authorities in the context from the Labour Court and Employment of land use planning. The decisions on land use Appeals Tribunal where the employer has failed planning, however, are a matter for the planning to carry out the terms of the determination. authorities, including in relation to the siting and If the person referred to by the Deputy con- any subsequent granting of permission for tacts the Enforcement Unit at Telephone No 01- additional development of plants which fall under 6313314 or 6313017, they will be advised of the the terms of the European Communities (Control steps necessary for the institution of legal pro- of Major Accident Hazards Involving Dangerous ceedings to enforce the award. Substances) Regulations 2006 (S.I. No. 74 of 2006). Issues concerning the Planning and 207. Mr. Kehoe asked the Minister for Development Act 2000, which governs land use Enterprise, Trade and Employment if workers planning, are a matter for my colleague, the Mini- are entitled to a higher rate of pay for working ster for the Environment, Heritage and Local on Sundays irrespective of whether they are full- Government. time or part-time; and if he will make a statement on the matter. [7920/07] Employment Rights. Minister of State at the Department of 206. Mr. Bruton asked the Minister for Enterprise, Trade and Employment (Mr. Enterprise, Trade and Employment the powers Killeen): Under the Organisation of Working which are available to the Employment Appeals Time Act 1997 an employee, irrespective of Tribunal to ensure that awards made are hon- whether he or she is full-time or part-time, is oured by employers who have been found to be entitled to a premium for Sunday work if having in breach of employment law; and if he will seek to work on Sunday has not otherwise been taken a report on the extent to which such awards are account of in the determination of his or her pay. not honoured, as occurred in the case of a person This Sunday premium consists of: (details supplied) in Dublin 9. [7852/07] (a) a payment to the employee of an allow- Minister of State at the Department of ance of such amount as is reasonable having Enterprise, Trade and Employment (Mr. regard to all the circumstances, or Killeen): Generally, employment legislation pro- (b) an increase in the employee’s rate of pay vides that, where the relevant body makes an by such an amount as is reasonable having award by way of a decision or determination in regard to all the circumstances, or favour of the employee, the employer is allowed six weeks to implement the award. During the six (c) the grant to the employee of such paid week period either party concerned may appeal time off from work as is reasonable having on a point of law to the Circuit or High Court, as regard to all the circumstances, or appropriate. If, on the expiry of that period, the (d) a combination of two or more of the employer has failed to implement the award the means referred to at (a) to (c) above. District or Circuit Court, as appropriate, may, on If an employer refuses to grant an employee a application by the employee concerned, the premium for working on Sunday it is open to that employee’s trade union with the consent of the employee to refer the matter to a Rights Com- employee or the Minister, if the Minister con- missioner for adjudication. If the value of a Sun- siders it appropriate to make the application hav- day premium is not specified in a collective agree- ing regarding to all the circumstances, make an ment applying to the employee who has taken the order directing the employer to carry out the case to the Rights Commissioner, the Rights determination in accordance with its terms. Commissioner can have regard, in determining Some 119 cases involving the failure of an the case, to the value of any premium for Sunday employer to implement an award of the Labour work provided for in a collective agreement Court or the Employment Appeals Tribunal which applies to an employee who is employed were, in 2006, referred to the Minister of to do, under similar circumstances, identical or Enterprise, Trade and Employment by an similar work in the same industry or sector as the employee or trade union with a view to an appli- employee who has made the claim to the Rights cation being made for an order directing the Commissioner. employer to carry out the determination. In cases where the Chief State Solicitors Office so advises, legal proceedings may be instituted. Company Takeovers. Details of any applications made directly to the 208. Mr. Lowry asked the Minister for District or Circuit Court by employees or trade Enterprise, Trade and Employment if his atten- unions and of awards not followed up by tion has been drawn to the Competition Auth- 1427 Questions— 28 February 2007. Written Answers 1428

[Mr. Lowry.] ing to the skills needs of the economy, including ority ruling in respect of a company (details those at graduate and post-graduate level. This supplied) in County Tipperary; his views on the Group, which also has representatives from the ruling in view of the fact that the UK Office of two Departments and from their respective agen- Fair Trade did not have similar concerns; the cies, is one of the principal forums dedicated to resources and facilities he will make available to addressing skills issues at the nexus of the edu- the company’s management to ensure the future cation and training strands of policy. viability of the Thurles operation; and if he will The Expert Group on Future Skills Needs make a statement on the matter. [8043/07] recently finalised research to underpin a National Skills Strategy to address skill needs to the year Minister for Enterprise, Trade and Employ- 2020. This report, which will be launched shortly, ment (Mr. Martin): I am aware of this matter which relates to a merger transaction in respect contains recommendations about the need to of which a determination was made by the Com- upskill workers at all levels in the National petition Authority on the 9th of February 2007 Framework of Qualifications including at post in exercise of the powers conferred on it by the graduate level. Competition Act 2002. As required by the Act, the Authority’s determination must be published Community Employment Schemes. within 2 months of the date of that determination. 210. Mr. Lowry asked the Minister for The Competition Authority is the statutory Enterprise, Trade and Employment if he will independent body responsible for merger regu- review the capping on the community employ- lation and I, as Minister for Enterprise, Trade and Employment, have no role or function in relation ment scheme; the changes in policy he has intro- to mergers under the Act, other than media mer- duced in 2007 in respect of CE schemes; and if he gers. I am not entitled to access any information will make a statement on the matter. [8045/07] on which a decision of the Authority is based and therefore it would be inappropriate for me to Minister for Enterprise, Trade and Employ- comment on the Authority’s determination in this ment (Mr. Martin): The primary purpose of CE case or any other case. is to provide short-term work experience and I would point out that in reaching its decision, training opportunities for long-term unemployed the Authority has regard to the impact on compe- persons and other disadvantaged groups with a tition in markets for goods and services in this view to facilitating their progression to work in State. When making a ruling on a proposed the open labour market. merger the UK Office of Fair Trading has regard As part of the restructuring of CE approved in to its own criteria. I am advised that Enterprise 1999, future participation in CE by an individual Ireland, the body responsible for the promotion was capped at 3 years, effective from April, 2000. and development of indigenous industry, has This change was introduced to discourage been in contact with the company and has offered repeated participation in CE and to encourage to assist in every way possible. unemployed persons to avail of training/education options where possible, which Adult Education. are shown to have more successful progression 209. Mr. Lowry asked the Minister for outcomes for individuals. The three-year cap was Enterprise, Trade and Employment if he has had amended in August 2001 to allow particularly dis- discussions with the Department of Education advantaged persons to remain on the programme and Science regarding measures to assist workers for a further period. In general, approximately undertaking postgraduate courses for the pur- 20% of participants including persons less than 55 poses of upskilling, retraining or career advance- years of age may benefit from an additional year ment; and if he will make a statement on the on the programme under the flexibility guidelines matter. [8044/07] introduced in August 2001. In November 2004, it was decided that the 3- Minister of State at the Department of year cap would be extended for CE participants Enterprise, Trade and Employment (Mr. aged over 55. This category of participants is now Killeen): While the provision of postgraduate eligible to participate on CE for a maximum of courses is in the first instance a matter for the 6 years. Minister for Education and Science, there is reg- In July 2006 my Department published its Sec- ular and ongoing contact between the two torial Plan under the Disability Act, 2005. One Departments, both in the identification of of the key highlights of this Plan is to increase national skills needs and in the production of co- participation rates of people with disabilities on ordinated policy responses to meet those needs. CE over the period of the Plan and to raise the The Expert Group on Future Skills Needs is charged with advising both the Minister for CE participation limits for people with dis- Enterprise, Trade and Employment and the Mini- abilities, in order to provide additional training to ster for Education and Science on matters relat- assist progression to employment: 1429 Questions— 28 February 2007. Written Answers 1430

• For people with disabilities under 55 years these applications processed; and if he will make of age, the participation limit has been a statement on the matter. [7943/07] raised by one year from 3 to 4 years; Minister for Social and Family Affairs (Mr. • For people with disabilities over 55 years Brennan): I have recently announced the imple- of age, the participation limit has also been mentation of the all Ireland free travel scheme raised by one year from 6 to 7 years; commencing on 2 April which will enable pen- While I have not introduced any policy changes sioners resident here and in Northern Ireland to relating to Community Employment in 2007, I am travel free of charge on all eligible transport informed by FA´ S that the participation limits will services on the island. continue to be operated flexibly at local level. Implementation of a single travel pass for all- Ireland free travel, acceptable in both juris- Departmental Staff. dictions, will require the completion of the Inte- grated Ticketing project being developed under 211. Mr. Lowry asked the Minister for the auspices of the Department of Transport and Enterprise, Trade and Employment the number subsequent integration with the ticketing systems of staff assigned to the processing of work permits in operation in Northern Ireland. My Department in his Department each year since 2002; the has on-going engagement with these bodies and number of work permits applied for since 2002; projects. the number of applications awaiting processing; Pending development of the integrated ticket the average duration taken from application to system, my Department has engaged with the issuance or refusal of a permit; his views on Department of Regional Development and assigning additional staff to the processing of Translink, the main transport authority in applications; and if he will make a statement on Northern Ireland, to put in place an interim the matter. [8046/07] scheme to permit senior residents of both juris- dictions to avail of free travel within the other Minister for Enterprise, Trade and Employ- jurisdiction. ment (Mr. Martin): The table below shows the As part of this scheme residents of this juris- number of staff in the work permits section from diction wishing to travel in the North will be 2002 to 2006. Also set out below is the total required to use a travel card similar to smart pass number of permit applications received in those as used by their Northern Ireland counterparts. years. Customers will need to apply for the travel pass in person and to supply photographs for authenti- No. of Staff Work permits cation at their Social Welfare Local Office which applied for (both is considered the most appropriate location for new and renewal) this service. This will be a once off transaction for customers availing of this scheme, but the level of 2006 31.1 26,495 applications will be kept under review to deter- 2005 30.1 27,721 mine if there is a need at some future point to 2004 35.0 36,355 alter the policy. 2003 35.0 50,877 Departmental Agencies. 2002 35.0 42,999 213. Mr. Stanton asked the Minister for Social and Family Affairs the number of staff in the The number of applications awaiting processing office for social inclusion, OSI; the cost of run- are 2,952 and the average time taken to process ning the office in 2006; the projected cost for applications in the 12 months to end of February 2007; the role of the OSI; and the interaction was 20 working days. The Department is commit- between his Department and the OSI; and if he ted to meeting its quality customer service target will make a statement on the matter. [7999/07] for processing applications and if staff resources are an issue in this regard it will be addressed. Minister for Social and Family Affairs (Mr. Brennan): The office for Social Inclusion (OSI) Social Welfare Benefits. was set up in 2002 under the National Anti-Pov- 212. Ms Lynch asked the Minister for Social erty Strategy (NAPS) as part of the institutional and Family Affairs the reason the new Senior structure of the NAPS and to be responsible for SmartPass cannot be processed at the local social the implementation of the strategy and monitor- welfare branch offices in County Cork at Bandon, ing of progress and for research and data Castletownbere, Clonakilty, Dunmanway, Fer- development. The Office is within my Depart- ment and has been involved in the development moy, Kinsale, Macroom, Midleton, Newmarket, and co-ordination of the recent National Action Passage West, Skibbereen, and Youghal; his Plan for Social Inclusion 2007-2016 views on the inconvenience for elderly applicants (NAPinclusion) and in the preparation of the who have to go to the social welfare local offices social inclusion elements of Towards 2016 and the at Cork City, Bantry, Cobh or Mallow to have 1431 Questions— 28 February 2007. Written Answers 1432

[Mr. Brennan.] direction on a one-way street, to cycle in a contra- National Development Plan 2007-2013 (NDP). flow bus lane or to cycle in a tram-only street. The total cost of running the Office for Social These offences apply nationwide in respect of Inclusion amounted to \633,192 in 2006 and the all footpaths on public roads, and to the other estimated costs for 2007 are \883,000. situations referred to, without the requirement to The strategic framework embodied in the new erect a separate prohibitory traffic sign at every NAPinclusion will facilitate greater co-ordination such location to indicate that a prohibition on and integration of structures and procedures cycling applies. across Government at national and local levels to The policy of providing a traffic sign to indicate achieve more effective implementation. Arrange- the application of the road traffic law is not used ments are also in place for a more comprehensive where a prohibitory measure applies as a blanket monitoring process that encompasses Towards provision across the entire public road network. 2016 and the NDP. A key element of this process will be the preparation by the OSI of an annual Greenhouse Gas Emissions. Social Inclusion Report, which will review pro- gress against targets on an annual basis, identify 215. Ms O. Mitchell asked the Minister for any new issues arising which might benefit from Transport the number of vehicles which will a more co-ordinated approach and report on benefit from supports funded by his Department stakeholders’ views emerging from various fora. to convert to bio-fuels; when this scheme will The OSI will also be involved in the prep- commence; the cost of same; and if he will make aration of regular national reports to the EU to a statement on the matter. [7816/07] ensure exchange between Member States of knowledge, experience, expertise and good prac- 219. Mr. Lowry asked the Minister for Trans- tice on social protection and social inclusion. OSI port the discussions he has had with the Bus ´ will also participate in mechanisms to foster Eireann regarding requirement to use 5% biofuel North-South co-operation on social inclusion mix; the duration of these discussions; and if he issues. will make a statement on the matter. [8025/07] In addition to its co-ordination, monitoring and evaluation roles, the OSI is responsible for the Minister for Transport (Mr. Cullen): I propose development of support functions to underpin the to take Questions Nos. 215 and 219 together. social inclusion process. These include the The Department of Transport has recently development of a data strategy to ensure that funded a scheme to convert 50 selected vehicles progress against targets can be effectively moni- to run on pure plant oil, PPO, which is being tored; research on the nature and causes of pov- carried out under the aegis of the German-Irish Chamber of Industry and Commerce. The cost to erty and social exclusion in today’s society and on \ the effectiveness of the policies and programmes the Department is 227,000 and provides for 75% designed to meet these challenges; and the of the cost of engine modification. development and implementation across central Decisions about successful applications are and local government of Poverty Impact Assess- being made in April with the view to obtaining a ment guidelines. diverse mix of transport operators and the project The role of the OSI is kept under review in the will conclude in November. It is expected that context of the development of strategy on pov- this scheme will be complementary to the Min- erty and social inclusion in order to ensure that erals Oil Tax Relief, MOTR, Scheme II and will the arrangements for putting forward the social help develop a sustainable indigenous network of inclusion agenda generally continue to be effec- localized PPO supply chains in Ireland. tive and efficient. Bus Eireann have been using bio-diesel made Further information about the Office and its from recovered vegetable oil, RVO, in its Cork work can be viewed on its website — www.social- City tours fleet since April 2006 while Dublin Bus inclusion.ie. have used 5% bio-diesel blend on a trial basis in 5 open-top tour buses since May 2006. These trials have proceeded without technical Road Signage. difficulties and I have instructed public transport 214. Mr. Kenny asked the Minister for Trans- providers, under the auspices of CIE, to operate port his views on whether the situation whereby their entire existing fleet on a 5% bio-diesel blend road traffic signage regulations do not make pro- in as short a time-frame as is possible. vision for signage which restricts cycling in certain In addition, Dublin Bus have secured a com- public places is satisfactory; if he will reform this mitment from the relevant engine manufacturer, situation; and if he will make a statement on the Volvo, that would allow new buses to be modified matter. [7851/07] to operate on a 30% biofuel mix without affecting the warranty. Therefore, I have requested the Minister for Transport (Mr. Cullen): Under the Chairman of CIE to set out the steps required to Road Traffic (Traffic and Parking) Regulations move toward these targets and I expect an action 1997- 2006 it is an offence to cycle on a footpath, plan from the company, which will include esti- to cycle in a bus-only street, to cycle in the wrong mated costs for this initiative. It is my intention 1433 Questions— 28 February 2007. Written Answers 1434 that all new vehicles procured, as part of fleet The same Transport Heavy font is used for replacement by CIE from 2008, will be capable of Irish and English text on traffic signs. It is operating on a 30% bio-diesel blend. important that road users be aware that two dis- tinct languages are displayed on traffic signs and Airport Development Projects. be able to distinguish between the two texts and read the message from the text that is relevant to 216. Mr. P. Breen asked the Minister for Trans- them. Irish text is displayed above any other text port further to Parliamentary Question No. 314 on a sign, is inclined to the right at an angle of 15 of 13 December 2005 and bearing in mind that degrees to the vertical with the first letter of each there are no two dimensional public safety zones word having a capital letter and the remaining let- whatsoever at Changi Airport, Singapore that ters in lower case. On a bilingual sign the trans- handled over 32 million passengers in 2005, if his lation of that text into English is displayed in Department approved of the designation of a uppercase Roman numerals underneath the 3,000 metre long red zone at Waterford Airport Irish text. that by comparison handled a 74,357 passengers I am satisfied with the present provisions in in the same year; his views on whether this latter relation to the display of text on traffic signs and red zone is totally unnecessary if not bizarre from I have no proposals to amend the relevant statu- a safety perspective and is a classic example of tory provisions. regulatory capture; and if he will make a state- ment on the matter. [7843/07] Railway Rolling Stock. Minister for Transport (Mr. Cullen): As I 218. Ms Lynch asked the Minister for Trans- stated in a response to a previous Question my port the overall cost of the new intercity rail fleet; Department did not issue recommendations relat- if his attention has been drawn to the breakdown ing to a red zone at Waterford Airport. problems with the new intercity trains; the The question of red zones at regional airports number of the new trains that have entered is a matter for the owners and operators of the service; if any of these trains here been with- drawn from service and are now used for spare airports in conjunction with the relevant local parts; and if he will make a statement on the planning authorities. matter. [8017/07]

Road Signage. Minister for Transport (Mr. Cullen): I presume 217. Mr. Crowe asked the Minister for Trans- the Deputy is referring to the 67 new Intercity port if he has satisfied himself with the bilingual carriages that have entered service on the Dublin- road signage here despite the fact that the Irish Cork route. All 67 carriages are now in service. translation on road signage is obviously smaller I am informed by Iarnro´ dE´ ireann that the new and in a lighter font; and if he has had or will have carriages are operating reliably, providing the discussions with the National Roads Authority in new hourly service each way on the Dublin- relation to same as they receive a grant from Cork route. public moneys for such signage. [7853/07] I understand from Iarnro´ dE´ ireann that the overall cost of the 67 Intercity carriages is \117m. Minister for Transport (Mr. Cullen): The man- ner is which text is displayed on traffic signs by Question No. 219 answered with Question road authorities, and the format used in the case No. 215. of Irish text, English text or text in any other lan- guage is determined by the Minister for Trans- Support for Older People. port under section 95 of the Road Traffic Act 220. Mr. Callely asked the Minister for Com- 1961. munity, Rural and Gaeltacht Affairs the way that The Traffic Signs Manual sets out the prin- groups that may qualify for a grant under the ciples laid down for road authorities in relation community supports for older people are iden- to the manner in which Irish and English text tified and encouraged to apply for such grants; must be displayed on traffic signs. The Manual and if he will make a statement on the matter. sets out the standard form of all non-regulatory [7798/07] traffic signs. In the case of regulatory traffic signs, the text to be displayed is prescribed in the Road Minister of State at the Department of Com- Traffic (Signs) Regulations 1997-2006 and in the munity, Rural and Gaeltacht Affairs (Mr. N. associated Road Traffic (Traffic and Parking) Ahern): Any local voluntary or community based Regulations 1997-2006. organisations, especially those working with or Road authorities and the National Roads providing support for older people, can apply for Authority can only provide traffic signs on the funding under the Scheme of Community Sup- public roads that comply with the road traffic port for Older People. regulatory provisions and the directions given in Full information on the Scheme is publicly the Manual. available on my Department’s website at 1435 Questions— 28 February 2007. Written Answers 1436

[Mr. N. Ahern.] ment has allocated \3m to this Programme for www.pobail.ie, including lists of organisations 2007. already funded under the Scheme. In addition, for the last several years the Support for Older People. Scheme has been advertised annually in the local and national newspapers. Ahead of the launch of 223. Mr. Callely asked the Minister for Com- the 2006 Scheme, my Department had conducted munity, Rural and Gaeltacht Affairs the level of consultations with voluntary and community funding available under the community support grants for smoke alarms; the procedure to avail based organisations, as a result of which I made of such grants; and if he will make a statement on several important changes to the Scheme pro- the matter. [7801/07] visions. For the formal Scheme launch in May last, I hosted a reception involving representa- Minister of State at the Department of Com- tives of a wide range of voluntary organisations munity, Rural and Gaeltacht Affairs (Mr. N. to mark ten years of the Scheme and to publicise Ahern): The purpose of the Scheme of Com- the Scheme generally and the new Scheme munity Support for Older People is to encourage provisions. and assist the community’s support for older I should also point out that on an ongoing people by means of a community based grant basis, my officials are in contact with locally scheme to improve the security of its older based volunteers in support of this Scheme. members. This Scheme is open to people aged 65 and Community Support Grants. over who have a genuine need for assistance and 221. Mr. Callely asked the Minister for Com- it is administered by community and voluntary munity, Rural and Gaeltacht Affairs the level of organisations throughout the country with sup- funding available under the community supports port provided by my Department. Any local vol- grants; the breakdown of the allocation of such untary or community based organisation, funds; and if he will make a statement on the especially those working with or providing sup- matter. [7799/07] port for older people, can apply to my Depart- ment for funding under the Scheme. Individual applications must be made through such organ- 222. Mr. Callely asked the Minister for Com- isations. munity, Rural and Gaeltacht Affairs the number The Scheme provides maximum individual of applications for the recent round of community grants of \50 in respect of the smoke alarms. support grants; the percentage of successful appli- Funding is also available under the Scheme for a cations; and if he will make a statement on the range of other security measures for older people. matter. [7800/07] Full information in respect of this Scheme is available on my Department’s website Minister of State at the Department of Com- www.pobail.ie. munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): I propose to take Questions Nos. 221 and Grant Payments. 222 together. The Programme of Grants for Locally-Based 224. Mr. Ring asked the Minister for Com- Community and Voluntary Organisations was munity, Rural and Gaeltacht Affairs if he will launched in August 2006 and to date approxi- approve a Gaeltacht road grant for persons mately 1,300 applications have been received. (details supplied) in County Mayo. [7803/07] While a closing date of 25th September applied to the Scheme of Equipment and the Scheme of Minister for Community, Rural and Gaeltacht Training, Education and Research, no closing Affairs (E´ amon O´ Cuı´v): This application will be date applies to the Scheme of Refurbishment and considered, together with other applications applications continue to be received by my under the scheme, when the next list of roads is Department. being prepared for approval under my Depart- I announced the first tranche of funding of ment’s Gaeltacht Access Road Scheme. almost \400,000 under this Programme last December, covering 29 projects. Assessments are Rural Transport. now nearing completion on the remainder of the 225. Dr. Twomey asked the Minister for Com- approximately 1,300 applications received and I munity, Rural and Gaeltacht Affairs the rural expect to be in a position to make further funding transport scheme for the Wexford area; his plans announcements in the near future. When the to extend this scheme; if this scheme will be assessments have been completed comprehensive extended throughout parts of north County statistics will be available. Wexford, in particular the Riverchapel area Maximum funding under this Programme is which has seen a sizeable increase in population \40,000 for the Scheme of Refurbishment, with over the past 10 years but which is not serviced \10,000 each for the Schemes of Equipment and be essential services; and if he will make a state- Training, Education and Research. My Depart- ment on the matter. [7834/07] 1437 Questions— 28 February 2007. Written Answers 1438

Minister for Community, Rural and Gaeltacht The majority of current expenditure allocated Affairs (E´ amon O´ Cuı´v): The operation of the to community groups through my Department for Rural Transport Programme (formerly known as drugs initiatives is channeled through the Local the Rural Transport Initiative) is a matter for my Drugs Task Forces (including the Emerging colleague Minister of State Pat the Cope Needs Fund), the Regional Drugs Task Forces Gallagher TD, Department of Transport. and the Young People’s Facilities and Services Fund. Community Development. The combined current expenditure on these in 226. Mr. O’Dowd asked the Minister for Com- 2006 was \31.80m and I happy to advise the munity, Rural and Gaeltacht Affairs if he will Deputy that the expected expenditure of \39.15m assist in the provision of funding for an associ- in 2007 represents an increase of 23%. ation (details supplied) in County Louth; and if Of the 14 Local Drugs Task Forces, 12 are he will make a statement on the matter. based in Dublin and one in Bray. [7883/07] Expenditure in 2006 in these 13 areas under the Local Drugs Task Force process, the Emerging Minister for Community, Rural and Gaeltacht Needs Fund and the Young People’s Facilities & ´ ´ Affairs (Eamon O Cuı´v): My Department pro- Services Fund came to \24.61m. The comparable vides funding for projects through a number of provision for 2007 is \27.84m. schemes and programmes including — Com- Of the 10 Regional Drugs Task Forces munity & Voluntary Grants, the LEADER and CLA´ R Programmes and Gaeltacht Schemes. (RDTFs), four cover the greater Dublin area and Funding may also be available for projects, such the adjoining counties — East Coast RDTF (Du´ n as the one that the Deputy refers to, through the Laoghaire- Rathdown and Wicklow), Northern Dormant Accounts Fund. Area RDTF (North Dublin City and Fingal), Each of the schemes and grant programmes South West RDTF (South Dublin, Kildare and operated by my Department are governed by West Wicklow) and the North Eastern RDTF rules and eligibility criteria, which projects have (Meath, East Cavan, Louth and Monaghan). to meet in order to qualify for funding. Specific allocations are not made on a county In respect of the project referred to by the basis, rather each RDTF produced a strategic Deputy, detailed information on the grant plan for the region involved. In 2006 a total of schemes and programmes operated by my \1.71m was spent in these four RDTFs on imple- Department, including eligibility criteria, can be menting actions identified in those plans. It is accessed on my Department’s website at expected that this figure will be doubled in 2007. www.pobail.ie. Local and Regional Drug Task Force projects normally originate at Task Force level and are Departmental Expenditure. submitted to the National Drugs Strategy Team 227. Mr. Durkan asked the Minister for Com- (NDST). Following consideration by the NDST, munity, Rural and Gaeltacht Affairs the expendi- recommendations for funding of some projects ture through or by his Department to community are made to my Department. Under the Young groups involved in drug treatment programmes in Peoples Facilities and Services Fund (YPFSF), 2006; the expected expenditure in 2007; the quali- projects normally originate from Development fying criteria; and if he will make a statement on Groups in the various Task Force areas and are the matter. [7949/07] submitted to the National Assessment Committee of the YPFSF chaired by my Department. In the 228. Mr. Durkan asked the Minister for Com- event of projects not being selected for sub- munity, Rural and Gaeltacht Affairs the extent to mission, communities are at liberty to pursue the which he will meet the requirements of com- matter with the relevant Drugs Task Force or munity groups involved in tackling drug addiction Development Group. and which were unsuccessful in their application for grant aid in 2006; and if he will make a state- ment on the matter. [7950/07] Community Development. 230. Mr. Durkan asked the Minister for Com- 229. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs his proposals munity, Rural and Gaeltacht Affairs his plans to for expenditure under the CLA´ R scheme in 2007; offer financial support to community based and if he will make a statement on the matter. groups involved in combating the drug problem [7952/07] with particular reference to Dublin and adjoining counties; and if he will make a statement on the 233. Mr. Durkan asked the Minister for Com- matter. [7951/07] munity, Rural and Gaeltacht Affairs if, arising Minister of State at the Department of Com- from previous years experience, he will expand or ´ munity, Rural and Gaeltacht Affairs (Mr. N. extend the remit of the CLAR programme; and Ahern): I propose to take Questions Nos. 227 to if he will make a statement on the matter. 229, inclusive, together. [7955/07] 1439 Questions— 28 February 2007. Written Answers 1440

Minister for Community, Rural and Gaeltacht support of Pobal, has overall responsibility for Affairs (E´ amon O´ Cuı´v): I propose to take Ques- the co-ordination of the RAPID programme. tions Nos. 230 and 233 together. As I have indicated to the House on a number As the Deputy is aware, the CLA´ R Prog- of occasions, it is a matter for individual Depart- ramme is a targeted investment programme for ments to report on the provision of funding and rural areas, which was launched in October 2001. progress on delivery with respect to projects The areas covered by the Programme were under their responsibility in the RAPID areas. reviewed in 2002 and, more recently, in 2006 and The provision in my Department’s Vote funds as a result, CLA´ R now covers parts of 22 counties two elements of the Programme. The first relates and all of Co. Leitrim and benefits a population to the costs of the administration of the Prog- of nearly 727,000. I have no plans at present for ramme; the second element relates to the RAPID a further review of the Programme. Leverage Fund schemes. With regard to expenditure, a budget of I initiated the Leverage schemes in 2004 in \18.683m has been allocated to the Programme order to support small-scale projects identified for 2007. The proposed breakdown of that expen- locally by the Area Implementation Teams in diture is detailed below: each of the RAPID areas. These schemes are co- funded by the relevant agencies and fund projects 2007 Estimates Provision that focus on estate enhancement, graffiti clean- up, traffic calming, CCTV, health and sports (\000s) facilities, and the provision of playgrounds. Since the introduction of these schemes I have Road and Water Schemes 13,456,000 increased the amount of funds allocated from Sport, Community & Enhancement some \6.5m in 2004 to some \11.0m in 2006. I am Schemes 2,367,000 satisfied that the capital allocation of \7.8 million Health and Education 1,130,000 in 2007 is sufficient to meet the funding commit- ments I have approved for these schemes includ- Energy & Telecommunications 622,000 ing the balance of funds allocated in 2006. Actual Other 1,108,000 spend in each year since 2004 on leverage of small scale projects was 2004 \1.98m, 2005 \4.51m and Total 18,683,000 2006 \4.54m. In terms of expansion of the scheme, the Under the Programme in 2007, a number of new Deputy will be aware of the joint initiative initiatives will be introduced in the areas of health announced in January 2007 with my colleague the and coastal development and a number of other Minister for Education and Science that will new measures are also under consideration by my enable \18m worth of investment in schools in officials at present. RAPID areas. I feel that the approach being implemented under the Programme whereby small community Question No. 233 answered with Question and rural infrastructural projects are being sup- No. 230. ported — many of which might otherwise not be funded — is having a very positive impact on the Rural Resettlement Scheme. lives of people living in the CLA´ R areas. 234. Mr. Durkan asked the Minister for Com- 231. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he has munity, Rural and Gaeltacht Affairs the extent of satisfied himself that rural housing requirements his proposals for expenditure under the RAPID are being met to the extent required as per his scheme in 2007; the way it will compare with pre- previous comments on the issue; and if he will vious years; and if he will make a statement on make a statement on the matter. [7956/07] the matter. [7953/07] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): The National Spatial 232. Mr. Durkan asked the Minister for Com- Strategy (NSS) addresses many of my concerns munity, Rural and Gaeltacht Affairs if he will on issues such as rural housing. The rural settle- develop and expand the RAPID programme to ment policy framework contained in the NSS, deal with a wider range of issues; and if he will which represents overall Government policy on make a statement on the matter. [7954/07] rural housing, aims to sustain and renew estab- lished rural communities while strengthening the Minister for Community, Rural and Gaeltacht ´ ´ structure of villages and smaller settlements to Affairs (Eamon O Cuı´v): I propose to take Ques- support local economies. In this way it seeks to tions Nos. 231 and 232 together. ensure key assets in rural areas are protected to The RAPID Programme aims to ensure that support quality of life and that rural settlement priority attention is given to tackling the spatial policies are responsive to the local circumstances concentration of poverty and social exclusion of different areas. within the 45 designated RAPID areas. In The guidelines for planning authorities on sus- addition, RAPID priority status was extended to tainable rural housing published by my colleague, Ballyfermot in 2006. My Department, with the 1441 Questions— 28 February 2007. Written Answers 1442

Dick Roche T.D., Minister for the Environment, \\ Heritage and Local Government, provide a more detailed framework for planners, based on the Community Support for Older People approach set out in the NSS regarding rural hous- Care of Elderly Association Newbridge 13,281 ing policy. The guidelines reflect my own view Monasterevin Old Folk Community 3,051 that rural housing within the confines of good The Evergreens 3,478 planning practice is needed. These guidelines are Celbridge Community Alert 5,572 important in ensuring clarity and consistency in Muintearas 2,116 the implementation by planning authorities of Government policy on rural housing. Newtown Donadea Senior Citizens 1,000 Sub-total 28,498 Dormant Accounts Fund. Support For Volunteering 235. Mr. Durkan asked the Minister for Com- Kildare Volunteer Bureau 69,300 munity, Rural and Gaeltacht Affairs the full extent of his Department’s expectations in terms Sub-total 69,300 of receipts from the Dormant Accounts Fund; and if he will make a statement on the matter. Community Services Programme [7957/07] Ar an Uisce Enterprise 153,413 Centre for Performing Arts 69,821 Minister of State at the Department of Com- Larkwood Products Ltd 142,964 munity, Rural and Gaeltacht Affairs (Mr. N. Lullymore Heritage Park 174,311 Ahern): Dormant Accounts legislation provides for an annual transfer by credit institutions and Naas Sports Group Ltd 90,719 insurance undertakings of monies in dormant Sub-Total 631,228 accounts into the Dormant Accounts Fund. Since the establishment of the Fund in May 2003, a WP Federations & Networks \ National Association of Boards of total of 373.2 million has been transferred, of Management which \112.6 million has been reclaimed. At this juncture, it is difficult to estimate what the Special Education 36,500 inflows to the Fund will be in 2007 and sub- Breaking Through 66,000 sequent years. Accord 23,500

Sub-total 126,000 Departmental Expenditure. Improved Co-ordination of Local & 236. Mr. Durkan asked the Minister for Com- Community Development Services munity, Rural and Gaeltacht Affairs his Depart- Kildare County Council — CDB 382,000 ment’s expenditure in County Kildare in 2006 through the various schemes operated by his Sub-total 382,000 Department; and if he will make a statement on the matter. [7958/07] RAPID — Top-up Sports Capital Programme Minister for Community, Rural and Gaeltacht Athy Sports and Acrobatics Club 1,500 Affairs (E´ amon O´ Cuı´v): Records maintained by Athy Rugby Football Club 60,000 my Department indicate that a total of \3.798m Athy Rowing Club 2,100 was expended by my Department in grants and assistance to groups in Co. Kildare during 2006 Sub-total 63,600 under various programmes as summarised below. RAPID — Traffic Measures \ A further 2.114m was also expended by Water- Athy Town Council 28,322 ways Ireland within the county during 2006. Sub-total 28,322 \\ LEADER

Community Development Projects Kildare European Leader II Teo 948,934 Athy CDP 125,300 Sub-total 948,934 The Bridge CDP 98,625 N.W. Kildare Community Development 74,831 Area Based Rural Development Kildare European Leader II Teo 57,977 Sub-total 298,756 Sub-total 57,977 CDP Once Off Grants Athy CDP 11,405 Rural Social Scheme The Bridge CDP 8,000 Kildare European Leader II Teo 15,062 N.W. Kildare Community Development 8,200 Kildare European Leader II Teo (Capital) 12,241

Sub-total 27,605 Sub-total 27,303 1443 Questions— 28 February 2007. Written Answers 1444

´ ´ [Eamon O Cuı´v.] an official of my Department to write to the per- \\ son named to seek clarification on certain matters relating to the application. Upon receipt of the Local Development Social Inclusion requested documentation my Department will Scheme process the application and will correspond Action South Kildare 686,332 directly with the person named. The person OAK Partnership 422,154 named has also made application under the Con- Sub-total 1,108,486 solidation measure of the Single Payment Scheme. This application will be processed on Total Programme Spend 3,798,009 completion of the Transfer of Entitlements application. If the Deputy has further queries in relation to any of the individual payments listed above, my 239. Mr. Kehoe asked the Minister for Agri- officials will be glad to assist him in any way culture and Food the grant-aid available to some- possible. body involved in forestry for the development of roadways, entrances and other enhancements EU Directives. which would be made in the interests of health and safety and the environment; and if she will 237. Mr. Howlin asked the Minister for Agri- make a statement on the matter. [7856/07] culture and Food if her Department has responsi- bility for implementation of EEC Council Regu- Minister for Agriculture and Food (Mary lation No. 2080/92; if a national programme Coughlan): The forest service of my Department instituting a community aid scheme for forestry provides grant-aid for the construction of forest measures in agriculture has been devised; if such roads at development stage and at harvesting a programme is being implemented; the manner stage. A comprehensive manual is available set- of its implementation; and if she will make a ting out the detailed specifications for such roads, statement on the matter. [7802/07] taking account of site requirements, site con- ditions, health and safety and the environment. Minister for Agriculture and Food (Mary The level of grant available is based on the Coughlan): My Department had overall responsi- costs incurred, up to a maximum of \45 per lin- bility for the implementation of Council Regu- ear meter. lation (EEC) No. 2080/92. This Regulation was repealed by Council Regulation (EC) No. 1257/1999 on support for rural development, Farm Waste Management. including forestry measures. 240. Mr. Kehoe asked the Minister for Agri- The latest Rural Development Regulation, No. culture and Food the average waiting time for 1698/2005 came into force on 1st January 2007. payments under the farm waste management The Rural Development Programme (RDP) for scheme on a county basis; and if she will make a 2007 to 2013 was submitted to the European statement on the matter. [7961/07] Commission for approval in December 2006, fol- lowing extensive public consultation. It includes a Minister for Agriculture and Food (Mary range of support measures for the agricultural Coughlan): Under the Charter of Rights for and forestry sectors, some of which are co- Farmers 2005-2007, there is a comment that pay- financed with community aid while others are ments under the farm waste management scheme exclusively nationally funded. The grant aid prog- will be made within 14 weeks of receipt of a valid ramme for forestry is now higher than ever before claim. In view of the substantial increase in the with grant-aid available for the first afforestation number of applications received in 2006 under of agricultural land, the construction of forest this scheme, there may be instances where this roads and under a new Forest Environment Pro- deadline cannot be met by my Department tection Scheme. despite best efforts to do so. I am examining var- ious proposals to speed up the payment process Grant Payments. to ensure adherence to the charter deadlines as 238. Mr. Kehoe asked the Minister for Agri- soon as possible. culture and Food when the remaining single farm payment will be made for a person (details Farm Inspections. supplied) in County Wexford; and if she will 241. Mr. Lowry asked the Minister for Agri- make a statement on the matter. [7837/07] culture and Food if she will review the single farm payment inspection process and introduce a Minister for Agriculture and Food (Mary streamlined, efficient and less bureaucratic Coughlan): The position is that an application for system for farmers; her views on whether the 66 the Transfer of Entitlements under the Single page, 1,450 item checklist which requires her Payment Scheme to the person named was sub- Department inspectors’ signatures in almost 30 mitted on the 31st March 2006. During processing places must be radically and immediately refor- of the Transfer application, it was necessary for 1445 Questions— 28 February 2007. Written Answers 1446 med; and if she will make a statement on the Under section 15(2)(d) of the Education Act matter. [8042/07] 1998, each school is legally obliged to disclose its enrolment policy and to ensure that principles of Minister for Agriculture and Food (Mary equality and the right of parents to send their Coughlan): My Department is committed to children to a school of the parents choice are ensuring the maximum level of integration of respected. Section 29 of the Education Act 1998 inspections across all areas including inspections provides parents with an appeal process where a under the disadvantaged areas scheme. On this board of management of a school or a person act- basis, the overall number of annual inspections ing on behalf of the board refuses enrolment to a under the single payment scheme and disadvan- student. Where a school refuses to enrol a pupil, taged areas scheme is unlikely to exceed 8,000. it is obliged to inform parents of their right under This is a significant reduction from the 18,000 section 29 of Education Act 1998 to appeal that inspections annually under the old coupled decision to the Secretary General of my Depart- regime. ment. Only where an appeal under section 29 is My Department is carrying out a full review of upheld can the Secretary General direct a school the inspection arrangements for the single pay- to enrol a pupil. ment scheme and the disadvantaged areas The National Educational Welfare Board, scheme before finalising the report forms and NEWB, is the statutory agency which can assist checklists for 2007. The review will also involve parents who are experiencing difficulty in secur- consultation with the farm bodies and this process ing a school place for their child. The NEWB can will commence as soon as possible. be contacted at National Educational Welfare My Department is in regular contact with the Board, National Headquarters, 16-22 Green European Commission with a view to simplifi- Street, Dublin 7, or by telephone at 01-8738700. cation of single payment scheme requirements with particular reference to advance notice of inspections and tolerances. The initiative by the School Transport. Commission on simplification of the CAP and the 243. Mr. McGuinness asked the Minister for review of cross-compliance, which is under way, Education and Science if a bus pass or financial provides the opportunity for a fresh look at cross- assistance will be provided for a person (details compliance and other single payment scheme supplied) in County Kilkenny to enable them to issues. I am certainly pressing for this both in attend school; and if she will expedite a response direct contact with Commissioner Fischer Boel in view of the poor financial circumstances of the and the President of the Council, Minister See- family. [7830/07] hofer. I raised the matter at the Council recently where several member states had similar prob- Minister of State at the Department of Edu- lems to ours. It is not surprising then that simplifi- cation and Science (Mr. Haughey): My Depart- cation of the CAP and the cross-compliance ment will request the transport liaison officer for regime in particular are core issues for the current County Kilkenny to examine the situation regard- German Presidency of the EU. ing school transport for the pupil referred to by the Deputy in the details supplied. The transport School Enrolments. liaison officer will contact the family when this 242. Dr. Twomey asked the Minister for Edu- examination is completed. cation and Science if a school can refuse a student admission who is in the school’s catchment area Physical Education Facilities. but where an older sibling did not attend the 244. Mr. Deenihan asked the Minister for Edu- school; and if she will make a statement on the \ matter. [7828/07] cation and Science if the 2,000 physical edu- cation grant for each primary school has been Minister for Education and Science (Ms awarded; if this will be an annual grant; and if she Hanafin): The selection and enrolment of pupils will make a statement on the matter. [7831/07] in second level schools is the responsibility of the school management authorities. My Depart- Minister for Education and Science (Ms \ ment’s main responsibility is to ensure that Hanafin): A special PE funding package, of 6.5 schools in an area can, between them, cater for million, issued late last year to primary schools. all pupils seeking second level places in an area. Under the package, each school received \2,000 However, this may result in some pupils not towards the cost of replacing and upgrading PE obtaining a place in the school of their first equipment in their school. This grant was issued, choice. As schools may not have a place for every as a once-off measure, to enable schools to applicant, a selection process may be necessary. replace older equipment such as goalposts, PE This selection process and the enrolment policy mats, benches etc. The modern equipment that on which it is based must be non-discriminatory can be purchased will facilitate PE and sporting and must be applied fairly in respect of all activities in schools, which everyone recognises is applicants. a very important aspect of school life. 1447 Questions— 28 February 2007. Written Answers 1448

[Ms Hanafin.] cation Curriculum. As part of this initiative, a This funding package was made as part of this task force was established to inform the develop- Government’s continued commitment to mod- ment of the project. Three teachers were ernise facilities in schools throughout the country. seconded to the initiative, and were appointed as In addition, since 2000, my Department has pro- National Co-ordinator and assistant national co- vided in excess of \5.5 million in grant-aid to ordinators. These teachers worked closely with 27 primary schools to facilitate the provision of schools during the lifetime of the initiative and coaching or mentoring in connection with physi- developed lesson plans based on the PE Curricu- cal education or to purchase resource materials lum which have since been developed into a CD associated with the provision of physical ROM, launched by me in May 2006 and circu- education. lated to every school in the country. Appropriate classroom equipment is provided The work of the PSSI served to inform the con- as part of extension and refurbishment projects tent and structure of the seminars provided by and new school buildings funded by my Depart- the Primary Curriculum Support Programme, ment. Under the furniture and equipment (PCSP), for all primary teachers. Following the element of my Department’s school building and commencement of the training of designated PE modernisation programme, funding is available trainers within the PCSP, the budget for the PSSI for the provision of additional equipment at was subsumed into this programme. Following developing schools or the replacement of out- interviews, the 3 teachers seconded to PSSI were dated or damaged equipment. offered positions as PE trainers with PCSP. The I increased the level of grant payable under the national co-ordinator of the initiative however, annual devolved grant scheme for minor works had been appointed as principal before taking up to national schools last November. All primary this offer but the two assistant national co-ordina- schools with full recognition receive a basic grant tors accepted the offer and worked as trainers of \5,500 plus \18.50 per mainstream pupil and with the PCSP between 2004 and 2006. They have \74 per special needs pupil. This grant is intended since returned to their base schools. to address works required to the physical infra- Currently, there is an Assistant National Co- structure of the schools or to pay for items of fur- ordinator working with the PCSP who has niture and equipment for educational use, includ- responsibility for leading a team of 17 Physical ing PE and IT related equipment. Some \27 Education/Social Personal and Health Education million was paid out to primary schools through- Cuiditheoir who are involved in supporting out the country to enable thousands of small scale teachers in schools in the promotion of physical works to be completed without the need to inter- activity and healthy lifestyles. This Co-ordinator act with my Department. also takes responsibility for co-ordinating the Primary schools that establish a class for special Active Schools Awards, another Department of needs pupils receive a once-off grant of \6,500 Education and Science initiative which aims to per class to purchase equipment, including physi- raise the profile of PE and co-curricular physical cal education equipment, that they feel best activity in the context of the Primary PE curricu- meets the needs of the pupils attending the class. lum and to promote lifelong involvement in sport Schools may use their general capitation funding and physical activity. to support the implementation of curricula, including physical education. Since 1997, the stan- School Accommodation. dard rate of capitation grant at primary level was increased from \57.14 per pupil to \163.58 from 246. Mr. McEntee asked the Minister for Edu- 1 January 2007. cation and Science her proposals to meet the classroom needs of a school (details supplied) in Primary School Sports Initiative. County Meath from September 2007; and if she will make a statement on the matter. [7838/07] 245. Mr. Deenihan asked the Minister for Edu- cation and Science if the task force announced on Minister for Education and Science (Ms 10 November 2001, to assist in promoting healthy Hanafin): I can confirm to the Deputy that the lifestyles amongst primary school children is still school to which he refers has submitted an appli- in existence; if the national sport co-ordinator cation for additional accommodation to cater for and the two assistant coordinators to work with its long term needs. This application is being the task force were appointed at that time; their assessed. The school authority has not applied for present status; and if she will make a statement any additional accommodation for September, on the matter. [7832/07] 2007. Minister for Education and Science (Ms Special Educational Needs. Hanafin): I assume the Deputy is referring to the Primary School Sports Initiative, (PSSI), which 247. Ms Burton asked the Minister for Edu- was launched in January 2001. It was established cation and Science the proposals regarding an as a precursor to the roll out of national in-service autistic unit at a school (details supplied) in training for primary teachers in the Physical Edu- Dublin 15; the arrangements in place to secure 1449 Questions— 28 February 2007. Written Answers 1450 therapeutic and clinical support for the unit; the point of contact for parents and schools. It is open provisions and resources in place regarding staff- to a parent to contact the SENO directly regard- ing and fitting the unit; and if she will make a ing their child’s needs. Contact details for the statement on the matter. [7859/07] SENO may be accessed on the NCSE website at www.ncse.ie. Minister for Education and Science (Ms The provision of therapeutic and clinical sup- Hanafin): The Deputy will be aware of my com- port for the autism unit is a matter for the Health mitment to ensuring that all children, including Services Executive (HSE) and funding is pro- those with autism receive an education appro- vided to the HSE for such purposes. priate to their needs, preferably through the primary and post primary school network. In this School Grants. regard my Department has established 181 special classes for children with autism, attached 248. Mr. J. O’Keeffe asked the Minister for to special and mainstream schools, 5 special Education and Science if she will confirm that she classes for children with Asperger’s Syndrome,16 is in a position to sanction a devolved grant for a pre-school classes to facilitate the demand for school (details supplied); and the amount of early intervention provision for children on the same. [7860/07] autistic spectrum and 14 Stand Alone facilities providing an Applied Behavioural Analysis Minister for Education and Science (Ms (ABA) specific methodology on a pilot basis. Hanafin): An application has been received in my Two of these facilities have yet to be established. Department from the school referred to by the Deputy under the Small Schools Scheme 2007. The Deputy may be aware that a building pro- All applications received under this scheme are ject to provide new accommodation at the school under consideration and the list of successful is nearing completion and I understand that it will applicants will be published shortly. be ready for occupation in the coming months. I understand that there is provision for an autism unit within the new accommodation. My officials School Staffing. wrote to the school principal on 16 February 2007 249. Mr. Kenny asked the Minister for Edu- indicating the range of supports available to cation and Science the number of primary schools schools from my Department to support autism which have been identified with the largest units. These include a special class for autism numbers of newcomer children needing English typically established with an initial staff of one language support; if she will confirm that teachers teacher and two special needs assistants (SNAs) will be appointed to these schools in the coming for every six pupils and additional SNA support weeks; if so, the number appointed; and if she will may be provided on the basis of the assessed make a statement on the matter. [8011/07] needs of individual pupils. As a further support, many smaller schools Minister for Education and Science (Ms where autism units are approved by the National Hanafin): A total of 130 primary schools have Council for Special Education can now have an been identified with eligible non-English speak- administrative principal to assist with the estab- ing newcomer pupils. The schools in question lishment and running of specialist intervention have been notified by my Department that they locally. In addition, enhanced levels of capitation qualify for a total of 179 posts under the initiative are available to special schools and mainstream referred to by the Deputy. schools with special classes. The recruitment and appointment of personnel Additional training supports for staff engaged to fill teaching posts, including language support in the education provision for children with posts, is a matter for the Board of Management of autism can be accessed through the Special Edu- each individual school. Agreed procedures with cation Support Service (SESS). The service will, regard to the filling of posts (e.g. compliance with as appropriate, consolidate, co-ordinate, develop any redeployment panel arrangements in place, and deliver a range of professional development composition of selection boards, advertising etc) initiatives and support structures to the relevant must be followed. staff. It is the policy of my Department that only Other supports include assistive technology qualified personnel should be employed. grants where this is recommended and specialist Unqualified personnel should not be appointed equipment such as modified desks and chairs as except in exceptional circumstances and then required. only when all avenues for recruiting qualified per- As the Deputy is aware, the National Council sonnel have been exhausted. for Special Education (NCSE) is now oper- Teaching posts that arise are normally adver- ational. A specific function of the NCSE, through tised by the relevant school Board of Manage- its network of local special educational needs ment in the national press. It is a matter for per- organisers (SENOs), is to identify appropriate sons wishing to be considered for appointment to educational placement for all children with submit their applications direct to the Board of special educational needs. The SENO is a focal Management. 1451 Questions— 28 February 2007. Written Answers 1452

Site Acquisitions. vision of an extra 7,000 places by 2009, 3,000 of 250. Mr. Timmins asked the Minister for Edu- which will be provided this year. Under the terms cation and Science the discussions her Depart- of the agreement, there will be a particular focus ment has had with the board of management of a on the increasing number of migrants receiving school (details supplied) in County Wicklow; if an English language service (ESOL). her attention has been drawn to the fact that there are varied views on the proposed re- Pupil-Teacher Ratio. location of this school; and if she will make a 252. Mr. Lowry asked the Minister for Edu- statement on the matter. [8012/07] cation and Science if she will honour the commit- ment in the 2002 Programme for Government to Minister for Education and Science (Ms reduce mainstream class sizes to 20:1 in the life- Hanafin): Discussions are ongoing between the time of this Government; the average mainstream Department, Wicklow County Council and the class size per teacher, excluding all non main- educational providers in the Greystones/Delgany stream teachers for each county; the length of area with a view to ensuring that the long term time it will take to reach the target of 20:1; and if educational needs of the area are adequately met. she will make a statement on the matter. All possible options will be considered and the [8019/07] concerns of parents will be taken into account. Minister for Education and Science (Ms Adult Education. Hanafin): The commitment referred to by the 251. Mr. Lowry asked the Minister for Edu- Deputy relates to pupils under nine years of age. cation and Science if, in the view of the fact that Information in relation to class sizes is provided most Vocational Educational Colleges commit- in the annual census of primary schools. The cen- tees do not have the resources or structures to sus for the current school year (2006/07) is cur- fund community groups involved in the teaching rently being worked on. Details on class size in of English, she has plans to provide grant assist- primary schools will be available for Counties. ance to community and voluntary groups who are Major improvements have been made in staff- providing English language classes to new immi- ing at primary level in recent years. There are grants; and if she will make a statement on the now 4,000 more primary teachers than there were matter. [8018/07] in 2002. The average class size in our primary schools is 24 and there is now one teacher for 17 Minister of State at the Department of Edu- pupils at primary level, including resource cation and Science (Mr. Haughey): The Adult teachers etc. and Further Education services are funded by my Children with special needs and those from dis- Department and delivered locally by the advantaged areas are getting more support than Vocational Education Committees (VECs). Any ever before to help them to make the most of grant assistance from my Department to com- their time at school. munity or voluntary groups for English language Indeed, with the thousands of extra primary classes must be channelled through VECs. teachers hired by this Government, recent years The White Paper on Adult Education “Learn- have seen the largest expansion in teacher ing for Life” (2000) stated that asylum seekers numbers since the expansion of free education. would be entitled to free access to Adult Literacy, Furthermore, the Government is committed to English language and mother culture supports providing even more primary teachers next year and refugees are entitled to the same access to to reduce class sizes. education and training as Irish nationals. As the Deputy knows all primary schools are My Department gives an annual grant to all staffed on a general rule of at least one classroom VECs for the provision of Adult Literacy and teacher for every 28 children. Of course, schools Community Education. This fund may be used with only one or two teachers have much lower for the teaching of English to immigrants. staffing ratios than that — with two teachers for The cost of the literacy service delivered by just 12 pupils in some cases and so on — but the VECs, which was funded by my Department, was general rule is that there is at least one classroom over \23 million in 2006. The number of students teacher for every 28 children in the school. Next was over 35,000. 27% of these, amounting to September this will reduce to 27 children per 10,000 clients, attended English for Speakers as classroom teacher. Other Language (ESOL) courses. School authorities are requested to ensure that The language needs of migrants formed part of the number of pupils in any class is kept as low the negotiations between social partners in draw- as possible, taking all relevant contextual factors ing up the new social partnership agreement into account (e.g. classroom accommodation, “Towards 2016”. A prioritised action included in fluctuating enrolment). In particular, school auth- the agreement is that the annual student cohort orities should ensure that there is an equitable availing of the general national literacy service distribution of pupils in mainstream classes and delivered by the Vocational Education Commit- that the differential between the largest and tees will be significantly increased by the pro- smallest classes is kept to a minimum. 1453 Questions— 28 February 2007. Written Answers 1454

A further initiative that has been of direct approach to the assessment of income for eligi- benefit to primary schools has been the change in bility for student support. the criteria for developing schools. For the cur- So, in applying for a grant for the 2007/08 rent school year the threshold for getting a academic year, only the relevant income earned, developing school post was reduced specifically as outlined above, on the SSIA in 2005 has to to help schools that are seeing large increases in be declared. The maximum that the Government enrolments each year. Over 280 such posts were grant to any SSIA saver could have amounted to sanctioned in the 2006/07 school year compared last year, as in any year of the SSIA scheme, is to 170 in 2005/06. \762. The improvements we have made in school This has been the position since SSIAs were staffing in recent years are absolutely introduced. unparalleled. But we are determined to go even further, and 254. Mr. Lowry asked the Minister for Edu- so the 2007 Estimates include provision for cation and Science if all higher education grants another 800 primary teachers. About 500 of these will be processed by vocational education com- will be classroom teachers, which includes our mittees for the 2007 to 2008 academic year; when commitment to reduce class sizes. VECs and local authorities will be notified of I assure the Deputy that we will continue to these changes; the time frames involved; and if prioritise further improvements in school staffing she will make a statement on the matter. going forward. We will also continue our focus on [8021/07] measures to improve the quality of education in our primary schools to ensure that increased Minister for Education and Science (Ms resources lead to better outcomes for our Hanafin): I announced in June 2006 that the children. Vocational Education Committees (VECs) would be given sole responsibility for the administration of the third level student maintenance grants and Higher Education Grants. that this was part of my overall plans to introduce 253. Mr. Lowry asked the Minister for Edu- service improvements in the administration of the cation and Science if she will remove SSIA pay- student grant schemes. ments from the means test for the higher edu- The arrangements for the future administration cation grant; her reason for not removing this will be provided for in new statutory framework once off payment which can have a significant through a Student Support Bill. The Government impact on lower income families which would has approved the drafting of a new Student Sup- otherwise qualify for the grant; and if she will port Bill which will place all student support make a statement on the matter. [8020/07] schemes on a statutory footing for the first time, including providing for the designation of an Minister for Education and Science (Ms appropriate awarding authority and for the Hanafin): The Government is determined to general basis on which grants will be awarded to ensure that SSIA savers are treated fairly in the eligible students. calculation of reckonable income under my Work on the Bill is at an advanced stage and I Department’s maintenance grant schemes. hope to be in a position to publish the Bill This is being achieved in two ways: Firstly, shortly. income from SSIAs is being treated exactly the My Department is in consultation with the key same as income from similar savings and invest- stakeholders in order to map the most logical and ment products; and Secondly, the reckonable effective arrangements for the future structure income limits for student grants have been and administration of the student support increased considerably in recent years. schemes, including the arrangements for the Since SSIAs were introduced, the amount of 2007/08 academic year. These consultations are a income to be included in respect of them is the priority for my Department at present. government grant earned on the savings in the relevant tax year plus, in the case of savings Air Services. accounts, the gross interest earned in the relevant 255. Mr. P. Breen asked the Minister for tax year, and, in the case of investment accounts, Defence further to Parliamentary Question No. the investment profit earned in the relevant tax 495 of 29 November 2005, if he will confirm that year. Investment losses sustained in the relevant the Snow Report in question at paragraph 4.7.2 tax year are deductible. unequivocally acknowledges that, on the sole The same position has long applied to interest basis of risk to either air navigation or to those earned on other savings products, including on the ground, restriction of all development deposit accounts, post office savings certificates, under the approach surfaces at Casement Aero- life assurance bonds etc. The treatment of SSIAs drome particularly to a wide area at a distance is therefore consistent with the traditional treat- of 1,370 metres from the thresholds might seem ment of other similar investments over many logically unsustainable, particularly in view of the years. The Department of Finance is aware of this fact that there are no available data for a satisfac- 1455 Questions— 28 February 2007. Written Answers 1456

[Mr. P. Breen.] farmer and funding to assist the local authorities tory risk analysis on Irish military aircraft during is being made available from my Department landing and take-off operations; and if he will through the Environment Fund. make a statement on the matter. [7841/07] The collections were well supported by farmers in the counties participating in the pilot phase, Minister for Defence (Mr. O’Dea): Red safety leading to large quantities of plastic being areas were first adopted at Casement Aerodrome deposited at designated sites. A significant find- following a review in 1992 by Aer Rianta, on ing from the pilot scheme is that it is not possible behalf of the Department of Defence, of policy to operate collections in a large number of coun- in relation to safety zones at the aerodrome. ties at the same time due to capacity constraints International Civil Aviation Organisation stan- on the part of recovery operators. Accordingly, it dards and recommendations in relation to was necessary to roll out the scheme to other obstacle limitation surfaces for airports, designed areas on a staggered basis. Arising from a com- to protect the safety of aircraft as they land and prehensive examination of the information avail- take off by ensuring that there are no obstacles able, I approved further collections of waste in the way, as well as considerations in regard to silage/bale wrap by Leitrim, Roscommon, public safety in the vicinity of the aerodrome, Carlow, Longford, North Tipperary and Wicklow were taken into account in determining the size County Councils which recently concluded. and shape of the red safety areas at Casement Announcements regarding further extensions of Aerodrome. The areas are essentially two-dimen- collections to other areas, including Kilkenny, sional surfaces on the ground originating 60 will follow a review of this second phase of the metres beyond the runway thresholds, have a scheme. width of 300 metres and diverge at a rate of 15% at each side to a width of 700 metres and have an Local Authority Housing. overall length of 1370 metres in the case of each runway. The Department’s policy approach is 257. Mr. Carey asked the Minister for the that no new developments should be allowed Environment, Heritage and Local Government within red safety areas. However, extensions to the initiatives promoted by his Department to existing domestic dwellings are acceptable in cer- encourage local authorities and voluntary housing tain circumstances. organisations to provide for the housing of Irish While the Snow Report, referred to by the emigrants who wish to return to live here in their Deputy, contains discourse in relation to the older years; and if he will make a statement on restriction of development under the approach the matter. [7819/07] surfaces at Casement Aerodrome, the recom- mendation in the case of Casement Aerodrome Minister of State at the Department of the contained in the report was that approach areas Environment, Heritage and Local Government be retained for security and safety reasons (Mr. N. Ahern): My Department supports the because of the large proportion of training, Safe Home Programme which aids returning Irish including single engine/solo flights by inexperi- emigrants in securing social housing supports enced pilots, carried out at the aerodrome. The where they are eligible for them. matter will, however, be kept under review. Under an amendment made to the terms of my Department’s voluntary housing Capital Assist- Farm Waste Management. ance Scheme in November 2001, up to 25% of accommodation in new projects provided 256. Mr. Aylward asked the Minister for the throughout the country by individual voluntary Environment, Heritage and Local Government housing bodies with funding under the scheme the progress made with regard to allocating funds may be allocated to elderly returning emigrants to Kilkenny County Council under the farm plas- who satisfy eligibility criteria in relation to their tic recycling scheme where statistics show the present circumstances and are included in the urgent need for this scheme to be rolled out to Safe Home waiting list. Kilkenny at the earliest possible date (details supplied); and if he will make a statement on the Home Improvement Grants. matter. [7818/07] 258. Mr. Carey asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Roche): To address the a form of grant system is available to assist resi- issue of accumulated backlogs of farm plastic, dents to improve the energy retention of their designated facilities are being provided on a tem- homes particularly by way of insulation or exul- porary, once-off basis by local authorities where ation of building materials, that is, breeze blocks; farmers may deposit stockpiled farm film plastic and if he will make a statement on the matter. and silage wrap. This arrangement operated on a [7820/07] pilot basis in the first instance in counties Galway, Clare, Mayo, Offaly and Waterford during June Minister of State at the Department of the and July of last year. This service is free to the Environment, Heritage and Local Government 1457 Questions— 28 February 2007. Written Answers 1458

(Mr. N. Ahern): There are no specific grants where existing facilities are deficient and giving available from my Department or local auth- rise to pollution. orities for energy retention improvements to homes. However, Sustainable Energy Ireland, Planning Issues. under the auspices of the Department of Communications, Marine and Natural Resources, 260. Ms Shortall asked the Minister for the operates a Low Income Housing Programme. Environment, Heritage and Local Government This was set up to help establish and implement the regulations governing the non-development a national plan of action to address the problem by builders of amenity type proposals, such as of fuel poverty. Core delivery is through the playgrounds, creches, or service buildings made Warmer Homes Scheme. This programme aims as part of a larger residential or mixed use to improve the energy efficiency and comfort development but where no timeframe was con- ditioned by the local authority for the completion conditions of homes occupied by low-income of such amenities; if it is open to a developer to households and at establishing the systems and progress the residential part of such devel- growing the capacity in Ireland to install such opments and not the amenity type developments; measures which include attic insulation, draught the post-permission sanctions open to a local proofing, lagging jackets, energy efficient lighting, authority in compelling the developer to build the cavity wall insulation and energy advice. promised amenities; and if he will make a state- My own Department operates a number of tar- ment on the matter. [7840/07] geted options to assist vulnerable groups, such as lower income households and elderly persons, to Minister for the Environment, Heritage and secure necessary improvement works to their Local Government (Mr. Roche): Under the pro- homes. These include the local authority house visions of Section 40 of the Planning and improvement loan scheme, the disabled persons Development Act 2000, a planning permission is and essential repairs grant scheme, the improve- normally granted for a period of 5 years begin- ment works in lieu of local authority housing ning on the date of the granting of permission. All scheme and a Central Heating Programme, all development, including that necessary to comply administered by local authorities, and the Task with the terms of any condition imposed by the Force on Special Housing Aid for the Elderly planning authority or An Bord Pleana´la on which is administered by the Health Services appeal, must be substantially completed within Executive. this period. The Essential Repairs Grant and the Special Enforcement of planning control is a matter for Housing Aid for the Elderly Grant Scheme have the planning authority, which can take action been reviewed recently and will be replaced by where a development does not comply with the the Scheme of Housing Aid for Older People, to terms of its planning permission. The 2000 Act be administered by local authorities, during 2007. introduced strengthened arrangements for My Department also financially assists local enforcement by planning authorities in relation to authorities in upgrading, renovating and re- unauthorised developments. There is now a statu- developing their housing stock through the tory obligation on a planning authority to issue a Remedial Works Scheme and funding for regen- warning letter regarding unauthorised develop- eration and redevelopment projects. Works ment in defined circumstances and to carry out under the Remedial Works Scheme must comply an investigation and expeditiously decide whether with Building Regulations and where an exten- an enforcement notice should be issued. In sive programme of refurbishment is carried out, addition, the Planning and Development measures are taken to improve thermal insulation (Strategic Infrastructure) Act 2006 empowered in accordance with Building Regulations. planning authorities to refuse permission to any developer who has substantially failed to comply 259. Mr. Kehoe asked the Minister for the with a previous planning permission: in such a Environment, Heritage and Local Government if case the developer will have to go to the High there are grants available for persons in private Court if he/she wishes to apply to have this dwellings to assist with replacing their existing decision overturned. septic tank; and if he will make a statement on Under Section 156 of the 2000 Act, a person the matter. [7839/07] who is found guilty on indictment of an enforce- ment offence is liable to a fine of up to \12.7m, Minister for the Environment, Heritage and or to imprisonment for up to 2 years, or to both. Local Government (Mr. Roche): Grants are not Sections 34(4)(g) and 180(2)(b) of the 2000 Act available from my Department to individual also provide that in order to ensure that estates householders for the replacement of septic tanks. are completed satisfactorily, a planning authority However, under the Rural Water Programme, may attach a condition to a planning permission grants of \2,031 per house are available from requiring the giving of adequate security for the county councils to groups of householders who satisfactory completion of a development, and, if provide common sewerage facilities in cases the development is not subsequently completed 1459 Questions— 28 February 2007. Written Answers 1460

[Mr. Roche.] concentrations of people continually in the areas satisfactorily, may apply the security to that satis- most at risk from crashes. factory completion. Draft Planning Guidelines on public safety Accordingly, it is clear that planning authorities zones around Dublin, Cork, and Shannon Air- have very substantial powers to compel the com- ports are being prepared by my Department and pletion of housing estates, and any amenity type are almost complete. In this context due consider- development, by developers in accordance with ation is being given to the ERM recom- the terms of the planning permissions. mendations, including recommendations relating to the “red zones”. It is intended to issue the draft State Airports. Guidelines for public consultation shortly under the Planning and Development Act 2000. All 261. Mr. P. Breen asked the Minister for the comments received during the consultation pro- Environment, Heritage and Local Government cess will be considered before the guidelines are further to the confirmation by way of reply to finalised and issued under Section 28 of the 2000 Parliamentary Question No. 358 of 7 February Act. 2006 that there have been no aircraft accidents whatsoever or associated third party fatalities in Water and Sewerage Schemes. any of the red zones at any of the State airports since their introduction in 1968, if he will explain 262. Mr. Neville asked the Minister for the the rationale for the replacement of such massive Environment, Heritage and Local Government red zones with the proposed but even larger the position regarding the upgrading of a sewer- public safety zones with such fact perhaps best age scheme at Glin, County Limerick. [7861/07] exemplified by the replacement of the approxi- mately 230 hectares existing red zone at the Minister for the Environment, Heritage and eastern end of Runway 10/28 at Dublin Airport Local Government (Mr. Roche): The Glin Sewer- by an outer public safety zone having an area of age Scheme, which is being advanced as part of a approximately 1,073 hectares; and if he will make grouped project that also involves Athea, a statement on the matter. [7844/07] Askeaton, Foyes and Shanagolden, is approved for funding in my Department’s Water Services Minister for the Environment, Heritage and Investment Programme 2005-2007. My Depart- Local Government (Mr. Roche): I am advised ment is awaiting submission of Limerick County that it has been the practice since 1968 to limit Council’s Preliminary Report for the project. development in areas known as “red zones” around the 3 state airports of Dublin, Cork and Special Areas of Conservation. Shannon, for reasons both of air navigation safety 263. Mr. Penrose asked the Minister for the and public safety. In 2000, my Department and Environment, Heritage and Local Government if the Department of Transport jointly com- special areas of conservation are being proposed missioned Environment Resource Management for a geographical area (details supplied); if his (ERM) to review the specific issue of addressing attention has been drawn to the impact that such public safety on the ground around the major air- proposals will have on the turbary owners in ports, based on current scientific practice. In these areas; the number of people that might be assessing this matter, ERM used recent advances affected; if there has been consultation with the in risk modelling techniques which made it pos- owner groups who will be severely impacted by sible to quantify the risks to the public on the such proposals; the alternatives that have been ground from aircraft crashes. proposed for the people affected in order that The recommendations of ERM were that the they can meet their turbary requirements; if they use of the “red zones” should be discontinued for will be allocated other areas where they can har- public safety purposes. Public safety zones should vest their turf requirements; and if he will make instead be introduced, of a different size and a statement on the matter. [7882/07] shape to “red zones”, and should have varying levels or development restrictions within them, Minister for the Environment, Heritage and depending on what type of development is pro- Local Government (Mr. Roche): The geographi- posed at different points. It will be important for cal area referred to (Carn Park and Crosswood example to be able to restrict building heights Bogs) were proposed as candidate SAC in near runways to ensure that obstacle clearance December 2002 and were publicly notified at that surfaces for departing and arriving aircraft are time in accordance with the requirements of the maintained, in line with the State’s obligations Habitats Regulations 1997. Land Title enquires under the Chicago Convention on International revealed that 75 persons with turbary rights were Civil Aviation of 1944. Public safety zones would affected by the designation. also be designed to protect the public on the People who are cutting turf for their own per- ground from the small but real possibility that an sonal domestic use are permitted to do so in less aircraft might crash in a populated area and to sensitive areas of the bogs until the end of 2008. ensure, as far as possible, that there are not large However the use of so-called “sausage machines” 1461 Questions— 28 February 2007. Written Answers 1462 is not permitted. The Cessation of Turf Cutting way innovation fund alongside the other gate- Scheme as currently administered by my Depart- ways, as is implied within the NDP; and if he will ment provides payments to individuals for the make a statement on the matter. [7891/07] purchase either of raised bog or turbary rights on raised bogs in designated areas. However, the Minister for the Environment, Heritage and Scheme does not allocate alternative turbary Local Government (Mr. Roche): My Department rights in other areas nor is this proposed. and the Department of Finance are currently working up the terms of the operational frame- Waste Disposal. work for the Gateway Innovation Fund, estab- 264. Mr. Quinn asked the Minister for the lished under the National Development Plan Environment, Heritage and Local Government 2007-2013. Qualifying or assessment criteria have the position regarding the proposed incinerator not yet been finalised. at Poolbeg, Dublin 4; if the project will be aban- doned. [7884/07] Water and Sewerage Schemes. 267. Mr. Durkan asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Roche): The waste to he has responsibility for the funding of small or energy plant proposed to be located at Poolbeg is group sewerage schemes throughout the country; being procured as a public private partnership by the full extent of the budget under this heading Dublin City Council acting on behalf of the four in 2006; the full extent of the budget for 2007, the Dublin local authorities, and within the frame- number of schemes which might fall within this work of the statutory regional waste management category and in respect of which he has received plan. Dublin City Council has informed my communication to such effect from Kildare Department that the selected service provider for County Council in respect of County Kildare; the the project has been seeking significant changes schemes that fall within the relevant category for in the financial and commercial terms originally agreed. This matter is I understand the subject of favourable consideration by him in 2007; if this continuing negotiations between the Council and includes a scheme or schemes for Straffan, the prospective service provider, and I am not in Ardclough, Stapelstown, Clougharinkoe, Broad- a position to comment further on it at this stage. ford, Carbury, Darrinturn, Tinahoe; and if he will The applications for planning permission to An make a statement on the matter. [7922/07] Bord Pleanala, and for a waste licence to the EPA, are sponsored by Dublin City Council, not Minister for the Environment, Heritage and the service provider, and are being maintained. Local Government (Mr. Roche): Funding for small public and for private group sewerage Fire Stations. schemes is allocated to local authorities by my Department through annual block grants under 265. Mr. O’Connor asked the Minister for the the Rural Water Programme. The prioritisation Environment, Heritage and Local Government if and approval of individual schemes under the he will confirm plans to fund and develop a new Programme is a devolved function of the local fire station in Tallaght. [7888/07] authorities. Expenditure on small public water and sewer- Minister of State at the Department of the age schemes under the 2006 Programme Environment, Heritage and Local Government amounted to \22.062m. Group sewerage schemes (Mr. B. O’Keeffe): Dublin City Council sought are funded from the provision for new group sanction to extend the fire station in Tallaght and water and sewerage schemes in respect of which this was approved in principle in the 2006 Fire there was expenditure of \28.996m in 2006. Services Capital Programme. However, the Council are now of the view that a new replace- In common with all county councils, Kildare ment station is the most cost effective option and County Council was invited by my Department in this proposal has been approved in principle December 2006 to submit an outline of its pro- under the 2007 Programme. Funding for the pro- posed work programme and funding require- ject will be determined following receipt of ments for the 2007 Rural Water Programme. The detailed cost plans and design documents from Council’s submission does not include the the council. schemes by the locations referred to in the Question. Regional Development. Greenhouse Gas Emissions. 266. Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if 268. Mr. Lowry asked the Minister for the he will confirm that the Dublin region, as a desig- Environment, Heritage and Local Government nated gateway region identified in the National the sources, cost involved and details of compan- Spatial Strategy and National Development Plan, ies from which carbon credits will be purchased in will be eligible to bid for funding from the gate- order to reduce penalties arising from the Kyoto 1463 Questions— 28 February 2007. Written Answers 1464

[Mr. Lowry.] National Treasury Management Agency, on Protocol; and if he will make a statement on the enactment of the Carbon Fund Bill, to decide on matter. [8024/07] the modalities for future purchases of carbon cre- dits. In relation to the Kyoto Protocol commit- ment period 2008-2012, the Government has sig- Minister for the Environment, Heritage and nalled its intention to purchase up to a maximum Local Government (Mr. Roche): I refer to the of 18 million carbon allowances. At an assessed reply to Questions Nos. 103, 120, 132, 157 and 213 average price of \15 per allowance, the total esti- of 27 February 2007. It will be a matter for the mated cost is \270m.