Vol. 621 Tuesday, No. 4 13 June 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 13 June 2006.

Ceisteanna—Questions Taoiseach ………………………………… 693 Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 705 Other Questions …………………………… 718 Adjournment Debate Matters …………………………… 724 Leaders’ Questions ……………………………… 725 Death of Former Taoiseach: Expressions of Sympathy ………………… 734 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 744 Order of Business ……………………………… 745 International Development Association: Motion …………………… 749 European Communities (Amendment) Bill 2006: Order for Report Stage …………………………… 749 Report and Final Stages …………………………… 749 Planning and Development (Strategic Infrastructure) Bill [Seanad]: Second Stage (resumed) … … 754 Estimates for Public Services 2006: Message from Select Committee …………… 768 Private Members’ Business Human Rights Issues: Motion ………………………… 768 Adjournment Debate Health Services ……………………………… 798 Accident and Emergency Services ……………………… 800 Driving Tests ……………………………… 802 Water and Sewerage Schemes ………………………… 804 Questions: Written Answers …………………………… 809 693 694

DA´ IL E´ IREANN 9. Mr. Rabbitte asked the Taoiseach his plans for a meeting with the British Prime Minister, Mr. ———— Tony Blair, to discuss the situation in Northern Ireland. [19218/06] De´ Ma´irt, 13 Meitheamh 2006. Tuesday, 13 June 2006. 10. Mr. F. McGrath asked the Taoiseach the position regarding recent developments in ———— Northern Ireland. [19372/06]

Chuaigh an Ceann Comhairle i gceannas ar 11. Mr. Sargent asked the Taoiseach if he will 2.30 p.m. report on recent contacts he has had with the pol- itical parties in Northern Ireland; and if he will ———— make a statement on the matter. [20716/06] Paidir. Prayer. 12. Mr. Sargent asked the Taoiseach if he will report on his most recent contacts with the British ———— Prime Minister, Mr. Tony Blair, regarding devel- opments in Northern Ireland; and if he will make Ceisteanna — Questions. a statement on the matter. [20717/06]

———— 13. Mr. Sargent asked the Taoiseach if he will report on recent developments in the Northern Northern Ireland Issues. Ireland peace process; and if he will make a state- ment on the matter. [20718/06] 1. Mr. J. Higgins asked the Taoiseach if he will report on his contacts with the parties in The Taoiseach: I propose to take Questions Northern Ireland. [17722/06] Nos. 1 to 13, inclusive, together. There are ongoing contacts with all Northern 2. Mr. Kenny asked the Taoiseach if he will Ireland political parties. I last met Sinn Fe´in, the report on recent developments in the Northern SDLP and the Alliance Party on 30 March. The Ireland peace process; and if he will make a state- Northern Ireland Assembly reconvened for the ment on the matter. [18043/06] first time in three and a half years on Monday, 15 May. Its purpose is to prepare for the re-estab- 3. Mr. Kenny asked the Taoiseach if he will lishment of the devolved Executive as soon as report on his recent contacts with the political parties in Northern Ireland; and if he will make a possible and, in any event, before 24 November. statement on the matter. [18044/06] We believe this is a fair and reasonable deadline. We hope that the creation of the preparation 4. Mr. Kenny asked the Taoiseach if he will for Government committee, which met for the report on his recent contacts with the British first time on 5 June, will allow all the parties to Government; and if he will make a statement on engage with one another and begin addressing the matter. [18045/06] the issues relevant to the restoration of the Executive. We want to see early progress made 5. Mr. Kenny asked the Taoiseach if he will to this end. Yesterday’s announcement on report on his recent meeting with the British arrangements for chairing this committee is wel- Prime Minister on the margins of the EU-Latin come although I am conscious of the time already America Summit in Vienna; and if he will make lost. It would be deeply disappointing if construc- a statement on the matter. [19090/06] tive effort and engagement could not be reported when the British Prime Minister, Mr. Blair, and I 6. Caoimhghı´nO´ Caola´in asked the Taoiseach meet the parties in Belfast later in the month. if he will report on his most recent contacts with Time is limited and it is therefore essential that the British Prime Minister in regard to the Irish all the parties seriously commit themselves to the peace process; and if he will make a statement on process that Mr. Blair and I initiated in April. In the matter. [19166/06] particular, there is an obvious need for the DUP to engage with Sinn Fe´in. These are the parties 7. Mr. Rabbitte asked the Taoiseach if he will with the largest mandates and the largest make a statement on his most recent contacts responsibilities. They will occupy the positions of with the political parties in Northern Ireland. First Minister and Deputy First Minister in the [19216/06] event of restoration. It is important that they and the other parties use the time available to address 8. Mr. Rabbitte asked the Taoiseach if he will the issues that stand in the way of restoration. make a statement on his recent contact with the The Governments have repeatedly said that we British Government regarding developments in hope that a plan B will not be necessary. Northern Ireland. [19217/06] However, as joint stewards of the process, we 695 Ceisteanna — 13 June 2006. Questions 696

[The Taoiseach.] time already lost and the issues concerning how have also made clear that such a plan will be much work will be done. implemented, if necessary. The committee must get down to serious dis- I met the Prime Minister, Mr. Blair, on the cussions immediately and there must be a clear margins of the EU, Latin America, Caribbean realisation that the Governments are firm about Summit in Vienna on 11 April. At that meeting, the deadline of 24 November. That is a legislative we briefly discussed the return of the assembly deadline passed by the House of Commons. It is on 15 May and our hopes for the restoration of not just a date in the calendar and any party that the Executive. believes the deadline is moveable is making a On 22 May, I met Mitchell Reiss, the US serious error of judgment. It is increasingly clear special envoy to Northern Ireland. We discussed that the patience of the Northern Ireland elect- current developments, including our common orate is being tested. The overwhelming sense is wish for the earliest possible restoration of a that people want the politicians to get on with power-sharing Executive. bringing devolution back, and that is what we want them to do as well, without waiting for some Mr. J. Higgins: It is clear that the assembly in other structure or resolution. Northern Ireland is now in a shambolic situation. I do not agree with the first of the Deputy’s The parties could not even agree on a chairperson comments but I agree with what he said about for the committee that is supposed to steer a sectarian divisions, which are always unhelpful power-sharing Executive. They may not be able and create bitterness, tragedy and difficulties. to agree an Executive in the autumn and if they The basis of the Good Friday Agreement is cross- do, it will not last long. community support. In a society like Northern Does the Taoiseach now accept that what is Ireland that has been divided for generations, the being laid bare is the disintegration of the struc- only way to make progress and for everyone to tures put in place by him, the British Prime Mini- deal with their agendas and issues is on a cross- ster, Mr. Blair, and the political establishment on community basis. That is why the Executive and this island and in Britain because those structures Assembly are structured in the way they are. It is were based on permanent sectarian blocs? The not a resolution by Prime Minister Blair and me, structures were put in place on a false basis of it is an agreement between the parties in institutionalised sectarianism. Northern Ireland supported by people North and The dreadfully tragic death of Michael South in a democratic referendum. It has the McIlveen and the growing anecdotal evidence of strength of the people. We now require the par- tensions of a sectarian character within communi- ties to implement it and if they moved forward ties makes it clear where the solution to this prob- with devolution in place, we would have fewer lem can be found. It is clear that will not be found difficulties. in the institutionalisation of sectarian divisions in I have said many times on sectarianism that so the political system but in a radical new working much of what happens in Northern Ireland is class politics based on the principle of bringing working class people together rather than push- fomented in one form or another around sec- ing them into the arms of sectarian politicians. tarian division, whether it is marches, causes or issues. It is an ongoing problem, how people are Did the Taoiseach have the opportunity to dis- cuss with the British Prime Minister, Mr. Blair, forced to move from certain areas, how people the situation regarding extraordinary renditions are pressed into sectarian areas and how those and the fact that EU Governments may be assist- territories are marked out. All these create diffi- ing in the kidnapping of suspects to facilitate their culties but there is no simple resolution to them. transit to the United States or other countries for If there was, it would have been found long ago. interrogation? Is the Taoiseach concerned at It is a democracy, people have a right to vote and emerging developments regarding the possible they vote for parties that they support. proof that Shannon Airport has been used for I welcome Reg Empey’s acknowledgement in such renditions—— the context of the David Ervine controversy of the responsibilities of Unionist parties to bring An Ceann Comhairle: That matter does not loyalist violence to an end. That was useful. Reg arise under the questions before us. Empey’s frank and courageous assertion that loy- alists have been used by Unionist leaders is a wel- The Taoiseach: The assembly has been back in come acknowledgement that the past is not as session since 15 May. The British Prime Minister, clear-cut as some might suggest. It is refreshing Mr. Blair, and I will meet the parties later this and healthy to hear Reg Empey’s focus on the month. It would be disappointing if, by that stage, responsibility that Unionist politicians bear for the parties had not moved beyond procedural encouraging groups like the Third Force and wrangling and trench warfare. They have Ulster Resistance. It is a signal of recognition of responsibilities which they must discharge. Yes- the difficulties of the past. terday’s agreement, finally, on arrangements for chairing the preparation for Government com- Mr. J. Higgins: Did the Taoiseach discuss ren- mittee is welcome, although I am conscious of the dition with Mr. Blair? 697 Ceisteanna — 13 June 2006. Questions 698

The Taoiseach: No. am sure some of the issues Deputy Kenny has mentioned will be addressed in it. Ongoing crimi- Mr. J. Higgins: Is the Taoiseach alarmed by the nality in Northern Ireland, which may overflow emergence of evidence about rendition flights into this jurisdiction, is of concern. Criminality of passing through Shannon Airport? any kind cannot be tolerated, and the Garda and PSNI are making significant progress in dealing An Ceann Comhairle: That does not arise. with the issue. The Deputy will have noted the These questions refer to Northern Ireland and we co-operation of the Criminal Assets Bureau, have already spent 15 minutes on the Deputy’s backed up by the Garda, the Army and special question. units with the Northern Ireland authorities to break some of the gangs and groups who have Mr. Kenny: Last night, “Prime Time Investi- been involved in this. The Sinn Fe´in leadership gates” was about the extent of the involvement has also condemned that criminal activity, an of Irish criminals in the international illegal drugs important signal in its own right. market, including Colombia, where FARC is We outlined our position on Colombia through heavily involved. Arising from the clear state- diplomatic channels in November or December. ment by the Minister for Justice, Equality and I do not think we have heard back from the Law Reform about the involvement of the IRA Colombians, although I endeavoured to meet with FARC, will the Taoiseach indicate the cur- them on the fringes of the EU-LAC summit. We rent position on the request to deal with the Col- had a meeting arranged, but political difficulties ombia Three? in Colombia meant that the other party had to Mr. Mitchell Reiss, the US special envoy for cancel. I am not aware of the Department of Northern Ireland, has said that in his opinion, as Justice, Equality and Law Reform having heard in the opinion of many others, there is no reason anything. We set out our position and outlined Sinn Fe´in could not join the Policing Board and the procedures regarding the courts and how the support the Police Service of Northern Ireland. judicial process works here in the early winter. In his contacts with Northern political parties, has Garda investigation of the Northern Bank raid the Taoiseach discussed policing? In particular, continues, and it still has several people working following those discussions, does he believe Sinn on it. Fe´in will move to join the Northern Ireland The report last week by the Police Oversight Policing Board? The Taoiseach obviously hopes Commissioner for Northern Ireland, Mr. Al that the 24 November deadline will see the re- Hutchinson, indicated that policing need not be emergence of the Assembly in its own right. What an issue there, which is also my view. Given the are his views on that? reforms already in place and the fact the Patten On 10 March 2006, a lorry containing spirits report has been all but implemented, I hope the worth millions of euro was hijacked in County debate within republicanism can move on too. I Meath. Of the men arrested in connection with welcome the extent to which the republican the crime, two were known to have been leadership recognises that the issue must be members of the Provisional IRA, and one had resolved. been released early from prison under the Good Inevitably, there will be renewed focus on all Friday Agreement. Everyone in the House will these issues over the coming months as we move agree that people were not released early in order forward. We know that in the context of the last to conduct such activities. comprehensive discussions held in 2004, Sinn In its tenth report, the International Monitor- Fe´in was prepared to move forward on policing, ing Commission said there were indications that including the need for security and justice issues some members of the IRA, including senior ones, to be devolved to the Northern Ireland Execu- were still involved in crime, including offences tive. I welcome any early dialogue between the such as fuel-laundering, money-laundering, extor- parties on this issue, possibly within the context tion, tax evasion and smuggling. It also stated that of the preparation for Government committee. it saw no reason to revise its view that money as As its name suggests, this committee is con- a strategic asset was central to the organisation’s cerned with the restoration of devolved Govern- activities and that the long-term exploitation of ment and preparations to reform the Executive discreetly laundered assets gained illegally was and take on the responsibilities on the basis set continuing here. That IMC statement must down in the Good Friday Agreement and what obviously be taken very seriously. Previously, it has been worked out in great detail for a long had noted that the Northern Bank robbery was period. All these issues can be discussed and I conducted by the IRA, a heist planned alongside hope the parties can enter into dialogue on these sensitive political negotiations taking place at the substantive issues and move on from painful time. What is the Taoiseach’s information regard- weeks of procedural wrangling. I hope they can ing the hijack of the lorry and the resolution of put this behind them and address the substan- the Northern Bank raid? tive issues. It is pointless wrangling over these issues. The Taoiseach: The next IMC report is due in There is important business to attend to in October, a critical time in the peace process. I Northern Ireland, not least yesterday’s announce- 699 Ceisteanna — 13 June 2006. Questions 700

[The Taoiseach.] the British system who were controlled and ment by the Secretary of State for Northern directed by it and who, in turn, controlled and Ireland, Peter Hain MP, that the first steps have directed the loyalist gangs that operated from the been taken to revise the entire education system earliest years of the conflict will be made avail- in Northern Ireland. This is a significant policy able to scrutiny to establish the full facts? As the change which will affect the young people of leader of Government and the recognised leading Northern Ireland and their parents. The timeline voice on Irish nationalism, will the Taoiseach for the process announced by Mr. Hain allows for ensure that this position is arrived at, at the earl- locally elected politicians in the North to have a iest opportunity? final say on an important part of this process if they agree to restore the assembly and Executive The Taoiseach: The shooting of Mark Haddock before the deadline set out in legislation. They on 30 May was a shocking and appalling incident. will have an opportunity to play a role in the dis- I understand that two men have been charged cussions on and decisions regarding the abolition with the attempted murder of Mr. Haddock and of the 11-plus examination. If they do not reach remanded in custody at Belfast Magistrate’s agreement, the ban on academic selection will Court until 4 July. The PSNI is investigating this become law as soon as the deadline expires. matter fully and, as such, it would be inap- This is only one of a range of issues that are propriate of me to comment further. now progressing without the involvement of the I am aware of all the issues concerning the political process and elected politicians in involvement of Mark Haddock in incidents Northern Ireland. If for no other reason, I urge referred to by Deputy O´ Caola´in, but I obviously locally elected politicians to engage with the pro- do not have proof of these issues. Some weeks cess and give themselves the opportunity to make ago, we discussed in the House the matter in real decisions affecting the lives of ordinary respect of the case of Raymond McCord. Mr. people who went to the trouble of electing them. Haddock has been widely talked about for some years as someone involved in leading a gang, Caoimhghı´nO´ Caola´in: Does the Taoiseach including the gang that attempted to bomb the agree that a comprehensive examination of the Deputy’s office, and a lot of other cases where issue of collusion is critical to the success of the people were killed. entire peace process? Did he note the attempt to That has been the position. It all forms part of kill Mark Haddock, a British agent within the an enormous investigation by the Police Ombuds- Ulster Volunteer Force, which took place a fort- man, Mrs. Nuala O’Loan, into the police’s hand- night ago? Does he agree that it has been widely ling of an inquiry into the murder of Raymond accepted for some time that the attempt to bomb McCord Jnr by the UVF. The inquiry also covers the Sinn Fe´in office in Monaghan town in March claims of collusion between the former RUC 1997 was the work of Mark Haddock and at least Special Branch and the loyalist groups and loyal- one other paid British special branch agent from ist paramilitaries. The Deputy’s point is that all the same Mount Vernon UVF gang? Has the this leads to an enormous amount of collusion. Taoiseach noted that this assertion has been con- We have raised this matter time and again. firmed by Trevor McIlwrath, a former member of Lest I forget, Mrs. O’Loan’s son was viciously the criminal investigation department in the assaulted yesterday morning. He got a ferocious RUC, on BBC television and that Mr. McIlwrath beating in an appalling incident. I put on record also confirmed that the RUC had advance know- my unequivocal condemnation of it. Our thoughts ledge of the plan? are with Mrs. O’Loan and her family at this time. Was the Garda Sı´ocha´na given advance infor- The PSNI is investigating that matter and it mation by the RUC in respect of this bomb would be inappropriate of me to comment attack? I previously asked this question but further. Her son had several bones broken and received no reply. If the Taoiseach does not have received severe injuries. She does her utmost to the information, he should certainly try to acquire do a good job in all these cases. I do not want to it. The bomb targeted my political office but, jump to conclusions on who was involved. From thankfully, the explosive device failed to go off what I have heard, it might be the wrong assump- and no injury or damage was inflicted. Does he tion to make. I record my sympathy with the recall that there is a clearly established pattern of O’Loan family and will not comment on who was RUC special branch agents being killed before involved, other than that it is a barbaric group, the full truth surrounding their activities has been whichever side it purports to represent. established? Does he agree it is now more crucial We have raised the issue of collusion, partic- than ever for the Government to press the British ularly in respect of a number of incidents, such as Prime Minister to hold a special summit with the the Finucane case. We pursued it and continue to Taoiseach to address the issue of collusion? This pursue it. There is no need for a must be done if some of the truth in respect of 3 o’clock special summit because we use every the activities of British agents in this State over a opportunity to raise it and we will protracted period is ever to be established. continue to do so. As Deputy O´ Caola´in knows Will the Taoiseach require the British Prime better than I, evidence of the level of collusion Minister, Tony Blair, to ensure that those within and of the involvement of informers and insiders 701 Ceisteanna — 13 June 2006. Questions 702 appears to grow all the time. In the interests of very strong views at the time. In the context of progress it is necessary for such activities to stop an assured restoration of the Executive, I hope because it is more difficult to bring sanity to the it will be possible to reach agreement on these situation the longer they persist. We cannot amendments. At the moment, however, they are investigate every single event in the past because not law. They are not under discussion but I we would never make progress if we did. assume they will come back into play during the However, we will continue to focus on the Pat year, most of them from the DUP side. In fair- Finucane inquiry and other areas of collusion on ness, it must be remembered that it was the which we have focused in the past year or two. DUP’s right under the review clause of the Good Friday Agreement that there would be a review Mr. Rabbitte: I join the Taoiseach in deploring after a period of years. The amendments ema- the vicious attack on the son of the Police nated from that review and had to be compatible Ombudsman for Northern Ireland, Mrs. Nuala with the Agreement. Since the DUP had not sup- O’Loan. Like the Taoiseach I do not want to ported the Agreement in the first place, it was draw any conclusions but it is a very worrying obvious that it would seek legislative changes on reflection on the nature of civil society in some issues. Northern Ireland that such a vicious, cruel assault should have been inflicted on a young man. Last week, the Oversight Commissioner pub- What is the status of the various amendments lished the 16th report on policing reforms in to the Good Friday Agreement, which were the Northern Ireland. The report broadly spelled out subject of a comprehensive agreement in a positive assessment of the pace of policing December 2004? Have they been withdrawn or reforms there. It is clear that much progress has are they to form the basis for the negotiations been made in implementing the Patten recom- which will I hope take place shortly? mendations. The report shows that 124 of the 125 What is the Taoiseach’s view on the latest Patten recommendations have been confirmed as report of the Police Oversight Commissioner? fully achieved, which is an enormous success. It is Does he share his concerns about MI5 being clear that progress still needs to be made in a given primacy in security matters? Has the number of key areas, including the one the Taoiseach taken the opportunity to raise the Deputy raised concerning the primacy of MI5, the question of restorative justice committees with impact of the RPA’s part-time policing bodies Prime Minister Blair? Is there any appreciation and the police college. Agreement has not been on the British side of the concern in the wider reached on these matters among others. We have community in Northern Ireland about the influ- spelled out our position on the primacy of MI5 ence these committees will have with statutory and what should happen but there have been no backing, if for example, as is feared in a number new developments in this regard. Those who of areas about which I have received represen- watch overall policing matters in the United tations, they are captured by former paramilitary Kingdom tell me it is unlikely that the British people, who with the official support that is there Government will move away from what it has for the work of restorative justice committees decided. This was decided in the context of what hold sway over communities in a fashion that I will happen in the UK. I understand there is no am sure the Taoiseach would not countenance? great appetite on anyone’s part to move away from this position, despite the arguments that The Taoiseach: The amendments to which the have been made in Northern Ireland. Deputy referred were agreed between the A number of concerns have been raised about Governments, the DUP and Sinn Fe´in as part of restorative justice committees, including how the 2004 comprehensive agreement that dealt they would function, who would be involved and with the operational strands one, two and three of the strictures under which they would operate. the Agreement. They were discussed throughout 2004 as part of the ongoing review of the oper- While the committees have a role in encouraging ation of the Agreement. Some of the operational people to engage in their communities, they can changes were rather technical but they formed only work effectively and safely where there is a the basis on which the DUP were prepared to direct link with policing, otherwise all kinds of work the Agreement in early December 2004. extraneous issues will arise. There have been They did not form part of the recent legislative some good pilot schemes but such committees changes passed by the British Government and can only function properly if the police are were excluded from the new Bill. We will inevit- involved, rather like neighbourhood watch, com- ably have to revisit them in the coming weeks. I munity alert and the various policing forums assume most will form part of the DUP demands which operate under the aegis of Garda chief during the negotiations. The British emergency superintendents. Some people may argue that it legislation which provided for the return of the is possible to make progress otherwise and I do Assembly on 15 May did not address the matter not deny that but, ultimately, restorative justice so further legislation will be required if any of the committees must have a direct police input to amendments are subsequently agreed. There are work effectively and stop trouble in communities. sensitivities over the issues and the SDLP had That has been my view all along on the matter. 703 Ceisteanna — 13 June 2006. Questions 704

Mr. F. McGrath: As regards the lack of move- preparation for Government committee to do its ment in the peace process, does the Taoiseach work in the coming weeks, make progress — it have any new, radical proposals to bring the cycle can keep at it over the summer, if necessary — of non-negotiation to an end? As for the DUP’s meet the November deadline, get the Executive non-participatory role, I ask the Taoiseach to back up and running and be part of these major urge business, union and civic leaders to use their decisions. Anything else makes no sense. clout to move the process forward, especially the Important issues affecting health, education and non-negotiation aspect from the DUP sector. local government in Northern Ireland remain to Does the Taoiseach agree that those with an be dealt with, which will require the input of electoral mandate have duties and responsibil- locally elected political leaders. We need them all ities? If so, he should urge them to get on with it. to realise that. If there is no movement by November, the clos- I urge the DUP, in particular, to take on its ure of Stormont should be considered. The responsibility and to work and engage with Sinn Taoiseach could then invite all the Northern rep- Fe´in in making these processes work. That is resentatives who are interested to come to the what I want and what every reasonable person Da´il and get involved in negotiations with parlia- would want to happen in the weeks ahead. mentarians here in the South. Does the Taoiseach agree that elements of civic Mr. Sargent: I want to associate myself with the society are far ahead of the political representa- remarks made and to express my utter disgust at tives with regard to non-sectarianism on this the attack on the son of Ms Nuala O’Loan. I hope island? A recent example involves a good friend the perpetrators are apprehended quickly. It is of mine, a Shelbourne football club supporter, clear that justice can win out against such who was invited by the Linfield club to visit its thuggery. ground. On a return visit, the Linfield supporters In indicating that he welcomes dialogue and will travel down in a few weeks’ time to watch wants the parties to engage, I presume the the European match involving Shelbourne. Those Taoiseach is referring to north of the Border. As in the civic sporting sector seem to be way ahead we have been saying, parity needs to operate of the so-called political leaders when it comes to North and South. Will the Taoiseach give dealing with the issue of sectarianism. Will the expression to his wish for dialogue on this side of Taoiseach encourage these people and support the Border and ensure that Opposition parties them? not only are welcome to knock on his door, which is a passive type of engagement from his point The Taoiseach: That is a good point. As the of view, but to take the initiative in establishing Deputy knows, I have met business leaders and dialogue with parties on this side of the House to with civic society groups. I have urged them to move the process forward? engage actively and to involve themselves in Are the cross-Border bodies able to proceed encouraging the political process, and they have now without further impediment? Will matters done so. To be fair, a number of the political par- related to cross-Border dialogue, such as the ties have been working hard to make linkages and register of persons unfit to work with children, engaging with others by assisting them and trying proceed given they have been in abeyance for so to build partnerships. All that is very positive. long? Can other matters that require harmonis- What happened recently in sport, in the success- ation, such as rural environmental protection, the ful matches held here and in Derry during the EPA, illegal dumping, diesel laundering and so Setanta Cup, at which there were no difficulties, forth, also proceed? Will the Taoiseach ensure was greatly encouraging. Many people are this happens regardless of what happens with involved and the political process has also played the Assembly? a part, which I acknowledge. The answer would be a simple one if we simply The Taoiseach: On the last point, the work of needed to implement a great new idea. The great the North-South bodies continues on the same new idea is very simple, namely, that the new basis as it has in recent years. They are doing use- preparation for Government committee gets on ful work in a range of areas but in the absence of with its work and prepares for Government. We an executive, they are unable to complete a have given it a clear chance so that, in the coming number of issues. This is a pity and is another weeks, it can deal with all the issues with which example of where important work remains to be it needs to deal and come to a resolution of these dealt with. While there is an enormous amount of issues, especially those arising between the DUP activity on health, education, business, agri- and Sinn Fe´in.TobefairtoSinnFe´in, it is wait- culture, fisheries and in other areas, certain func- ing and willing to deal with these issues. It is only tions and roles cannot be completed without an when those two parties and the other parties join executive. That continues to be a problem. together that they can make progress. It is vital On the Deputy’s first question, at this stage the they do so. engagement is at the preparation for a govern- As I have said, if we must implement a plan B, ment committee and with the parties in the we will do so. However, that is far from what I North. While I and my officials keep in touch would like to happen. The right way is for the with them on a daily basis, it remains at their 705 Priority 13 June 2006. Questions 706 level. It is an encouragement that they can get on to the European Commission. The Government top of this. As I said earlier, Prime Minister Blair will shortly publish a consultation document on and I will have a meeting with the parties later measures to enhance the national climate change this month, as we promised we would last March. strategy and build on our recent initiatives in areas such as biofuels and renewable energy Priority Questions. grants.

———— Mr. O’Dowd: I welcome where progress has been made in certain industrial sectors, partic- ularly agriculture. Indeed, carbon emissions by Greenhouse Gas Emissions. manufacturing industry are down. However, the 52. Mr. O’Dowd asked the Minister for the key issue is that we are still above our Kyoto tar- Environment, Heritage and Local Government get. According to the EPA website, we are his views on the findings of the European Envir- approximately 25% above our limit. Can the onment Agency’s report entitled State and Out- Minister say by how much the Kyoto limits will look 2005, which shows Ireland has a poor record be exceeded by 2010 and 2012 and what he on the control of greenhouse gas emissions and intends to do about transport? According to the agency’s view that Ireland still faces a signifi- information published by the Central Statistics cant challenge in meeting its Kyoto Protocol tar- Office last month carbon emissions from cars are gets; and if he will make a statement on the up 60% from 1990. What will he do about that matter. [22804/06] and, particularly, how will he address the national spatial strategy which is all about people living Minister for the Environment, Heritage and near their jobs and having sustainable develop- Local Government (Mr. Roche): The report of ment and growth? the European Environment Agency, EEA, was published 1 November last. Since then, I engaged Mr. Roche: We are talking about ten percent- in extensive discussions on the report at a sub- age points above the target at present. sequent meeting of the Joint Committee on Environment and Local Government. Mr. O’Dowd: That is 23%. The report is based on 2003 data. While it showed Ireland to be approximately 12% above Mr. Roche: Ten percentage points above—— its Kyoto target, the latest EPA data for 2004 show that emissions were just 10% above target. Mr. O’Dowd: That makes it 23%—— The European Environment Agency did not take Mr. Roche: One can jig it whatever way one account of these data, given that they were not wishes. available. This target, of course, is to be achieved in the 2008-12 period. In addition, the most recent Mr. O’Dowd: 10% plus 13% equals 23%. EPA data showed that in terms of distance from the Kyoto target, Ireland has approximately 2 Mr. Roche: Our target is 13 percentage points million tonnes per year less than previously above the 1990 figures. There is no point in estimated. adding the 13 percentage points to the ten per- There are three strands to the Government’s centage points. That would be a miscalculation approach to achieving the further reductions and I am sure that is not the Deputy’s intention. needed to meet the significant challenge rep- The target we have to reach is ten percentage resented by our Kyoto target: emissions points from our present levels. We are above our reductions or purchase of carbon allowances by target and the challenge is huge. A whole spec- installations participating in the EU emissions trum of measures is needed to reach our target. trading scheme, use of the Kyoto Protocol flex- First and foremost there will be some purchase. ible mechanisms by the Government to purchase That is a legitimate approach within the Kyoto credits for carbon reductions elsewhere in the protocol well envisaged and well operated. The world and measures to reduce emissions through- prognostications of ruinous amounts of cost do out the economy including those set out in the not appear to be accurate in that regard. I agree national climate change strategy, other measures with the Deputy that the central hypothesis in his which have subsequently been introduced and supplementary question was that we have to look further initiatives to be identified in the review of at a whole range of issues relating to transport the strategy. The breakdown of the national bur- and transport modes. The Government is den between these three strands is intended to investing and will continue to invest a vast allow Ireland achieve the target in the way which amount of money in Transport 21. Transport 21 imposes the least cost on our economy. aims to get people out of cars and into public The total allocation of allowances to the emis- transport. The Deputy will accept there are settle- sions trading sector for 2008-12 was recently ment patterns in Ireland that are unique to announced by the Government, and the Environ- Ireland and some 40% of people live in areas out- mental Protection Agency is drawing up the side urban areas. There is a variety of other detailed national allocation plan for submission approaches that have to be looked at. I agree the 707 Priority 13 June 2006. Questions 708

[Mr. Roche.] burden on young couples and families in view of challenge is huge. We have to improve the insu- the publication of the affordability index by EBS lation levels in homes, introduce new standards Building Society and DKM consultants which for homes and, as we did in budget 2006, we have shows that up to 32% of household income of to introduce incentives for biofuels, alternative first time buyers in Dublin goes to financing a fuels and renewable energy sources. I am not in mortgage; and if he will make a statement on the the least diminishing the extent of the challenge matter. [22805/06] but the strategy which is in place is one that will get us to where we need to be. Minister of State at the Department of the Environment, Heritage and Local Government Mr. O’Dowd: Does the Minister believe he will (Mr. N. Ahern): I propose to take Questions Nos. achieve that target, particularly, in the area of 53 and 55 together. transport? We have not succeeded in getting I am aware of the house price affordability people out of their cars. The transport corridors index referred to and also of the trend in afford- are not available. Commuting takes much longer ability as measured by the index compiled by my given the long queues of cars emitting carbon Department to assist in monitoring developments dioxide. Would the Minister consider a forum in the housing market. such as that held in the UK recently between all Despite increased house prices, affordability the major carbon polluters in industry throughout has remained relatively favourable. This is the United Kingdom? They had a summit at because of the substantial improvement in which targets over and above those of the Kyoto employment and incomes due to our economic protocol were defined. If we got together, not- success and the fact that large reductions in per- withstanding the Kyoto limits, we could make a sonal taxation have further boosted take-home massive effort to reduce carbon emissions and pay. These factors, coupled with low interest rates prevent climate change. and the uptake of longer term mortgages, have kept mortgage repayments relatively affordable. Mr. Roche: I do not disagree with the Deputy Also first time buyers are entitled to mortgage that there would be value in looking at the issue interest tax relief on higher amounts of interest, but we should not take a lesson from the UK. up to \8,000 in the case of a couple, for the first As we are aware it is using the arguments about seven years of the loan. Nonetheless, borrowers climate change and meeting the Kyoto targets as and lending institutions should exercise care in a thinly veiled excuse to develop the nuclear regard to the level of new mortgages, particularly debate. The Deputy is correct in saying that in the context of an upward trend in interest society will have to meet the challenge and that rates. Government direction alone will not change the My Department’s affordability index shows habits of a lifetime and particularly those relating that mortgage outgoings as a percentage of net to transport modes. I have not looked at the income are still less than in the early 1990s. The benefits of the type of forum suggested but I am recent EBS index showed that the average pro- certainly willing to consider it. It is a matter we portion of net income required to meet mortgage could discuss in the context of the committee. It repayments is well within recognised affordability is something I would not rule out. criteria and within the limits applied by lending institutions in deciding mortgage applications. House Prices. The affordability position improves further when 53. Mr. Gilmore asked the Minister for the measured on the basis of typical first-time buyer Environment, Heritage and Local Government if prices, longer-term mortgages and more rep- his attention has been drawn to the publication resentative levels of joint income. of the affordability index for house prices by EBS The relatively favourable affordability figures Building Society and DKM economic consultants; help to explain why demand in the housing his views on the index and its findings and in part- market continues to be very strong. Housing icular on the conclusion that first-time buyers are demand has been driven primarily by the strength spending an average of 27.25 per cent of their net of the economy and unprecedented population income on mortgage repayments which is 4.25% growth in recent years, particularly the very high higher than in 2000; his further views on the level of immigration related to economic growth. Dublin figures which show that first-time buyers In response, Government has taken action on a in Dublin are spending an average of 32% of net wide front to maximise access to home owner- income on servicing their mortgages; the ship, particularly through measures to promote measures the Government are contemplating to adequate supply of housing to meet demand. address continuing house price rises in view of increasing interest rates; and if he will make a Mr. Gilmore: The affordability index by EBS statement on the matter. [22628/06] Building Society and DKM economic consultants indicates that the first-time buyer couple 55. Mr. McCormack asked the Minister for the nationally spends \1,300 per month on a mort- Environment, Heritage and Local Government gage and a first-time buyer in Dublin spends the steps he will take to alleviate the financial \1,700 per month on a mortgage, that is \325 per 709 Priority 13 June 2006. Questions 710 week nationally and \425 per week in Dublin. perhaps sadly, the typical mortgage now is more Does the Minister of State consider that is afford- likely to be 35 years than 25 years. I am not pro- able or does he agree with the assessment made moting such mortgages but they are a fact of life. by the economist from DKM consultants who If one has a 35-year mortgage, one’s affordability said we are now approaching the peak of afford- index improves greatly from what was published ability and that the current level of house price last week. rises is not sustainable? It is always a struggle for first-time buyers and prices have certainly increased but, because we Mr. N. Ahern: Are those prices affordable? have a booming economy, people’s wages have Relatively so, people seem to be getting by and increased, their tax bill has decreased and interest there is still a significant number of first-time buy- rates are still at historically low levels, the overall ers in the market. Some 45% of mortgages for affordability, while it has worsened in recent new houses are to first-time buyers. It was always years, has not worsened to the extent to which difficult for a first-time buyer be it now or ten or people may think it has. 20 years ago. Whenever any of us had a mortgage it was always difficult in the early years. Our own Mr. Gilmore: I put it to the Minister of State index shows that in the early 1990s people were that it is spurious comparing affordability now paying a higher percentage but the position with affordability in 1991-92, when interest rates relaxed after 1992. I am concerned about price shot up dramatically on foot of the currency increases. There is no doubt that since this time speculation which took place at the time, and last year prices have begun a new upward spiral. which was unique to those years. The most I do not agree that price increases of 15% or 16% recently published figures show house price for second-hand houses in Dublin are sustainable increases in the first four months of this year are in the long term. I sincerely hope what we are the highest in six years since the early part of seeing now is only a short-term blip and that the 2000. situation will soon calm down. We were making Can the Minister of State give some expla- much progress over a few years and, 15 or 18 nation to the House why house prices are now months ago, many of the experts said that rising, especially given the very high level of out- increases last year might have been only 5% or put from the construction industry and the 6%. For whatever reason — partly, I imagine, increase in supply of housing? Does he consider because of 100% mortgages and 90,000 extra jobs that Irish houses are now over-priced? in the economy — prices took off into a new spi- ral about this time last year, which is worrying. Mr. N. Ahern: If houses are over-priced, why are prices rising? I suppose they are rising for Mr. McCormack: The Minister for the Envir- different reasons, namely, because an extra onment, Heritage and Local Government, and 90,000 people were working in the economy last this Government, said in the past that although year and because we had 55,000 immigrants into house prices are high, interest rates are low, so Ireland last year, people who are at the age when that houses have remained affordable. Does the they rent or buy houses. The house price rises Minister of State now accept that, on foot of the were partly due to those factors, but also because EBS report, this is no longer the case? Will the of a policy started about this time last year by the Minister of State comment on reports at the financial institutions. They introduced gimmicks weekend that if interest rates continue to rise, as such as 100% mortgages, interest-only mortgages is forecast, the loan amounts for which first-time and intergenerational mortgages. The financial buyers will be eligible will be slashed by about institutions which started that trend this time last \100,000? Does the Minister of State accept that year contributed greatly to the house price rises. such a scenario could result in a slump in demand The spiral of house price rises calmed down over for houses and the devaluing of houses as a a few years to rises of some 7% or 8%, but we result? Is the Minister of State aware of the anger now have a new spiral of rises of up to 15% or which exists among young people buying houses 17% for second-hand, established houses in sub- and among their parents, who in many cases are urban Dublin. trying to help them to buy houses, and all of There is nothing we can do to produce extra whom face a difficult situation? houses such as those. One can build houses and apartments further out of the city, but the estab- Mr. N. Ahern: It has always been difficult for lished houses, whether they are in Du´ n people buying their first houses. Nothing has Laoghaire, Merrion, Glasnevin, Drumcondra or changed. The new Department index, which we wherever, see great demand from people who have compiled for many years, was published last possibly bought outside the city and are moving week and is relatively up to date, indicates that back in. affordability was worse around 1990-91, and then The spiral we are in is worrying. It is partly due eased off. This and the EBS report are based on to the booming economy and partly due to the a 25-year mortgage. They use figures below the fact that the financial institutions seem to have a normal affordability index which a lending great deal of money and are being too generous agency would use. It may be good or bad but, in handing it out. If the rainy day comes and 711 Priority 13 June 2006. Questions 712

[Mr. N. Ahern.] Mr. McCormack: What about stamp duty? interest rates are significantly increased, I hope that all the loans given out will have been stress- Mr. N. Ahern: I am not the Minister for Fin- tested, which they are supposed to be. Otherwise ance and will let him decide on that. concern could arise. Mr. McCormack: The Minister of State has Mr. McCormack: The Minister of State seems special responsibility for housing. to suggest that longer-term mortgages are the sol- ution to young people’s problems in this regard. Mr. N. Ahern: Yes, but stamp duty is a matter He acknowledged that 40% of houses are now for the Minister for Finance. It has been adjusted bought by first-time buyers, and that house prices before and I am sure it will be adjusted again. Let have risen. No doubt the Minister of State is us be consistent. The last time it was adjusted, the aware, as I am, that a first-time buyer cannot now Opposition accused us of putting up prices. Which way does it want it? There are many buy a second-hand house in Dublin city for less \ than \317,500, the cut-off point for stamp duty. houses available for under 317,500. After that, the Government takes at least \10,000 Mr. McCormack: We do not want first-time or \15,000, depending on house prices, from buyers paying \15,000. hard-pressed young people trying to buy their first houses. I know this from practical experience Mr. N. Ahern: There is a tendency to get because two of my children are trying to buy carried away with the average house price. There houses in Dublin and cannot buy a second-hand \ are many affordable new houses, even in Dublin, house for anything near 317,500. They are being under \200,000. Plenty of second-hand houses are penalised further by the Government for \10,000 \ \ priced well under 300,000. I accept the figure is to 15,000 in stamp duty, depending on the under pressure but the first-time buyer is still a house price. major player in the housing market. The stamp duty cut-off figure was introduced in the previous budget. I knew it was too little at Mr. McCormack: The Government still takes the time. Will the Minister of State consider, \15,000 off the first-time buyer. given the way house prices have increased, recommending that this stamp duty exemption Nuclear Policy. limit be raised to at least a realistic figure such as \450,000 so that young people buying their first 54. Mr. Cuffe asked the Minister for the Envir- houses — and most of the houses coming on the onment, Heritage and Local Government his market are second-hand — are not penalised by views on whether Ireland’s nuclear policy as the Government by a figure of \10,000 to \15,000 presented by his Department’s submission on top of the exorbitant prices they pay for (details supplied) to the British energy review is houses? compatible with Ireland’s membership of and part-financing of EURATOM and if the credi- Mr. N. Ahern: I am not recommending that the bility of that policy would be strengthened if answer to affordability is longer-term mortgages. Ireland withdrew from EURATOM. [22848/06] I am simply saying they are a fact. Many people Mr. Roche: The recent submission by the are now getting 35-year mortgages. I heard of Department of the Environment, Heritage and some financial institution spokesperson talking of Local Government to the British energy review intergenerational mortgages. Maybe that is a con- consultation process affirms the Government’s cept yet to come in, but such institutions are using position on general nuclear power and, in part- other financial gimmicks. icular, UK nuclear policies. The real solution is supply. We have tried to The Government’s concerns over the current create that supply. Last year was the 11th year of and future UK policy on nuclear energy relate to overall increase in output, and this year’s output the potential impact on the environment and figures are running ahead of last year’s figures. health of Irish citizens. In particular our issues relate to the Sellafield nuclear plant where there Mr. McCormack: Would it be better if the are ongoing safety concerns, the potential for a Government were not taking stamp duty from serious accident or incident and the ongoing first-time buyers? radioactive discharges to the Irish Sea, all of which remain to be resolved. Mr. N. Ahern: I am sorry if I keep repeating The Government would have favoured an the same figures, but the output figure for last extensive review of the EURATOM treaty in the year was 81,000, while 14 or 15 years ago the fig- EU constitution discussions, leading to a signifi- ure would typically have been about 20,000. The cant updating of its provisions. It has made clear level of output by the industry has hugely that this continues to be its position. It is increased. Under any law of economics, supply important, however, not to lose sight that EURA- should sooner or later equal demand, which TOM does good work in health and safety areas. should bring a bit of sense to the situation. In the absence of consensus among member 713 Priority 13 June 2006. Questions 714 states to update the EURATOM treaty, the next generation of nuclear reactors. How can the Government’s policy is to steer EURATOM’s Minister claim he is doing everything he can to activities towards nuclear safety and radiological shut the Sellafield plant when taxpayers, through protection. EURATOM is active in both areas. his intercession, are funding research into the For example, EURATOM Directive 96/29 lays nuclear industry to the tune of \8 million? down basic safety standards for the protection of workers and members of the public from the dan- Mr. Roche: The hypotheses on which Deputy gers of ionizing radiation. It represents major Cuffe bases his assertions is false. I suspect the legislation in radiological protection. Deputy knows just how false it is. No a` la carte Membership of the EU obliges Ireland to make attitude can be adopted in the contribution to the its contribution to the EU budget. There is no EU budget. I could debate long and hard with separate contribution from Ireland towards the Deputy Cuffe on my personal views on EURA- budget of EURATOM. Accession to the Euro- TOM. I did so during the course of the Conven- pean Union has been of such major benefit to tion on the Future of Europe. Ireland and Austria Ireland that I do not see any public appetite to stood alone on that issue and towards the end of withdraw. Membership of the EU does not come the convention, it was Ireland, Austria, Germany, with a` la carte options. Sweden and Hungary which pointed to the inad- Following the recent European Court of equacies of EURATOM and sought a review. It Justice decision regarding jurisdiction on the is false for the Deputy to suggest that any matter of the legal dispute between Ireland and member state can hypothecate moneys it makes the United Kingdom concerning the com- to the EU budget. There is no point in recreating missioning and operation of the MOX plant at that false premise. Every member state makes a Sellafield, I expect a more active and visible role contribution to the EU budget and it is used in a by the Commission in this area. I have made it variety of ways. clear to three EU Commissioners — Stavros If the Deputy were to ask me if I believe fund- Dimas, Commissioner for Environment, Franco ing for EURATOM is the most prudent use of Frattini, Commissioner for Justice, Freedom and European taxpayers’ funds, I would say no Security and Andris Piebalgs, Commissioner for because of its constitutional arrangement. If he Energy — that having taken Ireland to the Euro- asked me if it could be better spent, I would agree pean Court of Justice on the matter, I expect the with him. However, it is simply untrue, deliber- Commission to show the same enthusiasm to pur- ately misleading and mendacious to suggest that sue the UK on it. any member state government would have the opportunity to ring-fence its allocation to the Mr. Cuffe: I take issue with the suggestion that EU budget. we must go with the prix fixe´e menu. I believe The future of the EURATOM treaty must be we can eat a` la carte. Other member states have debated. As a member of the Convention on the requested that part of their contributions to the Future of Europe, one of my regrets was that it EU budget are not given to EURATOM. EUR- did not enter into that area. I forecasted accu- ATOM receives \1 billion of the \100 billion rately that citizens in Europe concerned with the annual EU budget. Much of that money is spent issue, whether they lived in a nuclear-powered on researching the next generation of nuclear state, would take a view on it. Their concerns can reactors. Ireland contributes \8 million every be attributed — in a small part — to the diffi- year to the EURATOM budget, spending more culties into which the constitutional treaty got. on it than it spends on the Radiological Protec- The Government has no enthusiasm for the type tion Institute of Ireland and nuclear safety. of EURATOM activity described by the Deputy. How then can the Minister look the UK Prime Minister, Mr. Tony Blair, in the eye and tell him Mr. Stagg: On a point of order, as the Minister to shut the Sellafield plant when the Government responded to my Parliamentary Question No. 56, spends millions of euro on EURATOM? How I assume he intended to take the two questions can the Minister take a case to the European together. Court of Justice regarding the MOX plant when the taxpayer is funding research into the next Mr. Roche: No, I intend to respond fully to generation of nuclear reactors? Some reports Deputy Stagg’s question. presented to the Oireachtas Committee on the Environment and Local Government show that Mr. Stagg: The Minister responded to my ques- EURATOM is conducting research into gas- tion fully in that reply. I look forward to a fuller cooled fast reactor systems, lead-cooled fast reac- response to my question. tor systems, molten salt reactor systems, sodium- cooled fast reactor systems, supercritical-water- Mr. Cuffe: All bets are off regarding the future cooled reactor systems and very high temperature of the European constitution. There is now a role reactor systems. EURATOM is not about nuclear for smaller member states to take the lead in sug- safety but about pushing the nuclear energy gesting their concerns regarding the constitution. agenda at a European level. Large amounts of Ireland has been surprisingly mute in its dis- EURATOM funding are going into making the cussion of any aspiration to disengage from the 715 Priority 13 June 2006. Questions 716

[Mr. Cuffe.] quently, the duty to co-operate with and consult EURATOM treaty. Europe Inc. spends more on the Commission on the dispute proceedings with research into nuclear energy resources than it the UK did not arise. It is interesting to note that does on renewables. The Government must stand in discussions between Ireland’s legal team and tall and withdraw from the EURATOM treaty to the legal service of the Commission, it was recog- ensure our taxpayers’ money is spent on renew- nised that these issues were not the subject of able energy rather than on the next generation of settled law at the time. nuclear power plants. I will repeat my question The court judgment on 30 May, inter alia, that was not answered. How can the Government declared that Ireland, by instituting proceedings take a court case to the European Court of against the UK under UNCLOS, failed to fulfil its Justice regarding the MOX plant in the UK when obligations under Community law. The judgment it is contributing millions of euro every year to also established that certain provisions of the future of the nuclear industry? UNCLOS form part of the Community legal order and that the European Court of Justice has Mr. Roche: The answer is simple. Taking court jurisdiction to determine disputes on their inter- action against the UK is the appropriate course pretation and application. Therefore, the of action. We will deal with that when we come judgment represents a significant development to Deputy Stagg’s question. I do not disagree with and clarification of Community law. It means that the Deputy on diverting funding from EURA- the resolution of disputes between member states TOM activities to renewables. Some of our neigh- on a wide range of international agreements, bours are even investing in cleaning up their especially in the environmental field, comes nuclear messes. If the Deputy has any doubts on within the jurisdiction of the ECJ. the Government’s view on nuclear energy, I sug- The judgment presents member states, such as gest he dips into The Accidental Constitution, the Ireland, with new mechanisms for holding other definitive work on the EU constitution. From it member states to account on their transboundary he will see that Ireland did take some significant environmental obligations. These and other interest in that area. issues consequent on the judgment are being examined in detail by Ireland’s international legal Question No. 55 answered with Question team, led by the Attorney General. Ireland’s No. 53. strategy in pursuit of the objectives of this case will be considered and determined by Govern- 56. Mr. Stagg asked the Minister for the Envir- ment based on this examination and analysis. onment, Heritage and Local Government the effect of the recent European Court of Justice Mr. Stagg: Before I comment on the reply I decision that it had jurisdiction in the matter con- wish to refer to the fact that I asked a question cerning the commissioning and operation of the of the Minister concerning nuclear safety, the use MOX plant at Sellafield which Ireland had orig- of iodine tablets to combat contamination, and if inally referred to an international tribunal; and there were any new plans in this regard. The the action he proposes to take arising from this question was transferred to the Ta´naiste and new and enhanced position of the European Minister for Health and Children. Has the issue Court of Justice. [22627/06] of nuclear safety been transferred from the Department of the Environment, Heritage and Mr. Roche: The recent European Court of Local Government to that Department? The Justice decision is about where the dispute question was not just about iodine tablets, which between Ireland and the United Kingdom con- have proved to be useless, as I stated at the time cerning Sellafield should be litigated. It does not they were issued. deal with the merits of the dispute itself. In 2001, I assure the Minister that I support the notion the Government instituted legal proceedings of a cross-party position on Sellafield, similar to against the United Kingdom before the tribunal the approach taken to Northern Ireland, but that provided for under the United Nations Conven- should not prevent us from asking questions and tion on the Law of the Sea. The advice available pursuing the Minister if he is not doing a good to the Government at that time indicated that the enough job. Having lost the case, the Minister dispute resolution procedures provided under the raised my hopes by stating that the decision convention were an appropriate avenue for the presented Ireland with great opportunities for litigation of the issues raised for Ireland by the pursuing the matter at the European Court of continued operation of Sellafield. This advice was Justice. He took a positive position on the matter. based on the best analysis as to the state of Com- There is only a year left in the Government’s munity and international law at the time. The term of office, no matter how long it is stretched. action in going to UNCLOS was widely wel- Up to now, the effect of all the actions taken by comed politically in this House. the Minister is that he has failed in a court case. The European Commission contested Ireland’s What is the novel range of opportunities for hold- right to take proceedings under UNCLOS pro- ing the UK to its obligations and how does the cedures. Ireland considered that national com- Minister intend to pursue the matter with the UK petence operated in this area and that, conse- authorities? In his reply the Minister stated the 717 Other 13 June 2006. Questions 718

Department is examining the matter but, as I that the Minister has stated there is now clarity stated, he only has a year remaining to get some and new opportunities, can he give the House positive results. some indication of what is likely to happen, rather than just saying he will examine it in Mr. Roche: I thank Deputy Stagg and acknowl- detail? I am sure he will and I would urge that he edge that he has been most supportive on this would do that, but he should be able to provide issue during my period in office. The judgment of an indication of where we are going on this issue the European Court of Justice is most interesting, and when something concrete will be done. We especially if one reads it in the context of the earl- know the case which has already been stated in ier opinion given by the Advocate General. A the other forum so it is a matter of transferring it most interesting new law was enacted on the to the new forum that is now available to us. jurisdictional right of the European Court of Justice in matters relating to this. It is important Mr. Roche: Deputy Stagg is correct, but there to remember that we were in a novel position, in are outstanding issues. Among other things, the sense that one member state was suing Ireland will have to consult the European Com- another member state in an international mission on what exactly the new order means. tribunal. I was not avoiding Deputy Stagg’s question on The interesting point about the court judgment iodine tablets, I would have welcomed the oppor- is that it clarifies certain international agreements tunity to discuss them. However, the issue of iod- that fall within the jurisdiction of the European ine tablets is a matter for the Department of Court of Justice, which was not clear before. Pre- Health and Children. I am sure the Deputy is viously, the view of the legal services was that this being slightly mischievous on this matter because, was an ambiguous area. One of the things that as he well knows, the iodine tablets were specifi- has been leveraged out of this case is a clarifica- cally focused on a particular type of radiation and tion of the position of the European Court of they had a shelf life. They related to the situation Justice. that pertained in Sellafield prior to some of the If one reads what the Advocate General has changes that have occurred. said, which I am sure Deputy Stagg has, he made some interesting comments about a member state Mr. Stagg: That was not what the question was having rights under UNCLOS which could not be about. It related to—— frustrated because of an issue as to where one would take the case. Incidentally, that applies not Mr. Roche: I did not see Deputy Stagg’s only to the United Nations Convention on the question. Law of the Sea but also, potentially, to other international conventions, which makes this a Mr. Stagg: It related to the new safety regime. most important case in terms of the role of the Mr. Roche: The issue of iodine tablets was European Court of Justice. raised. Deputy Stagg will be pleased to learn that The case requires detailed consideration. nuclear safety is not a matter for the Ta´naiste and Deputy Stagg is correct that we only have a year Minister for Health and Children. left in office, but my suspicion is that the issue of Sellafield will be ongoing for some time. What has resulted from this case is a new clarity on the Other Questions. Community legal order and the jurisdictional right of the European Court of Justice. Those are ———— the issues which we will now pursue. Deputy Stagg’s point was good and well made. Greenhouse Gas Emissions. Rather than exhaust ourselves occasionally look- 57. Mr. Perry asked the Minister for the Envir- ing for minute differences in opinion on this issue, onment, Heritage and Local Government the it should be something on which we could com- progress to date on his Department’s climate bine our forces. I would like to see this matter change policy; and if he will make a statement on discussed, for example, by the Joint Committee the matter. [22565/06] on Environment and Local Government to see how we could further it because I know Deputy Mr. Roche: The national climate change O’Dowd shares my passion, as does Deputy strategy provides the basis for Government policy Stagg, to see Sellafield closed and a line drawn and action to reduce greenhouse gas emissions in under that sad part of the relationship between the most efficient and equitable manner, and to Ireland and the United Kingdom. ensure that Ireland meets its commitments under the Kyoto Protocol. A variety of measures Mr. Stagg: I thought the Minister’s last inter- adopted by the Government on foot of the vention would refer to nuclear safety and whether strategy are already contributing to reducing the Ta´naiste and Minister for Health and Chil- greenhouse gas emissions. These include higher dren, Deputy Harney, was now responsible for standards of energy conservation provided for in this area. Perhaps he will have an opportunity to the building regulations, cleaner electricity gener- refer to this matter when he replies again. Given ation, increased penetration of renewable energy, 719 Other 13 June 2006. Questions 720

[Mr. Roche.] facility to the train station. Other such facilities grant assistance for householders and businesses are being developed elsewhere and this is some- to support investment in renewable energy thing I encourage. It is a good option for com- technologies, improvements in public transport, muters in less accessible areas. The DART will tax incentives for more fuel efficient cars, and a never go to Roundwood, for example, but its resi- package of excise relief for biofuels worth \205 dents can avail of the park and ride facility in million over five years announced in last Greystones to access it. December’s budget. The national spatial strategy is closely inte- Recently updated projections of greenhouse grated within the general architecture of the plan- gas emissions for the 2008 to 2012 period, which ning system. I am sure the Deputy does not con- include the expected effects of all existing tend it is time to abandon that strategy. measures, show that Ireland will face an average annual distance to its Kyoto Protocol target of Mr. O’Dowd: It is not working because people 10%. This figure is, in fact, approximately 2 mil- are not moving to the provinces. lion tonnes per year less than previously esti- mated. Arising from this study, the Government Mr. Roche: One cannot adjudicate after only recently decided the proportion of the necessary three or four years on the success or otherwise of reduction that should be achieved by the sectors a scheme that is designed to take place over a of the economy included in the EU emissions much longer timeframe. trading scheme. The Environmental Protection Agency is now Mr. O’Dowd: It is not working. in the process of allocating allowances to individ- ual installations in the scheme. The remainder of Mr. Roche: The Deputy and I must agree to the reduction will be achieved disagree on that point. 4 o’clock through measures in the rest of the economy and through the purchase Mr. O’Dowd: People are not moving to the of credits under the Kyoto Protocol’s flexible provinces. mechanisms. To ensure our target is met, a review of the strategy is being finalised in my Depart- Mr. Roche: The Deputy is expressing a politi- ment. This review will provide an updated pro- cal opinion. gress report on implementation and will identify Mr. O’Dowd: People are moving closer to the possible additional measures. I intend shortly to cities rather than further away. The Minister is publish this review as a consultation document not encouraging them to move away in terms of which will inform the preparation of a revised costs and strategy. strategy. Mr. Roche: As the Deputy observed, there has Mr. O’Dowd: While our greenhouse gas emis- been a remarkable increase in population in sions are under control or reducing in agriculture recent years. Who could have forecast the popu- and industry, they are increasing massively in the lation would be more than 4 million in 2006 and transport area. Will the Minister introduce a a projected 5 million by 2020? I believe the latter system to oblige local authorities to provide park figure may be a significant underestimation. and ride facilities outside Dublin and other cities Pressures will continue to arise in such an envir- for those commuters who must, in the absence of onment and issues will be raised in regard to the public transport, drive into the city but would be relationship between transport and planning in prepared to use public transport onward from terms of densities, multi-storey living and so on. these points? It is premature to suggest the national spatial In view of the major increase in population, strategy should be abandoned as part of our con- particularly along the east coast and in the coun- tribution towards the Kyoto strategy. ties surrounding Dublin, does the Minister con- sider it time to review the national spatial strategy Mr. O’Dowd: The Minister is being somewhat to encourage more people to move away from cit- presumptuous. I used the word “changed” rather ies and into the regions? This would serve to than “abandoned”. Thousands of homes have reduce the quantity of carbon dioxide emissions been built in counties Wicklow, Louth and from motorists who currently face a 12 or 13- Meath, and the quality of life is decreasing for hour day. residents who face a commute that means their working day is 12 or 13 hours. If the national spa- Mr. Roche: The Deputy makes a good point in tial strategy were effective, people would move regard to park and ride facilities. In Greystones, out of cities into the provinces and endure shorter where I lived until recently, the huge park and commutes, thus causing less pollution. ride facility is sadly and surprisingly little used. The great hope was that commuters would leave Mr. Roche: I acknowledge the Deputy’s point. their cars there and take the DART into Dublin. However, having laboured in the recent by-elec- I am not sure whether the limited uptake is tion in Meath, we are both aware that the main because of the 200 m walk from the park and ride issue there was infrastructural deficits. Unfortu- 721 Other 13 June 2006. Questions 722 nately, there are people willing to impede infras- corrected before the next Seanad election in little tructural developments. Meath, for example, more than 12 months? needs an efficient road network more than any other county but people who are not representa- Mr. Roche: The seventh amendment to the tive of the populace are impeding progress. The Constitution was put before the people in 1979 House could help in this regard by progressing and many Ministers have stood in my place since the national strategic infrastructure Bill. then. The interesting point about the 1979 amendment is that it was originally introduced to Mr. O’Dowd: I very much support that facilitate the break-up of the NUI, which did not approach. The Minister is being too smart. subsequently occur. I do not believe there is the necessary consensus to facilitate the change pro- Mr. Roche: I do not mean to be smart. It is far posed by Deputy Gilmore within a year. The more important to be humble than smart in many legal difficulties involved have been dis- politics. cussed by the Joint Committee on Environment and Local Government. I am sure Deputy Stagg, Seanad Elections. who is a regular and effective contributor at the meetings of this committee, will be able to inform 58. Ms O’Sullivan asked the Minister for the the Deputy of the issues. Environment, Heritage and Local Government if It is not a simple matter. As the parent of chil- he will promote in Government the need to dren who have graduated from a variety of third expand the franchise of the university panels of level institutions, I believe it would be a positive Seanad E´ ireann elections to include graduates of development for them all to be involved in the all universities and institutes of technology; and if Seanad elections. I would mislead the House, he will make a statement on the matter. however, if I were to say that such change could [19907/06] be implemented by June next year. Mr. Roche: The Report on Seanad Reform, Mr. Gilmore: What is Government policy on published by the Sub-committee on Seanad the matter? Does it intend to maintain the status Reform in April 2004, sets out comprehensive quo or to extend Seanad voting rights to gradu- recommendations for further consideration and ates of all third level institutions? action concerning the composition, functions and ´ future role of Seanad Eireann. It recommends Mr. Roche: As I said, I have established a significant reform of the Seanad electoral system, working group comprising representatives from involving rolling renewal of the Upper House and all sides of the House. the introduction of direct election to a single national 26-seat constituency, with a further six Mr. Gilmore: That is methodology, not policy. seats to be reserved for direct election to a separ- ate higher education constituency to include all Mr. Roche: Perhaps there is too much policy graduates of institutions of higher education in and not enough methodology. the State. At the request of the Taoiseach, I have con- Mr. Gilmore: Is the Minister in favour of vened an informal all-party parliamentary group extending Seanad voting rights? on Seanad reform to assess the extent of cross- party agreement on the sub-committee’s recom- Mr. Roche: Yes, but we have some way to go mendations and to advance, with consensus, pro- to achieve that. It is not simply a case of saying I posals for the implementation of Seanad reform. support such change, we must achieve consensus The group, which I chair, has adopted a prag- across the political spectrum before taking action. matic programme of work, initially addressing I am not convinced such consensus exists. proposals which may attract an early consensus and are capable of implementation in the short to Ms C. Murphy: It is utterly strange that gradu- medium term. The proposals for reform of the ates of different institutions are considered to higher education constituency will require have equivalent qualifications when it comes to detailed consideration by the group in light of dif- securing employment but not in respect of quali- fering views identified in our initial discussions. fying to vote in Seanad elections. There is no The group will meet again this week. reason a decision cannot be made to implement change in this regard. Mr. Gilmore: Will the Government explain to Has the Minister or the all-party committee graduates of the University of Limerick, Dublin considered the increasingly pronounced rural bias City University, Dublin Institute of Technology in terms of the Seanad election given the popu- and all other institutes of technology why they, lation of the east coast is continually increasing? unlike their counterparts in Trinity College The electors to the Seanad are primarily Dublin and the colleges of the National Univer- members of local authorities but their numbers sity of Ireland, are not entitled to vote in Seanad do not increase proportionately with the growth elections? Given his responsibility for electoral in the population of local authority areas. That matters, will the Minister ensure this situation is bias will make the Seanad even more remote 723 Adjournment 13 June 2006. Debate Matters 724

[Ms C. Murphy.] This year for instance, my Department has from people. Is that matter being considered by introduced a new category to highlight the the Minister? importance of waste minimisation, one of the most challenging environmental issues facing us Mr. Roche: No, the point in the question posed today. New prizes have been introduced to recog- by Deputy O’Sullivan relates to a decision made, nise the special situation of large towns and urban by way of referendum, to introduce universal suf- areas in our cities which have seen dramatic frage among all graduates, whether from the increases in population in recent years. These, National University of Ireland or Trinity College. with other minor changes, will continue to ensure As I explained, there are difficulties with that. that Tidy Towns applies to contemporary society I am not sure that the Deputy’s point regarding as much as it did when it was first launched in bias is correct. The electorate of councillors 1958. reflects the reality of where the councils are. If anything, an argument could be made to the con- Mr. O’Dowd: I thank the Minister of State for trary. Nevertheless, that issue is not part of the his reply and welcome the changes that have been work that has been ongoing in the group, nor was made to the competition, particularly for the it a significant part of the work of the sub-com- larger urban areas. In light of the lack of involve- mittee which sat in the Seanad. That sub-commit- ment in community and voluntary organisations, tee dealt with a number of issues, including an will the Minister of State consider new ways of increase in the number of Seanad Members to 65. tackling these problems in the larger towns and It suggested that 32 Members should be directly cities? In the countryside, in rural villages and so elected and that 26 of the seats should be filled forth, there is no problem with active community from a single constituency, using a proportional involvement but as towns get bigger and the com- representation system. It also suggested that 20 muting day gets longer, there is less interest in, Senators should be indirectly elected by county and support for, the community. and city councillors, which is contrary to the view proposed by Deputy Catherine Murphy. The sub- Mr. B. O’Keeffe: I acknowledge what Deputy committee also suggested that the Seanad be O’Dowd is saying and the Department recognises renewed on a rolling basis, with direct elections, the problem he outlines. As well as the waste including in higher education constituencies, tak- minimisation project in the community which ing place every five years. aims to involve more people and supplement the The sub-committee made a variety of radical race against waste campaign, the Department has propositions. However, I do not think we will see also introduced a new overall prize for large them implemented for quite some time. urban centres with populations in excess of 15,000. We are anxious to ensure as much Mr. Morgan: Some 27 years amounts to a lot involvement in the community within such large of foot dragging. urban areas as possible. We see opportunities for areas such as Drogheda, Sligo, Ballymun and Sustainable Development Strategy. Blanchardstown to become involved in the com- petition. We are also anxious to ensure conti- 59. Mr. P. McGrath asked the Minister for the nuity, which is why we have introduced a special Environment, Heritage and Local Government if competition for school children. They are encour- he will make a statement on the progress to date aged to carry out environmental projects in their on the national tidy towns competition. communities to inculcate a sense of pride in their [22568/06] areas. They will, at the same time, benefit from the overall tidy town effort. Minister of State at the Department of the Environment, Heritage and Local Government Written Answers follow Adjournment Debate. (Mr. B. O’Keeffe): The national Tidy Towns competition for 2006 is now under way. Approxi- Adjournment Debate Matters. mately 650 towns and villages from across Ireland will participate this year. In addition to the main An Leas-Cheann Comhairle: I wish to advise competition, this year also sees a special Tidy the House of the following matters in respect of Towns initiative for primary schools and over 200 which notice has been given under Standing schools have registered. The results will be Order 21 and the name of the Member in each announced on 4 September at the national case: (1) Deputy Pat Breen — that the Minister awards ceremony in Dublin Castle. outline the situation with regard to the Carrigah- Almost 50 years after it was launched, the Tidy olt, Cooraclare and Labasheeda sewerage Towns competition continues to play an schemes in County Clare; (2) Deputy Breeda important role in improving the environment of Moynihan-Cronin — the need for a permanent our towns and villages and promoting active driving test centre in Killarney, County Kerry, citizenship at all levels. The project has changed including a HGV section; (3) Deputy Connolly — as necessary with the times and remains relevant to discuss the feasibility of reviewing and increas- to successive generations without altering its core ing the 3% employment target for persons with value of sustainable development. disabilities in the public and private services; (4) 725 Leader’s 13 June 2006. Questions 726

Deputy Naughten — the need for the Minister to which have been involved for a much longer reinstate outpatients transport services in the period. Last year we raised the issue with the HSE western region; and (5) Deputy Sherlock — President, Mr. Bush, and we did so again this the need for the Minister to give a commitment year. We also worked with the lobby group over regarding the future of the accident and emer- the past six to nine months. gency department at Mallow General Hospital. The situation is quite fluid at the moment. The The matters raised by Deputies Naughten, two Bills are quite different and there has been a Sherlock, Moynihan-Cronin and Breen have been great deal of discussion and lobbying about how selected for discussion. they can be brought together. Effort is needed to get the decision made quickly. When I was in the Leader’s Questions. United States two weeks ago, the view of the con- sul general and others in the lobby group was that Mr. Kenny: I wish to raise a matter that is not we should try to secure a decision prior to the a party political one but which might be of some summer otherwise it will be put off into the aut- assistance to the Taoiseach and the Government. umn and the mid-term elections, which could Last week I met a number of emigrant groups force the legislation into next year. Our best and the lobby for immigration reform in the chance is to secure a decision now. There has United States. The Taoiseach will be aware of the been some success with this recently. President plight of, and difficulties faced by, undocumented Bush’s statements on the last occasion when it Irish people in the United States of America. was being voted on proved helpful. During that meeting, the case of a young person who has been in the United States for a number I have no difficulty with the all-party group. It of years was brought to my attention. Her brother is helpful; anything that makes our case is wel- died in Ireland, she was unable to return home come. There are, however, many difficulties. It and listened to the funeral mass over a telephone has become increasingly relevant in the past 18 line. The problem is that many people find them- months to people on the hill. The Irish lobby selves in a very difficult position, being unable to group conducted a very successful campaign earl- return home for family occasions and so forth. ier this year and put its case in a professional way. The point must be made clearly, however, that Key people such as Senators Hillary Clinton, such people are not looking for something for John McCain and Ted Kennedy have all been nothing. They want an opportunity and a rational very helpful and constructive. method of earning citizenship in the United It is still unclear what will happen on 28 June. States, if that is where they want to live. The Minister for Foreign Affairs was in touch I raise the matter in a constructive sense today with the ambassador about this issue and pushed because the immigration Bills that have emerged the case when he was in the United States two from the US Senate and the House of Represen- weeks ago as well. Any effort we can make to tatives are at variance with each other. In such keep the Irish case on the table is of great help. cases, a conference is called between nominated We should keep in touch with the authorities dur- members of the Senate and the House of Rep- ing the process. resentatives to discuss the Bills. The conference to discuss the immigration Bills begins on 28 Mr. Kenny: I thank the Taoiseach for his June. It may be brief or it may go on for some response on an all-party representative group weeks. being able to lobby nominated members of Con- I know that the Minister for Foreign Affairs gress. Serious politics are being played about this was in the United States recently but it would be matter in the United States. President Bush’s helpful if the Government, perhaps through the statement is welcome — on one hand he supports Joint Committee on Foreign Affairs, sent rep- increased security but on the other hand he sup- resentatives of all parties, and none, in an all- ports the right to earn citizenship. island delegation. The SDLP could be included, While an all-party delegation from here might if necessary, or any other party. Such a delegation not have any impact on the eventual direction of could have a focused lobbying and information the Bill, a different view from the House of Rep- conversation with the nominated members of the resentatives is epitomised when speaking to House of Representatives and the Senate. This American Congressmen on homeland security would be helpful in demonstrating that the and immigration. They have a very different view undocumented Irish are of no danger to the US in some cases than when one says “we are talking economy or its security. An all-island presen- here about Irish undocumented”. In that sense it tation to the nominated members would be very would be helpful that representatives from this helpful and I offer that as a constructive sugges- House could make their case directly to those tion to augment the work currently being done. nominated. In the event that the conference fails and it The Taoiseach: I appreciate the question and cannot agree on a compromise or way forward, the spirit in which it is put. An enormous effort and given that during the November mid-term has been made in the past 18 months on this issue, elections, it will be an issue for both Republican although that is not to take from those groups and Democrat politicians could we put in place 727 Leader’s 13 June 2006. Questions 728

[Mr. Kenny.] Has the time not come to state clearly Govern- an arrangement to discuss a bilateral agreement ment policy in this area? People have put down between the US authorities and Ireland? roots in Dublin, their families are in education and their spouses are working. This is not work- The Taoiseach: The best way to make progress ing and the Taoiseach knows it. If the agencies is to make an effort before the summer. Taking have been removed from the plan and the special- the Bill that has been passed by the Senate and ist staff will not go, is it not time to go back to the the Sensenbrenner Bill, we must try to find a drawing board for a complete review of the idea? compatible Bill which brings the two together, which is not easy because of their differing bases The Taoiseach: The Government continues, and the heated arguments over the topic. The through the decentralisation implementation Minister for Foreign Affairs was told that as the group, to work through the proposals with staff. politics play out in this, we need to work closely More than 10,600 civil and public servants have with those watching the day to day activity, the applied to the central application facility to relo- embassy staff, Niall O’Dowd and Grant Lally, to cate and it receives new applications every week. see the best way to make our input. To answer Deputy Rabbitte’s question on the We have made progress since the beginning of current situation, several Departments have been the year through our own lobby group because of prioritised and are working their way through the the responsible way we have fought our case. To system. Regarding property, building acquisition take the Sensenbrenner Bill and the Senate Bill negotiations have been completed in 13 priority and to put them together in one Bill in a short locations for individual agencies or sections. Con- period could be difficult. Perhaps the meeting on tracts have been received for another ten 28 June could drag out. The difficulty is that it is locations for further down the line. Suitable sites not just an election year but there are differences have been identified in a further 15 locations in many places. Last week in California, it was through negotiation. All have identifiable the central issue in a victory for Republicans who sections or Departments moving to them. Agree- took an aggressively negative stance. ment has been reached with the staff side on sev- eral human resource and industrial relations We must keep in touch with everyone but try issues, thus enabling progress on transfers and to use the Senate Bill as the basis because it suits staff promotions. Discussions in other areas are us and would offer a road to permanent residency ongoing. for Irish people like no other proposal. We can As I said a few weeks ago, it obviously cannot decide how best to put forward a delegation be done this side of Christmas, as would have through our committee. happened under the original programme. In the priority areas, approximately 2,500 civil servants Mr. Rabbitte: Will the Taoiseach take this have been identified. Most agencies and sections opportunity to clarify for thousands of people in have agreed and, in those areas, there is no diffi- the employ of the public sector where they stand culty. In certain professional areas, people have in the decentralisation project? Thousands of stated their position and discussions are ongoing. people do not know if they are coming or going IMPACT has put forward a negotiated paper or when they will go if it is proposed to persist from the staff side. The movement of staff within with this plan. and between Departments is under way, and The agencies, numbering at least 2,500 people, approximately 1,500 staff have already been have been removed from it, and of the 1,700 assigned to posts to be decentralised. All Depart- specialist staff in the Civil Service, 20% say they ments have produced implementation plans set- are willing to go under certain circumstances. If ting out the detailed arrangements being put in we add those two figures together, they amount place to plan for relocation. to more than 4,000 of the original 10,300. Why The plan is moving ahead at a slower pace, and is the Government determined to persist with a we require innovative solutions to deal with cer- programme that from day one was badly thought tain issues. In the State agencies, the programme out, ill-judged and purely for political window has not been abandoned. Some are anxious to dressing at the time? This is not decentralisation, move but desire flexibility regarding what has it is dispersal of civil servants and it is damaging been set down hitherto. That must happen, and to the efficiency of Government and undermines the industrial relations section of FA´ S has pro- the national spatial strategy. duced its own resolutions. Other State agencies The extra costs involved will only be calculated will have to do likewise. There is a hard core of in the years ahead. It will be necessary to employ civil servants now preparing to move, and those a parallel Civil Service. If 20% of specialist staff plans are going ahead. say they are prepared to go in certain circum- stances, the same will happen as has happened in Mr. Rabbitte: The Taoiseach is confusing what the Department of Community, Rural and Gael- is happening, presumably deliberately. We are tacht Affairs, which is recruiting new specialist talking about transferring entire Departments, personnel. The implications of losing those and there is no point in confusing that with the specialist skills are unthinkable for governance. fact that there have been applications from civil 729 Leader’s 13 June 2006. Questions 730 servants already outside Dublin to return to their moving ahead. They cover approximately 2,500 town or village of origin. That is a different civil servants from those listed, and that is sub- matter, and it ought to be facilitated in the Civil stantial. Service. The agencies are different, and I will not com- The Taoiseach is proposing to transfer Depart- plicate matters because they must be handled ments out of the capital lock, stock and barrel, differently. FA´ S reached a resolution last week. contrary to the entire literature on the issue. Most We opened the Marine Institute in Galway, which people who have read and studied the issue have has brought all its professional staff, bar a handful made clear that removing the brain of the Civil — I believe 20 out of 180. Those highly qualified Service from ready access to Ministers will professionals are successfully being moved from damage the coherence of Government. Anyone several Dublin locations to Galway, and that can who knows anything about the matter will agree also happen in other agencies. Others will be that one needs access to the key people. slower, and I accept Deputy Rabbitte’s point that removing a hard core of departmental policy An Ceann Comhairle: The Deputy’s time is units would create difficulties, especially during concluded. parliamentary sessions.

Mr. Rabbitte: Confusing that with people Mr. Rabbitte: The Taoiseach is doing just that transferring between Donegal and Kerry or in eight Departments. Offaly and Galway is neither here nor there. Since the only time that the Government will An Ceann Comhairle: Please allow the contemplate establishing an all-party committee Taoiseach to speak. is when it is deeply in trouble and wishes to share blame and responsibility, is this not an issue on The Taoiseach: However, the Deputy is talking which there should be an all-party review dealing about a small hard core, and all Members who with implementation from the very beginning? It have been in Government, including the Deputy, is desirable to relocate people out of Dublin know that policy units are small. That issue is where feasible to address regional imbalance. It being discussed in the implementation group and is also desirable to transfer young civil servants it has been put forward by senior civil servants, who wish to return to their county of origin, but especially from the higher grades. Their case must that cannot be done the McCreevy way. be listened to because the process is voluntary and the Government has stated throughout that An Ceann Comhairle: The Deputy’s time is we will consider such arguments. IMPACT and concluded. other Civil Service unions, including the Associ- ation of Higher Civil and Public Servants, have Mr. Rabbitte: The Taoiseach has now admitted advanced their views. that. The former Deputy, Mr. McCreevy, said On the other side, there are far more people that it would be a catastrophe for the Govern- from a large number of sections, including large ment if it had not implemented the programme portions of, if not all, Departments, who want to by Christmas. The Taoiseach will have none of it move. The restructuring of levels the Deputy implemented by that stage and is chalking up mentioned is proceeding without any great dis- great additional costs for the taxpayer. He is pur- ruption to Departments or units in the Civil chasing property for which there may be no occu- Service. We are not trying to move 10,000 people pier and he is not clearing the buildings for sale over the next two years. We are dealing instead in Dublin that he imagined. with perhaps 2,500 — a much more manageable The whole thing is a mess and an all-party number. That is what the implementation group review, given the central importance of the issues, is doing, and I believe it will succeed. would be a way forward. It could then be done on a workable basis that had been negotiated and Mr. Sargent: Last Wednesday, the Minister for planned, in keeping with some kind of spatial Transport, Deputy Cullen, told me that he knew strategy and with regard to the real problems that that no prisoners have gone, or will go, through the Taoiseach is now creating for civil and Shannon on the way to Guantanamo Bay or any public servants. other torture chambers throughout the world. Since then, we have heard of three suicides at An Ceann Comhairle: I ask the Deputy to give Guantanamo, and the Taoiseach may have heard way to the Taoiseach. President Bush’s Administration responding. Rear Admiral Harry Harris said that the suicides The Taoiseach: I have stated in the House in were an act of “asymmetrical warfare” against the recent weeks that we cannot implement the prog- US. He may also have heard the Assistant Sec- ramme within the timescale first envisaged but retary of State for Public Diplomacy, Ms Colleen that there are priority areas where advance nego- Graffy, describe the three suicides as a good tiations with the staff side have been undertaken public relations move. Today, it was found that a to move specific sections or units of Departments. prisoner had secretly been on board a US-hired That is the clear position, and those plans are civilian aeroplane. He had been handcuffed and 731 Leader’s 13 June 2006. Questions 732

[Mr. Sargent.] tarian law. I understand the Irish Government manacled, supposedly for a minor transgression. was the first government to call for the closure of The US authorities said that there had been an Guantanamo Bay and did so long before other administrative error. EU governments. I share the view expressed by Given the Government’s position regarding many people, including the Secretary General of such activities, if the prisoner had been found to the United Nations, Kofi Annan, that those held be en route to a torture camp in breach of inter- at Guantanamo Bay should either be charged or national law, it would be guilty of collusion and released and that the US should close the facili- complicit through having accepted mere diplo- ties. We have expressed this view on highly desir- matic assurances. That much is clear when one able humanitarian grounds. I agree with Deputy reads the law. Sargent’s comments. According to Article 4 of the United Nations As the Minister for Foreign Affairs stated, a Convention Against Torture and Other Cruel, civilian aircraft carrying US military personnel Inhuman or Degrading Treatment or Punish- landed at Shannon Airport for a technical ment, which was signed on 10 December 1984 in refuelling stop on route from Kuwait to the US. New York: It emerged on Monday that US authorities had Each State Party shall ensure that all acts of inadvertently failed to seek the consent for this. torture are offences under its criminal law. The Such transfers of prisoners are permitted under same shall apply to an attempt to commit tor- international domestic law, however consent was ture and to an act by any person which consti- not sought. The Minister for Foreign Affairs tutes complicity or participation in torture. raised this with the US ambassador last night and undertook to examine our procedures to ensure According to Article 16 of the Convention on that these events do not re-occur. International Civil Aviation, which was signed on 7 December 1944 in Chicago: Mr. Sargent: I take it the Taoiseach has no The appropriate authorities of each of the jurisdiction over Guantanamo Bay but he does contracting States shall have the right, without have jurisdiction over Shannon Airport. This is unreasonable delay, to search aircraft of the the substance of my question. Does the Taoiseach other contracting States on landing or depar- accept Senator Dick Marty’s clear understanding ture, and to inspect the certificates and other that flights used for rendition purposes have used documents prescribed by this Convention. Shannon Airport? Ireland was effectively found guilty of negligent collusion with the secret deten- tion and unlawful interstate transfers of persons An Ceann Comhairle: Deputy Sargent’s time by the US military and the Central Intelligence has concluded. Agency by the Council of Europe’s committee on legal affairs and human rights. The Taoiseach has Mr. Sargent: I have read out international law been asked by the Council of Europe, the EU in respect of this issue which applies to all coun- Network of Independent Experts in Fundamental tries. Can the Taoiseach quote legislation to sup- Rights, Amnesty International, Human Rights port his refusal to search these planes? Watch, the United Nations Commission on An Ceann Comhairle: Deputy Sargent’s time Human Rights, the Irish Human Rights Com- has concluded. mission, the Irish Council for Civil Liberties and 76% of the Irish people at the last count to live Mr. Sargent: Where is this legislation? I do not up to his international human rights commit- believe it exists. ments and obligations and ensure these airplanes are inspected. Will the Taoiseach do so in com- The Taoiseach: I agree with Deputy Sargent’s pliance with international law, irrespective of who comments about the deaths of three inmates at owns or hired the airplanes or what might be Guantanamo Bay. The full circumstances sur- found on them? He is legally obliged to uphold rounding the deaths remain unclear but the fact the law. Will he do so and does he accept that that three detainees committed suicide is deeply flights used for rendition purposes have passed troubling. I welcome the promise by the US through Shannon Airport? Government to hold a full review of procedures used at the camp. It has been agreed that the The Taoiseach: I do not accept that at all. International Committee of the Red Cross may shortly undertake another visit to the camp. Mr. Sargent: The Taoiseach is out of sync with In respect of the legal basis on which persons everyone else. at Guantanamo Bay are being detained, the Government’s position on the condition and The Taoiseach: We are absolutely opposed to status of detainees is clear and has been consist- extraordinary rendition. We have made this ently conveyed to the US authorities. We believe emphatically clear on a continuous basis, includ- that all detained persons are entitled to the pro- ing directly and at the highest level, to the US. tection of international human rights instruments US authorities have fully accepted our position and, where applicable, international humani- and have made it clear that prisoners have not 733 Death of Former Taoiseach: 13 June 2006. Expressions of Sympathy 734 been transferred through Irish territory nor contact anyone in Government circles to check would they be—— anything.

Mr. Gormley: That is not the question. The Death of Former Taoiseach: Expressions of Taoiseach is not answering the question. Sympathy. Mr. Sargent: The Taoiseach should answer the The Taoiseach: It is with great sadness that I question. learned of the death of the former Taoiseach and leader of Fianna Fa´il, Mr. Charles Haughey. His The Taoiseach: Will the Deputies listen to me? passing is a very sad occasion and marks the end of an era. Today, my first thoughts are with Mrs. An Ceann Comhairle: The Taoiseach, without Maureen Haughey, a very private woman who interruption. Members will be asked to leave the shared in the life of a very public man for over House if they continue to interrupt. half a century. I know that her qualities of dignity and grace will serve her well as she bears her Mr. Gormley: The Taoiseach is not answering private grief during the very public days that lie the question. ahead. I extend my sympathy and that of the Government and Fianna Fa´il to Maureen, An Ceann Comhairle: I remind Deputy Gorm- Eimear, Conor and Ciara´n Haughey and to our ley that the question has been asked by Deputy colleague, Deputy Sea´n Haughey. Sargent. The Chair will not tolerate a situation Charles Haughey inherited a very rich tradition where other Members interject on Leaders’ of public service and patriotism from his father, Questions. who served in the old IRA and, subsequently, in The Taoiseach: I answered Deputy Sargent’s the Irish Army. Charles Haughey entered this question about whether I agreed with Senator House in 1957 and made a huge impact on Irish Marty. The gardaı´ have the powers to search life in a political career over 35 years. He attained these aircraft if there is any reasonable suspicion high political office and had the distinction of they are breaking the law. being elected Taoiseach on four occasions by Da´il E´ ireann. He served briefly as parliamentary sec- Mr. Sargent: There is reasonable suspicion. retary to the Minister for Justice before being appointed as Minister for Justice by Sea´n Lemass The Taoiseach: Is Deputy Sargent also a in 1961. He next served as Minister for Agri- garda? culture. It was a measure of the confidence Sea´n Lemass had in him that he did not hesitate to give Mr. Sargent: No, I am not. I am simply quoting this important position to a Deputy from Dublin. Amnesty International. Under the leadership of Jack Lynch, Charles Haughey served as Minister for Finance and, in (Interruptions). later years, as Minister for Health and Social Welfare. In these demanding portfolios, he pro- The Taoiseach: These aircraft are chartered ved himself to be a politician of vision and com- civilian airplanes. mitment, as well a considerable and able parlia- mentarian. (Interruptions). When analysing Charles Haughey’s career, commentators will largely focus on his tenure as An Ceann Comhairle: The Taoiseach, without Taoiseach. However, we should also recall that interruption. he was one of the most dynamic and talented The Taoiseach: They are not state aircraft. Ministers ever to grace this House. It would be a distortion of history to obscure the fact that (Interruptions). Charles Haughey served with distinction in every ministerial position he held. His many imaginat- The Taoiseach: We disagree with the substance ive initiatives will be remembered. Upon leaving of Senator Marty’s references about this country. office, many Ministers would be envious of the There is no question of Ireland having been record of achievement attained by Charles involved in any collusion. Senator Marty’s use of Haughey. As Minister for Justice, he set in the term is unfortunate. Ireland has not colluded motion a radical law reform programme, most in any unlawful activity. The connections with the notably, the Civil Liability Act 1961, which codi- refuelling referred to in Senator Marty’s report fied the law of tort for the first time in a common were made after the fact on the basis of the law jurisdiction. He also introduced a Succession imposition of a pattern of movement so there is Act which was one of the most significant contri- no significant evidence in the report. As I stated butions to women’s rights for decades. As Mini- last week, if he has a basis for his assertions, he ster for Agriculture, he negotiated better prices should produce it. and outlets for farmers in the Anglo Irish Free Before preparing his report, Senator Marty, Trade Agreement. As Minister for Finance, he amazingly and unlike any other body, did not introduced free electricity, free travel and free 735 Death of Former Taoiseach: 13 June 2006. Expressions of Sympathy 736

[The Taoiseach.] name but a few. Many of these initiatives flowed television and free radio licences for old age pen- from his genuine empathy with art and artists. sioners. As Minister for Health and Social Wel- Charlie Haughey had an immense ability to get fare, he used a large share of the increase in things done. He inspired great loyalty among public service numbers to expand and modernise many of his followers both inside and outside the health services. He also introduced the first Fianna Fa´il. Recently, these achievements have legislative controls on tobacco advertising and been clouded by revelations that are the subject sponsorship. of inquiry by the Moriarty tribunal. History will Charles Haughey was first elected as Taoiseach need to weigh up both the credit and debit sides in 1979 and took over the reins of power at a time more dispassionately than may be possible today. when the public finances were far removed from However, I have no doubt that its ultimate the prosperous climate of today. It was a time judgment of Charlie Haughey will be favourable. when resources were limited and hard choices Charles Haughey was a man of wide interests were the order of the day. Charles Haughey’s and many friends. He was a great patron of the focus was always on the weak and more vulner- arts and had a deep love of horses, but his abiding able in society. In his first term as Taoiseach, he passion was politics and he worked hard for the gave three increases of 25% to old age pensioners people he represented. Charlie Haughey believed and supported housing schemes to improve the in public service and whether as Taoiseach, Mini- living and housing conditions of the elderly. ster, in Opposition or even in retirement, he On a personal level, I have reason to remember never forgot the people he was elected to serve, Charlie Haughey’s second administration. The particularly his constituents in Dublin North- Government was formed in March 1982 and I was Central. given the honour of being appointed Chief Whip. During a long period, Charles Haughey faced Later, I would be appointed Minister for Labour a final battle that he knew he would ultimately twice and Minister for Finance in subsequent lose. He bore his illness with great dignity and Governments led by Charles Haughey. I was fortitude, his fighting spirit evident to the end. proud to have served with him and prouder still Charles Haughey was not only a man of many to call him a friend. parts but also of many places. From Derry to During his last five years as Taoiseach, he gave Mayo to Kerry to Donnycarney, he was a favour- tremendous leadership to a programme of ite son. However, it was in the city of Dublin of national recovery involving the social partners. which he was proud that he lived his life and At the recent Fianna Fa´il 80th anniversary cel- made his political reputation. ebrations, I said the country owes much of its On Friday, Bloomsday, he will be laid to rest. present prosperity to the creative decisions taken His affinity with the arts and his extraordinary in 1987 and 1988 by Charles Haughey and his and colourful life were every bit as interesting as Government, in particular the then Minister for those of Joyce’s fictional hero, Leopold Bloom. Finance, Ray MacSharry. This is my firm convic- Being buried on Bloomsday is a coincidence that tion, one that would withstand any objective his- Charlie Haughey would have deeply enjoyed. torical analysis. I take the opportunity to express my sincere Charlie Haughey was a convinced europhile sympathies and those of the Fianna Fa´il party to and established a fruitful relationship with the Charlie Haughey’s wife, Maureen, his daughter, then President of the European Commission, Eimear, his sons, Conor, Ciara´n and Sea´n, and his Jacques Delors. He also ran a successful Irish wider family. Ar dheis De´ go raibh a anam dı´lis. Presidency of the European Community in 1990 immediately following the peaceful revolutions in Mr. Kenny: Fuair me´ an sce´al ar maidin go eastern and central Europe. His reaching out bhfuair Cathal O´ hEochaidh, an t-iar-Thaoiseach, towards Europe was an economic, cultural and ba´s inniu. Nı´ mo´ ra´n Taoiseach a bhı´ againn sa tı´r political rebalancing of what was Ireland’s his- seo, agus nı´ minic a tharlaı´onn se´ go mbı´onn toric overdependence on the Anglo-Irish orainn rud e´igin a ra´ faoi sa Teach seo. Nı´ fe´idir relationship. Before leaving office, he crucially linn sce´al shaol Chathail O´ hEochaidh, an sce´al and bravely established some of the initial con- pearsanta agus polaitiu´ il, a phle´ anseo inniu san tacts that laid the foundations of the current am ata´ againn. Ar o´ ca´id a bha´is, ba mhaith liom peace process. mo chomhbhro´ n agus comhbhro´ n Pha´irtı´ Fhine There are many other fine initiatives that Gael a chur in iu´ lda´ bhean che´ile, Maureen, agus Charles Haughey supported for which he will be da´ chlann ar fad, Sea´n, ata´ ina Theachta Da´la, gratefully remembered. These include the tax Conor, Eimear agus Ciara´n. free status for artists, the establishment of Aos- Today is a sad day in the House and this coun- da´na, the restoration of Dublin Castle, the Royal try. It is fair to say that in myriad ways, Ireland Hospital Kilmainham, the new Government feels the passing of Charles J. Haughey. We may Buildings, which he opened in 1991, the pro- have been on opposing sides in here, but I had a motion of a flourishing bloodstock industry, the particular connection with Mr. Haughey, as it was network of regional airports, Temple Bar, the my grandaunt who delivered him into this world International Financial Services Centre and the in Castlebar 80 years ago despite the various per- restoration of the Shannon-Erne waterway to ceptions of where he was actually born. 737 Death of Former Taoiseach: 13 June 2006. Expressions of Sympathy 738

In his final words in the House as Taoiseach, death, the full embrace of the soul gathers around Mr. Haughey quoted from “Othello” when he us. It does not leave abruptly. Rather, it takes its said he did the State some service. Today, his leave slowly. Today of all days, as Charles admirers and adversaries agree that, indeed, he Haughey leaves one life to begin another, I am did. Charles Haughey made an enormous contri- sure his slow leave-taking will include this build- bution to the State, arts, business, European and ing where he lived the many highs and lows of Northern Ireland affairs and life in this country. political life for more than a quarter century and His ministerial career sparked many innovations over which the tricolour flies at half mast. and considerable reform. In the House, he was a I have quoted before the famous poem by John formidable opponent of prodigious intellect and O’Donoghue, Beannacht, which, for the sailor, is a gifted debater, as many on this side and the appropriate: Government side can testify. Two weeks ago, Members who were not here during his time had When the canvas frays in the curach of an indication of a flavour of riveting politics when thought the House debated issues of real concern. This is And a stain of ocean blackens beneath you, how it was during the Haughey years week in, May there come across the waters week out. Whether in Government or Opposition A path of yellow moonlight and whether one liked or agreed with his state- To bring you safely home. ments, they could never be overlooked. May the nourishment of the earth be yours, Charles Haughey was as respected abroad as May the clarity of light be yours, he was controversial at home. He had close work- May the fluency of the ocean be yours, ing relationships with then Chancellor Kohl, then May the protection of the ancestors be yours. President Mitterand and then Italian Prime Mini- And so may a slow wind work these words ster Andreotti. I remember quite vividly that dur- of love around you ing some intense Northern Ireland negotiations, An invisible cloak to mind your life. someone commented on how in Mr. Haughey’s presence, the Iron Lady herself, Mrs. Thatcher, became positively skittish. It was something that Mr. Rabbitte: I join the Taoiseach and Deputy might have appealed to his pride and his legend- Kenny in extending my sympathy and that of the ary black sense of humour. Labour Party to the Fianna Fa´il Party, to our col- On the day of his death, it is fair and right to league in the House, Deputy Haughey, and to say Charles Haughey was, in his time, a dominant Mrs. Maureen Haughey and her family. and outstanding figure in Irish politics in terms of No figure was so dominant for so long in Irish intellect and ambition. He was also mercurial to politics. The Taoiseach is correct to say Mr. the degree that he was in many ways a perfect Haughey contributed much that was good to Irish contradiction, with an ability to be both charming life. Anybody who was fortunate enough to be and quite ruthless in a heartbeat. Anyone sum- elected Taoiseach four times and to hold several moned to his presence did not forget the Ministries could not but have had a positive influ- occasion quickly. ence and made changes for the good of our They say that to live in the hearts we leave people. I acknowledge that fact in the case of Mr. behind is not to die. In the hearts of his family Haughey but it would be hypocritical of me, as and friends and in those of many within Fianna somebody who opposed him in this House, not to Fa´il, Charles Haughey will live on in a real way say there was a darker side to his legacy. Today as a husband, father, grandfather, trusted confi- is not the time for a rigorous or balanced assess- dant and someone deeply loved, respected and ment but to acknowledge that he bore a serious sadly missed. Today, our hearts are with them as illness with great dignity and did the State some they mourn their loss. service. Today is a day to remember he has a In the coming days and weeks, there will be family, like everyone else, who mourn his passing. much discussion about Charles Haughey the poli- He inspired tremendous loyalty and vehement tician and there will be the opportunity for those opposition, so much so that his opponents were who wish to do so to dissect and analyse the ups driven to found a new political party. There will, and downs of his political career. However, on as Deputy Kenny said, be much analysis outside the day of his death, I want to talk about Mr. this House, but what has been said today is on Haughey the man. Anyone here or in the country the record and I do not intend to venture from who has had troubles in his or her life knows that the common decencies that ought to be observed often we do not realise how strong people really on an occasion like this. The Taoiseach’s state- are until we see them at their weakest moments. ment that Mr. Haughey was involved in the gen- Regardless of how people felt about Charles esis of the peace process is shown by history to Haughey politically, anyone with even the vagu- be right. However, history should also record that est sense of our shared humanity could see that he was involved in the genesis of the horror that he bore his humiliations with dignity, courage and was inflicted on us over 30 years, on which some a deep personal pain. analysis is also required. Some analysis also needs The Celtic tradition with which Charles to be done on his and his party’s cynical oppo- Haughey felt so aligned says that at the time of sition to the Anglo-Irish Agreement. 739 Death of Former Taoiseach: 13 June 2006. Expressions of Sympathy 740

[Mr. Rabbitte.] choice as to their parents, from a distance it has As for being the creator of the Celtic tiger and always been blindingly obvious that the Haughey of the prosperity to which the Taoiseach referred, children would have chosen no other parents than ten years earlier his mistaken policies made a sig- Charlie and Maureen. nificant contribution to the difficulties we enco- Charles Haughey held many key Ministries and untered. It is all very well to praise the period the office of Taoiseach in this State, and had 1987 to 1989, but that followed a national poster many achievements and accomplishments in campaign offering an alternative that did not hurt those capacities. It has been suggested he brought the sick, the old and the handicapped, the the Progressive Democrats into existence. Per- opposite of which was implemented. It is mislead- haps he did, but he certainly brought us into ing for individual politicians to claim authorship Government and we will not forget that. He was of the Celtic tiger because there was a bipartisan a navigator on the seas of controversy and excited approach in this House for 40 years on invest- strong feelings and passions throughout his ment in education, on industrial strategy and on career. Today is not the time nor the occasion for a low corporate tax regime. These factors came dispassionate judgment, still less for criticism or together following accession to the EU to con- for discord. The Romans put it well in the phrase, tribute much to our prosperity. De mortuis nil nisi bonum, which means: “Speak Mr. Haughey was a unique politician who, as only good of those who lie dead”. There will be the Taoiseach said, served with distinction in a plenty of time hereafter for passionate and dis- number of different Ministries. There are many passionate assessments of the legacy of Charles positive reasons to recall his political record. Haughey. There are many ordinary people who are grateful On behalf of my parliamentary party col- to him for decisions he made. He was a reforming leagues and for my own part, I wish to remember Minister for Justice, an immensely skilful parlia- today those of Charles Haughey’s actions which mentarian who enjoyed the theatre of this House, will always stand as achievements and to reflect and a very talented politician. All of us in the on the fact that he held democratic office in this House would like to be able to say he applied his State, as we all do, by the will of the people whom talents exclusively to public service, but we must we all serve and by whom in the last analysis we ask to what extent his behaviour as a senior poli- tician has contributed to the lowering of the all fall to be judged. I will renew our strong mess- public esteem in which politics are held. age of sympathy to Sea´n, his mother and his bro- ´ Today our prime concern should be for his thers and sister. In conclusion, ar dheis De go family, for whom it must have been a very diffi- raibh a anam cro´ ga. cult time. The Labour Party and I extend sincere sympathies and condolences to them. Mr. Sargent: De´anaim mo chomhbhro´ n le bean che´ile Chathail Uı´ Eochaidh, Ma´irı´n, lena chlann, Minister for Justice, Equality and Law Reform go mo´ rmho´ r lena mhac, Sea´n, ata´ ina Theacha (Mr. McDowell): On behalf of the Progressive Da´la, agus le Pa´irtı´ Fhianna Fa´il ar fad, ata´ tar Democrats, I join other speakers in remembering e´is ceannaire a chailliu´ int. Is la´ bro´ nach e´ seo do and doing honour to the memory of Charles gach duine a thugann tacaı´ocht d’Fhianna Fa´il. ´ Haughey who died this morning after battling Mar Theachta Da´la i dtuaisceart Atha Cliath, ´ bravely with a relentless and mortal illness. bhuail me´ go minic le Cathal O hEochaidh, a bhı´ I convey on behalf of all my party colleagues ina cho´ naı´ sa cheantar le fada an la´, agus ba to his son Sea´n, our parliamentary colleague, our mhinic a labhair muid le che´ile mar gheall ar fondest and heartfelt sympathy on the passing of chu´ rsaı´ de gach so´ rt. Is cinnte gur dhuine e´ a his father. Although circumstances of recent raibh a la´n taithı´, eolais agus tuairimı´ aige. Bhı´ se´ weeks and months may have prepared Sea´nin suimiu´ il i gco´ naı´. some way for today’s events and the passing of In human terms, today is very much a day of his father, there is no preparation that takes away bereavement, particularly for Charlie Haughey’s the private pain and the grief of the loss of a wife and family, but also for all his supporters and devoted and caring parent, or the sense of loss of the Fianna Fa´il Party generally. It is also a politi- a loving son. I know, however, there is a universal cal event as evidenced by the Government’s sense of support for Deputy Haughey in this decision to grant Mr. Haughey a State funeral. As House today. a Deputy and Minister for many years, he served I also want to remember Maureen Haughey, under former taoisigh Sea´n Lemass and Jack and the other family members, Eimear, Ciaran Lynch. As Taoiseach, he led Governments which and Conor. Families play a huge role and make included the former Taoiseach Albert Reynolds enormous sacrifices to support those who play a and the current Taoiseach. In many ways, Charles role in public life. Few spouses choose the life Haughey epitomises a different time, a time of which public office thrusts upon them but none Noel Browne, a much younger looking Tony can match the dignity and steadfast loyalty Gregory, The Workers’ Party and the Progressive Maureen Haughey has always shown in her years Democrats with whom he came to have a very as Charles Haughey’s spouse and partner. interesting relationship, as the Minister for Although it has been said that children have no Justice, Equality and Law Reform has outlined. 741 Death of Former Taoiseach: 13 June 2006. Expressions of Sympathy 742

However, Charles J. Haughey could also be chaidh agus muid ag ple´ chu´ rsaı´ na Gaeilge, na said to be someone who delighted in the maxim Gaeltachta agus, go mo´ rmho´ r, Corca Dhuibhne. that politics is the art of the possible. If anything, Is cinnte gur thug se´ an-chlu´ agus ca´il ar an he tested that maxim to breaking point, which cheantar sin, anuas ar an chlu´ agus ca´il a bhı´ air will be an issue for debate in the days and years cheana fe´in. Ta´ a fhios agam go bhfuil go leor i to come. There is no doubt that his story is one measc na ndaoine a thug tacaı´ocht do´ ina´r nda´il- of the most colourful ever told about anybody cheantar i dtuaisceart A´ tha Cliath agus, go deim- involved in Irish politics. He had an ability to dig hin, i gCorca Dhuibhne, den tuairim nach mbeidh a hole for himself but he also had an ability to a leithe´id ann arı´st go deo, agus ta´ an ceart acu. dig himself out of a hole, which often involved a Ar dheis De´ go raibh a anam. huge amount of energy, dedication and intelligence. Caoimhghı´nO´ Caola´in: On my own behalf and This is not a day for analysis, however, it is one that of the Sinn Fe´in Deputies, I extend our sym- for recalling those people who are affected by his pathies to Charles Haughey’s widow, Maureen, passing and the many who have memories of our colleague, Deputy Sea´n Haughey, his other Charlie Haughey. In Dublin North there is a sons and daughter, and the members of the maxim, “The tribe with the fat chieftain never Haughey family. For many years, Charles goes hungry”, which applies to Charles J. Haughey certainly trod a chequered pathway Haughey and explains why he had such huge sup- through the political life of the nation. In his own port and loyalty. For many people, that was words, he gave some service and it is right that enough and it ensured that people regarded him, his achievements are acknowledged and as many have said, as a lovable rogue. The charm remembered, and they will be. Some will remem- he brought to politics was employed to great ber him fondly, more will hold a jaundiced view effect. I experienced some of that charm during of his stewardship. The Arms Trial episode and the fraught general and European elections of early support for a talks process aside, partic- 1989. Having polled far better than my adver- ularly in this year which marks the 25th anniver- saries foretold, Mr. Haughey wasted no time at sary of the deaths of ten young Irish republicans the count in the RDS in deciding that he would on hunger strike and the 25th anniversary last have to congratulate me. I recall the sea of people Sunday of the election of Kieran Doherty, TD, to around the Fianna Fa´il side of the count centre. represent the constituency that I represent today, There was a ripple and the crowd parted, some- republicans will remember Charles Haughey’s thing like the Red Sea, and from it appeared this failure to stand up in real terms to Margaret man whom one could imagine like Moses. He Thatcher in 1980 and 1981. came across, shook my hand and said, “Well done The debate about his legacy and his contri- young man, I’m a bit of a Green myself”. bution to Irish society is one for another day. Today our thoughts are with his family who have A Deputy: He was keeping the door open. suffered a deep loss. May he rest in peace. Suaimhneas sı´oraı´ da´ anam. Mr. Sargent: Anybody who met Charles Haughey knew that he had an ability to get Mr. Callely: It was with great sadness that I straight to where he felt their feelings and aspir- learned of the death of the former Taoiseach, ations lay. He earned respect by using consider- Charles J. Haughey, who was a colleague and able charm, as has been referred to by Deputy friend. I entered national politics in 1989 on the Kenny, in confronting the Iron Lady, the British Fianna Fa´il Dublin North-Central ticket with the Prime Minister at the time, Margaret Thatcher. then Taoiseach Charles Haughey, when we won At a time when Ireland needed strong nationalist three out of four seats in that constituency. Char- leadership, he provided an important role which lie was a skilled politician who had the ability not was a catalyst for the considerable progress that only to perform on the world stage but also to has been made towards peace on this island — I connect with his constituents on the doorsteps. hope for all time. He never lost sight of what was important to his That being said, his death should also be a cata- constituents and they consistently rewarded him lyst for examining where rules need to be put in with record personal support. It is impossible to place for planning and land rezoning and bringing even think of the Ireland of today without recog- together that huge divide in Irish society between nising the impact of Charles Haughey’s vision for those who have property and those who do not. our country and its people. The Kenny report of 1973 should be the catalyst His achievements have already been high- to bring us forward and leave behind what was a lighted in many of the tributes paid to him today. murky past. Charles Haughey was identified with I know he will be remembered fondly by those that past, although unfairly in many ways. He who really knew him and those who were rep- undertook the art of the possible but the rules resented by him. Charlie was a great leader and should be re-examined. Those rules are still in public representative but, above all, he was a place, even though Charles Haughey has left us. great and loyal friend. My thoughts and prayers Ta´ me´ cinnte go raibh go leor againn, me´ fe´in are with his wife, Maureen, his daughter, Eimear, ach go ha´irithe, d’aon ghuth le Cathal O´ hEo- his sons Conor, Ciara´n and my colleague, Sean, 743 Requests to move Adjournment of 13 June 2006. Da´il under Standing Order 31 744

[Mr. Callely.] To Maureen and the Haughey family, I offer his surviving brothers, Fr. Eoin and Sean, his sur- my deepest sympathy. viving sister, Maureen, and the rest of the extended Haughey family at this sad and diffi- Mr. Bruton: I express my sympathy to the cult time. Haughey family. Charlie was a colossus locally. When I came into politics, I was very much the Mr. F. McGrath: On behalf of the Independent rookie. Paddy Belton was then on his way out Deputies and on a personal and human level, I and the Beltons and the Haugheys were very express my deepest sympathy to Maureen close. They were political opponents throughout Haughey and her family at this sad and difficult their lives but they were also extremely close. time. We have all had our political disagreements They never saw one another put aside and always but I agree with my colleagues that this is not the remembered the link they had, which went way day for dealing with political matters. Today is a back. day of sympathy for the family. It is with great sadness that one sees the end of On a personal level, I have worked with Sean a man who made such a contribution over so Haughey for many years on Dublin City Council many years. Organisationally, he brought politics and since I was elected to the Da´il in 2002. I have to a new level, certainly in Dublin North-Central. always found Sean a courteous gentleman with a He had a system of block captains and contacts great sense of humour. We work very well in the constituency that was unrivalled. One together. I express a personal sympathy to Sean never knew where Haughey’s people were. One could canvass a street up and down and one on the death of his father. would never see a sign of a Haughey supporter Charlie Haughey, as he was widely known but when the boxes were opened, they were there around Donnycarney, had a big name for many in droves. years and did a great deal of work in the com- He attracted fantastic loyalty. If Members go munity, particularly in Donnycarney and Dublin to Donnycarney church on Friday, as I am sure North-Central generally. It is important on a day most will, they will get a sense of the support he like this that we reflect on the situation with had. When church gates were a big thing, Charlie regard to illness in our society, particularly can- Haughey would have a phalanx around him that cer. The recent years have been a difficult period was unequalled. I am surprised Deputy Finian for the Haughey family. Those of us who know McGrath claims he was able to give out a leaflet. people who have suffered and fought this illness One would be pushed into the siding because Mr. for many years know how difficult it is for the Haughey had such a tremendous following. patient but also for the family. He was a man with whom I never had a row On a lighter note, I will tell a story concerning throughout my career in politics — I know that is an election campaign at the beginning of my pol- not true of everyone on the other side of the itical career. I was outside Sunday morning mass House. Having survived with him in the constitu- at Ardlea Road church in Artane with a number ency, I never had a row with him. He was a man of colleagues. I was in charge of giving out leaflets I respected during the years. and organising the election workers, and I was In particular, I offer sympathy to Sean. He has accompanied by my late father, who came to had to live his politics in the shadow of Charles offer his radical son moral support. While there, Haughey, who was such a formidable person. Charlie suddenly pulled up in a big car. He got Sean has carved out his own identity in politics, out and the crowd started to move towards him. which is a great achievement for him, and has the I was telling my workers to hold their nerve, stay tradition of the Haugheys behind him. I offer strong, keep giving out the leaflets and keep can- particular sympathy to Sean on his loss. vassing when, out of the side of my eye, I saw my own father talking away to Charlie Haughey. Members rose. Afterwards, I asked him: “Why did you do that to me, Dad, in the middle of the battle?” He said: Requests to move Adjournment of Da´il under “I just wanted to meet Charlie Haughey.” That Standing Order 31. was the impact he had. Like him or dislike him, An Ceann Comhairle: Before coming to the he had an impact like that on people. Order of Business, I propose to deal with a I also want to refer to an important matter for number of notices under Standing Order 31. one, like myself, who has worked in the inner city for 20 years, about which I know the Taoiseach Mr. J. Breen: I seek the adjournment of the will agree, namely, the Gregory deal. We all Da´il under Standing Order 31 to raise a matter remember the dark 1980s — the massive unem- of national importance, namely, the chronic over- ployment, the heroin deaths, all the funerals of crowding of classrooms in our national schools; the young children and the educational disadvan- the failure of the Government, in particular the tage. At that time, the Gregory deal and the Minister for Education and Science, to meet the investment in the north inner city was a breath of commitments made in the programme for fresh air and was of valuable assistance to the Government to reduce class sizes, and the total community. inaction on addressing the staffing needs of 745 Order of 13 June 2006. Business 746 smaller schools which has resulted in more than which has now been put back to 2010. This is a 6,500 parents in County Clare alone signing a pet- serious matter because it falsifies the figures. ition calling for an end to this shameful situation. An Ceann Comhairle: We cannot have a Aengus O´ Snodaigh: I seek the adjournment of debate on the issue. the Da´il under Standing Order 31 to raise a matter of national importance, namely, the Caoimhghı´nO´ Caola´in: It is endeavouring to urgent need for the Government to revisit and mislead not only the public but also the inter- revise its policy on relations with Israel and in national community about our commitment in particular to end its policy of preferential trade this area. relations with Israel in order to hold Israel accountable for its persistent human rights Ms O’Donnell: The Deputy is wrong. It is violations in Palestine, especially in light of the reckonable as ODA. increased intensity of attacks by Israel. These attacks amount to the collective punishment of Caoimhghı´nO´ Caola´in: This should not be Palestinians, which is a war crime — the attack included in the ODA figure. last Friday on a beach killed seven Palestinians, including three children, and the missile strike on The Taoiseach: It is ODA. Gaza city today killed nine Palestinians, including two more children. It is important that we double Caoimhghı´nO´ Caola´in: What we are seeking Irish aid to the Palestinian Authority on foot of is a commitment to pay—— the reduction of EU aid which the Government failed to prevent. An Ceann Comhairle: Is the proposal for deal- ing with No. 11 agreed to? An Ceann Comhairle: Having considered the matters raised, they are not in order under Stand- Caoimhghı´nO´ Caola´in: Surely a Deputy is ing Order 31. allowed to make a point.

Order of Business. An Ceann Comhairle: We cannot have a debate on the matter now. The question is The Taoiseach: It is proposed to take No. 11, whether it should be referred to the committee. motion re referral to select committee of pro- posed approval by Da´il E´ ireann of Ireland’s con- Caoimhghı´nO´ Caola´in: It should not and I am tribution to the International Development making the argument why it should not. Association’s multilateral debt relief initiative Question, “That the proposal for dealing with and to the International Development Associ- No. 11 be agreed to,” put and declared carried. ation’s 14th replenishment; No. 20, European Communities (Amendment) Bill 2006 — Order Mr. Kenny: In the Taoiseach’s absence I raised for Report, Report and Final Stages; No. 21, a matter which had been raised by Deputies Planning and Development (Strategic McGrath and McManus and me in respect of the Infrastructure) Bill 2006 [Seanad] — Second National Rehabilitation Board and its former Stage (resumed); No. 22, Criminal Justice employees. It took six years for one person to get (Mutual Assistance) Bill 2005 [Seanad] — Second their due entitlements through the courts. Stage (resumed); and No. 2, National Oil Reserves Agency Bill 2006 — Order for Second An Ceann Comhairle: Does the Deputy have a Stage and Second Stage. It is proposed, notwith- question on legislation? standing anything in Standing Orders, that No. 11 shall be decided without debate. Private Mr. Kenny: The Ta´naiste undertook to revert Members’ Business shall be No. 55, motion re to me about this matter. Will the Taoiseach fol- Marty report on extraordinary rendition by the low up the issue and ascertain if the remaining United States. almost 200 employees will receive their entitle- ments? For his information, this relates to the An Ceann Comhairle: Is the proposal for deal- abolition of the National Rehabilitation Board ing with No. 11 agreed to? some years ago and the rights that had accrued to its workers. Caoimhghı´nO´ Caola´in: It is not agreed. I wel- come the decision to give \59 million towards the An Ceann Comhairle: It does not arise on the cost of debt cancellation. However, the require- Order of Business. ment to debate it in the House is based on the fact that this sum is to be lumped with the overall Mr. Kenny: You allowed it three weeks ago, a figure for overseas development aid, which it Cheann Comhairle. clearly is not. It gives a false picture with regard to the Government living up to its commitment An Ceann Comhairle: In a moment of to reach the figure of 0.7% of GNP by 2007, weakness. 747 Order of 13 June 2006. Business 748

Mr. Durkan: Let there be another quick Mr. Gormley: On a point of order, all the moment. Deputies want is a copy of the legislation.

Mr. Kenny: It was not a moment of weakness An Ceann Comhairle: That is not a point of on your behalf, a Cheann Comhairle. You have order. The Taoiseach will respond to Deputy no moments of weakness. Rabbitte.

An Ceann Comhairle: I call Deputy Rabbitte. Mr. Gormley: The Taoiseach should ensure we receive a copy of the legislation as a matter of Mr. Kenny: You are as sharp as a razor all the urgency. time. I was in Monaghan last week where I was told as much. The Taoiseach: I will discuss it with the Mini- ster. I am not sure that it will be taken on Thurs- Mr. Rabbitte: There is an amendment to the day but I will ask that it be circulated quickly. Da´il schedule for Thursday, owing to the House rising because of the death of the former Mr. Costello: On that point, it is listed for Com- Taoiseach. One of the items listed for Thursday mittee Stage next week but it has not yet been is the Defence (Amendment) Bill 2006, which published. relates to whether the Defence Acts allow the Defence Forces to take part in missions not estab- An Ceann Comhairle: It does not arise on lished by UN resolution. The Bill has not yet today’s Order of Business. been published, although it was intended to deal with it on Thursday. This side of the House has Mr. Costello: It is promised legislation. repeatedly asked for time to discuss this matter. The Labour Party made the argument to the An Ceann Comhairle: The Taoiseach has Minister, Deputy O’Dea, over a prolonged answered the only question that arises on today’s period—— Order of Business.

An Ceann Comhairle: We cannot have a Mr. Costello: It is promised legislation. It still debate on the issue. Does the Deputy have a has not been published but Committee Stage is question appropriate to today’s Order of scheduled for next week. Business? An Ceann Comhairle: We cannot debate it now. Mr. Rabbitte: ——and by letter, that this amendment to the Defence Acts would be neces- Caoimhghı´nO´ Caola´in: The Ombudsman sary. He maintained it would not. As recently as (Amendment) Bill was scheduled to be published today in the newspapers he claimed it was not in the middle of this year but is now scheduled to necessary, yet this legislation was scheduled for be published later. When is it intended to publish Thursday. We were expected to respond to it but it? Will the Taoiseach give an assurance that it it has not yet been published. will be dealt with in the current session?

Mr. Gormley: A Cheann Comhairle, on the The Taoiseach: The heads of the Bill have been same matter—— approved and the Bill is due to be published later this year. It will not be during this session. An Ceann Comhairle: There is nothing else to raise. Mr. Crawford: What is the situation with regard to health? We have been summoned by Mr. Rabbitte: When will the Bill be published? the Health Service Executive——

The Taoiseach: I will communicate with the An Ceann Comhairle: I am sorry but that Minister. Is it the Deputy’s point that he wants matter does not arise on the Order of Business. the Bill published quickly in order that it can be We must move to the next business. dealt with next week? Mr. Crawford: ——to attend a meeting tomor- Mr. Rabbitte: Yes. row. Is the Minister in charge or not?

Mr. Timmins: It is on the schedule for An Ceann Comhairle: I will call the Deputy Thursday. first tomorrow.

The Taoiseach: It will not be taken on Mr. J. Breen: A Cheann Comhairle, I raised my Thursday. hand to ask a question on the Order of Business.

Mr. Rabbitte: If it were not for other events, it An Ceann Comhairle: That is correct. Many would have been taken on Thursday. other Deputies did so too but as it is now almost 749 European Communities (Amendment) 13 June 2006. Bill 2006: Report and Final Stages 750

5.40 p.m., we must move on. The Deputy will be ready to do so. I hope Bulgaria and Romania will called first tomorrow after the leaders. strive in the coming months to satisfy the Euro- pean Commission that they are ready to take on International Development Association: Motion. the responsibilities of membership of the Euro- pean Union from next January. We look forward Minister of State at the Department of the to working with them as full partners. Their Taoiseach (Mr. Kitt): I move: accession will complete the Union’s historic fifth That the proposals that Da´il E´ ireann enlargement, one of its greatest achievements. approve, in accordance with Article 29.5.2° of Passage of this legislation and Ireland’s ratifica- Bunreacht na hE´ ireann, tion of the accession treaty later in the year will play an important part in completing a process (i) Ireland’s contribution of \58,640,000 to that would have been unimaginable less than a the International Development Association’s generation ago when Europe was still mired in multilateral debt relief initiative, to be paid the Cold War. We can all take pride in contribu- at a time and in a manner as the Minister for ting to a process which has transformed our conti- Finance may determine, and nent for the better in a much shorter time than (ii) Ireland’s contribution of \70,000,000 to we would have dared hope for just a decade and the International Development Association’s a half ago. 14th replenishment, payable at a time and in a manner as agreed by the Minister for Fin- Mr. Durkan: This is a fitting conclusion to the ance with the International Development debate. It is generally accepted that part of the Association, European project is its development and evol- be referred to the Select Committee on Fin- ution through the inclusion of the various coun- ance and the Public Service, in accordance with tries that apply to join. This case is no exception paragraph (1) of the orders of reference of that and follows the course this country followed some committee, which, not later than 29 June 2006, years ago. As a European country, we were lucky shall send a message to the Da´il in the manner to have the support of our European colleagues prescribed in Standing Order 85, and Standing as we proceeded. We did not have that support at Order 84(2) shall accordingly apply. the initial stages but ultimately we achieved our objectives and it was to the benefit to the country Question put and agreed to. that we did. Romania and Bulgaria, the accession countries, will benefit tremendously from mem- bership of the European Union. It is true they European Communities (Amendment) Bill 2006: have to comply with the acquis communautaire Order for Report Stage. and develop their services and protocols within Minister of State at the Department of Foreign their respective countries in accordance with the Affairs (Mr. Treacy): I move: guidelines laid down by the European insti- “That Report Stage be taken now.” tutions. That is appropriate and as it should be. It is also a modern learning curve so far as the rest of the world is concerned. Question put and agreed to. It is hugely important that the European con- cept and the European project goes ahead and is European Communities (Amendment) Bill 2006: seen to go ahead and gets the support not only of Report and Final Stages. those states within the Union but of the countries that wish to come on board. It is an opportunity Bill reported without amendment and received to focus attention on the requirements and mem- for final consideration. bership of the European Union and to ponder on all that has happened since the initiation of the Question proposed: “That the Bill do now European Coal and Steel Community and the dis- pass.” tance the European project has gone in the mean- Minister of State at the Department of Foreign time without which many European countries Affairs (Mr. Treacy): As we look forward to the would be far worse off. We need to applaud the completion of the fifth enlargement of the Euro- concept. pean Union, I express my satisfaction at the We also need to look to the future which has strong support for this Bill from all sides of the to include the ratification of a constitution at House. I sincerely thank all Deputies for their some stage. Some means has to be found to gel valuable and positive contributions. together the thinking of all the constituent Ireland has always been a strong supporter of bodies. All the EU members will have to think the enlargement process, of which we were about it and move forward. In the not too distant among the first beneficiaries when we joined the future there will have to be an extension of the European Union in 1973. During the years we euro zone. To make the European concept what have supported each subsequent enlargement, it can become we must move towards a recognit- extending the benefits of membership to those ion of the common currency and the European European countries that wanted to join and were institutions in the way they affect us in the future. 751 European Communities (Amendment) 13 June 2006. Bill 2006: Report and Final Stages 752

[Mr. Durkan.] Ta´ su´ il agam go mbeidh muid ag teacht ar ais That means we have a certain amount of inde- ar an cheist seo go luath, ag gabha´il comhghairde- pendence but it is entirely up to ourselves. achais leis an Bhulga´ir agus an Ro´ ma´in go bhfuil We have come so far so well. A great deal has siad ina mbaill iomla´ine sa che´ad dul sı´os. Ba been achieved since the 1950s and we still must cheart don Rialtas bheith in ann iachall a chur ar look to where we go from here in terms of the thı´ortha eile an AE glacadh leo go huile is go next phase. The next phase should include the hiomla´n mar thı´ortha den che´ad ghra´d, gan aon ratification of the proposed constitution or some- darna gra´d a bheith i gceist. Cruthaı´onn an da´ thing similar. The more the European institutions ghra´d sin go bhfuil easpa daonlathais san AE, are seen to falter the greater the chances of fail- maradu´ irt muidne thar na blianta. Ma´ ta´ an ure. It is of critical importance, therefore, that Rialtas seo agus rialtais eile ag iarraidh cruthu´ go these issues be kept alive with a view to resol- bhfuil mo leithe´id mı´cheart o´ thaobh daonlathais ution as opposed to having them around as a san AE de, is e´ ceann de na che´adrudaı´ ar cho´ ir means of causing divisiveness. This is a milestone. do´ ibh a dhe´anamh na´ glacadh leis na tı´ortha go Obviously, the procedure has been set down. We hiomla´nsache´ad dul sı´os. welcome and congratulate all involved in getting the process to this stage. There will be other Mr. Costello: I too welcome the passage of this requests for enlargement. It is important that Bill which amends the European Communities those countries be treated in a fair and equitable Act 1972 and provides for the accession of manner because any intention to reject an appli- Romania and Bulgaria. It is the fifth European cation for membership could be misconstrued, Union enlargement. The original intention was particularly, if it comes from a country where a that it would be six and six but the European large proportion of its population resides within Union speeded up the process and these coun- the continent of Europe. tries are the final extension of the fourth enlarge- ment. In a short time the European Union has Aengus O´ Snodaigh: Fa´iltı´m roimh an Bhille grown from 15 countries to 25 and now to 27, which is almost a doubling of the number of seo. Mar a du´ irt me´ sa choiste, ta´ su´ il agam go states. Nobody could argue that this is not a rapid nglacfar leis an Ro´ ma´in agus an Bhulga´ir go enlargement of the European Union. There is no hiomla´naranche´ad la´ d’Eana´ir an bhliain seo doubt after the accession of Romania and chugainn agus nach gcuirfear aon bhacanna Bulgaria there will be a period of reflection and rompu roimhe sin no´ aon mhoill ar a consolidation which, to some extent, is hap- mballraı´ocht. pening. The population will increase by a further Is brea´ an rud e´ du´ inn agus do thodhchaı´ tı´or- 30 million to approximately 484 million. That is a tha beaga ma´ thagann tı´ortha nach iar-impire- huge number of people. This offers great poten- achtaı´ iad isteach san Aontas Eorpach. Ta´ an tial for a country like Ireland which is a major tAontas Eorpach bunaithe ar chaidrimh agus exporter and requires an international market. cairdeas idir tı´ortha beaga seachas smacht na One on our doorstep such as the European dtı´ortha mo´ ra. Agus muid ag crı´ochnu´leisan Union, which as an open and free market is Bhille seo, is e´ an prı´omhrud ar mhaith liom a ra´, particularly desirable. maradu´ irt me´cu´ pla uair cheana fe´in, na´ gur Some problems remain to be ironed out, the cheart sta´das iomla´n a thabhairt don da´ thı´ro´ n most serious being the question of whether 1 che´ad la´. Is e´ an rud ata´ i gceist agam na´go January 2007 will be the accession date. For that mbeidh cead ag oibrithe o´ na tı´ortha sin taisteal we await the decision of Olli Rehn, the EU Com- timpeall an Aontais Eorpaigh. Ta´ a fhios agam missioner dealing with enlargement, whose final nach bhfuil an cinneadh sin de´anta ag an Rialtas decision will be made in the autumn. There are go fo´ ill. Ghlac se´ cinneadh cuı´osach ta´bhachtach questions regarding internal matters, especially i leith na dtı´ortha eile a tha´inig isteach roimhe on corruption, drug trafficking and human traf- seo, agus sheas me´fe´in agus daoine eile leis mar ficking, that give rise to major problems here too. gheall ar an chinneadh cro´ ga sin, a to´ gadh i gco- It must be asked if it is better that both Romania inne fhormho´ r na dtı´ortha eile san Aontas Eor- and Bulgaria are inside the European Union, pach. Le de´anaı´, tha´inig trı´ thı´r eile leis an triu´ ra which might facilitate dealing with some of those sheas amach sa che´ad dul sı´os. stubborn problems, rather than being outside the Ta´ ala´n daoine a´ ra´ na´r cho´ ir go mbeadh cead union for an extended period. I would prefer that ag oibrithe agus saora´naigh an AE taisteal agus they were inside, as well as a much greater tight- obair i ngach uile thı´r san Aontas, gan aon ening up of the operation of Europol and bhacanna. Ta´ siad in aghaidh na crite´ir a Interpol. chomhlı´onadh go hiomla´n. Nı´or cho´ ir go mbeadh On “Prime Time Investigates” last night we dha´ sta´das no´ dha´ che´im ann o´ thaobh ballraı´- saw how little executive authority is operational ochta de, a´fach. Ma´ ta´ siad sa´sta glacadh leis an with Europol. There is an exchange of infor- Ro´ ma´in no´ an Bhulga´ir mar thı´ortha san AE, ba mation but there is low grade determination to cho´ ir go gcuirfı´ e´ sin i bhfeidhm 100% o´ thu´ s gan deal with matters unless they are on individual aon darna gra´d a bheith ann, mar ata´ ann do na member states’ soil. Garda sources indicated a tı´ortha a tha´inig isteach sa bhabhta deireannach. figure of about 100 Irish criminals abroad. Inci- 753 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 754 dentally, RTE showed the wrong person in one Planning and Development (Strategic shot involved. It was supposed to be George Infrastructure) Bill [Seanad]: Second Stage Mitchell but was someone else. Perhaps RTE (Resumed). might do its homework and get it right the next time, after spending three weeks’ of taxpayer’s Question again proposed: “That the Bill be money chasing the wrong person. now read a Second Time.” In any case, we need to tighten up in this area, Mr. P. Breen: I welcome the opportunity to not just regarding drugs but human trafficking, speak on this important Bill which has been going now a major phenomenon. Many countries other through the House for several weeks. I welcome than just Romania and Bulgaria are involved and the Minister for the Environment, Heritage and we must deal with these issues. However, these Local Government to the House. are not reasons we should keep Romania and My concern with the Bill is that the Govern- Bulgaria out of the European Union. They are ment parties are using the planning process as a reasons we should tighten up all the procedures scapegoat for their appalling record on delivering in operation on cross-border illegal and criminal key infrastructure projects. Underlying that, there activities. The budget agreed recently will assist seems to be a perception that the balance in the this. planning process has swung too much in favour The labour market also concerns us. We have of the objectors. This seems to reflect my party’s been good Europeans in that we have opened our perception that within the judicial system the borders from the outset. Ireland, Britain and balance has tilted in favour of the accused. Some- Sweden have opened up our labour markets to thing like that was seen with regard to the recent the ten accession states from 2004. They have release of a sex offender, with the balance tilted been greatly beneficial in progressing this coun- away from the victim to the convicted person. try. An interesting fact is that the economies of When it comes to planning, I am not convinced the three countries that have granted access are that the perception that objectors to infrastruc- doing far better than the countries which have ture projects have held up such projects is correct. refused access, which have applied restrictions. When making his speech later, the Minister might That is why a number of countries have now provide some examples. changed their minds, while three or four other In this day and age it is hard to find examples countries have also agreed to open up their of infrastructure projects which have not been borders. held up. However, I blame the Government, in It was the major states such as France and terms of poor project design, a failure to properly Germany that were pressing ahead with enlarge- plan projects, a failure to anticipate technical ment. They were demanding it a few years ago, difficulties, pandering to particular interests and yet are now dragging their heels and refusing to a failure to place key projects into an overall inte- allow the new member states to have access to grated plan. These have been the hallmarks of their labour markets. We should now move ahead the Government. as a bloc of 27 countries rather than as a couple Some weeks ago, Deputy Peter Power spoke in of countries which decide to pick and choose how his contribution about the Madrid metro, how it they will open up their labour markets. Ireland was fast-tracked and built in record time, in 18 could usefully negotiate that in advance, or do months or so. This is an example of some work with the other major countries, partic- 6 o’clock how key infrastructure projects can ularly France, Germany and Italy, in smoothing be fast-tracked. We can also point to the way, in order that when both Romania and the hold-up of the Dublin port tunnel, colossal Bulgaria enter the EU, we should all sing from overspending on major road projects and delays the same hymn sheet. in their completion. In County Clare, the Ennis I see this as the final stage of the fourth bypass is currently under construction, two years enlargement. It is welcome, and is the culmi- behind schedule. It was to be completed in 2005 nation of an enlargement involving many states, but is now due for completion in 2007. I welcome which has brought Europe to a stage where a the progress being made but I understand prob- period of — perhaps not sustained reflection but lems have arisen and are being considered by the certainly a period of reflection — is required. We Minister for Enterprise, Trade and Employment, must then look towards Turkey, the Balkan states Deputy Martin. The Government refused to give and the structures — the EU constitution was employment permits to skilled Turkish engineers mentioned by Deputy Durkan — as to what and quantity surveyors working on the Ennis changes are required in terms of states joining the bypass. I hope the situation will be resolved as EU in the future. I am glad the European project quickly as possible as these skilled workers are is operating healthily and it has certainly been of needed to compete the bypass. If there is a prob- enormous benefit to this country. I would not like lem with their permits, it could have serious con- to lose the momentum. We should press ahead sequences for completion of the bypass. Gama even if other countries do not join in the immedi- has a commitment to Clare County Council to ate future. complete the road and to its sub-contractors. It is important that there are no hold-ups as Ennis is Question put and agreed to. chock-a-block with traffic. While the scheme is 755 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 756

[Mr. P. Breen.] need for long commuting times and the stress this due to be completed by April 2007, Ennis does entails. I read recently in The Guardian of one not need another summer of hold-ups. Every British study which showed how rural villages local road is a rat-run. With the volume of traffic could be turned around when they had broad- passing through the town, it now takes an hour to band and good road links. This is one of the most cross it when it used to take ten minutes. With innovative ways of generating new employment the recent fine weather, working hours on the site in a sustainable way. have been extended, which is to be welcomed. I From other infrastructural projects, there is am, however, concerned that the Turkish workers little evidence that the planning process is holding may become the victims of the stand-off between up development. In County Clare scores of towns the Department of Enterprise, Trade and and villages are without adequate sewerage Employment and Gama management following schemes. I will raise the lack of such schemes in last year’s dispute. Carrigaholt, Cooraclare and Labasheeda in the The failure to invest in other key infrastructure Adjournment debate tonight. The schemes have areas cannot be put down to the planning process. been promised since 2001 and I hope the Minister The failure until recently to invest in the rail net- will have a more positive answer tonight. On his work, particularly west of the Shannon, is one many visits to County Clare he has met interest example. Last November the Government groups from Mollogha, Scarriff and Quilty on the announced Transport 21 which finally gave some lack of such schemes. recognition to the need to reinvest in railway The problem lies with the Government’s policy infrastructure. Much of it in the west has lain idle on the costing of such schemes, not with the plan- for years. The Limerick to Claremorris passenger ning process. Many water and sewerage schemes service has not run for 30 years. In a recent will be cut back because of such costings. Core Adjournment debate I asked the Minister of areas in villages will be facilitated with schemes, State at the Department of Transport, Deputy while outlying areas will be neglected. People are Gallagher, for a commencement date for phase 1 frustrated because without an adequate sewerage of the western rail corridor. In reply he informed scheme in place, they cannot get planning per- me that he hoped it would commence in the next mission for one-off housing in particular, yet several weeks. I hope he will live up to that prom- developers with major housing schemes of 40 ise. It is a key project to the western rail corridor houses or more, backed by privately built sewer- and part of Iarnro´ dE´ ireann’s decision to expand age schemes, are waved through the planning the rail service. There has already been the suc- process. The one-off housing planning applicant cessful reopening of the Ennis to Limerick line. is told the application is premature and depends If the Ennis to Athenry phase were open, three on the construction of a sewerage scheme. cities — Cork, Limerick and Galway — would It is difficult to see how the Government or the be linked. country can win out with this attitude. Pollution With other key infrastructural projects, I am of the waterways continues because of antiquated struck by the degree to which Government sewerage schemes. Last week County Clare incompetence and mismanagement play a role. received six blue flags for its beaches but lost one The decision to fund the equestrian centre in on Lough Derg owing to algal bloom. This can be Punchestown was made without proper appraisal put down to the failure to implement pollution by the then Minister for Agriculture and Food controls. Related to this is the short-sighted and was subsequently highlighted by the Commit- approach to funding town and village sewerage tee of Public Accounts. schemes. The failure to appreciate the importance of Many Members spoke about the judicial review broadband as a driver of industry and develop- process associated with planning objections. They ment has resulted in Ireland falling to the bottom claim a project can be held up if a judicial review of the European league table on broadband take- is granted. It is true there can be lengthy delays up. Forfa´s, the Government’s enterprise advisory before a project is completed. Developers and board, placed Ireland below such states as Hun- other interested parties can be frustrated at such gary, Lithuania and Slovenia. Northern Ireland, a long drawn out process. Such a delay, however, on the other hand, has been revealed to be the is not due to the planning process. It is a problem first region in Europe to offer 100% broadband confined to the administration of the Courts Internet access. The Republic’s record in this Service and the backlog of cases that builds up. regard is dreadful and the Government fails to The Bill will not remove the backlog. It will only acknowledge it. Its only solution is to apply piece- restrict access to the judicial review process, meal, patch-on solutions, although it has been particularly by conferring the High Court with advised by Forfa´s that broadband is of major stra- the power to require an undertaking from an tegic importance for economic growth, enhancing applicant as to damages as a condition of the social and cultural development and facilitating grant of leave. innovation. Broadband is essential to revitalising A few years ago in County Clare there was a rural areas in order that people can set up busi- long drawn out legal challenge to the Govern- nesses in their homes. This, in turn, could offer a ment’s proposal to build an interpretative centre sustainable future for new families without the at Mullaghmore in the heart of the Burren. I am 757 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 758 sure the Minister of State, Deputy Batt O’Keeffe, build houses with direct access to national sec- can recall that case. It was a hugely divisive issue, ondary roads. Even when applicants had satisfied as many naturally viewed such a development as the local planning authority at considerable an economic boost for an area badly in need of it expense to themselves in respect to issues of — this was the approach taken by the Govern- traffic, site distances, and safety audits, which can ment also — and many people were angered by cost up to \2,000, and been granted planning per- the perceived ecological impact of such a mission by the local authority, in many cases the development on an area of natural beauty. Those decision was overturned by An Bord Pleana´la opposed to the development took what turned which upheld the objections of the National out to be a long drawn out action to have the Roads Authority. In spite of all the work and decision overturned and they were ultimately suc- expense involved, these people have had to go cessful. They took the case at considerable econ- back to the drawing board again. The young omic risk to themselves. Without going into the people in these situations want to continue living merits of the case or taking sides on it, I support in the areas in which they were born and grew the right of people to take such actions and seek up. However, they are deeply disillusioned with that this right would be protected. the planning system as a result of their One can well ask if it would be possible to experience. mount such a challenge under the provisions of In Ennis, another State body, the ESB, this Bill, and if a different outcome would be appealed to An Bord Pleana´la a planning refusal achieved today. If the wherewithal had not been by the local authority to erect a mast for telecom- available to challenge the decision to build the munications purposes. Again, the celebrations of interpretative centre, it would have gone ahead. huge numbers of local people were short-lived. It is important to examine this possibility in the Despite the agreement of a planning inspector context of the Bill. from An Bord Pleana´la with the local authority If the High Court had sought an undertaking planning refusal, the board ultimately overturned in regard to damages from the applicants in the the original decision. I raised this issue with the Mullaghmore case, the case would never have got chief executive of the ESB, Mr. McManus, in off the ground. As it is, the Government view of the latest development where the local ungraciously appointed debt collectors to recoup authority has made the decision not to seek a legal costs of £35,000 from the group before it judicial review because of the expense involved finally backed off, having wasted more than £5 for Ennis Town Council in this regard. I believe million over a nine-year period in its battle to the cost would have been in the region of build the centre. \100,000. In this case, An Bord Pleana´la made a Planning is a hugely contentious area. Planning decision in opposition to the recommendations of issues have presented the most fundamental chal- its planning inspector. In my letter to Mr. lenge to our democratic form of government in McManus I outlined the case that despite claims recent years. Abuse of the planning process led by some of his officials, a body of evidence now to the corruption of our institutions of State. At points to the adverse health effects of new gener- one time the taking of bribes became the norm ation phone masts. A new phone mast is also due for a large number of individuals. As a result, to be erected in my area. cynicism in regard to local and national govern- I again appeal to the Minister to examine the ment was at an all-time high as citizens found situation with regard to planning when it comes themselves powerless to make their protest heard to mobile phone masts or to people applying for and were let down by their elected rep- permission to build houses in rural areas. The resentatives. Department guidelines supposedly aim to pro- In contemplating the legislation before me I mote and support vibrant rural communities, but must take a step back and consider the wider all too often they achieve the opposite effect. I implications of the proposed sweeping changes to accept this Bill does not directly address such the planning appeal process that will remove issues, but it is important to refer to them. another layer of accountability from the Govern- I share the concerns expressed by my col- ment. One must bear in mind the rights of citizens league, Deputy O’Dowd, on the granting of a to challenge the process, particularly in view of range of new powers to An Bord Pleana´la which the lack of evidence to support the argument that may further erode confidence in the planning key developments have been delayed. process. Currently, the board has sweeping Planning issues take up at least half my con- powers on planning issues as long as it keeps stituency work, and I am sure that is also the case within its procedural framework. The Bill would with my colleagues. Issues arise with regard to grant it extensive discretion in terms of deciding one-off housing, especially in terms of the rights whether a project should come under the remit of sons and daughters of landowners’ to build on of its strategic infrastructure division. their own farm in rural areas, and the obstacles I am surprised at the lack of preparation and they come up against, particularly when they seek consultation by the Government parties with to build an entrance on to a national secondary regard to this Bill. No evidence has been pro- route. I am familiar with a number of cases where duced on the major infrastructural projects local farmers’ sons and daughters have wanted to alleged to have been held up as a result of flaws 759 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 760

[Mr. P. Breen.] This section amends the provisions of in the current planning Acts which the provisions Section 35 of the Principal Act to enable the in this Bill seek to plug. planning authority to refuse permission to a developer on the grounds of his or her past his- Mr. Costello: I welcome the Minister of State, tory of non-compliance with planning. The Deputy Batt O’Keeffe. I have considerable reser- applicant would be required to apply to the vations about this proposed legislation in terms High Court if he or she wished to have the of how it is presented and what it proposes to do. decision overturned. It will not expedite the development of strategic infrastructure throughout the country but will This means a local authority is not obliged to cause more problems than it addresses. apply to the High Court to chase a rogue devel- oper who has left a housing estate unfinished. The Bill is seriously flawed in at least two respects. First, when the Minister seeks to address Instead, the onus is now on the developer to problems relating to strategic infrastructural plan- prove he or she has behaved lawfully. The ning, he completely fails to address policy issues, Labour Party has argued for such a provision for especially spatial and social policy which contrib- decades. As a Member of the Seanad, I argued ute to good planning and which impact hugely on some years ago for legislation to this effect. It is the quality of life of citizens. only now, however, that a provision will be Second, in his eagerness to facilitate infrastruc- included in the Statute Book to ensure that rogue tural projects, the Minister has thrown out the developers who leave successive estates unfin- baby with the bath water. He has removed the ished and in a grotty mess for years will face pen- two pillars of democratic decision-making which alties. They will be refused planning permission if currently underpin planning decisions, namely, they do not conduct their affairs properly. This is the local authority and An Bord Pleana´la. In a most welcome development. doing so, the Bill makes the current appeals I hope the Minister will consider accepting mechanism of An Bord Pleana´la, the sole plan- amendments to cover some of the provisions ning authority. Accordingly, the role of residents omitted from this Bill. The most urgent outstand- in the planning process will be eroded and limited ing legislative provision relates to the recom- to small-scale developments while the major mendations of the Kenny report. The Minister is infrastructural projects which will have most well advised to turn his attention to implementing bearing on the quality of their lives will be those recommendations, which would regulate beyond their scope to influence. the value of development land. They would put I do not believe the Bill will speed up the plan- an end to the obscene windfall profits made on ning process by eliminating one of the current pil- land rezoning in recent decades. The Mahon tri- lars of planning. The issue of High Court chal- bunal presents us with a daily diet of stories of lenges has not been addressed by the Bill and by councillors and officials bribed by greedy devel- undermining the local authority and the role of opers who stood to make a fortune on rezoning citizens in the formal planning process, the Bill even a small parcel of land. will give rise to far more legal challenges which The lack of effective planning and rezoning law will have the effect of greatly delaying planning has effectively corrupted the system in several applications. This is the exact opposite effect to areas throughout the State and, in many cases, the intention of the Minister. For example, the has corrupted those working in that system. We current unsavoury legal row between competing can deal with this by implementing the Kenny developers has created a scandalous six-year report recommendations. Perhaps the Minister delay in developing the prime Carlton site on intends to do so in some other legislation but I O’Connell Street. This is an enormously lucrative would like to see it included here in order that site and the hold-up prevents the integrated area it can finally be progressed. This would serve to plan from moving forward because a couple of eradicate the terrible greed and bribery that has developers are dug in. Developers have large been so much an element of the political and pockets and, as we have seen, can take their case development business for several decades. This is all the way to the Supreme Court. Residents, the most important requirement of legislation in however, cannot take such action. Given the this area. enormous sums of money involved, we may find It is unacceptable that the law currently per- ourselves getting bogged down in legal chal- mits a developer to build a structure without lenges. A national, independent appeals mechan- presenting a planning application, erecting a ism is required to which any person unhappy with notice and consulting residents. Moreover, having the decision made by a local authority in respect constructed a structure without the necessary per- of a planning application can make his or her mission, he or she is permitted to apply for reten- case. This is the rational and logical way forward. tion. Many such retrospective applications are Although many pressing matters are omitted successful even though the very concept is a con- from this legislation, I am pleased with the pro- tradiction in terms, it being possible only to plan visions of section 9, which amends section 35 of forward. Our system, however, facilitates back- the principal Act. The explanatory memor- ward planning and that is no planning at all. This andum states: issue must be dealt with urgently. 761 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 762

During a debate on local government legis- It has nothing to do with poor planning but is a lation in 2001, the then Minister for the Envir- consequence of poor administration and onment, Heritage and Local Government, management. Deputy Dempsey, told me it would not be right Look at the situation with regard to roads. to abolish the retention provision because this There are roads of poor quality everywhere and would mean, for example, that a little old lady tolls in inappropriate locations. We also have one who may have forgotten to apply for planning of the worst accident records in Europe. Many of permission for an extension would be penalised the problems with our roads have nothing to do and given no chance to retain that extension. with planning issues. Often they are caused by These are the terms in which the Minister spoke mismanagement and, as we saw in the Mahon tri- of the issue. It is not, however, little old ladies bunal with regard to a road project in south who forget to lodge their planning applications Dublin, ill-advised rezoning and corruption. but big bad wolves, of whom there are many wait- We had a much better rail network 100 years ing to get their hands on profits and find a loop- ago. Trains were much quicker and more hole in the system. comfortable. In fact, 100 to 150 years ago the rail Will the Minister also examine the horrible network was not only far more comprehensive, it modern phenomenon of management companies, was also far speedier and more comfortable than which has exploded throughout the State in it is now and we have not been able to do any- recent years? These companies are set up by buil- thing to change this. There has been much talk ders to manage apartment complexes and hous- about reopening the western rail line, but we will ing estates and householders often find them- believe it when we see it happen. selves obliged to pay management charges which On sea transport, Irish Shipping no longer generally rise sharply every year. The law pro- exists and we saw what happened with Irish vides that the developer’s nominees in the man- Ferries a number of months ago. The Irish mer- agement company can outvote the owners, even chant navy has gone down the Swanee. We do in cases where the developer retains only a single not have an infrastructural network to deliver our unit. I understand conveyance law may not be the goods internationally. Now we are about to sell Minister of State’s area of expertise but it is our national airline, the only link with the outside within his general ambit. This law means home world over which we have control. We have no owners may never get to manage their own merchant navy and when we privatise Aer estates and that the developer could potentially Lingus, we will find ourselves without any infra- retain control indefinitely. This must be structure to allow us to control the export of our addressed in the interests of the citizen. Once the goods. That is a dangerous road to go down. home owner has bought the property from the These are not planning matters; they are developer, the latter should have no further say Government decisions or, in some cases, the lack in its management. thereof. Even on the matter of the second ter- Will the Minister of State outline the charges minal at Dublin Airport, it has taken forever and that will be imposed in regard to making sub- a day for a decision to be made. The Government missions to An Bord Pleana´la under this new dis- could not make a decision on it. In fact, it cannot pensation? Perhaps he will take the opportunity make a decision on the privatisation of the airline to show his goodwill by eliminating the current either. It is on and off again. We do not know charges of \20 and \200 for local authority sub- what will happen ultimately. missions and An Bord Pleana´la submissions, Our infrastructure must be well planned. A respectively. He should at least make some move more holistic approach to areas such as spatial in the direction of easing the situation for the and social policy is required. We must know long suffering resident who is the subject of a where we are going in the longer term. If one planning permission that may have a detrimental takes my constituency of Dublin Central, the port effect on his or her life because of the intensity tunnel will finally be completed years after its of development taking place. original deadline at a price three or four times Ireland is a wealthy country that is very poor the original estimate. The situation with the Luas in terms of its infrastructure. The Minister is to was the same. The timescale was totally out of be applauded for seeking to address this problem synch with what it should have been, as was the but I am not convinced he will achieve the price. The metro will be built in due course, desired effect by the means he has employed. although “in due course” is probably the Deputy Pat Breen observed that Northern operative part of the sentence. Ireland has 100% broadband access while the A further series of developments is due to take Republic is at the bottom of the European league place in Dublin Central. The DIT is moving to a in terms of broadband availability. We present site in Grangegorman; Dalymount Park, the ourselves to all comers as an educated, thrusting grounds of Bohemians Football Club is to be sold young nation that is light years ahead of any to a developer; Mountjoy Prison is being closed other country. The reality is we are way behind down and will be sold to a developer, if the Mini- our neighbours. When opening a new constitu- ster for Justice, Equality and Law Reform is to be ency office last year, I had to wait six months to believed, while the children’s hospital at Temple access broadband in Dublin. That is incredible. Street and the Rotunda Maternity Hospital are to 763 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 764

[Mr. Costello.] I do not wish to suggest for one second that be relocated to a new site adjacent to the Mater infrastructure should simply be put in place with- Hospital, if the Taoiseach gets his way. This adds out consultation. It is vital that there is consul- up to massive development in a particular part of tation but some degree of realism is also essential. inner city Dublin. What will the planning process In the case of the M3 which services Cavan and do with this? It will deal with each of these pro- part of County Monaghan, if those who are jects individually. Why not have an integrated opposing the development had to travel that road area plan to deal with all of them? Otherwise, a on a daily basis, in commuting to or transporting certain type of development will be constructed goods to Dublin from Cavan or County Donegal, on the prison site, while across the road another some of the issues they have raised would not be development will go up on the Dalymount Park so important to them. site. Further down the street, the new DIT college Counties Cavan and Monaghan have had the will be built with no thought given to addressing lowest growth rate in Ireland in recent times, transport needs or an integrated network of partly because industry has not been prepared to communications. How are people going to get to develop in these areas because of the infrastruc- the college or hospital? Phibsboro is already a tural deficit. Interest has recently been expressed massive bottleneck. in County Monaghan because of the excellent Will the Bill address any of these issues? I do service provided by the M1, linked to Ardee and not think it will. It will take each of these major Carrickmacross. I hope that in the next few years developments and streamline the planning pro- the towns of Castleblaney and Monaghan will be cess for each one or attempt to ensure a decision bypassed and the improved road will continue is reached on each of them quickly. Will it towards the Border. improve the final result, or will we still have var- ious parts with no interconnecting link? I fear the Mr. B. O’Keeffe: We are spending some latter will happen in the case of the aforemen- amount of money. tioned developments. We need a broad spatial plan. We also need Mr. Crawford: I am very proud of the fact that integrated area or regional plans for a collective I was part of the group which campaigned for of developments. That is not happening. Cur- this. This year—— rently, developments are proceeding totally inde- pendently of each other, with no interconnection. Mr. B. O’Keeffe: We delivered it for the The result is often a dog’s dinner, with poor Deputy. communications systems, a snarling up of traffic and difficulties for people in getting to work. Mr. Crawford: ——we are getting over \51 mil- Lop-sided developments take place because of a lion for the M2. That will make a major failure to look at the broader picture. The Mini- difference. ster has not addressed this issue in the legislation. Other issues must be examined. A deal was He must look at the broader picture and address done before the last general election by the IFA the issues causing so much grief. Implementation and the Government on the purchase of property of the Kenny report would sort out the rezoning for infrastructure. Having dealt with many farm- problems. The Minister must also tackle manage- ers in County Monaghan in recent months, I am ment companies to deal with the management of sad to see that deal has been completely ignored. estates, as well as the charges local residents have The Government must look seriously at this issue. to pay. He must also deal with the issue of plan- When property is being bought under a CPO, it ning retention, the greatest anomaly. I do not must be done compassionately. Many farmers are know who came up with the idea, but it has being put out of business, while property owners nothing to do with good planning. are being seriously affected. Issues must be dealt with constructively and realistically. Why send Mr. Crawford: I welcome the opportunity to people from Dublin to meet a property owner for speak on the Planning and Development the first time when someone could go from the (Strategic Infrastructure) Bill 2006. We have council who understands the background and heard much in the past few years about plans for could construct the deal in a positive manner? infrastructure and about the billions that will be When these affairs drag on for years, it brings spent on roads, railways and so forth. However, rancour and distrust. We want to get the practical if one looks at what has happened in recent years, details right, as well as the legal issues. If infra- for example, the picture is not so positive. One structure is to be delivered speedily and with the only has to look at the delays on the M50 and the consent of the public, we must go back to the associated costs and trauma, or the M3, that is, agreement between the IFA and the Govern- the road from Dublin through Navan to County ment. One element is taxation, where farmers Donegal. These situations are unacceptable. were guaranteed a roll-over if they bought other From that point of view, I welcome the Bill and land because they were replacing land to carry on hope that when it is implemented, it will be cap- a business but that is not the case. If someone able of delivering what it promises in a construc- sells land under a compulsory purchase order to tive and proper manner. the State through the council or the NRA, he or 765 Planning and Development (Strategic 13 June 2006. Infrastructure) Bill: Second Stage (Resumed) 766 she must pay 20% tax and a rate of 9% for the Railways are equally important in terms of purchase and transfer of the land. The money he infrastructure. Dublin has seen major improve- or she was supposed to get for the land is cut by ments but where I live there is not a single rail- 30%. way; we are totally dependent on roads. When There are difficulties and delays in planning. A looking at infrastructure, the Minister must mill was burned down in County Monaghan and ensure the railway lines that are in place are not I went to see if the owners needed help. They done away with because some day the country said they wanted to have the rebuilt facility fast- will re-establish them to ensure people can be tracked through the planning process. We met the brought into and out of the city with ease and personnel involved but when the final plans were in peace. submitted, papers were not transferred from one For instance, there was a railway from Navan office to another, leading to a delay for months. to Dublin. Its return has been promised within The company eventually gave up. It had missed a the next generation, but it could continue to deadline for the purchase of steel which meant it Kingscourt, taking a great volume of traffic from could not produce cattle feed for another season. Cavan-Monaghan directly into Dublin without Delays such as this cause job losses. adding to traffic volumes on the roads. If infra- The most interesting case I dealt with recently structure such as park and ride schemes was put was that of a biomass plant. I got the system in place, it could be of major benefit to those of through Brussels under the fifth programme. As us who must commute to Dublin city, into which a result, this House did not have to deal with it. we must drive in a single line of cars, with a bus It was only then that the problems started. The lane beside us that is virtually empty. If there was Minister for the Environment, Heritage and a park and ride scheme along the M50, it would Local Government and the Minister for ease congestion. Communications, Marine and Natural Resources I wish to comment on something mentioned by talk about their great plans, yet when the plans Deputy Costello, namely, the new Mater Hospital for the biomass plant were submitted, they took proposal and the need for proper planning. One 27 months to get through the system. It is claimed must wonder about access and parking. We are it was the result of boundary problems. Eventu- saying, on the one hand, that we will decentralise ally planning permission was refused in the High the Civil Service, forcing staff at senior level to Court and the case is now before An Bord move; yet here we are centralising matters as Pleana´la. This Bill is needed if we are to over- much as possible. We have been requested by the come such problems. I had the full list of dates of HSE to attend a meeting tomorrow and told it submission and examination for the plans and the will examine hospitals in the north east based on times excuses were given. This practice cannot be a study it has conducted without consulting any- allowed to continue. One company involved in one locally. The e-mail simply states it will brief the business pulled out at an early stage when it us on the report from a London based company saw difficulties and applied for permission for a which would not even understand the situation in similar plant in west Cork. That plant was built Cavan-Monaghan. It also states it will explain in Enniskeane and now provides electricity. The how it will deal with the report. In other words, project in County Monaghan is being examined it is suggesting it will take action on a report on by An Bord Pleana´la. I sympathise with those in which there has been no consultation locally. the area of the proposed plant because it was not There is also a proposal for a brand new initially meant to be located in that area but For- hospital in Drogheda, to be built either immedi- fa´s, which owned the original land, claimed it had ately adjacent to Lourdes Hospital or on a nearby all been sold, although there was a written agree- football pitch. Anyone who considers the area ment, and it pulled out. Such behaviour disil- will see that Ardee would be the ideal site. There lusions people. They put enormous work into an are already the Mater and Blanchardstown enterprise and every possible obstacle is put in hospitals in the north east. I say to the Minister their way. I hope this Bill will speed up the bluntly that he must take hold of the issues at process. Government level. The Chair did not give me a Does the Bill cover cross-Border issues? chance to raise it with the Taoiseach today, but as County Monaghan has 100 miles of border and a Government and as politicians, we must surely we must ensure similar problems to that I out- accept some responsibility for how services are lined cannot happen again. I ask the Minister to run. check this to ensure the Bill can avoid such hold The one issue that worries me about the Bill is ups in future. It is not fair to industry or those that we are handing so much power to the NRA, who put their money where their mouth is when a body which, like the HSE, is not answerable to putting forward such plans. I have nothing against this House in any real sense. It can be brought the planning process; I am not lobbying one way before a committee, but it cannot be brought or the other, but I want to see it move more before the House to answer the thrust of debate. quickly. Hold ups such as those on the N3 are not That is the angle that worries me. I know we must tenable. If such problems are sorted out in the have some independent body which can push legislation, it will be easier to create jobs in these issues, but it should also be answerable to rural areas. the House. The Minister must be able to attend 767 Human Rights Issues: 13 June 2006. Motion 768

[Mr. Crawford.] already its responsibility, strategic infrastructure on its behalf and tell us exactly what is being consents, major electricity transmission lines, rail- done. way orders and strategic gas infrastructural pro- jects. The types of projects covered are set out in Mr. B. O’Keeffe: That would be interference. the Schedule to the Planning and Development Act 2000. The persons or bodies seeking per- Mr. Crawford: We are not talking about inter- mission for such strategic infrastructure will apply ference but about the Minister telling us the facts in the first instance to An Bord Pleana´la for a of how and why something is being done, some- decision on whether it is of strategic importance. thing to which people are entitled. If the Minister Where the board decides positively, an appli- of State was in my situation, representing a con- cation, with an environmental impact statement, stituency such as Cavan-Monaghan — the Mini- may be made directly to it. It has been claimed ster for Health and Children did not even think that the public, local authorities and stakeholders it worth her while to visit either hospital in the will be consulted and that their views will be area — he would wonder why we have Ministers taken into account. The Bill also introduces at all. I wish to warn him, before the Bill is major changes to the way in which the board finalised, that there must be clear political handles infrastructure consent issues. accountability to ensure that whoever is in charge does not get carried away. Debate adjourned. We need the infrastructure, and we make no apology for saying this. I will support it 99% of Estimates for Public Services 2006: Message the way, but I am scared, from what I have from Select Committee. learned of the new HSE, that the powers to be Acting Chairman (Mr. Sherlock): The Select given to the NRA will be similarly abused. That Committee on Social and Family has completed is not good for democracy or how the country its consideration of Vote 38 for the year ending is run. 31 December 2006.

Mr. Healy: I am pleased to have the oppor- Private Members’ Business. tunity to speak on the Planning and Development (Strategic Infrastructure) Bill 2006 which pur- ———— ports to amend the planning Acts to introduce a strategic consent process for infrastructure of Human Rights Issues: Motion. national importance provided by statutory bodies and private promoters and restructure An Bord Mr. M. Higgins: I move: Pleana´la to establish a strategic infrastructure That Da´il E´ ireann, division to handle all major infrastructural pro- jects. It is claimed the Bill will provide a better noting that: service for all involved, including the infrastruc- — the State is not simply obliged by national ture providers, State bodies and the general and international law not to engage in tor- public. It is to do so by providing for a single ture, but also has positive obligations to stage process of approval for projects, rigorous ensure that torture is not facilitated and assessment, including environmental impact that individuals are not placed at risk of assessment, full public consultation — or so it torture, inhuman or degrading treatment; states — and certainty regarding timeframes. Among the infrastructure to be included in the — the national and international legal con- process are major environmental, transport and sensus that a state cannot rely on diplo- energy projects. The decision on whether a pro- matic assurances alone to discharge those ject is to be dealt with under the strategic consent positive obligations, and, in particular, the process is a matter in each case for An Bord statement of the secretary general of the Pleana´la. Council of Europe that ‘mere assurances The Bill’s key features include introducing a by foreign states that their agents abroad one-step strategic consent procedure for certain comply with international and national types of major infrastructure. It also deals with law are not enough. Formal guarantees responsibility for deciding on and enforcement mechanism need to be 7 o’clock approval of railway orders, including set out in agreements and national law in light rail and metros, which are to be order to protect ECHR rights’; transferred from the Minister for Transport to An — the Legal Affairs Committee of the Bord Pleana´la, and on large electricity trans- Parliamentary Assembly of the Council of mission lines and strategic gas pipeline infrastruc- Europe has adopted a report from ture, also to be transferred. Senator Dick Marty to the effect that the A new division will be established within An United States has progressively woven a Bord Pleana´la to handle decisions on all major clandestine ‘spider’s web’ of disappear- infrastructural projects, including major local ances, secret detentions and unlawful authority projects and motorways, which are inter-state transfers, spun with the collab- 769 Human Rights Issues: 13 June 2006. Motion 770

oration or tolerance of Council of Europe law, of actions carried by or on behalf of member states; the United States that are under inquiry and that a principle of trust in formal — the Marty report concludes that certain diplomatic assurances does not justify a Member States, including Ireland, could refusal to have any regard to those be held responsible for active or passive allegations: collusion (in the sense of having tolerated or having been negligent in fulfilling the calls on the Government to:— duty to supervise), involving secret deten- — accept its legal and constitutional tion and unlawful inter-state transfers of responsibility to ensure that the territory persons whose identity so far remains and facilities of this State are not used for unknown, and that Ireland in particular illicit purposes and especially not for could be so responsible for permitting human rights violations by any other state; Shannon to be used as a stopover for flights involving the unlawful transfer of — support the recommendations outlined in detainees; the draft resolution of the Legal Affairs Committee before the Parliamentary — the secretary general of the Council of Assembly of the Council of Europe; Europe has commended the Marty Report and stated: ‘Senator Marty has — establish a credible independent investi- made some serious allegations about the gation into the existence of any secret and involvement of several European coun- extralegal arrangements, agreements or tries. I note that some governments have understandings, whether formal or infor- immediately denied these allegations but I mal, between the Irish authorities and the think that they should make clear whether authorities of any other State, including at they have investigated these allegations senior political level, as regards over before rejecting them’; flights, stopovers and extraordinary rendition; — the Irish Human Rights Commission has stated that: ‘the report of Senator Marty — use the full powers available under the is persuasive if not conclusive, and gives Air Transport and Navigation Act, and to credence to the concerns already raised by make such amendments as are appro- the Irish Human Rights Commission. It priate in such Acts for the vindication and strengthens the case for a fundamental guarantee of human rights, and to use rethink, especially on the reliability of such powers and powers under the diplomatic assurances. Reliance on diplo- Chicago Convention to introduce an matic assurances is at the very heart of the appropriate regime of inspection of civ- Irish case and in this context the Human ilian aircraft, rather than relying solely on Rights Commission is strongly of the view Garda powers relating to crime investi- that the only form of diplomatic assur- gations, and ances that could meet our constitutional — outline what further proposals it has in and international human rights obli- order to honour its commitments in this gations would be ones which were fully regard under constitutional, domestic and legally enforceable and were accompanied international law. by an effective regime of monitoring and inspection of aircraft suspected of involve- The suicides of three inmates of Guantanamo ment in the rendition of prisoners.’; Bay reported this week; the continuing use of extraordinary rendition by the Central Intelli- — committed to full engagement and co- gence Agency, CIA, on behalf of the US Govern- operation with other states to counter ment with the co-operation and collusion of many international terrorism and in that regard European governments, which have ratified the recalling the EU Presidency statement of European Convention on Human Rights but the 11th May, 2006 that: ‘We share the which are violating their own charter as to human view that effective counter-terrorism rights; and the peremptory killing of a family on measures and the protection of human a beach in Gaza means that the international rights are not conflicting goals, but comp- community has sunk to an appalling level where lementary and mutually reinforcing. Our one must question the viability of international fight against terrorism must be placed law. Any government that believes in the funda- within a rule-of-law framework and con- mental principles of the Universal Declaration of ducted in full conformity with inter- Human Rights or the European Convention on national law, in particular human rights Human Rights must not just unequivocally con- law, refugee law and international demn what is happening in Guantanamo Bay but humanitarian law’; must campaign for its immediate closure. — satisfied that there are real and substantial No campaign against international terrorism is grounds for concern as to the lawfulness, served by operating outside of international law in terms of both Irish and international in its most fundamental aspects. The US Supreme 771 Human Rights Issues: 13 June 2006. Motion 772

[Mr. M. Higgins.] international law, even if it has ratified that law. Court has spoken in the past about the import- The protection of the person by law is receding ance of not using tyrannical methods in dealing daily. There is even an attempt by the most with what was suggested as the threat of tyranny. powerful states to redefine the meaning of torture In its judgment in Rasul v. Bush, the US Supreme despite a universal abhorrence and rejection of Court observed that: the practice at the time of the passing of the United Nations Convention. It is interesting that At stake in this case is nothing less than the the leader of the US delegation to the United essence of a free society. Even more important Nations Committee against Torture and other than the method of selecting the people’s rulers Cruel, Inhuman or Degrading Treatment or Pun- and their successors is the character of the con- ishment sought to narrow its application, suggest- straints imposed on the Executive by the rule ing that Article 3 applied within the US but not of law. Unrestrained Executive detention for outside it. Ordinary language tells us and ordi- the purpose of investigating and preventing nary people understand that people have been subversive activity is the hallmark of the Star placed in illegal detention outside the reach and Chamber...for if this nation is to remain true to protection of international law in places like its ideals symbolised by its flag, it must not Guantanamo Bay. The three suicides that have wield the tools of tyrants even to resist an taken place in Guantanamo Bay have occurred in assault by the forces of tyranny. the context of 41 attempted suicides involving 20 Extraordinary rendition, which is the subject of people in recent years. There must be no doubt our motion, lies outside international law. It is a in anyone’s mind and under any fair interpreta- parallel system that does not simply involve the tion of international law that enforced disappear- agency of one country but has ensnared other ance, which involves the hooding, kidnapping, European countries which now participate in and detention of persons outside of any legal pro- illegality. It has been described as a spider’s web tection and in indeterminate circumstances, is an in the report produced by Senator Dick Marty oppression of such a scale that it can be regarded on behalf of the legal affairs and human rights as torture. committee of the Council of Europe. This is why The international community is tested by its it is important that we do not merely condemn it. willingness to achieve the closure of Guantanamo I am not suggesting that the Irish Government Bay and related facilities immediately. It is these has done anything else other than condemn tor- events that make it imperative for smaller nations ture and extraordinary rendition and at times to vindicate the fundamental principles of inter- state that it is in favour of full acceptance of the national law. Such vindication requires not just a norms of international law. However, the issue is rhetorical assent to the principles but practices whether the Government in the name of the Irish and compliance that are transparent and people can fulfil its duty of compliance with what sufficient given the fundamental issues that are is a fundamental principle of international law, involved. Extraordinary rendition is a clear namely, the condemnation of torture, without breach of the norms of public international law. putting in place such practices as will lead to the Such norms require a positive compliance. The full disclosure of process. It does not matter if the United Nations Committee against Torture and airplane coming home is empty if a government other Cruel, Inhuman or Degrading Treatment or has lent itself to the process. That government is Punishment creates a set of positive obligations. still not compliant with its obligations under one In the case of landings at Shannon Airport by air- of the fundamental principles of jus cogens in planes on leases to the CIA, there is an obvious international law, namely, the duty owed to all requirement to ensure that human rights law is members of the family of nations that have con- not being broken. The Irish Government is not in demned torture, be it through the United Nations a position to give us any assurance on this. It has Convention or the European Convention on neither put such conditions to its permission to Human Rights. This is why no campaign against use the facilities at Shannon Airport nor has it international terrorism is served by practices out- executed such inspections as would monitor basic side international law and no compliance with compliance with international law. international law is satisfactory unless it has clear The purpose of our motion is to ensure Ireland observable principles of practice as well as is seen by the international community and, more rhetoric. importantly, by its own citizens to have fulfilled The whole nexus of extraordinary rendition, its positive obligations in respect of such funda- often with an endpoint of detention in Guantan- mental principles of international law as are con- amo Bay or of such interrogation in third coun- tained in the International Covenant on Civil and tries as creates the real fear of inhuman and Political Rights of 1966, the Convention against degrading punishment or torture itself, is an Torture and other Cruel, Inhuman or Degrading appalling indictment of international practice at Treatment or Punishment of 1984 and the Con- the present time by some of the most powerful vention for the Protection of Human Rights and nations. It tacitly suggests that the rules of inter- Fundamental Freedoms of 1950. national law belong to smaller countries and that The context in which I move this motion on the hegemony can operate with impunity outside behalf of the Labour Party is one in which there 773 Human Rights Issues: 13 June 2006. Motion 774 is a serious erosion of commitment to inter- seek the agreement of the US authorities to national law. Extraordinary rendition is part of inspect aircraft would certainly facilitate this. the new extra-legal environment that has been That did not happen. It is not the only opinion created in the name of combating international on putting inspections in place the Government terror. Taken together with the establishment of has ignored. Recently a request was made for an places of detention such as Guantanamo Bay, the investigation of past practices, inspections and acceptance of the principle of pre-emptive strikes such conditions in the future as would make spec- and assassination, and the absence of care for the ific reference to the protection of human rights. rights of civilians as exemplified by the killing last So far, the Government has done nothing in this week of a family on a beach in Gaza, the snatch- regard. It has not carried out inspections of air- ing of persons and their transmission without craft on lease to the Central Intelligence Agency legal protection to places of detention outside the of the United States that have landed at Shannon law represents the lowest point to which respect Airport. Some of these aircraft have been iden- for international legal principles has sunk in tified through their registration numbers as the recent decades. Ireland at this juncture must aircraft involved in extraordinary renditions. clearly establish its position in respect of such In its report on 5 April 2006, Amnesty Inter- developments. It must clarify its own position national identified a number of United States immediately and without equivocation. Irish companies used to charter or operate aircraft people are appalled at finding themselves in the involved in renditions. It examined the detailed position of needing to defend themselves from flights of four aircraft. In the House, the Minister the suggestion they are part of an extra-legal pro- for Transport, Deputy Cullen, acknowledged that cess instead of leading in defending inter- N313, a Boeing jet registered to Stevens Express national law. Leasing Incorporated, had landed 14 times at On such issues of torture, enforced disappear- Shannon Airport. In January 2004, this aircraft ances and illegal detentions, which are of the first was used to take Khaled al-Masri to Afghanistan order of importance in international law, we are after being kidnapped in Macedonia. not only required to be unequivocal in our con- The Minister acknowledged that N379P, a Gulf demnation of such practices — I want to be scru- Stream executive jet, landed at Shannon Airport pulously fair and say the Government has con- 15 times under two registration numbers. This air- demned such practices — but we must be equally craft was known as the Guantanamo Bay Express unequivocal in respect of the procedures we put because of the frequency of its visits to Guantan- in place to clearly show we are not part of any amo Bay. This plane was used to transport process of facilitating such extra-legal activity. Achmed Agiza from Sweden to Egypt. In its However, we have not been able to do this. We response to different bodies, the Government have not sent gardaı´ on to a single plane in should refer to the Agiza case. Sweden had assur- Shannon, planes that have the same registration ances from Egypt that nothing would take place numbers as those that snatched people extra-leg- that was in breach of any convention. The United ally and moved them to places of torture. We Nations Committee against Torture held against have not explained what these planes were doing Sweden that such diplomatic assurances should if they were not involved in the process of extra- not have been accepted. ordinary rendition. N829MG is the registration number of the The Irish Human Rights Commission state- plane that took Maher Amar, who had joint Can- ment of 6 January 2006 gives details of correspon- adian-Syrian citizenship, from New York to Jor- dence between it and the then Commissioner for dan in 2002. He was later tortured in Syria. This Human Rights, Mr. Alvaro Gil-Robles. In plane landed twice in Shannon. N85VM, a Gulf December 2005, it asked the Government to Stream IV, transported Abu Omar to Egypt after carry out inspections at Shannon Airport so that his kidnap in Italy. it could say it was in full transparent compliance The Marty report shows flight plans through with the UN Convention Against Torture. Mr. Shannon to Rabat, Cairo and Amman. What Gil-Robles wrote to the commission and stated: were these planes doing in Shannon if they were not involved in extraordinary renditions? There States have a responsibility to ensure that is no principle in international law that would their territory and facilities are not used for support the suggestion that one must find a body illicit purposes, especially not human rights on the plane for it to be in breach of the United violations and, even more particularly, for Nations convention or Article 3 of the ECHR. violations of Article 3 of the ECHR. In so far as so-called extraordinary rendition flights are Mr. Stagg: Hear, hear. concerned, States must be in a position, where there is doubt, to establish who is on board Mr. M. Higgins: If one involves oneself in part planes transiting via their airports, whether of the process, one is in the process. Under the they are travelling freely or are detained, and, principle of non-refoulement, if one extradites a if the latter, under whose authority they are person, one follows the process through to where being transported and for what purpose. The that person goes. It is the same principle in IHRC’s proposal that the Irish Government respect of a deportation. One cannot say that 775 Human Rights Issues: 13 June 2006. Motion 776

[Mr. M. Higgins.] public concern in Ireland, Europe and inter- because one chooses not to know, one is not com- nationally and the fact that planes had been plicit in some way. This is the difficulty in which shown to have matching numbers with those the Government has placed Ireland, which is involved in extra-legal activities in different parts referred to in the Marty report. of Europe. In the last paragraph of the Government’s The Government has chosen to rely on what it amendment, it speaks of enhanced verification refers to in its amendment as categorical or arrangements that it proposes to make after general assurances. We know neither the defini- today’s press conference on the discovery by a tion of those words nor the difference between cleaner of a man in handcuffs on a civilian aircraft them because we have never seen them used in with mostly military personnel on board. Such a writing. We are told that the assurances are of person was entitled to international protection in such an order as to confer importance on us, terms of the way in which he was held, his access because only three countries in Europe were to legal opinion and so on. It is not simply a case given such powerful assurances as we. Is that not of imagining this is America’s business. The interesting? The Irish Government has never United States did not approach the Department sought information why the very aeroplanes on of Foreign Affairs and say it needed to confess lease for use by the CIA and working in clear something but did not have the time to do so until breach of international law were landing in now. Only when someone cleaning the plane saw Shannon. It never sought information on what the person on board and told somebody else was these aeroplanes, which were clearly involved in the process discovered. extra-legal networks of flights, some of which had The Government, in its reply to the Secretary become the subject of proceedings, were doing General of the Council of Europe, correctly sug- in Shannon. gested that people had protections under the law. We must come to the nub of the matter. The For example, it drew attention to the civil Government will state that diplomatic assurances aviation Acts of 1988 and 1998, but it did not tell of the quality it has received are sufficient and the Secretary General that it did not implement that it would be an unfriendly act to require that legislation in respect of the planes landing at more, but how can it be regarded as unfriendly Shannon Airport. It was entitled, under section for a country which has friendly relations with 49 of the civil aviation and transport Act of 1998 another to state it wishes to honour the European to board a plane, but it never did so. Regarding Convention on Human Rights, the United the five complaints made and the two complaints Nations committee against torture, the Secretary sent to the Director of Public Prosecutions, the General of the Council of Europe and the Venice Government relied on secondary evidence for its Commission on the legal obligations of the signa- files. Thus, it said that it asked the cleaner and tories of the ECHR, and to say it wants to be able the mechanic about the matter. to show it has implemented the requirements of It is interesting that when Senator Norris and I those bodies? met two senior gardaı´ and asked why planes were The Irish Government has decided to place the not being inspected, they suggested they did not assurance it received above its clear obligations have the power to enter or search planes or make to the practice and vindication of human rights. arrests under the Criminal Justice Act, which Those who have said that diplomatic assurances transposed the United Nations convention into are inappropriate in this case include all those Irish law. While that may have been the case in who have been involved in the debate about tor- respect of the Act in question, it was never the ture. I am not naive enough to suggest there are complete truth because the Garda had the power not circumstances in which diplomatic assurances under the 1988 and 1998 Acts. are appropriate, because there are such circum- stances, but this is not one of them. The United Mr. D. Ahern: That is not correct. Nations Convention against Torture and Article 3 of the European Convention on Human Rights Mr. M. Higgins: The present Minister stated are in a special category which allows no dero- that point and agrees with me on it. Why were gation. Those who have stated that diplomatic the power and capacity provided by the Act not assurances are insufficient include the European implemented? The onus has been placed on civ- Court of Human Rights. As long ago as 1996, the ilians watching planes to produce evidence to give Chahal v UK case made such a finding. The to the Garda so that actions can be taken, but United Nations committee against torture, the the onus should be on the State to use its power, Secretary General of the Council of Europe, the capacity and legal authority. The State, which had Venice Commission, the report of the temporary the responsibility and capacity, did not act. committee of the European Parliament and, in Instead, it sought to shift the onus of producing December 2005, the Irish Human Rights Com- evidence on to civic-minded citizens. mission have all stated as much. Why ignore all In the Government’s reply to the Article 52 these bodies? questionnaire of Mr. Terry Davis, it stated that When the UN committee against torture issued legislation provided protection, but it did not act its finding against Sweden, it emphasised the under this legislation to board planes despite the absence of adequate measures to ensure the 777 Human Rights Issues: 13 June 2006. Motion 778 enforcement of any assurances. It is interesting to extra-legal purposes. The Irish Government has know what happened in that case. The individual put itself in the position of not being able to say was approached and stripped of all his clothing, it can show that it was not silently collusive in the including his underwear. Incontinence pads were sense of the Marty report. It is important for this fitted and he was dressed in a yellow suit. One of motion to be passed so that an investigation can the people present said they could do three such be initiated into the purpose of such landings as cases in an hour. The individual was then hooded have taken place by aircraft whose registration and moved to an aeroplane, in breach of every numbers have been associated with extra-legal single principle of international law, namely, the landings and torture in Europe and elsewhere in manner of apprehension, the manner of trans- recent years. It is necessary to ensure that porting, the issue of habeas corpus, the right to adequate conditions in terms of human rights and legal protection, delivering a person inhuman public international law are imposed on such per- treatment and the delivery of a person through missions as may be granted in the future, and that enforced disappearance into an ill-defined and adequate monitoring mechanisms are put in indeterminate place of detention. All are appal- place. We need to take such measures seriously ling breaches but that is what happens when one to restore our credibility in the international com- puts oneself into the spider’s web of rendition. munity, a credibility that has been damaged. I repeat that I accept such activities have been The Labour Party calls on the Government to condemned by the Irish Government but it has accept its legal and constitutional responsibility to been appallingly deficient in not insisting on ensure that the territory and facilities of this State inspection and compliance with the codes and are not used for illicit purposes and especially not protections of international law when it gives per- for human rights’ violations by any other state or missions. The Government amendment, which I an agency of any other state. It calls on the do not accept, states that Mr. Terry Davis, the Government to support the recommendations Secretary General of the Council of Europe, said outlined in the draft resolution of the legal affairs Ireland was one of only nine countries that did committee before the parliamentary assembly of not need a second questionnaire, so completely the Council of Europe to establish a credible did it reply. It omits to point out that the Sec- independent investigation into the existence of retary General also said: any secret and extra-legal arrangements, agree- ments or understandings, whether formal or Respect for the Convention imposes positive informal, between the Irish authorities and those obligations to ensure respect for the guaran- of any other state, including at senior political teed rights and freedoms, including prevent- level, as regards overflights, stopovers and extra- ative measures. In other words, the Convention ordinary rendition. may also be invoked through an omission to The Labour Party also urges the Government act. to use the full powers available under the air Then comes the powerful sentence: “Not know- transport and navigation Acts and to make such ing is not good enough.” “Not knowing” is what amendments as are appropriate in such Acts for Ireland took refuge in. the vindication and guarantee of human rights. It Diplomatic assurances were never sufficient, calls on it to use such powers, and powers under nor will they meet our positive obligations in the Chicago Convention, to introduce an appro- international law. The UN committee against tor- priate regime of inspection of civilian aircraft ture, the European Court of Human Rights and rather than relying on Garda powers appropriate the Venice Commission have all stated that diplo- to crime investigations, and to make it a condition matic assurances are insufficient in the matter of of all permissions for all aircraft that international complicity, be it silent or active, in extraordinary law and human rights conventions be respected. rendition. The acceptance of this fact by the Irish We call on the Government to outline what Government is one of the requirements of our further proposals it has to honour its commit- motion. It is unacceptable that insistence on ments in this regard under constitutional, inspection or monitoring of such conditions as we domestic and international law. might impose for the protection of human rights It is of moral importance that, on issues such could in any sense be regarded as an unfriendly as this, we are seen to place the principles of law act. I reject that. We are required to ensure that above the principles of expediency. It is extraordinary rendition does not occur on our important also to be seen to put active principles territory or over our airspace. We are required of compliance above the easy road of rhetoric. It to investigate any claims that such activities have is also important to apply the definition of friend- taken place. The burden of evidence in such ship between countries with which we have a claims, I emphasise, does not lie with civilians but friendly relationship to a purpose in which we with the State. encourage them to move within the ambit of On foot of diplomatic assurances, the State has international law, which should cover all coun- not sought to board planes or to establish the fact tries on the planet, rather than seeking through of compliance or otherwise with the permission our silence to allow them to continue to develop which it has given for the landing and service of an alternative system to that established by con- civilian planes which may be used by the CIA for vention, international law, humanitarian law and 779 Human Rights Issues: 13 June 2006. Motion 780

[Mr. M. Higgins.] official acknowledgement of the handing over of by the general principles which have evolved ever individuals to foreign officials in ways which so slowly to offer protections to people in any ignored the Convention on Human Rights’ stan- country, in any circumstance. I recommend this dards concerning human rights. Last week, on 7 motion to the House and ask that it be supported. June, Senator Dick Marty published his report which, he said, exposed a global spider’s web of Mr. Gilmore: I currently have the honour of illegal US detentions and alleged collusion in this representing the Labour Party and, indeed, this system by 14 Council of Europe member states, House, on the parliamentary assembly of the including Ireland. Council of Europe. Last week, that assembly pub- The term “extraordinary rendition” is very lished the report of Senator Dick Marty, the clinical and applies to a practice which involves Council’s official rapporteur, on the issue of ren- the kidnapping of individuals, sometimes directly ditions and secret detention centres. off the streets of European cities, and illegally In recent days, I was disappointed to hear the transporting those prisoners for torture in third Minister for Foreign Affairs effectively rub- countries, thus avoiding liability on the part of the bishing the Marty report. The Minister rep- countries that are actually carrying it out. In the resented the report as if it were some kind of indi- course of his report, Senator Marty refers to a vidual contrarian’s opinion, rather than as a number of individual cases, which explains the report which had been compiled by an official gruesome nature of what rendition is all about. rapporteur of the Council of Europe. I was also He refers, for example, to the case of Binyam disappointed that in presenting his case, the Mini- Mohamed Al Habashi, an Ethiopian citizen who ster insinuated that Senator Marty’s report was at had held resident status in the UK since 1994, and variance with that of the Secretary General of the who is now detained at Guantanamo. We do not Council of Europe. know if this man has been involved in terrorist For those reasons, I wish to put on record the activities or not because he has never been fact that the Marty report is the result of a pro- brought to trial, although I understand he is to cess that began approximately six months ago. In appear before a US military commission later this November 2005, following allegations from year. Senator Marty relies on diaries that were Human Rights Watch, which were published in kept my Mr. Al Habashi and letters he wrote to the Washington Post, concerning the existence of relatives. Paragraphs 205 and 206 of the Marty secret CIA detention centres in Romania and report stated: Poland, Senator Marty, a Swiss parliamentarian and former prosecutor, was appointed by the Binyam has described his ill treatment in Council of Europe’s legal affairs committee to Morocco to his lawyer in several phases: an conduct an inquiry into alleged secret detentions initial softening up; a routine circle of torture; in Council of Europe member states. As part of and eventually heavy abuse involving mental that process, the Secretary General of the Council torment and the infliction of physical injury. In of Europe triggered a rarely invoked legal power the first few weeks of his detention he was under Article 52 of the European Convention on repeatedly suspended from the walls or ceil- Human Rights, requesting the 45 European ings, or otherwise shackled and brutally beaten: governments of member states of the Council of [I am quoting Binyam] “They came in and Europe to explain, by 21 February 2006, how cuffed my hands behind my back. Then three their laws prevent unacknowledged deprivation men came in with black ski masks that only of liberty and the aiding of foreign agencies in the showed their eyes...one stood on each of my carrying out of such acts. shoulders and the third punched me in the sto- In December 2005, the Venice Commission, mach. The first punch...turned everything which is the Council of Europe’s group of legal inside me upside down. I felt I was going to experts, was asked for an opinion on the legality vomit. I was meant to stand, but I was in so of secret detention. By the end of January 2006, much pain I’d fall to my knees. They’d pull me in an interim assessment, Senator Marty said it back up and hit me again. They’d kick me in was highly likely that European governments the thighs as I got up. They just beat me up were aware of rendition affecting Europe. He that night... I collapsed and they left. I stayed announced that he had information he had on the ground for a long time before I lapsed requested from EU satellite and air traffic into unconsciousness. My legs were dead. I agencies. could not move. I’d vomited and pissed on In March 2006, the Venice Commission said myself.” the Council of Europe member states must refuse At its worst, the torture involved stripping to allow the transit of prisoners where there was Binyam naked and using a doctor’s scalpel to a risk of torture and that, if this was suspected, make incisions all over his chest and other parts they should search civil planes or refuse over- of his body. [He said] “One of them took my flights to state planes. penis in his hand and began to make cuts. He On 12 April 2006, following a second round of did it once and they stood for a minute, watch- government replies, the Council of Europe’s Sec- ing my reaction. I was in agony, crying, trying retary General, Terry Davis, said he had received desperately to suppress myself, but I was 781 Human Rights Issues: 13 June 2006. Motion 782

screaming. They must have done this 20 to 30 Minister for Foreign Affairs (Mr. D. Ahern): I times, in maybe two hours. There was blood all wish to share time with Deputies Carey and over. They cut all over my private parts. One Andrews. of them said it would be better just to cut it off, as I would only breed terrorists.” An Ceann Comhairle: Is that agreed? Agreed.

The interesting thing about this man’s testimony Mr. D. Ahern: I move amendment No. 1: is that he says he underwent his first rendition on 21 July 2002. The official records obtained by the To delete all words after “Da´il E´ ireann” and Marty inquiry show that the known rendition substitute the following: plane N379P took off from Islamabad on 21 July “noting that: 2002 and flew to Rabat in Morocco. Rabat is linked to Shannon in the so-called spider’s web. — the Government have on numerous The plane N379P, a Gulfstream V executive jet, occasions voiced their complete oppo- owned by Premier Executive Transport Services, sition to the practice of so-called “extraor- was later registered as N8068V and then N44982. dinary rendition” (hereinafter referred to This plane was nicknamed the “Guantanamo Bay as “extraordinary rendition”); express” because of the frequency of its trips — the Government have responded urgently there. It was used to take Ahmed Agiza from from the outset to allegations of extraordi- Sweden to Egypt and Amnesty International has nary rendition, including by consistently recorded that it landed at Shannon 22 times. The raising the matter with the US authorities Minister for Transport, Deputy Cullen, has from the very earliest stage, and through acknowledged that it landed 12 times at Shannon the Minister for Foreign Affairs urging under the registration number N379P and three that the EU pursue the issue actively with times as N8068V. the US; The Marty report does not state that Mr. Al Habashi was actually on board that plane when it — the Government have repeatedly raised their concerns about the matter of extra- landed in Shannon. However, no Ministers can ordinary rendition with the United States tell us that Mr. Al Habashi was not on board Government and have in this context because they took no precaution to check the received categorical assurances, con- planes, their passenger lists or to investigate who firmed by the Secretary of State of the was or was not travelling through Shannon. I United States; accept entirely the statement of the Minister, Deputy Dermot Ahern, that the Government — the United States authorities have not does not support rendition. Of course it does not. offered such blanket assurances to all I also accept that the Government has raised the partners; matter with the United States authorities and I — An Garda Sı´ocha´na has the legal powers accept its genuineness in doing so. However, the required to investigate allegations of Minister should not justify the inaction of the illegal activity; Irish State authorities in inspecting the planes. The agencies that have an interest in this — in none of the allegations regarding extra- matter include the European Court of Human ordinary rendition investigated by An Rights, the United Nations Committee Against Garda Sı´ocha´na has credible evidence Torture, the Venice Commission, the UN High been evinced that illegal activity had Commissioner for Human Rights, the Council of occurred; Europe’s Commissioner for Human Rights, the — the Government’s position in respect of Secretary General of the Council of Europe, and the regulation of military and civilian air- this country’s Human Rights Commission, which craft has been fully in line with those of was established by the Oireachtas to protect and our European partners; and vindicate human rights. They have all said that it is insufficient to accept the diplomatic assurances — the Government have co-operated fully of another state that nothing illegal was hap- with both the Council of Europe and the pening on planes being used and chartered by the European Parliament in their investi- CIA, which are going through Irish airports. gations, such that Ireland’s explanation of There is a positive obligation on the State to its law and practice in this area to the investigate, inspect, send gardaı´ on board, and Council of Europe was one of only nine, establish independently that the law of this coun- out of 45 received, that the Secretary try, international law and the Convention on General of the Council of Europe judged Human Rights are being upheld, and that nobody to be sufficiently comprehensive not to is being transported through an Irish airport or require further clarification; through Irish airspace to undergo the kind of — shares the Government’s complete oppo- treatment that was described in the Marty report sition to the practice of extraordinary ren- and which was inflicted on that unfortunate man dition and to the use of torture in any cir- to whom I referred. cumstances, and its call for the earliest 783 Human Rights Issues: 13 June 2006. Motion 784

[Mr. D. Ahern.] — commends the Government’s decision to possible closure of the detention facility at take appropriate steps to prevent any Guantanamo Bay; recurrence of this incident, including — welcomes the Government’s policy of not engagement with the United States auth- permitting the use of Irish territory to orities and the strengthening of verifi- transport prisoners for extraordinary ren- cation procedures as necessary.” dition purposes; I welcome the opportunity to address the House — notes that none of the draft Council of on the issue of extraordinary rendition. Dis- Europe or European Parliament reports cussion of this issue has been distorted by prepared to date has claimed or produced rumours, assumptions and half-truths and I hope any evidence to the effect that any person the debate will help clear up some fundamental has been subject to extraordinary ren- misunderstandings in that respect. Naturally, I dition through Irish territory; reject Deputy Michael D. Higgins’s assertion that we have not complied with our positive obli- — notes that claims that aircraft previously gations to prevent torture. I will explain that posi- used for illegal purposes may have sub- tion later. sequently passed empty through Ireland I wish once again to reiterate the Govern- are based on the retrospective interpreta- ment’s complete opposition to the practice of tion of patterns of flight data, which could extraordinary rendition. This has been the not at the time be used for the purposes Government’s position since the existence of this of control or verification; practice was revealed. It has been made clear to — rejects the baseless suggestion that the the US authorities on numerous occasions, Government may in some way have “col- including at the very highest levels. To my know- luded”, actively or passively, in extraordi- ledge, Ireland’s was the first Government to raise nary rendition operations; this matter with the US Government, just as I was the first Minister to raise it with my EU col- — commends the Government for promptly leagues last autumn under the British Presidency. obtaining from the United States, in the Partly as a result of our prompt action, the context of the issue of extraordinary ren- United States authorities gave Ireland categorical dition, categorical assurances that pris- and unqualified assurances. These have been oners have not been transferred through repeated on many occasions, including directly to Irish territory, nor would they be, without me by Secretary of State Rice. It is worth high- our permission; lighting that the United States Government has — recognises that reliance on such assur- declined to issue similar blanket assurances to ances of a factual character is a basic prin- most other member states. We were one of only ciple of international relations; three countries in this position in Europe. These assurances were issued having been confirmed by — commends the Government for fulfilling all of the agencies which might be involved in their legal and constitutional responsi- such operations. bility, and their obligations under inter- Those who speak of the Government doing national law, to take all appropriate steps nothing overlook the critical fact that we acted to ensure that the territory and facilities swiftly and decisively to confirm the realities of of this State are not used for illicit pur- the situation. In his recent report Senator Marty poses and especially not for human rights makes no claim that prisoners may have been violations by any other state; subject to extraordinary rendition through — endorses the Government’s call for any- Ireland. This is confirmed by many others. To one with any specific evidence that any take one example from last weekend’s news- person has been subject to extraordinary papers, a journalist with a strong defence back- rendition through Irish territory to bring ground, John Clarke, cogently set out why it such evidence to the attention of An would make no sense to move a terrorist suspect Garda Sı´ocha´na; through a civilian airport like Shannon. In fact, that extraordinary rendition has not taken place — commends the Government’s willingness through Irish territory in this manner is largely to consider carefully, with partners, any accepted in the wording of the Labour motion, specific and workable recommendations which focuses on the Government’s positive obli- that may be made by the Council of gation to ensure that it does not facilitate torture Europe or the European Parliament in by indirectly assisting rendition flights. I will go this matter; on to explain why the Government is confident — shares the Government’s concern at a it is fully implementing this obligation. However, recent breach by the United States of pro- given the nature of many of the allegations which cedures governing the transfer of sen- have been made, I hope the public will register tenced prisoners; and the fact that even critics of the Government no 785 Human Rights Issues: 13 June 2006. Motion 786 longer claim that any extraordinary rendition has Some commentators have claimed that every occurred through Ireland. type of diplomatic assurance is suspect or insuf- I wish to address a number of points. First, I ficient. Such a development would represent a will devote some time to Senator Marty’s report. revolution in the way states conduct business with I will then address the issue of diplomatic assur- one another and, in the Government’s view, is ances and positive obligations before addressing wholly unwarranted. In its response to the ques- the developments over the weekend that I out- tionnaire circulated by the Secretary General of lined in a press statement earlier today. the Council of Europe, the Government outlined I agree, despite the pervasive lack of hard evi- in considerable detail its view of its international dence, that many of the aspects of Senator Mar- law obligations relating to its positive obligation ty’s report are disturbing. It confirms why we are to prevent torture. In his analysis, the Secretary right to oppose extraordinary rendition. General made no indication that he had any However, as regards the specific case of Ireland, objection to the Government’s position on this Senator Marty’s report produces absolutely no matter, although it was clear he had read our new evidence to implicate the Government in the response fully. practice. As was noted in the Irish Examiner over In essence, as I set out in a letter earlier this the weekend “there is no proof of anything”. The year to the Irish Human Rights Commission, it is Irish Independent editorial of the same day stated the Government’s view that there is a misunder- the report was long on anecdote and short on standing and misinterpretation of the relevant facts. Moreover, not only is there a complete lack international case law. This does not in fact deal of evidence, the report lacks a clear chain of with assurances generally but rather, and reasoning. It simply contains some cursory explicitly, with assurances given in the context of assertions, including one that Ireland “could be the extradition or expulsion of a particular indi- held responsible for collusion” for being a “stop- vidual from one state to another. The cases in over” for flights involving the unlawful transfer which the European Court of Human Rights has of detainees. I utterly reject this assertion, which examined diplomatic assurances, to which the Deputy referred, have involved concrete seems to be based, as I will go on to explain, on a situations in which a known individual is being quite implausible and ill-founded analysis of what deported to a particular state, and the assurances might conceivably have been possible for us to are given relating to matters over which the state do. does not exercise full control. The assurances Stephen Grey, a well known The New York given by the US authorities are factual, unquali- Times journalist who specialises in this area, while fied by any reference to the purpose or nature of giving evidence at the European Parliament any hypothetical transfer and to the effect that no examination of this issue, was questioned by persons have been so transported through Irish Deputy Eoin Ryan, MEP as to whether he felt territory. This is clearly a matter entirely within Shannon would be used. His answer was that this the control of the US authorities. As such, these was highly unlikely. Tom Clonan, an Irish assurances are clearly of an entirely different nat- defence expert who has visited and spoken with ure to those considered by the European Court staff at Guantanamo Bay, has reiterated recently of Human Rights. The court has never held that — he outlined this position some months ago on a factual assertion by a State on a matter directly live radio — that it was highly unlikely that within its full control cannot be fully relied upon. Shannon was used, and that as far as the staff at It is appropriate also to refer to the positive Guantanamo were concerned, it was not used in obligation on all contracting parties to prevent any way in this respect. violations of Article 3 of the European Conven- Senator Marty fails to take account of our com- tion. In considering the nature of this obligation plete opposition to extraordinary rendition and and Article 2, the court has held that a state’s the categoric assurances we have received that it positive obligation is not unlimited and that not did not take place through Ireland. To allege col- every claimed risk “can entail a Convention lusion without addressing either of these points is requirement to take operational measures to grossly unfair. Moreover, neither Senator Marty prevent that risk from materialising”. It has also nor anyone acting on his behalf made a single ruled that the obligation must be interpreted in approach or addressed a single query to the a way which does not impose an impossible or Government or our permanent representative to disproportionate burden on the relevant the Council of Europe. authorities. It has been the Government’s consistent posi- Suggestions of collusion and failure to fulfil tion — I reiterate it again — that the Govern- positive obligations may have some basis where ment will consider carefully with partners any one is dealing with states which wilfully ignore specific and workable recommendations that may potential illegality on their territory, but that is be made by either the Council of Europe or the patently not the case with Ireland. To repeat, ours European Parliament in this area. I anticipate was the first Government, when rumours of that much of what both bodies will have to say extraordinary rendition emerged, to raise with will require co-ordinated action at a European the US authorities our concerns about the matter. level if it is to be effective. Ours was the first Government to demand assur- 787 Human Rights Issues: 13 June 2006. Motion 788

[Mr. D. Ahern.] notice of the arrival of such an aircraft. In this ances that our territory would not be used for context, a regime of random search and inspec- such purposes. To speak of a failure to act, which tion would be of very limited value. Moreover, is the essence of the charge on positive obli- given that, at most, the allegations are that such gations, against such a background of pro-active aircraft passed empty through Ireland, it is intervention, is quite unreasonable. impossible to see how even if such aircraft were A number of bodies have suggested that our to be identified and searched, the outcome of positive obligations under international law may such searches would shed any light on the matter. require that searches of aircraft be carried out to The Government’s approach to the subject of meet our obligation to ensure that Ireland is not extraordinary rendition is one of continued used as a transit point for extraordinary rendition engagement with the United States. This flights. As has been repeatedly made clear, the approach has allowed us to raise our concerns in Garda Sı´ocha´na has the powers it needs to inves- an early manner, both bilaterally and in an EU tigate all allegations of illegal activity. There is no framework, to receive considered responses and, legal bar to the search of civilian aircraft of the ultimately, the Government believes, to fulfil our type allegedly involved, where there is a basis for obligations under international and domestic law doing so. With regard to Deputy Michael D. in the most comprehensive way possible. This Higgins’s remark that the Government has not approach continues to prove its worth to this day, sent in the gardaı´, he has a somewhat twisted as seen by our continuing engagement in the EU- view of the power of the Government. Perhaps it US legal framework, where we have taken a lead- was the case that when he was a Minister he could ing role in opposing the creation of any frame- send gardaı´ hither and thither—— work for extraordinary rendition. I will turn to a recent, quite separate, incident Mr. M. Higgins: I said the gardaı´ have never at Shannon and how the Government reacted to inspected a single airplane. it. As I set out in a press statement earlier today, at 5 p.m. yesterday my Department was contacted Mr. D. Ahern: The Deputy said we did not by the US Embassy and informed that on Sunday, send the gardaı´ on to the airplanes. I do not have 11 June, a civilian aircraft landed at Shannon Air- the power, nor should any Minister have the port for a technical refuelling stop en route from power—— Kuwait to the United States. Among other Mr. M. Higgins: That is not the issue. unarmed military personnel the plane was carry- ing a US Marine convicted of a minor breach of Mr. D. Ahern: ——to send gardaı´ on to an air- the US military code. He was in military custody plane or premises. and was wearing military fatigues. While the transfer of such a prisoner would be Mr. M. Higgins: I said the gardaı´ have never lawful under international and domestic law, it inspected a single airplane and you are not in a requires the consent of the Minister for Justice, position to say otherwise. Equality and Law Reform, but the US authorities did not seek such consent. This failure, though An Ceann Comhairle: Allow the Minister to inadvertent, is unacceptable. Yesterday evening, speak without interruption. upon my return from the General Affairs and External Relations Council in Luxembourg, I was Mr. D. Ahern: I did not interrupt the Deputy. informed of these events and immediately sum- moned the US Ambassador to Iveagh House, Mr. M. Higgins: No, but you are justifying—— where we met for the best part of an hour. I out- lined our grave concerns. The ambassador con- An Ceann Comhairle: Deputy Michael D. firmed the sequence of events and made clear Higgins will have an opportunity to speak again that the failure to seek consent arose from an in this debate. administrative error. He conveyed his deep regret for the breach of procedures and undertook Mr. M. Higgins: If the Minister addresses me urgently to advise his authorities of my views. He directly, I will respond, particularly when he is also confirmed his willingness to review the wrong. situation immediately with a view to ensuring that there is no recurrence. Mr. D. Ahern: As I stated previously, identifi- In his statement this evening, which I welcome, cation by NGOs and the media of aircraft — I the ambassador repeated what he said to me. At can shout the Deputy down — that are alleged the end of the statement he said: to have been involved in extraordinary rendition activity has been possible only months, at the We are determined that any use of Irish air- earliest, after such operations are said to have space or Irish airports by U.S. military aircraft taken place. Furthermore, civilian aircraft of the or chartered civilian aircraft be completely type in question are not, under international law, transparent and in conformity with Irish law required to apply for permission to land, meaning and the wishes of the Irish Government. We that a transited country may have very little look forward to continuing our discussions and 789 Human Rights Issues: 13 June 2006. Motion 790

cooperation with the Irish government to about such a transfer, provided that ministerial ensure that such incidents are not repeated and consent has been obtained. It was not in this case. to maintaining the relationship of trust and The prisoner was not a suspected terrorist from openness that prevails between our two a third country but a US Marine duly found guilty countries. under the US military code of a minor offence. We understand from the US Embassy that to I informed the ambassador that, notwithstanding transport him back to the United States to serve the fact that this incident had no connection with his sentence, the local military authorities simply allegations of extraordinary rendition, it was placed him on the earliest convenient flight. They unacceptable that it should happen. apparently, according to the ambassador, were I briefed the Cabinet this morning. Following simply unaware that our consent was required our discussion, we decided to make public our and the embassy was also unaware of the flight grave concern. We have asked for a full written until after the event. Obviously it should have report from the US Embassy. In addition, to been aware, and this information gap is one of ensure that appropriate steps are taken to the things that we expect the US to remedy prevent any recurrence of this incident, we will immediately. I also suggest that carrying a pris- engage in further discussion with the US auth- oner through a busy civilian airport, where appar- orities on arrangements for notification and infor- ently he was visible in plain sight, hardly suggests mation sharing and the strengthening of verifi- that this was some covert operation. cation procedures as necessary. The Government is fully aware of the serious- It has been the consistent position of the ness of this episode and has acted immediately to Government that no aircraft can use Shannon or take a range of steps with a view to preventing its any Irish airport for extraordinary rendition. We recurrence. At the same time, what it was and will not facilitate and have not facilitated extra- what it was not should be clear. A sense of pro- ordinary renditions. That is, and remains, our portion is needed. This administrative error does policy. We have always held that if the Govern- not call into question the fundamental import- ment at any stage received hard evidence of ance and reliability of the assurances we have extraordinary rendition we would act upon it and received in the context of extraordinary expect the Garda Sı´ocha´na to act upon it, a posi- rendition. tion I repeated yesterday in an interview I gave The Government’s position on the issue of to a journalist in Luxembourg. extraordinary rendition is, therefore, quite clear. While I reiterate that this incident is unconnec- We utterly condemn it, we in no way facilitate it ted to allegations of extraordinary rendition, it is and we are willing, with our partners, to consider essential, not least in the interests of public confi- carefully any practicable and specific proposals dence, that the Government takes appropriate which the Council of Europe, the European Par- steps in response to such a breach, and this is liament or any other body may make to reduce what we have done. the possibility of future cases occurring. At the I wish to make a number of points about this same time, we do not accept that we have failed to meet our obligations. We utterly reject alle- most regrettable incident. First, it is clearly a gations of collusion, either passive or active, with matter of grave concern when any legal pro- this practice. I believe we have done and are cedure is breached. I acted immediately to sum- doing all that is possible and practicable. mon the ambassador and conveyed our very strong views, which he took fully on board. Mr. Carey: I welcome the opportunity to Second, it is important that appropriate steps are address the House on the issue of extraordinary taken to ensure that, so far as is possible, there is rendition, not only as a member of the Fianna no recurrence of such an incident. That is what Fa´il Party but also as a friend of America. I have the Government is doing. We appreciate that listened, as always, to Deputy Michael D. there is a wider question of public confidence and Higgins’s very unique and positive analysis. we hope that these steps will offer further However, proportionality must apply in this case. reassurance that we are doing what we can. Ironically, given the benefits that have accrued If further specific proposals are made regarding to Ireland through the extraordinary range of ties the international regulation of civilian aircraft in that bond our two countries, there is a small but particular, we will carefully examine these with vocal anti-American body in this our partners, whether in the Council of Europe 8 o’clock country, and in extraordinary ren- context or otherwise. However, at the same time, dition, it has found a subject with it is important to keep what happened in perspec- sufficient resonance to amplify its minority point tive. This was a simple mistake, a regrettable mis- of view. I am delighted to have the chance to take, but still a mistake. This was in no way an challenge this unwarranted manipulation of the act or an attempted act of extraordinary rendition extraordinary rendition debate and to reaffirm or related to such an act. Indeed, the Attorney the quality of the relationship between our two General has confirmed that, quite unlike extra- countries. ordinary rendition, which is illegal in all circum- Extraordinary rendition is an issue on which stances, there is nothing substantively unlawful the Government has taken a great deal of unwar- 791 Human Rights Issues: 13 June 2006. Motion 792

[Mr. Carey.] For us then to discard as worthless the efforts to ranted flak, largely I suspect at the hands of which the US authorities have gone to appease a people who are determined to look more at vocal minority seeking to advance an anti- rumours than at facts. In the matter of extraordi- American agenda would be irresponsibility of the nary rendition, having received assurances, as the highest degree. I urge Members in the strongest Minister has, of unsurpassed quality obtained terms to register approval of the Government’s early on from the US authorities and confirmed policy in this area by supporting the proposed by the US Secretary of State, Condoleezza Rice, amendment. the Government is in an extraordinarily strong position, especially in the European context. Are Mr. Andrews: I support the Government’s we to ignore these on the basis of a series of amendment. My first observation relates to the unsubstantiated allegations? I believe we cannot manner in which the circumstances of recent days do that, for actions are not without consequences. emerged among the public. According to what I The Government is in a unique position in have read, a cleaner was on board the plane and Europe, having received specific unqualified was busy performing his or her duties, may have bilateral assurances on extraordinary rendition seen an individual who was a prisoner and may confirmed by the Secretary of State. For the have reported it to an authority who then brought Government to discard those assurances would it to the attention of the Government. That is an send a very curious message to the US Admini- extraordinary set of facts if we are to say that stration, and not just to it alone. Across the rendition is occurring through Irish airports. If Atlantic, Ireland is viewed — as those of us who the US Government is giving us assurances that have had the opportunity to travel there on del- it is not doing this and is happy to allow ordinary egations will be aware — with a degree of affec- members of the public working as cleaners onto tion that few, if any, countries can claim to enjoy. the planes, it would be grossly negligent of the There are close cultural, economic and family US if it was trying to perpetuate a cover up. That bonds between people all across the US and amazing set of facts gives the lie to the possibility Ireland, North and South. Not having to deal with of a cover-up on the part of the American auth- consequences is a luxury that can be enjoyed by orities in respect of what they are doing at those who do not govern. Shannon. I thought that the wholehearted welcome given My second observation is that during the past by the Peace and Neutrality Alliance, PANA, three weeks the House has been caught up in an which was in the news last week, that one of the interesting debate that was always well dis- carriers which transports the troops through ciplined in terms of establishing a distinction Shannon is to relocate its European transit point between the political and the legal. I speak of the to Leipzig is typical of what an organisation such debate we have had on statutory rape. We had as PANA wants. It wants to have it both ways. been careful to make that distinction to ensure This development will hardly be welcomed by the the Oireachtas did not interfere with the people in the Shannon region, so many of whom Judiciary, yet in this debate we have gone back depend on the well-being of Shannon Airport for to the old ways of not making those distinctions their livelihood. Are we to turn our back on our as clear as they should be. many ties with America, heedless of the con- For example, the Minister confirmed that the sequences, on the basis of sweeping generalis- Marty report did not hold any hearings. It did not ations that do not apply in the Irish case? Surely connect with any authority in the Irish permanent not. representation in the Council of Europe, it did The sequence of events described by the Mini- not give us an opportunity to put forward a point ster for Foreign Affairs only goes to reveal the of view, and it carried out a straightforward inves- seriousness with which both Governments treat tigation without the normal legal procedures of the assurances concerned. The Government’s allowing the other side to give its view before prompt reaction shows its willingness to react to making a legal finding. Therefore, the Marty development in the area. The fact remains, report, for good or bad, is a political statement. however, that the error which caused the routing It is not a legal finding, nor could it ever be, yet of a convicted member of the US military through the phrase used to describe Ireland’s position in Ireland in no way undermines or otherwise regard to Shannon is “negligent collusion” which, affects the US authority’s clearly stated assur- to the ordinary member of the public, gives the ances in the wholly separate area of extraordinary impression of a legal finding, as if it had been the rendition. The Government has been careful in product of a thorough legal investigation where its dealings with the US Government to ensure fair procedures were carried out. that Ireland has not been used for extraordinary We are dealing with international law. The rendition flights and equally to register its com- criticism I have made of the US Government in plete opposition to the practice. the past, for what it is worth, is that the US has The US authorities have accommodated stood down from obligations in international law, Ireland’s concerns in a way they have not accom- starting from the UN and through many different modated those from many other European part- treaties, including the Nuclear Non-Proliferation ners, some of whom are not just friends but allies. Treaty, the Nuclear Test-Ban Treaty and the 793 Human Rights Issues: 13 June 2006. Motion 794

International Criminal Court. While the US con- been observed or otherwise, will tell a story about tinues to operate outside international law, there what we intend to do in the future. Any deviation is a difficulty in applying international legal stan- from best practice in that area is a serious matter dards. Therefore, we must operate on the basis of which the Government should not minimise in different procedures. Many European countries terms of its importance. One step in the wrong have bought into the US standing down. Ireland direction immediately places the Government is not one of those countries. We are a neutral and the Minister for Foreign Affairs in a serious country and we have never bought into that view. situation. We have received assurances which I am confi- I know the Minster cannot go on an aeroplane dent we can stand over. and check or verify what is happening, so I do The debate is never about whether people have not accuse the Minister of not doing his job — gone through that airport. It is a case of whether not because I cannot prove it, but neither can he planes used at another time came through that in the present circumstances, which is a sad thing airport subsequently or previously. Therefore, because international agreements are based on that brings us into what Senator Marty described trust, and such agreements between friendly as a spider’s web of collusion. I do not believe nations are more particularly based on trust. Any that is the case. undermining of that trust is a most serious issue Deputy Carey made the point that, while the and cannot be condoned under any circum- international debate on terrorism is taking place, stances. I spoke on this issue at meetings of the there is an obsession in the House with only one Joint Committee on European Affairs along with side of that debate which queries whether many others, including Deputy Michael D. American tactics are appropriate or proportion- Higgins. When this situation was referred to, I ate to the challenge it faces. There is little debate said that certain obligations were placed on the about how we suppress terrorism. There are US and Irish authorities and that any deviation people in this House who believe the US caused from observance of those responsibilities would and perpetuated terrorism and that the manner have consequences. There are consequences, as in which the US is conducting its war on terrorism the Minister knows, if there is a breakdown in is morally worse than terrorism itself. There is no any such arrangements. critical analysis of the causes of terrorism nor I recognise that the US people suffered hugely effort to assess how this State can contribute as a result of the atrocities at the twin towers. towards bringing terrorism to an end. It is unfor- That does not mean that everything and anything tunate that the debate concentrates solely on can be used to track down, intimidate or extract those issues and not on the other side. We are confessions from prisoners of one kind or very peripheral and marginal to the debate inter- another, no matter what the circumstances. It is nationally about how terrorism will be dealt with. not possible or permissible. As a lawyer and legal If one were to use a soccer analogy, we are up practitioner, the Minister knows the rules. around the corner flag while the main game is I repeat that I am not accusing the Minister of taking place. any dereliction of duty because as Deputy We need to remember that torture is illegal and Michael D. Higgins said, we accept the Govern- unacceptable in any circumstance. It could not be ment’s bona fides in that matter. However, we do legal in Ireland to have extraordinary rendition. not know if the Minister can verify with absolute We must do everything we can, whatever else the authority in every instance of all the airplanes Council of Europe recommends. It merely which passed through Shannon Airport, or any described a set of facts and made no recom- other airport that nothing of the nature referred mendations. We should look at any Council to by previous speakers could have happened. recommendations positively, and act upon them How does one achieve that situation? Does one if necessary. do nothing? The Taoiseach and the Minister for Foreign Affairs sought and got assurances from Mr. Durkan: I wish to share time with Deputy the US authorities. One must think of the value Pat Breen. of the assurances. The currency of the assurance I too claim to be a friend of the United States, is only as good as what shows up thereafter. If and many established relationships between our the assurances which the Minister sought and was countries have existed over the years. I take on given in good faith cannot be authenticated in all trust what we ask for and what we give. However, circumstances, they mean nothing. There is then I am not in favour, nor is Fine Gael, of the extra- a serious undermining of international law and ordinary rendition type of episodes we have international recognition for each other’s posi- heard about. I am not suggesting this has taken tions and for precedents and precepts which have place or that Shannon has been used for trans- stood for a long time. porting such people, prisoners or otherwise. There was a time when any such deviation We have debated Abu Ghraib in this House. would be regarded as a major incident. Let us The standard by which we treat prisoners tells look at a sequence of events which the Minister something about all of us. Whatever standards tends to minimise and which he has very adroitly are upheld, whatever international agreements separated in his speech. The events of last Sunday have been put in place over the years and have concern the general issue of rendition. The Mini- 795 Human Rights Issues: 13 June 2006. Motion 796

[Mr. Durkan.] with whom we enter into agreements observe it. ster and Government were of course made aware If they do no observe the agreements, our law of the situation, but at that stage the cat was out means nothing. International law goes down the of the bag. It was known what had happened. If tubes along with it. Accordingly we cannot allow the US authorities were deeply conscious of the anything like that to happen ever again. need to alert the Irish Government in the event This comes back to how the Minister will of there being any unusual movement of pris- prevent such events recurring. While I have no oners or otherwise through one of our airports, reason to believe the Minister would avoid his will the Minister indicate why someone did not duties, if he cannot prevent such events, his credi- have the idea of alerting the Government before bility and that of the Government will be the individual in transit was spotted by somebody damaged. It would be unacceptable if the mess- else? Why was it not possible beforehand, if they age were to go abroad that such events were in were conscious of their obligation to make known order and were ignored because the US is a to the Irish Government what was happening, or friendly country to Ireland. The public places why did it not automatically follow that in the trust in its Government. When it raises a question transport of a prisoner — a prisoner for whatever it expects an answer. A degree of transparency reason — through the airport the authorities, out must be introduced in this matter. The Minister of courtesy to each other, did not exchange for Foreign Affairs knows that if the boot were views? I speak of courtesy because this goes back on the other foot, he would be embarrassed and to the arrangements entered into and their value would be quick to assert that such a situation was and currency by virtue of the degree to which not agreed to and that the Government should they are observed by both parties. In the event of have been informed. We cannot pussyfoot about one party deviating, there is a general let-down. it. The issues raised are serious ones requiring They let themselves down, along with the partner, urgent attention and they must be dealt with in person, group, state or nation with whom they the shortest possible time. Failure to do so will entered into that international agreement. They reflect poorly on the Irish and US authorities. let everyone down. That is something I hope will I do not believe random inspections, if intro- not happen again. duced, would work. Usually inspections have a Can the Minister and the Government give an pattern that can be observed. One can always indication of how such events will be verified in avoid the rigours of an inspection by checking future? How will they verify the type of traffic patterns. It is in the Government’s interest to going through the airport in all circumstances, establish absolute clarification from the US auth- without exception, since there has been a breach, orities as to what has been occurring from the though maybe a minor breach? Unfortunately time extraordinary rendition became the subject that breach indicates a somewhat blase´ attitude of public debate. This should not just be based on to the international agreements to which I and the Marty report but there should be a thorough others have referred. examination to determine whether there were When the issue arose, it was obviously known breaches of the convention. to the Government and the Minister for Foreign It is said that even the trust between enemies Affairs that any incident at all could be highly must be observed, but the trust between friends embarrassing. The Government would also have must be observed. The degree to which the Mini- known it was imperative to find some means to ster and his counterparts can stand over that trust ensure that something like this did not happen. will tell how much the people, the Constitution What measures are being put in place to make and the State can rely on it. certain that if something similar to what hap- pened last Sunday were to happen again, the Irish Mr. P. Breen: As a Member from County authorities would be informed? If something Clare, Shannon Airport is close to my heart. I was even less controversial was to happen, would the born and live six miles from the airport and, from Irish authorities be informed, or would it be my house, I can often see the airplanes taking off. regarded as being none of their business? I am concerned about the negative reports on the I will dwell on this area briefly. It could well be airport in recent weeks. I welcome Dick Marty’s that somebody somewhere made a decision. investigation into rendition flights. The naming of There were a few embarrassing moments. I men- Ireland as a state involved in an indirect fashion tioned Abu Ghraib. There were references by in facilitating CIA-operated planes landing at other speakers to various movements of aircraft Shannon puts the spotlight on the Government’s throughout the globe whereby it was indicated record in upholding the Convention on Human that perhaps measures which would not be Rights. approved by international law were taken against Much of the report, however, has been misin- prisoners in transit or otherwise. Something like terpreted. On the one side, some politicians have than cannot be condoned in any circumstances. rubbished the report, claiming it is anti-American There are no situations where we can abrogate and that rendition flights are acceptable. On the our international contracts in international law. other, anti-war protestors claim they were right The strength and weakness of our own law can all along that rendition flights operated through often be determined by the degree to which those Shannon Airport. The truth of the matter lies 797 Health 13 June 2006. Services 798 somewhere in between. The report is not anti- Aer Lingus in last weekend’s newspapers on pro- American. Ireland, particularly Shannon, has motional flights to New York from Dublin Air- enjoyed a good relationship with America. As port with no reference to Shannon? Aer Lingus Deputy Durkan commented, we must trust our is neglecting Shannon Airport. While new routes friends, and it is important that trust is not from Cork and Dublin airports have been opened abused. by Aer Lingus, it has not opened one new route Millions of Americans are appalled at the from Shannon since 11 September 2001. It con- notion of rendition flights and its implications for tinues to erode its services from the airport. Evi- the observance of human rights law. I believe dence of this is contained in last month’s Cara Shannon Airport has not been used for rendition magazine with an article by Dermot Mannion on flights and it should not be so used in the future. the future of the airport. Any Irish involvement with the unlawful transfer American airlines now do more business out of detainees would be unacceptable. I accept, of Shannon than the national carrier. The loyalty however, there is no evidence that Shannon was shown by Shannon to Aer Lingus has been used for rendition flights. It is also unlikely the eroded, which is sad. When the negative publicity airport would be used for such purposes consider- about Shannon and the rendition flights passes, ing NATO airbases and US-operated bases in politicians must get their act together for the the UK. future of the airport. They must put it back on an Last Sunday a cleaner on board a US aircraft even keel and promote it as the gateway to the spotted a prisoner. Service handlers boarding air- west. We have had enough negative publicity craft is a regular occurrence. I do not believe the about the airport. It is time for positive action. American authorities would be so stupid as to Debate adjourned. have a prisoner on a flight that could be boarded by a service handler. It was a genuine mistake. Adjournment Debate. It is important to note Dick Marty’s comments that Shannon is involved in an indirect fashion. ———— As a member of the Council of Europe, I wel- come his report which highlights the need for Health Services. continued vigilance in upholding the European Convention on Human Rights. The Govern- Mr. Naughten: I thank the Ceann Comhairle ment’s action in the latest episode involving for the opportunity to raise this important issue. breaches of protocol regarding the transfer of Earlier this year the policy in the Health Service prisoners through Ireland is to be welcomed. Executive western region towards patient trans- Measures must be introduced to ensure this does port was as follows. Those without access to not happen again. Procedures for notification of private family transport or public transport and prisoner transports must be strengthened. The who were on a medical card were eligible for the Government must be more proactive in ensuring service. There was flexibility if such transport put passenger lists for all flights are provided for the an undue financial burden on a family, and relevant authorities. The US authorities must be patients in receipt of kidney dialysis, oncology more forthcoming and I welcome this afternoon’s treatment or organ transplant patients were also statement by the US ambassador. provided with a transport service. My wider concern is the position of Shannon in While the service was not ideal, there was an all of this. Last week World Airways, the largest element of flexibility to it. However, the HSE airline transporting US soldiers through Ireland, western region issued a directive earlier this year announced that from next month it would switch that only those with a full medical card in receipt all its refuelling operations to Leipzig in of dialysis or oncology treatment, or such patients Germany. This decision and the failure of Aer with organ transplants or an acute lower limb Lingus to promote the airport underlines the injury, were eligible for the patient transport challenges it will face after the introduction of the scheme. This significantly restricted the service open skies policy and the privatisation of Aer throughout the HSE western region. Sub- Lingus. In the short term, the World Airways sequently, following lobbying, the Department of decision will lead to job losses from the catering Health and Children and the HSE have extended section of the Shannon Airport Authority. There the patient transport service to all dialysis will be significant loss of business to the duty free patients, regardless of means. shop, hotels and small businesses in the area sub- While I welcome this step, I question why the contracted to supplying airport services. World Department and the HSE are stopping at that Airways claims the decision was made for econ- point. Why are oncology patients and organ omic reasons. The Minister for Transport must transplant patients not being considered in a take responsibility and explore the real reasons similar manner? Let us examine, for example, the behind the decision. case of a young mother with breast cancer or cer- The Minister for Foreign Affairs referred to vical cancer which may not have been diagnosed reports from last Saturday’s The Irish Times and at an early stage because screening for cervical Irish Independent on Dick Marty’s report. Will cancer has been withdrawn and breast screening the Minister comment on the advertisements by has not yet arrived in the region. Not only will 799 Accident and 13 June 2006. Emergency Services 800

[Mr. Naughten.] Naughten for raising this matter. I am replying on such a mother with a young family suffer a loss behalf of my colleague, the Ta´naiste and Minister of income because she will no longer be able to for Health and Children, Deputy Harney. work, she will also incur substantial overheads. Under the Health Act 2004, the Health Service Surely a person in those circumstances has Executive has responsibility to manage and enough to worry about without having to take deliver, or arrange to be delivered on its behalf, into account the cost of transport to and from health and personal social services. This includes Galway for cancer treatment. responsibility for the provision of ambulance Under the revised regulations introduced by services. the HSE in the western region, a patient within The HSE provides emergency and patient ten miles of University College Hospital, Galway, transport ambulance services to a population of UCHG, with an income of more than \100,000 more than 380,000 people in the former Western can get transport, but a young mother who is a Health Board region. The Department is advised cancer patient in County Roscommon or an eld- that the emergency ambulance service is provided erly patient in somewhere like Arigna, which is from ten stations across the catchment area. more than 90 miles from UCHG, cannot. A pati- There has been a significant expansion of this ent with whom I am acquainted with no public service in recent years. Ten additional crews have transport facilities must travel two and a half been put in place and the number of 24-hour hours to get to hospital in Galway and must fork bases has increased from three to nine, while the out more than \200 to pay for a taxi to attend overall hours of operation across all bases have outpatient services. There is no equity in that. increased significantly. In another case, an 81 year old patient who has In 2004-05, 13 new high specification ambul- recently had a heart attack and must travel 75 ances were provided. In addition, two new rapid miles to Galway for an appointment once a response vehicles have been introduced as back- month and who must also travel twice a month up to the fleet. Facilities at ambulance stations in for an appointment in Roscommon, which is 25 Ballina, Boyle, Clifden and Roscommon have miles away, must pay over \250 in taxi fares. also been improved. Another patient must travel more than 130 miles The HSE has advised that all dialysis patients to the Mater Hospital in Dublin at a cost of \260 in the region are entitled to ambulance transport for outpatient services. In another case, a 67-year services. It has further advised that ambulance old patient must travel 65 miles to UCHG three transport services are provided to medical card times a month at a cost of \330. That patient is holders who are oncology patients, kidney trans- wheelchair-bound owing to a Parkinson syn- plant patients for up to one year after the trans- drome disease but is not entitled to a travel plant, and patients with acute lower limb injuries. service. In addition, the HSE examines all requests for This policy will cost lives. Patients are missing patient transport services in the region case by critical outpatient appointments because they case and determines the requirement for trans- cannot afford to fork out up to \260 for taxis. port support based on each patient’s medical They cannot get on the waiting list for transport needs. because they cannot make their outpatient I understand that the National Hospitals Office appointments. intends to conduct a comprehensive review of People in this country now need health patient transport arrangements as an element of insurance to pay for taxis to get them to their its 2006 service plan. It is envisaged that this hospital appointments only to receive no treat- review will examine the service delivered ment. That is a disgraceful situation and the nationally and make recommendations for its decision on the hospital transport service must be future development. rescinded. It is a damning indictment of the cur- rent service that affordability is not a consider- Accident and Emergency Services. ation. The HSE has made clear that if patients cannot afford to travel to hospital for an appoint- Mr. Sherlock: I seek a commitment from the ment by taxi and do not have an alternative Minister for Health and Children, and I hope the means of transport available to them, they are Minister of State, Deputy Tim O’Malley, will give ineligible under the current rules. A person with that commitment because we mean what we say a long-term mobility problem who is wheelchair- in the matter of Mallow General Hospital and we bound or who has a long-term disability is not will not accept the diktat of the Health Service eligible under the current scheme but someone Executive in this matter. The non-designation of who has a broken leg is eligible. This is an appal- Mallow General Hospital for accident and emer- ling situation that cannot be tolerated. It is gency facilities must be changed. In 2005, 12,635 inequitable. I plead with the Minister of State, patients attended accident and emergency Deputy Tim O’Malley, to rescind the decision services in Mallow General Hospital while the and reinstate the previous service. number was 13,250 in 2004. In the southern hospitals group, Cork University Hospital, Kerry Minister of State at the Department of Health General Hospital, the Mercy Hospital Cork and and Children (Mr. T. O’Malley): I thank Deputy the South Infirmary-Victoria University Hospital 801 Driving 13 June 2006. Tests 802 have all been designated for accident and emer- bring patients to Cork University Hospital if they gency units. are within 30 minutes of it. The HSE has advised The increase in population in Mallow and the that it is actively examining how cover at consult- north Cork area in general warrants the provision ant level can be extended to improve care for of an accident and emergency unit in Mallow patients at Mallow General Hospital within the General Hospital. More than 125 GPs refer framework of the 2002 Comhairle na nOspide´al patients to the hospital, which provides the only report on accident and emergency services. emergency and acute hospital service north of the River Lee. Without a 24-hour acute service at the Driving Tests. hospital, providing medical, surgical and accident and emergency consultant cover, some patients Ms B. Moynihan-Cronin: I thank the Ceann will be up to two hours’ journey from acute Comhairle for allowing me to raise this matter. It trauma and medical care. This is unacceptable by is an issue I raised almost a year ago, on 22 June international standards. I ask the Minister of 2005, and, unfortunately for my constituents, it State also to address the delay in appointing a has not yet been resolved. It is unacceptable that radiologist to Mallow General Hospital and the I must raise it once more. progress in regard to the establishment of a new Since driver testing commenced more than 40 board of management to look after the business years ago in Killarney, a range of temporary test- and provide a separate budget for the hospital. ing centres have been used. In the past year, however, the situation has reached crisis pro- Mr.T.O’Malley:I thank Deputy Sherlock for portions with the closure of the driver testing raising this issue which I will deal with on behalf centre at Park Road, Killarney. This resulted in of the Ta´naiste and Minister for Health and Chil- the cancellation of all tests for a two-week period, dren, Deputy Harney. Operational responsibility further compounding the waiting lists. A tempor- for the management and delivery of health and ary base was established at the Quality Hotel in personal social services falls within the remit of Killarney but it was soon closed with the cancel- the Health Service Executive. This includes lation of testing for a further three weeks. These responsibility for the provision of accident and setbacks have combined to create a 37-week wait- emergency services at Mallow General Hospital. ing list, with approximately 2,500 provisional The designation of accident and emergency licence holders awaiting their test. units in the southern hospitals group is guided by The Killarney driving test centre now has a the Comhairle na nOspide´al Report of the Com- temporary base at the A´ ras Pa´draig centre, with mittee on Accident and Emergency Services, a four-month lease period having commenced on published in February 2002. This report recom- 1 May. The testers correctly fear that when this mended that a regional emergency service be lease expires there will be further test cancel- established in the then Southern Health Board lations and a further extension of the waiting list. area, with Cork University Hospital as the The centre is located on a busy main road and is regional emergency department. The report also unsuitable as a testing location. recommended that Mallow General Hospital The problem with the current temporary centre come under the remit of the Cork University is that only cars and light vans are being tested Hospital emergency service. This has been the because the centre does not have the capacity to strategic direction adopted to date. cope with heavy goods vehicles, HGVs. No HGV The consultants in emergency medicine at tests have been carried out in Killarney for sev- Cork University Hospital have developed stan- eral weeks, thus creating a backlog of HGV tests. dard protocols and procedures for the delivery of HGV test applicants who telephone Ballina are emergency services in this area. Mallow General advised there will be no HGV testing in Killarney Hospital is assigned two sessions from a consult- for the foreseeable future. Tralee has one HGV ant in emergency medicine based at Cork Univer- instructor but does not have a truck to facilitate sity Hospital. The staffing arrangements at the tests. Killarney has two testers with trucks for test accident and emergency department in Mallow candidates and the only driving instructor able to General Hospital are similar to those in corre- provide an articulated truck for test purposes sponding departments in similar sized hospitals lives in Killarney. throughout the State. Killarney racecourse has been approached with a view to providing a base for the test centre and Mr. Sherlock: That is not correct. it has sought planning permission to alter its property accordingly. Why has the Government Mr.T.O’Malley:Other hospital consultants, not acquired a suitable premises for the centre? including physicians, surgeons and anaesthetists, How much longer must we wait before this prob- are called to Mallow General Hospital’s accident lem is resolved? Against a backdrop of eight and emergency facility when their expertise is tragic road deaths so far this year in Kerry, it is required in assessing or supervising treatment of unacceptable for driving testers and candidates particular patients. Trauma cases are usually alike that there is no permanent base for driver transferred to hospital by ambulance. Ambulance testing in Killarney. The Minister for Transport personnel work to a protocol and are required to makes much of his commitment to get provisional 803 Water and 13 June 2006. Sewerage Schemes 804

[Ms B. Moynihan-Cronin.] of additional driving testers. Last week, the good licence holders off the road, but he has not shown news was announced that the proposals put to the this commitment in Killarney. It is now time for Department of Transport and the union have the Department of Transport and the Office of been accepted by both sides and it is hoped that Public Works to come together, identify a perma- we will see a major reduction in the number of nent base for driver testing in Killarney and fund those on the waiting list. It is the Government’s the provision of that centre immediately. objective to reduce the waiting list, which is far Killarney covers a huge area, incorporating all too long, to realistic levels. We hope to see that of south Kerry and part of Cork. Driving testers achieved during the course of 2007. and test applicants in the area deserve better and have been fobbed off for several years. Will the Water and Sewerage Schemes. Minister give a commitment to a permanent base for the driving test centre and that HGV testing Mr. P. Breen: I am delighted to see the Mini- will be facilitated there? ster of State, Deputy Batt O’Keeffe, in the Chamber to respond to this matter. The long Minister of State at the Department of Trans- delays in the commissioning of a number of port (Mr. Gallagher): I thank the Deputy for rais- sewerage schemes in County Clare, among them \ ing this issue. I acknowledge her concerns about the proposed 13.5 million Carrigaholt, Coora- the driving test centre in Killarney. Unfortu- clare and Labasheeda schemes, is a shocking nately, the former centre proved to be unsuitable indictment of this Government’s commitment to for testing and a process of securing a suitable reversing rural decline at a time when there are alternative centre commenced some time ago. A bumper tax receipts. The Government has so replacement premises has been identified and the much money now that it has become very imagin- Commissioners of Public Works have informed ative in finding ways to waste it. If only it were me that negotiations with the landlord are at an so imaginative in promoting rural development. advanced stage. It is hoped to have the test centre In countless villages in rural Ireland, develop- relocated before the end of July. In the mean- ment has come to a halt as people seeking to time, driving tests for all categories of vehicles build homes find themselves unable to get plan- continue to be conducted from the temporary ning permission because of the lack of adequate accommodation in the town pending the new sewerage schemes in these areas. centre becoming available. The Deputy has I appeal to the Minister of State to give a firm explained that a temporary test centre has been date for the commencement of key projects in provided for cars and light vans. I understand her County Clare. It is not just the Carrigaholt, Coor- point about HGVs and will make immediate aclare and Labasheeda schemes that are delaying inquiries about that. development and leading to the slow death of In conjunction with the Office of Public Works, these villages. In total, ten towns and villages, the Department of Transport is undertaking an including the county capital, Ennis, are behind extensive programme of improving test centres in schedule on various waste water projects. There several towns, including Killarney. Arising from are also schemes in such areas as Scariff, Feakle, enhancements to the driving test, additional Quilty, Mullagh, Broadford, Doolin, Bally- facilities will be required at a number of test vaughan and Corofin which are behind schedule. centres. In the case of the latter, I am happy to see that With regard to the testing of higher category approval of the contract documents for the vehicles, a process of upgrading centres to scheme is imminent, allowing the council to invite provide off-road facilities for the testing of cer- tenders for the construction of the scheme. tain driving manoeuvres, in accordance with Will the Minister of State give a commitment requirements of EU directives, has been ongoing on the projects which find themselves in an for some time. The essential criteria for a test ongoing limbo because of a regressive pricing centre are adequate demand, distance from near- policy? The issue of foreshore licenses also arises est centre, adequate parking and access, proxim- in relation to many of these schemes. This is ity to suitable test routes and suitable office ironic, given the ongoing pollution being caused accommodation. The location of testing facilities by the lack of proper waste water infrastructure. for higher categories of vehicles will be deter- Thankfully, this has not effected the recent blue mined according to those criteria. flag designations for beaches close to these areas. I assure the Deputy that every effort is being Carrigaholt, Labasheeda, Quilty, Mullagh, made by the Department and the Office of Public Doolin and Ballyvaughan are all coastal villages, Works to secure the site in Killarney which has but fears have now been raised that Carrigaholt been identified. It is hoped that it will be avail- and Labasheeda will be unbundled from the able by the end of July. The Department is com- other village in their grouping, Cooraclare, and mitted to reducing the waiting time for driving that they will be left behind when schemes are tests to realistic levels, not just in Killarney and finally approved. The Scariff, Feakle and Quilty Kerry but throughout the country. This is being schemes were due to start this year. I understand done through the bonus scheme which has been that the costing structure of these schemes is now in operation for some time and the employment to be used as a template for the other schemes. 805 Water and 13 June 2006. Sewerage Schemes 806

However, I draw attention to the fact that three Following examination of Clare County villages to which I have referred have tremendous Council’s original preliminary report for the development potential. Labasheeda is often scheme, my Department wrote to the council in called the Doolin of west Clare because of its November 2004 outlining a number of issues that natural beauty and amenities. Carrigaholt is a needed to be reviewed. Of particular concern was scenic coastal village with a beautiful beach and the high average cost of serving each house to be fine fishing facilities and is potentially an attract- connected to the scheme. The cost per house in ive tourist destination. Cooraclare is an example Labasheeda would have exceeded \83,000, with of a rural village which has retained its character. equivalent costs in Cooraclare and Carrigaholt of It has a strong sense of community which needs \53,000 and \74,000, respectively. No reasonable regeneration. person would countenance these extraordinarily In so many instances, the hearts of villages are high costs being borne by the taxpayer. dying as people move away to the larger towns In this context, it is worth noting that a house- and cities. The failure to upgrade roads, provide holder can provide a proprietary single house broadband and invest in an adequate public waste water treatment system at only a fraction transport system for such villages has led to rural of these figures, and this is the yardstick by which decline over the years. Young people are getting the installation of sewerage facilities from the the message that this Government is not public purse must be assessed. In disbursing interested in balanced regional development or in Exchequer funding, my Department must be con- reducing the congestion and overcrowding of our scious of value for money principles and cannot cities by engaging sufficiently in regional econ- approve a scheme where the costs simply cannot omic planning. It is ignoring the goals of the be justified by comparison with other potential national spatial strategy. solutions. Clare County Council responded with a revised Certainly the cost per unit of waste water facili- preliminary report and water services pricing ties in villages does not compare favourably with policy report. These were examined in my large towns and cities. However, such compari- Department but they only succeeded sons, based on pure accountancy, fail to acknowl- 9 o’clock in reducing the average cost per edge the development potential of these areas house to \44,046 in Labasheeda, and the availability of land for housing, in stark \31,535 in Cooraclare and \27,647 in Carrigaholt. contrast to our cities which are now experiencing Again, these costs exceeded by multiples what a ridiculous house price inflation. Investment in our householder would pay for a proprietary single towns and communities will pay dividends in the house treatment system. These figures dictate long run. It will cut down on long commutes, that a more focused, realistic and cost-effective reduce the disproportionate amount of time solution will have to be devised by Clare County many people are now spending on cars, with the Council to come up with a scheme that can be consequent reduction in quality of life. It will lead provided at an acceptable cost to the public to a reduction in one-off housing with all the purse. The Department is anxious for an early issues that arise there with regard to extending solution to be found but has had to advise the water and telecommunications infrastructure to council that the schemes, as proposed, are not remote areas where people are isolated. economically sustainable. The council was Will the Minister of State give a clear response advised last December to look at a pilot scheme on the start-up date for these three sewerage the Department is funding in north Tipperary to schemes? I am aware there are some problems test new methods of dealing with wastewater with the cost per housing unit, but I hope that the from smaller agglomerations which might offer Minister of State will clear up these issues and the prospect of a more economical solution in indicate where the schemes will go from here. Clare. The hope is that this new system, which, instead of laying traditional gravity or pumped Minister of State at the Department of the sewers, collects and treats effluent from existing Environment, Heritage and Local Government septic tanks using small bore pipes, will offer a (Mr. B. O’Keeffe): I thank the Deputy for raising more cost effective way of providing sewerage this important matter. I have also had represen- services for more dispersed communities. tations on this issue from the Minister of State at The construction phase of the pilot scheme will the Department of Enterprise, Trade and be completed later this year and the results will Employment, Deputy Killeen, Senator Dooley then be analysed to see if the system can be suc- and Senator Daly, and have also met a deputation cessfully replicated in other parts of the country from the area. The Carrigaholt, Labasheeda and at an acceptable cost. However, this was just one Cooraclare sewerage scheme is included in my suggestion and the Department will be willing to Department’s water services investment prog- look at other proposals Clare County Council ramme to start construction in 2007. It is just one might come up with that would provide a more of more than 20 water and sewerage schemes economic outcome than has emerged so far for serving almost 40 different areas, with a com- Carrigaholt, Cooraclare and Labasheeda. bined value of \196 million, that are in the prog- The Department has received no formal pro- ramme for County Clare. posals from Clare County Council regarding de- 807 The 13 June 2006. Adjournment 808

[Mr. B. O’Keeffe.] able proposals are received from Clare County bundling of the schemes. However, proposals that Council. Once the council puts forward plans that may be received in this regard will be considered. meet reasonable affordability criteria, they will I am as anxious as the Deputy is to see a suitable quickly be approved by the Department and the solution being found for these areas but we all council will then be able to prepare contract appreciate the importance of achieving value for documents with a view to inviting tenders. The money solutions for Exchequer moneys sourced Department is fully committed to putting waste- from the taxpayer. water services in place for these communities and I am confident that a way forward can be found I have listened carefully to the points the in the near future. Deputy has made this evening and I assure him that there will be no avoidable delay in the The Da´il adjourned at 9.05 p.m. until 10.30 a.m. Department in dealing with this case when suit- on Wednesday, 14 June 2006. 809 Questions— 13 June 2006. Written Answers 810

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 13, inclusive, answered especially in relation to house prices for new and orally. second hand houses; the measures that have been put in place to stabilise the market; the expected Questions Nos. 14 to 51, inclusive, resubmitted. long-term market indicators; and if he will make a statement on the matter. [22316/06] Questions Nos. 52 to 59, inclusive, answered orally. 69. Ms Enright asked the Minister for the Environment, Heritage and Local Government if Nuclear Safety. he will make a statement on the recent report from TSB-ESRI house price index that house 60. Mr. Eamon Ryan asked the Minister for price growth is at a six year high; and if he will the Environment, Heritage and Local Govern- make a statement on the matter. [22529/06] ment the action he will take in pursuing the MOX case in view of the recent European Court of 110. Mr. Noonan asked the Minister for the Justice ruling on the court’s remit. [22582/06] Environment, Heritage and Local Government the way in which he will tackle the issue of afford- 62. Mr. S. Ryan asked the Minister for the ability of housing for first time purchasers; and if Environment, Heritage and Local Government he will make a statement on the matter. the effect of the recent European Court of Justice [22531/06] decision that it had jurisdiction in the matter con- cerning the commissioning and operation of the 130. Mr. Ferris asked the Minister for the MOX plant at Sellafield which Ireland had orig- Environment, Heritage and Local Government inally referred to an international tribunal; and the actions he is taking to curtail ongoing house the action he proposes to take arising from this price increases which according to the figures new and enhanced position of the European released by the ESRI and Permanent TSB rose Court of Justice. [22450/06] by 5% from January to April 2006. [22481/06] 72. Mr. G. Mitchell asked the Minister for the 142. Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if the reason he did not consult the EU institutions his attention has been drawn to the fact that the before initiating legal action at the UN in relation rise in house prices here is contributing to a new to the taking of the legal case to close Sellafield; type of poverty whereby those struggling to and if he will make a statement on the matter. accumulate a deposit for a home often find that [22523/06] they are unable to furnish it; his views on the Minister for the Environment, Heritage and recent findings of the Permanent TSB House Local Government (Mr. Roche): I propose to Price Index that house prices have risen faster take Questions Nos. 60, 62 and 72 together. since the beginning of 2006 than at any other time I refer to the reply to Priority Question No. 56 since 2000; if his attention has further been drawn on today’s Order Paper. to the fact that such a rise was happening; the steps he intends to take in light of the continuing surge in house prices; and if he will make a state- House Prices. ment on the matter. [22471/06] 61. Mr. Callely asked the Minister for the Environment, Heritage and Local Government if 420. Mr. Callely asked the Minister for the he is satisfied regarding the housing market, Environment, Heritage and Local Government 811 Questions— 13 June 2006. Written Answers 812

[ Mr. Callely .] EU Directives. the consideration, reports or recommendations 63. Mr. McEntee asked the Minister for the his Department has received to introduce Environment, Heritage and Local Government if measures to assist first time house buyers; and if he will make a statement on progress to date in he will make a statement on the matter. enforcing waste electrical and electronic equip- [22319/06] ment regulations; and if he will make a statement on the matter. [22573/06] Minister for the Environment, Heritage and Local Government (Mr. Roche): I propose to Minister for the Environment, Heritage and take Questions Nos. 61, 69, 110, 130, 142 and Local Government (Mr. Roche): The United 420 together. Nations has labelled electrical & electronic waste I refer to the reply to Questions Nos. 53 and 55 as one of the world’s fastest growing and most on today’s Order Paper. As indicated in that dangerous waste streams. The European Union reply, the Government have taken action on a was so concerned about this form of waste that it wide front to maximise access to home owner- enacted the Waste Electrical and Electronic ship, particularly through measures to promote Equipment Directive aimed at bringing the prob- adequate supply of housing to meet very strong lem under control in 2002. On 13th August 2005, demand. In particular, we have supported first Ireland became one of only 3 EU Member States time buyers through a range of targeted to fully implement this Directive when the Waste measures, notably affordable housing schemes Electrical and Electronic Equipment Regulations and stamp duty reduction. Reduced stamp duty came into effect. yielded significant savings for first time buyers The policy has been more successful than any- and has been particularly beneficial for people one imagined: saving for a deposit. • In less than 7 months 14,500 tonnes of Waste It is not possible for me to comment in detail Electrical & Electronic Equipment were col- on the Permanent TSB house price index, which lected for recycling is based on Permanent TSB’s own lending trans- • This included 11,000 tonnes of fridges and actions. However, the figures published by my freezers and over 1,000 tonnes of old TVs. Department showing the actual overall average house prices for the whole market, based on • This is the equivalent to an annual collection returns from all lending institutions, do not show rate of 6.7Kg per person, way ahead of our the rate of price growth at a six year high. EU target of 4Kg per person by 2008. The Department’s figures indicate that, with As a result of this Government initiative Ireland the exception of a period between the third quar- is to the fore in terms of recycling waste electrical ter of 2001 and the second quarter of 2002, the and electronic equipment and we are now seeing rate of increase in new house prices nationally at major investments being made in a whole new the last quarter of 2005 was lower than at any recycling industry. time since 1996. The rate of increase for second Enforcement of the Regulations is a matter for hand houses at the last quarter of 2005 was also the Environmental Protection Agency and the lower than the rate during most of the period local authorities. I am pleased to say that imple- between 1996 and 2004. mentation is being vigorously pursued. In excess Government policy in this area has been of 700 cases have been taken up by the Agency informed by a range of reports and recom- and the vast majority of producers and retailers mendations, including three reports on the hous- approached have been steered towards full com- ing market by Peter Bacon and Associates in the pliance by this intervention. To date there have period 1998 to 2000, The National Economic and been three successful prosecutions brought by Social Council report on the housing sector in the Agency. 2004 and the Sustaining Progress Agreement, in which the Affordable Housing Initiative was Social and Affordable Housing. included as a special initiative. In addition, the 64. Mr. Neville asked the Minister for the Affordable Homes Partnership in 2005 was estab- Environment, Heritage and Local Government lished following a progress report on the imple- his proposals for social housing; and if he will mentation of the Affordable Housing Initiative make a statement on the matter. [22532/06] by Mr Des Geraghty. My Department has regard on an ongoing basis to relevant material in Minister of State at the Department of the reports by various public and private sector Environment, Heritage and Local Government bodies. It will continue to monitor closely devel- (Mr. N. Ahern): The new Housing Policy Frame- opments and views so as to provide effective work: Building Sustainable Communities input to policy in relation to housing. launched by Government last December outlines a substantially increased programme of invest- Questions No. 62 answered with Question ment in social and affordable housing measures No. 60. for the period 2006-2008. 813 Questions— 13 June 2006. Written Answers 814

Exchequer capital resources provided by my partnership procurement process include analysis Department for these measures for this period by the National Development Finance Agency of stand at almost \4 billion, over 20% higher than a project’s financial parameters in order to assure the past three years, and this sum increases to value for money. Furthermore, both a public sec- over \6.5 billion when non-voted and current tor benchmark (the notional cost if a project were spending provisions are included. to be developed purely by the public sector), and This money will be invested in response to an affordability cap (the level at which a procure- identified need, with in the region of 23,000 new ment process should be abandoned and the pro- units of social housing to be commenced over the ject delivered by other means) are set in respect same period. In addition, further households will of projects to be delivered through public be assisted through the new Rental Accom- private partnership. modation Scheme. In total, we expect some My Department’s role, as I have already indi- 50,000 households to benefit from various social cated, was confined to reviewing the procurement and affordable housing measures over the coming process and ensuring that it had been properly three years. and rigorously completed in accordance with the The strength of existing social housing prog- public private partnership guidelines and general rammes is demonstrated in the fact that work was procurement rules. in progress on over 10,000 social housing units at In that review, my Department found that the the end of 2005 which augurs well for increased proposed waste to energy project came within the output this year. predetermined affordability cap and the public The local authority housing programme is part sector benchmark, meaning that its delivery via of the wider social and affordable housing prog- public private partnership is more efficient than rammes for which the main strategy for delivery other alternatives. is the local authority 5-year Action Plans for social and affordable housing. The Action Plans, Waste Management. now at their midway stage are currently being reviewed. The outcome of the reviews will ensure 66. Mr. Deenihan asked the Minister for the that local authorities continue to have a frame- Environment, Heritage and Local Government work for the integrated and cohesive planning his views on the introduction of resource recovery and delivery over the coming years of specific units as part of the waste management policy of social and affordable housing measures based on his Department; and if he will make a statement their relevant housing strategy. on the matter. [22542/06] Minister for the Environment, Heritage and Waste Disposal. Local Government (Mr. Roche): National policy 65. Mr. Quinn asked the Minister for the on waste management is based on the inter- Environment, Heritage and Local Government if nationally accepted waste hierarchy. This places he has satisfied himself that the costings made in the prevention and minimisation of waste at the relation to the proposed Ringsend incineration top of the hierarchy followed by reuse and plant in 1997 are still valid; and if he intends to recycling, with energy recovery from waste pre- reassess the financial analysis and costing model ferred to the least environmentally desirable out- of the incineration process in view of the possi- come of landfilling. In line with this approach, my bility that a range of costs may have been omitted Department is actively supporting local auth- from the original costings. [22486/06] orities who have the statutory responsibility for waste management planning in Ireland. Minister for the Environment, Heritage and The National Waste Prevention Programme Local Government (Mr. Roche): The project in being run by the Environmental Protection question is being advanced by Dublin City Agency includes grant aiding pilot local authority Council, acting on behalf of the local authorities demonstration projects on waste prevention. in the Dublin region whose regional waste man- Regulations introduced to implement individual agement plan identifies the need for the facility waste stream recovery such as those on packaging concerned. waste, waste electrical and electronic equipment The initial costings drawn up in 1997 related to and end-of-life vehicles also encourage waste pre- outline assessment of the thermal treatment vention and reuse. option. The site in Ringsend had not been iden- In addition, significant grant aid is made avail- tified at that stage. The 1997 projections prepared able to local authorities to co-fund recycling by the City Council are not a baseline for facilities, including material recovery facilities, assessing the value for money in relation to this bring banks and civic amenity sites. Some \90m project. has been committed since 2002 in this regard. The The necessarily protracted procurement pro- impact of this can be seen in our national cess, by way of public private partnership, for the recycling rate which had grown to almost 34% by proposed Ringsend plant has however involved a 2004, the latest year for which data is available. very high degree of financial analysis and careful There is also scope for other initiatives to costing. The requirements of the public private further facilitate the public in reaching our 815 Questions— 13 June 2006. Written Answers 816

[Mr. Roche.] An all-Island Species Action Plan for fresh- ambitious national targets in regard to recycling water pearl mussels is being prepared in consul- and diversion of waste from landfill. Materials tation with the authorities in Northern Ireland, unwanted by individuals, households or busi- where similar problems are being faced. Guide- nesses should where possible be seen as a lines for forestry operations in freshwater pearl resource capable of being further used. A contri- mussel catchments will go to public consultation bution to this approach can be made by resource shortly. My Department and Coillte are carrying recovery mechanisms. out research in the Owenriff River, Co. Galway, The Dublin region has identified resource in an effort to come up with scientifically based recovery as an objective of its regional waste management measures to ensure that forestry management plan and my Department under- operations on peat do not cause problems for stands that, led by Dublin City Council, a web freshwater pearl mussels in that river. based system is now being developed to facilitate Under the Water Framework Directive, it is the exchange of material, e.g. unwanted furniture mandatory that the water quality standards which might otherwise become a waste, between required for the freshwater pearl mussel be individuals and households. I very much welcome achieved at least within special areas of conser- such initiatives and urge other local authorities to vation designated for the species. My Department support such developments which can com- is working to develop appropriate standards and plement the very extensive network of recycling protocols to meet this requirement. facilities now being put in place. Planning Issues. Species Action Plans. 68. Mr. Coveney asked the Minister for the 67. Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the results on a planning authority basis of his the steps he intends to take in relation to the Department’s survey of planning authorities threatened extinction of the pearl mussel; if his regarding their policy on attaching planning con- attention has been drawn to the fact that the ditions relating to management companies in water quality is in serious decline in the last nine housing developments; and if he will make a rivers where the species exist; and his plans to statement on the matter. [22516/06] tackle the eutrophication of these nine river sites and in particular to tackle the over-use of phos- Minister for the Environment, Heritage and Local Government (Mr. Roche): Final compi- phates and nitrates in these areas. [22490/06] lation is being completed in my Department of detailed information received from planning Minister for the Environment, Heritage and authorities on their policy on attaching planning Local Government (Mr. Roche): There are two conditions relating to management companies. I types of freshwater pearl mussel in Ireland, one will forward this information to the Deputy of which (Margaritifera durrovensis) is unique to shortly. a short stretch of the River Nore. The other Some 90% of respondents have indicated that (Margaritifera margaritifera) is more widespread. they do attach conditions to planning permissions My Department has designated nineteen special requiring management companies in the case of areas of conservation for freshwater pearl mus- apartment developments and a large majority sel species. also indicated that they attach such conditions for Freshwater pearl mussels demand the highest mixed developments of apartments and houses level of water quality, and even slight deterior- but only for the communal areas relating to the ation jeopardises their future. Monitoring shows apartments. In relation to estates comprising of that none of the known Irish populations are in a houses only, about 40% of respondents do on favourable conservation status. This reflects the occasion attach conditions regarding manage- common position across Europe, although ment companies to such estates. However these Ireland has one of the best surviving populations planning authorities have stated, in the main, that of freshwater pearl mussels in Europe. The cur- it is not their general policy to attach such con- rent population declines and low breeding success ditions to housing estates and that they only do are being caused by a general failure of water so in very specific circumstances for example: quality to meet the exacting demands of the species. • holiday Home Developments; A captive breeding programme for the Nore • if a local authority service is not available e.g. pearl mussel is being supported by my Depart- water and sewerage; ment and the National Roads Authority. This draws on experience gained in captive breeding • if the developer indicates that they do not wish the development to be taken in charge; of freshwater pearl mussels in Northern Ireland, or and if these measures should prove successful, it is envisaged that they will be applied to other • a specific service or facility for residents use freshwater pearl mussel populations. only such as a playground. 817 Questions— 13 June 2006. Written Answers 818

As I have stated previously, the related issues of All submissions in this case to the European planning conditions regarding management com- Court of Justice have been made and the Court’s panies and taking in charge are quite complex, judgment is awaited. The question of fines does particularly in the newer mixed estates which not arise at this stage. contain apartments, duplex houses and terraced houses, with shared facilities such as car-parking Archaeological Sites. and gardens. My Department is at present updat- 71. Mr. Gogarty asked the Minister for the ing the residential density guidelines following on Environment, Heritage and Local Government if the publication of the Housing Policy Frame- he will provide this Deputy with copies of any work: Building Sustainable Communities, last significant reports or correspondence that he has December. It will be appropriate to examine received outlining the archaeological value of the further the issues of taking in charge and manage- Thornton lands in north County Dublin that have ment companies in this context. been proposed for a new prison; and his Depart- ment’s involvement in the work. [22578/06] Question No. 69 answered with Question No. 61. Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department EU Directives. has granted licences for certain archaeological investigations at Thornton. Three licences for 70. Dr. Upton asked the Minister for the Envir- geophysical testing have been issued: to archaeol- onment, Heritage and Local Government the ogists working on behalf of a local group and to steps he has taken to ensure that Ireland will not archaeologists working for the Irish Prison be liable to pay fines under the EU Habitats Service. One test excavation licence has also been Directive in relation to the failure to protect granted to facilitate work to be undertaken on endangered species. [22491/06] behalf of Irish Prison Service. The reports on the geophysical testing have Minister for the Environment, Heritage and been received and are available for inspection at Local Government (Mr. Roche): The European the offices of the Archaeological Survey of Communities (Natural Habitats) (Amendment) Ireland, 6 Ely Place, Dublin 2. Regulations 2005 were made in response to a case taken against Ireland by the European Com- Question No. 72 answered with Question mission, (Case C-183/05), which related to the No. 60. Commission’s concerns that Ireland’s trans- position of the Habitats Directive was in some Library Projects. respects inadequate. Ireland also presented to the 73. Mr. Kehoe asked the Minister for the European Court of Justice the wide range of Environment, Heritage and Local Government if monitoring schemes and active measures that are he will make a statement on the way in which he being taken to address the needs of Annex IV will improve public libraries here; and if he will species. allocate more resources to them in 2006. The Commission accepted that the new regu- [22571/06] lations answered their legislative concerns regard- ing transposition, and accordingly withdrew that Minister for the Environment, Heritage and aspect of their case against Ireland. The case, Local Government (Mr. Roche): The provision however, proceeded on the basis of the Com- and funding of the public library service is a func- mission’s concerns about Ireland’s operation of tion of the individual library authorities. Grant derogation procedures under the Directive and aid is provided by my Department to local auth- their view that surveillance and specific measures orities and An Chomhairle Leabharlanna in were, to date, insufficient. This has been strongly respect of the development of the library and contested by Ireland at the Court and extensive archive service including on-line services in material including scientific reports have been libraries. In 2006, the provision in my Depart- presented in corroboration of Ireland’s defence. ment’s Vote for this programme is \12.32 million. In the meantime, the practice relating to the granting of derogation licences (e.g. for the dis- Election Management System. turbance of bat colonies in the course of road 74. Mr. Broughan asked the Minister for the construction) has been comprehensively reviewed Environment, Heritage and Local Government in the light of the arguments made by the Com- the contingency plans which are in place to mission, and as a result, a more structured and recycle or otherwise dispose of the electronic vot- rigorous procedure has now been put in place, ing machines in the event of an unfavourable with a strong emphasis on effective mitigation report from the Commission on Electronic Vot- measures. In addition, progress is being made in ing on their suitability for use; the contingency the preparation of additional species action plans plans which are in place; if he intends to use the that address the conservation needs of Annex machines in the event of a favourable report from IV species. the Commission on Electronic Voting; the elec- 819 Questions— 13 June 2006. Written Answers 820

[Mr. Broughan .] he will make a statement on the matter. tion at which he would intend that the electronic [22826/06] voting machines would be used if the CEV Minister for the Environment, Heritage and reports favourably; and if he will make a state- Local Government (Mr. Roche): I propose to ment on the matter. [22506/06] take Questions Nos. 74, 79, 129, 139, 153 and 454 together. 79. Mr. Sherlock asked the Minister for the A programme of further assessment, testing Environment, Heritage and Local Government if and validation of the electronic voting and coun- e-voting machines have been examined for signs ting system is underway to address issues raised of rust or damage since they were put into stor- by the Commission on Electronic Voting and age; if the security seals have been checked on demonstrate that the system operates reliably, each machine; when they were last checked; if securely and accurately. As part of this prog- security seals were broken; the percentage of the ramme, my Department engaged consultants in machines which are still in a usable condition; and July 2005 to undertake a security and risk assess- if he will make a statement on the matter. ment of all aspects of the system and to devise a [22501/06] programme of additional testing. The consultancy work, costing \92,300 (excluding VAT), is well 129. Mr. Sherlock asked the Minister for the underway and will be completed as soon as Environment, Heritage and Local Government possible. when he would expect to have a Government The timing of the further use of the system is decision on the use or not of electronic voting in dependent on the progress made with this work the future; and if he will make a statement on the and the ongoing work of the Commission on matter. [22502/06] Electronic Voting, the associated decisions aris- ing in this regard, and the dates at which future 139. Mr. Rabbitte asked the Minister for the polls may be held. My Department has had no Environment, Heritage and Local Government approach from other jurisdictions in relation to the number of e-voting machine storage facilities this matter on the lines referred to in Question which are the subject of long-term lease agree- No. 153. ments between the State and the owners of such My Department’s Franchise Section is respon- facilities; the locations of each of these facilities; sible for a range of matters relating to the elec- the length of time each agreement lasts; and the toral system, including implementation of the amount the State is liable to pay per annum in electronic voting and counting system. At respect of these agreements in the event of the present, three staff in the Section work on, inter alia, matters relating to the system. Government deciding to abandon electronic vot- Responsibility for the security and safe storage ing. [22500/06] of manual voting equipment (such as ballot boxes, stamping instruments, and stationery) is a 153. Mr. Durkan asked the Minister for the matter for Returning Officers, who are statutorily Environment, Heritage and Local Government if responsible for conducting the polls. Accordingly, efforts have been made to dispose of the elec- similar responsibility was assigned to them in tronic voting technology and appliances by sale relation to the storage of the electronic voting or tender; if there have been inquiries from other machines and equipment. The electronic voting jurisdictions in this regard; if it is possible to machines do not require maintenance on an realise the expenditure to date from any such ongoing basis. sale; and if he will make a statement on the The following table sets out information pro- matter. [22462/06] vided by Returning Officers regarding storage arrangements entered into by them in each of the 454. Mr. Durkan asked the Minister for the 25 locations involved. While I have requested my Environment, Heritage and Local Government Department to examine the question of central- the nature, extent and cost of the ongoing testing ised storage of the voting machines, it would not and evaluation of the e-voting technology; the be appropriate to comment at this stage on number of staff and work hours dedicated to the detailed costs that might be involved in the buy- project; if it is intended to incur further expendi- out of leases given the commercial consider- ture on the system and for what purpose; and if ations involved.

Constituency Location of Storage Premises Duration of Lease

Carlow-Kilkenny Mortarstown 2 years Cavan-Monaghan Monaghan Town 25 years Clare Ennis Monthly basis Cork City Ballygarvan 10 years Cork County Togher Annual basis 821 Questions— 13 June 2006. Written Answers 822

Constituency Location of Storage Premises Duration of Lease

Donegal Letterkenny Annual basis Dublin City Ballycoolin 8 years Dublin County Finglas Annual basis Galway Galway City N/A (Voting Machines stored in the courthouse) Kerry Tralee 10 years Kildare Clane 9 years 9 months with 5 year break clause Laois-Offaly Portlaoise 5 years Limerick Limerick City 4 years 9 months Longford Longford Town 4 years 9 months Roscommon Roscommon Town 2 years 6 months Louth Dundalk N/A (Town council premises) Mayo Castlebar Annual basis Meath Navan 9 years 9 months Sligo Sligo Town N/A (Voting Machines stored in the courthouse) Leitrim Carrick on Shannon 1 year Tipperary (N & S) Clonmel 5 years Waterford Waterford City 10 years Westmeath Mullingar 4 years 9 months Wexford Drinagh Monthly basis Wicklow Kilcoole Annual basis

Nuclear Plants. Ireland. We consider that the activities of priv- atised companies involved in the nuclear industry 75. Mr. Penrose asked the Minister for the require close scrutiny and coordination, to ensure Environment, Heritage and Local Government that safety is not compromised in pursuit of pro- his views on raising the privatisation of British fit. I raised specific concerns about the use of nuclear fuels at EU level. [22448/06] private contractors in the industry when I met the Chairman and the Chief Executive of the Nuclear Minister for the Environment, Heritage and Decommissioning Authority in November last in Local Government (Mr. Roche): The decision by Dublin. I also made clear in that meeting and in the United Kingdom Government to approve the an earlier meeting with the United Kingdom Sec- sale of British Nuclear Group Sellafield Ltd. retary of State at the Department of Trade and (BNG) was made in the context of the Strategy Industry, Mr. Alan Johnson MP, in October 2005 document published on 30 March 2006 by the that the issue of safety at Sellafield must be para- UK’s Nuclear Decommissioning Authority mount and the reduction of hazards and risks on (NDA). This Strategy outlines how the NDA the site must be the priority. proposes to tackle the decommissioning and Regardless of the privatisation of any element clean up of the 20 nuclear sites, including Sella- of the British Nuclear apparatus, the Irish field, over which they have control. Government will continue to hold the UK This restructuring was considered at EU level Government accountable and responsible for the when an investigation was launched by the EU operation of the Sellafield Nuclear Plant. The Commission under Article 88(2) of the EU current position whereby both the ownership of Treaty. The investigation considered whether the the site and control of the operations undertaken transfer of the assets and liabilities of the British at Sellafield are the responsibility of the UK Nuclear Group to the Nuclear Decommissioning Government through the Nuclear Decom- Authority complied with EU rules on State Aids. missioning Authority will continue. The UK auth- The Commission announced on 4 April 2006 that orities have confirmed to my Office that the priv- the transfer was in compliance because British atisation of the British Nuclear Group will not Nuclear Group was deemed to have met the prin- alter this position. ciple that the ‘polluter pays’. It is not clear that I would like to make it very clear that we hold, the particular issue of the privatisation of the and will continue to hold the UK Government British Nuclear Group would attract further accountable and responsible for the operation of interest at EU level. the Sellafield nuclear facility. Our concerns Our concerns regarding the privatisation of regarding operational safety, marine discharges BNG relate to the potential impact on safety at and the storage of large volumes of highly active Sellafield and risks that could be posed to waste at Sellafield remain, and as Minister I will 823 Questions— 13 June 2006. Written Answers 824

[Mr. Roche.] I recently informed local authorities of their continue to articulate these concerns clearly and financial allocations for their local authority consistently to the UK Government and Admini- housing programmes and have urged them to stration, and at appropriate opportunities, in accelerate progress on the implementation of Europe. their housing programmes in order to commence construction and secure completion on as many Housing Provision. social housing schemes as possible in 2006. The total allocation for 2006 is \942 million. This ´ 76. Caoimhghı´nOCaola´in asked the Minister should allow for the completion of over 5,000 for the Environment, Heritage and Local housing units in 2006. In December 2005, the Government the proposals contained in the hous- Government launched a new Housing Policy ing material of the National Development Plan Framework: Building Sustainable Communities which have been or are being drafted by his which outlines key principles underpinning hous- Department including details regarding the ing policy and investment over the coming years. priorities for investment in housing contained in Substantial increased investment in social and that material. [22478/06] affordable housing is outlined in the framework. This will allow for some 23,000 new social homes 116. Mr. Morgan asked the Minister for the to be commenced between 2006 and 2008; and Environment, Heritage and Local Government some 15,000 affordable homes to be delivered. In the targets in respect of social housing his Depart- total, some 50,000 households will benefit over ment is proposing should be included in the new the coming three years from an Exchequer capital National Development Plan 2007 to 2013. investment package of close to \4 billion. Allied [22474/06] to this, a package of reforms is proposed to improve equity, efficiency and effectiveness. The Minister of State at the Department of the focus is on improving community participation, Environment, Heritage and Local Government improving services to ensure personal choice, (Mr. N. Ahern): I propose to take Questions Nos. autonomy and responsibility. The overall impact 76 and 116 together. of these measures will impact positively on wait- The preparation of the National Development ing lists for social and affordable housing Plan 2007-2013 (NDP) is being coordinated by the Department of Finance and a high level Greenhouse Gas Emissions. steering group, chaired by that Department and comprising senior officials of other relevant 78. Mr. Hayes asked the Minister for the Envir- Departments, has been established to oversee onment, Heritage and Local Government if he drafting. The housing material of the NDP is will make a statement on his Department’s emis- being drafted by my Department and while the sions trading policy. [22566/06] final content and focus of the overall Plan will be a matter for decision by Government, priorities 101. Mr. Gilmore asked the Minister for the for investment in housing will take account of a Environment, Heritage and Local Government number of factors — including the key policy the effectiveness of the new limits on greenhouse challenges highlighted by the NESC report, the gas production will be in helping to meet results of the 2005 Housing Needs Assessment Ireland’s Kyoto targets; his views on whether the and the policy framework set out in the document new limits are stringent enough to act as an incen- Housing Policy Framework — Building Sus- tive to business to reduce emissions; if his Depart- tainable Communities which was launched in ment or any other State body carried out research December 2005. to ascertain the expected effectiveness of the new limits in encouraging businesses to reduce emis- 77. Mr. Durkan asked the Minister for the sions. [22472/06] Environment, Heritage and Local Government the number of local authority houses expected to Minister for the Environment, Heritage and be built in 2006; the extent to which this is likely Local Government (Mr. Roche): I propose to to meet the need as defined in the housing wait- take Questions Nos. 78 and 101 together. ing lists throughout the country; and if he will Participation by Irish installations in the EU make a statement on the matter. [22463/06] Emissions Trading Scheme, as required under Directive 2003/87/EC, is a key element of Minister of State at the Department of the Ireland’s overall approach to meeting its target Environment, Heritage and Local Government for the purposes of the Kyoto Protocol. The other (Mr. N. Ahern): The most recent assessment of elements are a programme of measures to need for social housing which was undertaken by achieve emission reductions throughout the econ- local authorities in March 2005 indicated that omy (as set out in the National Climate Change there were 43,684 households on local authority Strategy) and use of the Kyoto Protocol mechan- waiting lists compared with 48,413 in March 2002 isms to purchase credits arising from carbon — a decrease of almost 10%. reductions elsewhere in the world. 825 Questions— 13 June 2006. Written Answers 826

In relation to the next trading period (2008- Energy. Entitled Our Energy Challenge: Securing 2012) under the EU Scheme, the Government has Clean Affordable Energy for the Long Term, this decided that the trading installations in Ireland document states that the review will consider will be allocated just over 23 million allowances whether nuclear power should continue to be part per annum over the five years. This is equivalent of the mix of energy supplies for the UK in the to 88% of their projected emissions on a business future. While the review is not yet complete, as usual basis. The allocation by the Government Prime Minister Blair has clearly indicated his was informed by independent analysis of projec- view that nuclear new build in the UK should tions and cost-effective emission-reduction remain very much on the agenda. measures available to the sector carried out by My Department, in conjunction with the ICF Consulting and Byrne O´ Cle´irigh. A copy of Radiological Protection Institute of Ireland the consultants’ report Determining the Share of engaged in the consultation process relating to National Greenhouse Gas Emissions for Emis- the Review. The submission made, which covered sions Trading in Ireland 2008-2012 is available on a number of issues of concern to Ireland, reiter- my Department’s website www.environ.ie. The ated the Government’s strong opposition to emission reductions to be made by the trading nuclear in general and to the siting of any nuclear sector in Ireland in the 2008-2012 period are plants on the island of Ireland in particular. We equivalent to about 3 million tonnes or some 42% are monitoring the progress of the UK Review of our projected distance to its target under the closely. Kyoto Protocol. In regard to the European dimension, the I am satisfied that this allocation achieves an Green Paper on a European Energy policy pub- appropriate balance between the important lished by the European Commission in March environmental objectives involved and the need recognises that each Member State will have to to protect the competitiveness of the economy. meet its energy needs in accordance with choices based on its own national preferences and taking Question No. 79 answered with Question into account sustainability, competitiveness, No. 74. energy efficiency and security of supply. This applies to Ireland which is non-nuclear and to all Nuclear Plants. other Member States, some of whom, like the UK, choose to pursue the nuclear power option. 80. Mr. Stagg asked the Minister for the Envir- Ireland co-operates on a regular basis in the onment, Heritage and Local Government if he EU with countries who are like-minded on the intends to meet with the Northern Secretary, Mr. nuclear issue and will continue to do so. Hain, with a view to receiving a solemn commit- However, the issues arising for Ireland in relation ment that no nuclear power plant will be built on to decisions taken in the UK on nuclear issues the island of Ireland under the UK energy are of significantly greater concern to Ireland review. [22445/06] because we share the Irish Sea and are close neighbours. 107. Mr. Wall asked the Minister for the Envir- onment, Heritage and Local Government when he intends to raise the UK energy review, and Social and Affordable Housing. the possibility of additional nuclear power plants 81. Mr. McEntee asked the Minister for the being built in the UK, with like minded countries Environment, Heritage and Local Government if on the nuclear issue within the EU. [22446/06] he will make a statement on the progress on Part 5 of the Housing Act 1988 on a county basis. Minister for the Environment, Heritage and [22564/06] Local Government (Mr. Roche): I propose to take Questions Nos. 80 and 107 together. Minister of State at the Department of the Together with my colleague, the Minister for Environment, Heritage and Local Government Foreign Affairs, I met with the Northern Sec- (Mr. N. Ahern): I assume that the Question retary, Mr. Peter Hain at a meeting of the British relates to Part V of the Planning and Develop- — Irish Council on 2 June. We took the oppor- ment Act 2000 — 2004. Information on the tunity to emphasise that the Irish Government number of housing units acquired under Part V is would be strongly opposed to the building of any published in my Department’s Housing Statistics nuclear plants on the island of Ireland. The Bulletins, copies of which are available in the Northern Secretary responded, acknowledging Oireachtas Library and on the Department’s that there was no support, North or South, for website at www.environ.ie. sitting a nuclear power plant on the island of I am satisfied that Part V is operational in all Ireland. planning authorities and that output is gathering The United Kingdom is currently considering momentum as evidenced by the statistics. its future energy needs and reviewing its capacity to meet them. As part of this Energy Review, a Housing Grants. consultation document was launched on 23 January 2006 by the UK Minister of State for 82. Dr. Twomey asked the Minister for the 827 Questions— 13 June 2006. Written Answers 828

[ Dr. Twomey.] number of radon measurements undertaken by Environment, Heritage and Local Government if householders compared with previous years. he will introduce a grant system to tackle radon If the household is found to have high radon gas in domestic dwellings; and if he will make a levels, remediation work may be recommended. statement on the matter. [22572/06] Technical guidance on radon remediation tech- niques is available in a booklet issued by my 98. Mr. Wall asked the Minister for the Envir- Department called Radon in Buildings — Correc- onment, Heritage and Local Government the tive Options which is available on my Depart- reason he is opposed to the provision of assist- ment’s website at www.environ.ie. The RPII has ance to elderly people to carry out radon reme- also issued guidance entitled Understanding diation work to their homes through either the Radon Remediation — A Householders’ Guide. essential repairs grants scheme or the housing aid This is available on the RPII website, as is a list of for the elderly scheme; and if he will reconsider companies who can provide a radon remediation his opposition to same. [22447/06] service and can offer specific advice and recom- mendations. Minister for the Environment, Heritage and In addition, my Department, in June 1997, Local Government (Mr. Roche): I propose to introduced upgraded building regulations which take Questions Nos. 82 and 98 together. required all new houses which commenced con- Government efforts and resources, together struction on or after 1 July 1998 to incorporate with those of the Radiological Protection radon protection measures at the time of con- Institute of Ireland (RPII), focus on highlighting struction. public awareness of radon and on improving information to householders so as to enable and Local Authority Regulations. encourage them to address monitoring or 83. Mr. Kenny asked the Minister for the remedial requirements effectively and econ- Environment, Heritage and Local Government if omically. he intends to amend staff regulations for certain Increasing the awareness of the public is con- graded employees of local authorities and sidered to be a more effective approach than the vocational educational committees to stand for provision of State financial assistance schemes to election or be co-opted as members of local auth- householders for radon testing of their homes or orities; and if he will make a statement on the for radon remediation works. Such schemes of matter. [22539/06] assistance are not operated by the majority of EU Member States. The Government, therefore, Minister for the Environment, Heritage and does not propose to reconsider including radon Local Government (Mr. Roche): The provisions remediation measures as qualifying under the governing local authority membership and local essential repairs grants or the Housing Aid for authority employment are set out in sections 13 the Elderly schemes. and 161 of the Local Government Act 2001. The Government, largely through the RPII, Under section 13 of the Act, a person employed has for many years committed significant by a local authority who is not the holder of a resources to assessing the extent of the radon class, description or grade of employment desig- problem throughout the country and to high- nated by order under section 161 is disqualified lighting public awareness of radon and the health from being elected or co-opted to, or from being risks associated with prolonged exposure to high a member of, a local authority. radon concentrations. Householders, particularly For the purposes of the Local Government Act those in high radon areas, have been strongly 2001 (Section 161) Order 2004, designated encouraged to have their homes tested for radon employments are employments whose maximum and to undertake radon remediation works remuneration does not exceed the maximum where necessary. remuneration for the post of Clerical Officer As part of its campaign to further enhance (Grade 3) in a local authority. There are no pro- public awareness of radon, the RPII, in late 2004, posals to alter this position. The position in began a nationwide series of public information relation to employees of vocational educational seminars on radon, targeted at high radon areas. committees is a matter for the Minister for Edu- So far, seminars have been held in Sligo, cation and Science. Kilkenny, Waterford, Ballina and Tralee. These seminars have received widespread media cover- age and have generated a large number of enquir- Social and Affordable Housing. ies from the public. The RPII have visited 84. Ms McManus asked the Minister for the Clonmel this year and also plan to visit Carlow Environment, Heritage and Local Government and Galway. the steps he intends to take to increase the social Recent research commissioned by the RPII has and affordable housing stock in view of the fact found that 75% of the general population are that rent supplement, which was designed to be a aware of radon. In addition, over the past two temporary solution for housing individual years, there has been a significant increase in the families, has become a social housing programme 829 Questions— 13 June 2006. Written Answers 830 that is clearly not working and is not benefiting reply to Question No. 558 of 3 May 2006 in those affected by the housing crisis. [22485/06] relation to the local government reform programme. Minister of State at the Department of the A number of new structures have been intro- Environment, Heritage and Local Government duced in recent years as part of the programme (Mr. N. Ahern): The new Housing Policy Frame- to provide an enhanced role for elected members work: Building Sustainable Communities in policy formulation and review and in launched by Government last December provides developing and implementing an integrated for further increases in the investment in social strategy for the economic, social and cultural and affordable housing programmes. Exchequer development of their areas. This role is now capital resources provided to my Department for undertaken in partnership with representatives of these programmes for the period 2006 to 2008 the sectoral interests through the local authority stand at almost \4 billion, over 20% higher than Strategic Policy Committees (SPCs) and the local the previous three years, and this sum increases government led County/City Development to over \6.5 billion when non-voted and current Boards (CDBs) respectively. Following a review spending provisions are included. This money will of the SPCs, a number of recommendations were be invested in response to identified need. It is made to improve their performance and these are expected that in the region of (23,000) new units at present being implemented at local authority of social housing will be commenced and 15,000 level. In addition, CDBs have at my request, just units of affordable housing delivered over the completed a review of their strategies in order to period. Further households will be assisted ensure that they remained focused on delivering a through the new Rental Accommodation Scheme select number of key priorities over the following (RAS) which is an additional form of social hous- three years. The review concentrated on integrat- ing established to provide for those rent sup- ive actions aimed at a more joined-up approach plement recipients with a long-term housing to local service delivery, involving the member need. In total, I expect some 50,000 households agencies on the Board. to benefit from various social and affordable A new structure in the form of joint local auth- housing measures over the coming three years. ority — Garda policing committees will be intro- duced into local government over the next few 85. Dr. Twomey asked the Minister for the months. These new committees will be launched Environment, Heritage and Local Government if shortly, initially on a pilot basis. The committees he will make a statement on the EBS report on will introduce a partnership process involving affordable housing issued in June 2006. local elected members, An Garda Sı´ocha´na, [22563/06] Oireachtas members, community representatives and local authority management which can col- 128. Aengus O´ Snodaigh asked the Minister for lectively consult, discuss and make recom- the Environment, Heritage and Local Govern- mendations on matters affecting the policing of ment in view of the fact, there is a real probability local areas. that mortgage interest rates will continue to My focus has been on intensifying and consoli- increase over the coming 18 months, his views on dating the gains made through the extensive local the findings of the affordability index produced government modernisation programme of recent by EBS Building Society and DKM Economic years. While much has been achieved, I am Consultants on 6 June 2006 which found that anxious that momentum be maintained and mortgages State wide cost 27 per cent of earnings further progress made in delivering, modern, on average, with first-time buyers in Dublin effective and customer focused service delivery spending 32 per cent of their income on repay- by local authorities to their communities. ments. [22482/06] Waste Management. Minister for the Environment, Heritage and Local Government (Mr. Roche): I propose to 87. Mr. Deasy asked the Minister for the Envir- take Questions Nos. 85 and 128 together. onment, Heritage and Local Government the I refer to the reply to Questions Nos. 53 and 55 result of checks his Department has made into on today’s order paper. the operation of the plastic bag levy; if there is significant avoidance of the charge by some retail outlets; if so, the action he intends to take; and if Local Government Reform. he will make a statement on the matter. 86. Mr. Stanton asked the Minister for the [22548/06] Environment, Heritage and Local Government his plans regarding the reform of local govern- Minister for the Environment, Heritage and ment structures; and if he will make a statement Local Government (Mr. Roche): The 15 cent levy on the matter. [22470/06] on plastic bags, as provided for in the Waste Man- agement (Environmental Levy) (Plastic Bag) Minister for the Environment, Heritage and Regulations 2001, applies to all plastic bags sup- Local Government (Mr. Roche): I refer to the plied to customers at the point of sale to them for 831 Questions— 13 June 2006. Written Answers 832

[Mr. Roche.] ment Programme 2005 — 2007 published late last the conveyance of goods or products. Prior to the year and available in the Oireachtas Library. The introduction of this levy in March 2002, an esti- schemes in the Programme are being advanced mated 1.2 billion plastic bags were given away as quickly as possible. With regard to proposed free by retailers. The levy has led to a dramatic housing development in the area referred to, I reduction in use of plastic bags with a consequent understand that, in advance of any significant positive environmental benefit. Plastic shopping planning applications being considered, Du´ n bags accounted for 5% of litter arising prior to Laoghaire-Rathdown County Council is currently the introduction of the levy, but for just 0.22% of preparing a Local Area Plan that will be subject litter arising in 2004. to public consultation and, in due course, adop- I am anxious that the plastic bag regulations tion by the elected Council. are rigorously enforced. From representations I All local authorities have again recently been have received there would appear to be some asked by my Department to produce new assess- anecdotal evidence of slippage in application of ments of needs and to submit the results to the the levy. I recognise the need to ensure that the Department by 31 July 2006. This will afford Du´ n efforts and commitment of the vast majority of Laoghaire-Rathdown County Council an oppor- retailers are not undermined by the non-com- tunity to identify any additional infrastructural pliance of a few. Therefore, my Department has needs in its area as an input to future phases of written to local authorities asking them to carry the Water Services Investment Programme. out inspections of retail outlets with a view to As far as the Greater Dublin Area (including improving current practices in relation to the Meath, Kildare and Wicklow) is concerned, a implementation of the Plastic Bag Levy Regu- range of schemes to increase water supply capa- lations. An enforcement network of local auth- city is being advanced under the Water Services ority officers has been established to monitor and Investment Programme 2005 — 2007. These co-ordinate the enforcement drive. include Kildare Wellfield Development, Leixlip The relevant enforcement officers have exten- Water Treatment Plant Extension, Navan Water sive powers to enter any retail premises, to con- Supply Scheme, Wicklow Town Water Supply duct any searches or investigations considered Scheme and the expansion of the Ballymore Eus- necessary, and to inspect or remove any records, tace Water Treatment Plant. The Ballymore Eus- books and documents for the purposes of any tace scheme will increase capacity by a further 44 proceedings in relation to the levy. million litres per day. A recently completed All complaints received in my Department interim upgrade to the plant has already secured concerning non-compliance are forwarded to the a 22 million litres per day increase. relevant local authority and the Revenue Com- A further allocation of \118.3m has been pro- missioners. The operation of the levy is also sub- vided under the 2005 to 2007 Programme for the ject to the normal Revenue Commissioners audit- rehabilitation of defective and unserviceable ing arrangements. water mains in the Dublin region as part of a national water conservation sub-programme. I Housing Provision. understand that Dublin City Council, acting as lead authority, has appointed consultants to 88. Mr. Cuffe asked the Minister for the Envir- produce contract documents and to oversee the onment, Heritage and Local Government his implementation of the relevant works in the views on reports (details supplied) that major region. In addition, the Programme also includes housing developments in the Greater Dublin area funding to support the identification of new water could face delays of several years due to inad- sources to meet projected demand in the Greater equate water supplies; and if he will comment on Dublin Area up to 2031. the issue. [22574/06] I am satisfied that these projects will ensure adequate water supplies to deal with current and Minister for the Environment, Heritage and future development requirements in the region. Local Government (Mr. Roche): Responsibility for the provision of water supplies to service existing requirements and new development Planning Issues. needs rests with the local authorities. Local auth- 89. Mr. Gormley asked the Minister for the orities are required to undertake regular assess- Environment, Heritage and Local Government ments of their water services capital requirements his views on the lack of consistency between plan- and to inform my Department of the resulting ning authorities on the question of whether solar priorities. My Department funds those schemes panels require planning permission is hindering that are approved under the Water Services uptake of the technology and if he will consider Investment Programme on the basis of infrastruc- issuing planning guidelines setting out the con- tural priorities identified by individual ditions in which the installation of solar panels is authorities. exempt from planning permission. [22580/06] In the case of Du´ n Laoghaire-Rathdown County Council, I have included all such iden- Minister for the Environment, Heritage and tified requirements in the Water Services Invest- Local Government (Mr. Roche): Many domestic 833 Questions— 13 June 2006. Written Answers 834 renewable energy developments, including the materials are a sought after resource which are placing of solar panels to the rear of houses, freely traded under EU and international law. would be exempted development. Section 4(1)(h) This is supported by the Organisation for Econ- of the Planning and Development Act 2000, pro- omic Co-operation and Development (OECD) vides that development consisting of the carrying Decision of C(92)39 Final on the Control of out of works for the maintenance, improvement Transboundary Movements of Wastes Destined or other alteration of any structure is exempted for Recovery Operations which notes that the development if the works affect only the interior recovery of valuable materials and energy from of the structure or do not materially affect the wastes is an integral part of the international external appearance of the structure so as to ren- economic system and that well established der the appearance inconsistent with the charac- markets exist for, and can contribute to, the col- ter of the structure or of neighbouring structures. lection and processing of such materials within I have also asked my Department to review the OECD member countries. exempted development regulations to ensure that While international trade in waste is consistent they support the use of renewable energy for with Government policy insofar as it supports domestic and small business users. improved performance in recycling, the Govern- There has been a very high level of interest in ment also recognises the value of developing the Greener Homes grant aid package for indi- markets for recyclates in Ireland. To this end, a vidual domestic householders which was Market Development Group was established by launched by the Minister for Communications, in 2004 and has been working on the develop- Marine and Natural Resources on 27 March this ment of a National Market Development Prog- year. In the eight week period since the scheme ramme. The implementation of the Programme was launched Sustainable Energy Ireland (SEI) will play an important role in achieving targets has received 500 applications for grant aid for for further progress in the recovery and recycling solar panels. of paper and cardboard as set out in the National Strategy on Biodegradable Waste from the 2004 Recycling Policy. level of just under 46% to 67% by 2016. Sub-com- mittees have been established by the Market 90. Mr. M. Higgins asked the Minister for the Development Group to deal specifically with Environment, Heritage and Local Government market development for both recovered paper the percentage and volume of recycled cardboard waste and for plastics. It is intended to publish the and plastic waste that is shipped from Ireland to National Market Development Programme later China on an annual basis; his plans on whether a this year. closer or indigenous solution to the recycling of My Department has also been working with the these materials would be preferable; the efforts Department of the Environment in Northern he is making to explore this option. [22494/06] Ireland with a view to developing all-island market development strategies. Both Depart- Minister for the Environment, Heritage and ments have co-funded an all-island paper mill Local Government (Mr. Roche): National waste study which has been completed and will be pub- statistics for all waste streams are published at lished shortly. The outcome of this study will three-yearly intervals by the Environmental Pro- inform future policy and make an important con- tection Agency with the most recent National tribution to the knowledge base in relation to the Waste Report being in respect of 2004. As out- consumption and demand of paper products lined in successive National Waste Reports, the within Ireland, as well as the sources, volumes general situation in Ireland is that we are rely sig- and market potential of recovered paper. nificantly on foreign based materials recycling infrastructure, which dealt with 73.8% of recycled Environmental Management. waste in 2004. Europe accounts for almost 92% of all recyclable waste exported from Ireland for 91. Mr. Howlin asked the Minister for the further treatment with the remaining 8% Environment, Heritage and Local Government exported to the Asian continent for reprocessing. the steps he intends to take to halt the decline in In 2004, of the 375,597 tonnes of paper and card- Ireland’s biodiversity by the 2010 target date; and board recovered, 18,358 tonnes, or 4.9%, was if he intends to initiate new approaches to exported to China while 118,358 tonnes, or 31.5% environmental management. [22489/06] , was recycled in Ireland. Of the 55,904 tonnes of plastic recovered in the same year, 7,100 tonnes, Minister for the Environment, Heritage and or 12.7%, was exported to China while 8,718 Local Government (Mr. Roche): My Department tonnes, or 15.6%, was recycled in Ireland. is undertaking an extensive programme of work While there has been recent progress in the aimed at meeting the target of halting the loss of provision of more infrastructure within Ireland to biodiversity by 2010. process materials recovered for recycling, for Ireland’s strategy for conserving and, where example, in the development of new facilities to possible, enhancing our biodiversity is set out in process waste electrical and electronic equip- the National Biodiversity Plan 2002-2006. An ment, it should be noted that clean segregated important feature of the Plan is the shared 835 Questions— 13 June 2006. Written Answers 836

[Mr. Roche.] • funding by my Department of a dedicated responsibility across all sectors, including public awareness programme on biodiversity Government Departments, State Agencies and and its importance to human well-being (a the Local Authorities, for the implementation of tender for the contract is being prepared by Plan. An Inter-Departmental Steering Group is my Department at present and the Biodivers- in place to oversee its implementation and an ity Forum will also have a role in this interim review in 2005 demonstrated significant campaign); progress. • successful promotion by me within the EU At the launch of the Interim Review in Council of Environment Ministers to have the November last, I announced 13 additional initiat- Malahide Message, which was elaborated ives to support the ongoing implementation of under Ireland’s EU Presidency, strongly inte- the National Biodiversity Plan and, of course, grated into the Review of the EC’s Biodivers- Ireland’s efforts to meet the 2010 target. These ity Strategy (the EU has recently issued a 13 initiatives were as follows: Communication and an associated Action • the establishment in my Department of a Plan on meeting the 2010 target, which has dedicated Biodiversity Unit; particular regard to the Malahide Message); • the establishment of a Biodiversity Fund of • conversion to biofuels of the 160-strong fleet \1m, spread over the two year period 2006- of the National Parks and Wildlife Service of 2007. This fund provides grants to capital pro- my Department within a two-year period. jects aimed at conserving and enhancing As outlined above, significant progress is being Ireland’s biodiversity (over 100 applications made in creating a framework to enable us to were received for the 2006 round of grants, meet the 2010 target to halt the loss of with 38 projects already approved for biodiversity. funding); With regard to the initiation of new approaches • the establishment of a Biodiversity Forum, to environmental management, under the EU which has already met and will provide inde- Habitat and Birds Directives my Department has pendent monitoring of implementation of the identified 420 candidate Special Areas of Conser- National Biodiversity Plan and assist in the vation and 128 Special Protection Areas for drafting of future national strategies on Birds, covering some 11.5 % of the landmass of biodiversity; the State. My Department is currently working with landowners and other stakeholders to pre- • the establishment of a Biological Records pare Management Plans for each SAC and SPA Centre, which will be an essential mechanism to protect the integrity of these important sites, and resource for documentation, monitoring based on best practice approaches to environ- and research in the area of Biodiversity; mental management. To date, 34 such Plans have • the completion, by the National Platform on completed the consultation phase and are now Biological Research, of a Biodiversity Know- being implemented. ledge Programme for Ireland (this has now been finalised and published); Water Meters. • the commissioning of specific research on the quantification of the economic and social 92. Mr. Perry asked the Minister for the Envir- benefits of biodiversity to society as a whole onment, Heritage and Local Government if he (a tender for this research is currently being will request local authorities to introduce a single prepared by my Department); charge only for county council installed water meters where landowners have split land hold- • preparation, and a move now to the imple- ings; and if he will make a statement on the mentation phase, of all-island Species Action matter. [22546/06] Plans for the Irish Hare, the Pollan, the Corn- crake and the Irish Lady’s Tresses Orchid, as Minister for the Environment, Heritage and well as of an all-island study on Invasive Local Government (Mr. Roche): In accordance Alien Species; with the EU Water Framework Directive, the • drafting of a Biodiversity Undertaking which national water services pricing policy framework I have asked all Government Departments to provides for the recovery by sanitary authorities publish and implement. The Undertaking of the full cost of providing water services from addresses the proactive and biodiversity- the users of these services, with the exception of friendly management of buildings and lands; households using the services for domestic pur- poses. This policy of cost recovery from the non- • issue of Guidelines by my Department for the domestic sector extends to the provision of met- production of Local Biodiversity Action ers, which are necessary to ensure water charging Plans to all Local Authorities (a follow-up of users according to actual consumption. Seminar on the production of Local Biodiv- Local authorities are at an advanced stage of ersity Action Plans will take place in July); implementing their non domestic metering prog- 837 Questions— 13 June 2006. Written Answers 838 rammes and will have substantially concluded — a newly-defined phosphorus Index 3 for these by end 2006. The metering of non-domestic grassland water supply is also intended to incentivise all — a reduction in the number of stocking-rate non-domestic users, including the farming com- bands for both phosphorus and nitrogen munity, to manage and conserve their use of grassland fertilisation limits, and water. My Department is aware that in some — an increase in the nitrogen limit for grass- situations non-domestic users, including farmers land for the majority of farmers. may need to have a number of separate meters Representatives of my Department, the Depart- installed on their property. Precise charging ment of Agriculture and Food and Teagasc met arrangements in these circumstances would be a with Commission officials on 30 May 2006 to dis- matter for settlement locally between property cuss the proposed amendments. Progress was owners and local authorities. However, in prin- made at this meeting but a number of issues ciple the costs associated with the provision of remain to be clarified. Further information was water supply, including the installation of water recently sent to the Commission to facilitate meters, should be met by the users of the service. further consultations. Subsequent to securing the agreement of the Commission I hope to be in a EU Directives. position to make new Regulations this month. 93. Ms Lynch asked the Minister for the Envir- Ireland has sought the approval of the EU onment, Heritage and Local Government if the Commission for a derogation from 170 kg to 250 most recent proposals submitted to the European kg organic nitrogen per hectare in relation to live- Commission in relation to the EU Nitrates stock manure applied to land. While the objective Directive will allow for an increase in the amount had been to secure agreement of a derogation by of nitrate spread on land here; and way in which mid-2006, consideration of the proposal is at he will ensure that these proposals will not result present in abeyance pending finalisation of the in a decline in water quality. [22495/06] proposals for amendment of the Regulations. The derogation proposal will need to be considered at 122. Mr. Naughten asked the Minister for the future meetings of the EU Nitrates Committee Environment, Heritage and Local Government before approval can be obtained. the status of the Nitrates Directive; and if he will make a statement on the matter. [22314/06] Housing Grants.

125. Mr. Naughten asked the Minister for the 94. Mr. Bruton asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if when he intends to enforce the Nitrates Directive; he will increase the maximum grant for the dis- the status of the derogation; and if he will make abled persons grant; and if he will make a state- a statement on the matter. [22315/06] ment on the matter. [22509/06]

Minister for the Environment, Heritage and Minister of State at the Department of the Local Government (Mr. Roche): I propose to Environment, Heritage and Local Government take Questions Nos. 93, 122 and 125 together. (Mr. N. Ahern): Following the outcome of the Ireland’s national Nitrates Action Programme review of the implementation of the disabled per- has been given statutory effect by the European sons and essential repairs grant schemes, pro- Communities (Good Agricultural Practice for posals for the future operation of the schemes are Protection of Waters) Regulations 2005 which being prepared in my Department. I hope to be came in to effect generally on 1 February 2006. in a position to announce these shortly. Some aspects of the Regulations are at present under review on the basis of scientific advice Greenhouse Gas Emissions. received subsequent to the making of the Regu- 95. Ms Burton asked the Minister for the lations. Proposals for amending Regulations were Environment, Heritage and Local Government sent to the EU Commission on 18 May 2006. The the reason the transport sector was not included proposals include a number of new measures to in the carbon emissions scheme since emissions in address issues identified in certain areas, while this sector have risen considerably since 1990; and ensuring that the overriding need for adequate if he will make a statement on the matter. protection of water quality will not be under- [22473/06] mined. The proposed new measures include: — a transition period to benefit pig, poultry Minister for the Environment, Heritage and and mushroom producers Local Government (Mr. Roche): The transport sector is not included in the EU Emissions Trad- — the introduction of a transition period for ing Scheme as it is not one of the activities REPS farmers included in the scope of the Emissions Trading — changes to the nitrogen Index system for till- Directive. While it is possible for Member States age crops to voluntarily include additional gases or categor- 839 Questions— 13 June 2006. Written Answers 840

[Mr. Roche.] close as possible to the existing and forthcoming ies of activities in the scope of the Scheme, this is rapid transport systems. constrained in practice by considerations such as The Regional Planning Guidelines (RPGs) for the feasibility of emissions reporting, monitoring the Greater Dublin Area 2004-2016 were pre- and verification given the number and size of pared and adopted jointly by the Dublin and Mid- emitters and the technical feasibility to reduce East Regional Authorities, and are in the second emissions. year of their 12-year life-span. These RPGs The Government is addressing emissions from articulate the NSS vision for the Greater Dublin the transport sector through a variety of measures Area, and relevant city and county development outside the emissions trading scheme, including a plans translate the vision further to local level. \205m excise relief scheme for biofuels, reduced The NSS is a robust framework and continues VRT for hybrid cars and flexible fuel vehicles and to be appropriate and applicable. When initial provision of fuel economy labelling to influence results from the 2006 Census are released later consumer choice in vehicle purchasing decisions. this year, it is intended to consider the population In addition to these measures, significant invest- trends in the context of their possible implications ment has been provided for public transport for the Regional Planning Guidelines, both in the under the current National Development Plan Greater Dublin Area and throughout the and will continue to be provided in the context of country. Transport 21. Further measures to reduce emis- sions from the transport sector are being con- Social and Affordable Housing. sidered in the context of the review of the 97. Mr. Ring asked the Minister for the Envir- National Climate Change Strategy. onment, Heritage and Local Government if he will initiate a new national design competition for National Spatial Strategy. the building industry for highly energy efficient 96. Mr. Hayes asked the Minister for the affordable and social housing; and if he will make Environment, Heritage and Local Government if, a statement on the matter. [22536/06] in view of the continuing expansion of the growth in the Dublin region, he will review the national Minister of State at the Department of the spatial strategy; and if he will make a statement Environment, Heritage and Local Government on the matter. [22547/06] (Mr. N. Ahern): My Department considers that the design, construction and layout of new social Minister for the Environment, Heritage and and affordable housing is of a very high standard Local Government (Mr. Roche): The National and that a high level of energy efficiency is being Spatial Strategy (NSS) is a 20-year strategic plan- achieved in these projects. A number of housing ning framework which was published in developments which use innovative energy November 2002 and aims at achieving more efficiency and environmentally friendly balanced regional development throughout the technologies have already been undertaken by country. Dublin plays a key role in the ongoing local authorities and any further proposal of this implementation of the National Spatial Strategy. nature will be examined by my Department from the point of view of their efficacy and value for The Strategy calls for a more balanced spread money/cost benefit considerations. Innovative of economic activity in Ireland, but recognises approaches of this nature are supported by my that we must support and enhance the competi- Department in cooperation with Sustainable tiveness of the Greater Dublin Area so that it Energy Ireland. continues to perform at the international and A new Housing Policy Framework: Building national level as a driver of national develop- Sustainable Communities which outlines key ment. The NSS also accepts that it is not sus- principles underpinning housing policy and tainable that Dublin should continue to sprawl investment over the coming years was launched outwards into counties on its periphery and last December which highlights the commitment beyond. Longer commuting times are socially of this Government to continuing improvements detrimental and physical infrastructure con- in the quality of housing and neighbourhoods. A straints may jeopardise competitiveness. To further policy statement will be published this address this, it is necessary to consolidate the year which will set out more detailed approaches physical growth of the Dublin metropolitan area, to this issue. the city and suburbs, while at the same time con- centrating development in the hinterland into Question No. 98 answered with Question strategically placed, strong and dynamic urban No. 82. centres. The substantial investment in transport that was announced by Government in Transport 21 Species Action Plans. is in accordance with the general principles of 99. Mr. Howlin asked the Minister for the NSS and it is envisaged that future residential and Environment, Heritage and Local Government commercial developments will be concentrated as the steps he intends to take to curb the popu- 841 Questions— 13 June 2006. Written Answers 842 lation of the grey squirrel, which is a threat to the legislation that would reduce the levels of retro- native smaller red squirrel and to many song- spective planning permissions. [22581/06] birds; and his views on initiating a contraceptive programme for the grey squirrel as has been done Minister for the Environment, Heritage and in other countries. [22488/06] Local Government (Mr. Roche): A Reasoned Opinion was received from the European Com- Minister for the Environment, Heritage and mission on 5 January 2005 regarding planning Local Government (Mr. Roche): My Depart- enforcement procedures in relation to unauthor- ment’s National Parks and Wildlife Service, and ised developments for which Environmental the Environment and Heritage Service, Northern Impact Assessments (EIA) are required. A for- Ireland are currently preparing an All Ireland mal response issued to the Commission on 8 Species Action Plan for the protection of the Red March 2005. On 12 May the European Court of Squirrel, similar to those already published for a Justice advised the Government of the initiation number of other species. of legal proceedings by the Commission. A Letter The primary issue for the plan to address is of Formal Notice was received from the Euro- competition with the grey squirrel and all appro- pean Commission on 4 May 2006 in relation to priate measures will be considered, including Ireland’s implementation of the EC Directive management of forests to favour red over grey 85/337EEC. squirrels. It is planned to engage in public consul- As I have already informed the House, I have tations on the draft, as in the case of previous had useful and informal discussions with Envir- Species Action Plans, prior to final publication onment Commissioner Dimas. These discussions later this year. The new Species Action Plan will covered a wide range of issues including that of involve a number of actions on grey squirrel retrospective planning permissions and com- control. pliance with EC Directive 85/337EEC generally. The Forest Service of the Department of Agri- It would not be appropriate to disclose details of culture and Food are also currently funding a pro- these informal discussions, which were without ject titled “Securing Ireland’s Broadleaf Forests prejudice to any legal proceedings between and Conservation of Native Red Squirrels Ireland and the European Commission. through integrated Management of Grey Squir- rels”. One of the primary objectives of this pro- Question No. 101 answered with Question ject is the control of the alien grey squirrel popu- No. 78. lation, which, inter alia, is causing damage to forestry. The project is looking at 11 woodlands Vacant Dwellings. in which various methods of control are being 102. Mr. Crowe asked the Minister for the tested. Environment, Heritage and Local Government Regarding a programme of contraceptive con- the average number of vacant dwellings in the trol, research carried out in Britain on the use of State in each of the past ten years. [22476/06] contraceptive bait on grey squirrels has showed inconclusive results. Laboratory trials initially Minister of State at the Department of the proved promising with an immune response Environment, Heritage and Local Government created in treated females. Studies progressed to (Mr. N. Ahern): My Department does not have a enclosures large enough for squirrels to conduct detailed breakdown of housing stock by type of their normal mating behaviour and the first trial purchaser or by nature of occupancy. Information showed a significant reduction in pregnancy rates collected as part of the Census of Population can among treated grey squirrels. Two further enclos- provide some data on vacant dwellings. However, ure trials and a subsequent field trial in the wild, as there may be a number of reasons why a dwell- however, failed to produce a response that was ing is vacant at any point in time, such as house- powerful or long-lasting enough to validate the holds’ absence on the night of the Census or results. Accordingly the present state of know- rented dwellings between lettings, it is not pos- ledge would not support the establishment here sible to provide an estimate of the average of such a programme. However we are continuing numbers of vacant dwellings over the past ten to monitor research closely on this and other con- years. trol technologies. Environmental Policy. Planning Issues. 103. Ms McManus asked the Minister for the 100. Mr. Gormley asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the amount of funding which was allocated to the the details of his recent discussions (details grant schemes and agencies of the environmental supplied) with Environment Commissioner, Mr. partnership fund, environmental non-govern- Stavros Dimas on the issue of high levels of retro- mental organisations, Comhar, ENFO and local spective planning permissions and Ireland’s com- authorities to support environmental information pliance with the Environmental Impact Assess- and awareness raising in 2004 and in 2005. ments Directive; and his plans to introduce [22487/06] 843 Questions— 13 June 2006. Written Answers 844

Minister for the Environment, Heritage and funding of the Department’s major waste aware- Local Government (Mr. Roche): The information ness campaign Race Against Waste which requested by the Deputy is set out in the follow- amounted to \3.5 million per annum in 2004 and ing schedule. This expenditure is additional to the 2005.

Environmental Information and Awareness Funding

Scheme/Organisation Description Payments 2004 Payments 2005

\\ Local Agenda 21 Environmental Local environment awareness projects 300,000 250,000 Partnership Fund paid via local authorities. Environmental (Ecological) NGOs Core funding and travel. 253,946 235,832 Core Funding Limited Comhar- the National Sustainable Administrative expenses excluding 168,017 95,321 Development Partnership salaries. ENFO Administrative expenses excluding 788,000 882,000 salaries. Anti-Litter Grants Anti-litter awareness and education 720,000 500,000 grants paid via local authorities. Support grants to smaller awareness Grants to support small scale projects, 218,683 74,375 initiatives including Green initiatives and environmental Schools conferences.

members of the Working Group disagreed with Dog Breeding Industry. the main recommendations and submitted three separate minority reports. 104. Mr. Allen asked the Minister for the On 30 May, I announced my intention to pro- Environment, Heritage and Local Government ceed with implementation of the majority recom- the progress made to date by his Department in mendations of the Working Group. This decision implementing the recommendations of the work- followed the conclusion of an extensive public ing group to review the management of dog consultation process on the matter which showed breeding establishments; and if he will make a that, while there is some opposition to the statement on the matter. [22513/06] majority recommendations, there is general sup- port for regulation in this area. The majority 114. Mr. Connaughton asked the Minister for recommendations are contained in the Working the Environment, Heritage and Local Govern- Group’s Report, copies of which are available in ment his proposals in relation to the new stan- the Oireachtas Library. dards he will introduce to enforce standards for My Department will now, in consultation with the dog breeding industry; and if he will make a the Department of Agriculture and Food, statement on the matter. [22524/06] develop the new system as quickly as possible. This process will include the development of stan- 141. Mr. M. Higgins asked the Minister for the dards for relevant dog breeding establishments Environment, Heritage and Local Government and the drafting of new Regulations under the the recommendations of the Working Group on Control of Dogs Acts 1986 and 1992. It is not pos- the Review of the Management of Dog Breeding sible at this stage in the process to indicate the Establishments which he intends to implement; likely date of the coming into force of the new and the timeframe in relation to the implemen- Regulations. tation of the various recommendations. [22493/06] Departmental Schemes. Minister for the Environment, Heritage and 105. Mr. English asked the Minister for the Local Government (Mr. Roche): I propose to Environment, Heritage and Local Government take Questions Nos. 104, 114 and 141 together. the progress to date of the rental accommodation The report of the Working Group which was scheme; if he has received representations from established to review the management of dog local authorities to increase the maximum rent breeding establishments was submitted to me on offered in areas where rents have risen signifi- 7 September 2005. The report contained a cantly; if he will grant such increases; and if he number of recommendations including recom- will make a statement on the matter. [22544/06] mendations in relation to the introduction of sta- tutorily enforceable standards for the dog breed- 154. Mr. Stanton asked the Minister for the ing industry in Ireland and proposed the Environment, Heritage and Local Government introduction of a registration system for dog the number of people who have been housed to breeding establishments. However, three of the date under the rental accommodation scheme in 845 Questions— 13 June 2006. Written Answers 846 the years 2005 and to date in 2006; the amount indications from some local authorities are that expended in the scheme to date; and if he will there can be difficulties, at times, in finding good make a statement on the matter. [22469/06] quality alternative accommodation, within rent supplement limits for single persons and couples Minister of State at the Department of the without children. Environment, Heritage and Local Government Changes to rent supplement levels are a matter (Mr. N. Ahern): I propose to take Questions Nos. for the Minister for Social and Family Affairs 105 and 154 together. who recently indicated that he will be reviewing Under the Rental Accommodation Scheme the current levels of rent limits later this year in (RAS), local authorities are providing accom- order to determine what limits should apply from modation for certain recipients of SWA rent sup- January 2007 onwards. I understand that the plement who have been assessed as having a long- review will take account of prevailing rent levels term housing need. The RAS is an additional in private rented sector generally, together with housing option and eligible persons can indicate detailed input from Health Service Executive on their preference to be accommodated by local the market situation within each of its operational authorities under the RAS or social housing, or areas. The review will also include consultation to be considered under both. with my Department and voluntary agencies The initial project to transfer rent supplement working in local areas which will also assist the recipients of 18 months or more continuous dur- transfer of existing rent supplement recipients to ation is due to be completed by the end of 2008. RAS. The Minister has indicated that he intends The implementation of the RAS is a collaborative that the new rent limits will reflect realistic project between my Department, local auth- market conditions throughout the country and orities, the Department of Social and Family that they will continue to enable different categ- Affairs and the Community Welfare Service of ories of eligible tenant households secure and the Health Service Executive. retain suitable rental accommodation to meet Roll out commenced in an initial group of lead their respective needs. authorities, namely Dublin, Galway and Limerick Implementation of the scheme will accelerate City Councils, South Dublin, Donegal, Offaly, as local authorities procure new accommodation Westmeath County Councils and Drogheda Bor- through the development of new public private ough Council. In addition, the Cork County auth- partnership (PPP) arrangements and through orities Clare, North and South Tipperary, Fingal, partnering arrangements with the Voluntary and Du´ n Laoghaire Rathdown, Galway, Louth, Laois, Co-operative Housing sector. Longford Kilkenny, Meath Monaghan, Wexford, Wicklow, Leitrim County Councils and Water- Noise Pollution. ford and Cork City Councils are also now imple- 106. Mr. Crawford asked the Minister for the menting RAS. These authorities collectively Environment, Heritage and Local Government if cover 84% of the transferable cases. All local he will make a statement on the way in which he authorities are due to commence work on the is tackling noise pollution. [22570/06] RAS by mid-year. The total cost of the scheme to date is \1.84m Minister for the Environment, Heritage and of which \947,000 has been spent in the current Local Government (Mr. Roche): A number of year. \19 million has been provided to support legislative measures are in place to address the the implementation of the scheme in 2006. At end issue of noise pollution. I recently signed into law March 2006, 60,522 households were in receipt of the Environmental Noise Regulations 2006, rent supplement, with 33,000 for 18 months or which give effect to EU Directive 2002/49/EC more. The progress in meeting the long term relating to the assessment and management of housing needs of rent supplement recipients environmental noise. Environmental noise is under the RAS is evident in the stabilisation of defined in the Regulations as unwanted or harm- the RAS target group numbers since September ful outdoor sound created by human activities, 2005, notwithstanding an upward trend in the including noise emitted by means of transport, overall number of rent supplement recipients road traffic, rail traffic, air traffic, and from sites over the same period. Over 1,200 cases have been of industrial activity. transferred to RAS since the initial transfers in The Regulations require the preparation of September 2005. A further 770 households which strategic noise maps for areas and infrastructure were recipients of Rent Supplement have been falling within defined criteria, e.g. large agglomer- provided with local authority housing. The aim is ations, and major roads, railways and airports. to have 5,000 cases transferred to the RAS by the Based on the results of the mapping process, the end of the year. Regulations require the preparation of noise A further 6,000 prospective RAS households action plans for each area concerned. The funda- have had their cases reviewed. Work is ongoing mental objective of action plans is the prevention on interviewing tenants, the inspection of proper- and reduction of environmental noise. ties and meeting and negotiating with accom- Other legislative provisions are already in place modation providers. In relation to rent feedback, to address noise nuisance. Section 107 of the 847 Questions— 13 June 2006. Written Answers 848

[Mr. Roche.] ning authority basis; and if he will make a state- Environmental Protection Agency Act 1992 pro- ment on the matter. [22519/06] vides local authorities with powers to require measures to be taken to prevent or limit noise. Minister for the Environment, Heritage and These powers are generally exercised in Local Government (Mr. Roche): The responses preventing and limiting noise from commercial received to date in relation to circular letter and industrial premises within their functional PD1/06 are being collated by my Department and areas. will be forwarded to the Deputy as soon as Under the Environmental Protection Agency possible. Act 1992 (Noise) Regulations 1994, a local auth- ority or any person may seek an order in the Dis- Social and Affordable Housing. trict Court to have noise giving reasonable cause 109. Mr. Rabbitte asked the Minister for the for annoyance abated. The procedures involved Environment, Heritage and Local Government have been simplified to allow action to be taken the number of social and affordable houses short without legal representation. A public infor- of the national development plan targets the mation leaflet outlining the legal options avail- country will be by the end of 2006, not withstand- able to persons experiencing noise nuisance is ing the recent announcement of extra money allo- available from my Department and on the cated for housing purposes in June 2006; and if he Department’s website, www.environ.ie. will make a statement on the matter. [22499/06]

Question No. 107 answered with Question Minister of State at the Department of the No. 80. Environment, Heritage and Local Government (Mr. N. Ahern): The recent announcement of resources for the Local Authority housing con- Estate Management. struction programme in 2006 brings projects 108. Mr. McGinley asked the Minister for the cumulative expenditure on this programme sub- Environment, Heritage and Local Government stantially ahead of NDP target. Expenditure the response of each planning authority to circu- under the Voluntary Housing and Affordable lar letter PD 1/06 regarding their policy in Housing Schemes will also be substantially on tar- relation to taking in charge of estates on a plan- get, as the following table indicates:

Expected expenditure 2000 Target to end 2006 Outturn as % of Targets to end 2006

\000 \000

Local Authority Housing 5,031,115 4,759,393 106 Voluntary Housing 1,350,563 1,370,637 99 Affordable Housing 1,668,817 1,782,012 94

Expected output 2000 to end Target to end 2006 Output as % of Targets 2006

Local Authority Housing 31,700 40,100 79 Voluntary Housing 9,800 15,500 60 Affordable Housing 17,300* 14,000 124 *Includes Part V and A.H.I., which have come on stream since NDP.

Largely due to construction inflation, output is in for their social and affordable housing prog- some respects behind NDP forecasts, but we have rammes covering the period to 2008. These incor- put in place measures to ensure that the porate the relevant targets for units delivered additional resources now available for housing through Part V arrangements. The preparation of achieve best value for money, optimum output these plans has improved the identification of and deliver programmes in a way that builds sus- priority needs and will help to ensure a more tainable communities. coherent and co-ordinated response across all The Government have put in place a number housing services. A mid-term review of plans, of new arrangements to facilitate the delivery of which will allow for adjustments to be made in strong programmes of social and affordable hous- light of actual performance is underway at ing. Since 2000, a total of some 72,000 households present. have been assisted under the various social and affordable housing programmes. During 2005, the Government brought forward In consultation with my Department, local new initiatives to specifically address issues raised authorities have developed five-year action plans in the NESC report. In June, we launched the 849 Questions— 13 June 2006. Written Answers 850

Affordable Homes Partnership to co-ordinate 121. Mr. Sargent asked the Minister for the and accelerate the delivery of affordable housing Environment, Heritage and Local Government in the Greater Dublin Area. In December 2005, the measures taken to ensure that local auth- the Government launched a new Housing Policy orities have access to other State databases for Framework: Building Sustainable Communities the purpose of increasing the accuracy of the elec- which outlines key principles underpinning hous- toral register; the databases which have been ing policy and investment over coming years. identified as relevant; the Government Depart- As a result of extra capital provision in Budget ments or State agencies which have been 2006, substantial increased investment in social approached; and if any have agreed to date to and affordable housing is outlined in the frame- make their databases available. [22585/06] work. This will allow for some 23,000 new social homes to be commenced between 2006 and 2008; 126. Mr. Sargent asked the Minister for the and some 15,000 affordable homes to be deliv- Environment, Heritage and Local Government if ered. The Rental Accommodation Scheme is his Department has estimated the additional cost being implemented as a new choice for individ- associated with providing a more accurate 2007 uals in long-term need of accommodation sup- electoral register. [22584/06] port. In total, some 50,000 households will benefit over the coming three years from an Exchequer 433. Mr. O’Dowd asked the Minister for the capital investment package of close to \4 billion. Environment, Heritage and Local Government This is evidence of the Government’s continuing the communication which has taken place commitment to the delivery of social and afford- between himself and local authorities in relation able housing. to the crisis in respect of the electoral register; the steps that are proposed to deal with this prob- Question No. 110 answered with Question lem; the funding which has been committed by No. 61. his Department to deal with the crisis; and if he will make a statement on the matter. [22680/06] Departmental Circulars. Minister for the Environment, Heritage and 111. Mr. McCormack asked the Minister for Local Government (Mr. Roche): I propose to the Environment, Heritage and Local Govern- take Questions Nos. 112, 113, 121, 126 and 433 ment if, in view of the fact that his Department together. circulars are not readily available on his Depart- In law, the preparation of the Register of Elec- ment’s website and that there is no central hold- tors is a matter for each local registration auth- ing space for all circulars issued by his Depart- ority. It is their duty to ensure, as far as possible ment, he will make available on his Department’s and with the co-operation of the public, the accu- website full details of all circular letters issued by racy and comprehensiveness of the Register. his Department; and if he will make a statement I recently announced a package of measures, on the matter. [22527/06] to be implemented over the coming months, aimed at assisting registration authorities improve Minister for the Environment, Heritage and the Register. The measures include the use of Local Government (Mr. Roche): My Department Census enumerators or other temporary person- will give further consideration to the value of pro- nel to support local authorities in preparing the viding general access to circular letters on the next Register. Related to this, I am prepared to our website. make increased, ring fenced financial resources available to local authorities this year to update Register of Electors. the Register; the details involved are being exam- ined at present. An early start will be made to the 112. Ms B. Moynihan-Cronin asked the Mini- local authority Register campaign for 2007/8 and ster for the Environment, Heritage and Local there will also be an intensive information Government the way in which he intends to campaign. ensure that legitimate voters are not deleted off My Department has issued updated and con- the electoral register under the Government’s solidated Guidance to ensure that all local auth- plan to update the register in autumn 2006; and orities work to the same template. The Guidance if he will make a statement on the matter. advises local authorities to liaise with other rel- [22497/06] evant statutory authorities and utilities who deal regularly with households to explore oppor- 113. Ms B. Moynihan-Cronin asked the Mini- tunities for assistance in compiling the Register, ster for the Environment, Heritage and Local and to make maximum use of databases available Government if he intends to establish an updat- to authorities to crosscheck the Register. ing and maintenance system for the electoral New IT based arrangements to delete deceased register in order that the level of inaccuracies is persons from the Register have also been put in not allowed to happen again; and if he will make place. My Department is now working with a a statement on the matter. [22498/06] group of local authority managers and senior 851 Questions— 13 June 2006. Written Answers 852

[Mr. Roche.] such strategic action plans in response to the call officials to put in place an enhanced programme by the European Commission in May 2006 to do for improving the next Register. This would so. [22492/06] include ensuring that each household is visited and provided with forms and information at least Minister for the Environment, Heritage and twice, if necessary. In the event that this process Local Government (Mr. Roche): Last year, four does not satisfactorily register the household, it is all-island Species Action Plans were published proposed that written notification would then be jointly by my Department and by the Envir- given cautioning of the danger of being omitted onment and Heritage Service in Northern from the Register. Ireland, covering the Corncrake, the Irish Lady’s I consider that there should be a broad political Tresses Orchid, the Pollan (a freshwater fish of consensus on these issues. For this reason, I the herring family) and the Irish Hare. Earlier recently met the Joint Oireachtas Committee on work had led to an action plan for the Natterjack Environment and Local Government and had a Toad, which is not found in Northern Ireland. detailed discussion regarding the Register. I will A further series of species action plans is being continue to keep issues relating to the Register, prepared, also involving north/south co-oper- including longer-term options in this regard, ation. These cover the otter (for which Ireland is under close review. one of the most important European strongholds), bat species, the Killarney Fern, the Question No. 114 answered with Question Freshwater Pearl Mussel and the Red Squirrel. No. 104. Based on successful work in preserving the last indigenous Irish Grey Partridge population at Greenhouse Gas Emissions. Boora, Co. Offaly, viable population has now been stabilised at Boora and the next stage is to 115. Mr. Broughan asked the Minister for the provide conditions for it to expand. A substantial Environment, Heritage and Local Government if additional area of land has been acquired by my his Department has drawn up proposals to tax Department from Bord Na Mona to be cars on their greenhouse gas emissions as developed as suitable grey partridge breeding and opposed to their engine size; and when he expects feeding grounds. to be in a position to bring such proposals to the My Department is funding a five-year contract Houses of the Oireachtas. [22505/06] for the development and expansion of the project and one of the outputs will be a species action Minister for the Environment, Heritage and plan for the Grey Partridge. This programme is Local Government (Mr. Roche): I have indicated being well supported by the local community, and that I am considering revising the motor taxation a number of local farmers are carrying out par- regime for cars to align it more closely with CO2 tridge-friendly farming. A number of satellite emissions from the vehicle rather than engine projects will also be developed, including one to size. Work on this proposal is continuing in my assist in re-introducing the grey partridge to Department. Northern Ireland. I intend that the process of Vehicle Registration Tax, which falls under the drawing up species action plans will continue as remit of my colleague, the Minister for Finance, required. is also levied on the basis of car engine size. While the VRT regime already favours vehicles with Flood Defence Works. lower carbon dioxide emissions through a 50% relief for hybrid electric cars and flexible fuel 118. Mr. Boyle asked the Minister for the vehicles, my Department is working with the Environment, Heritage and Local Government if Department of Finance and the Department of his Department will provide guidance to local Transport on the feasibility of levying VRT on authorities in drawing up policies on developer the basis of CO2 emissions. Decisions in relation contributions to flood defence works to meet to any proposal to revise VRT and other trans- their obligations under the draft of guidelines for port-related taxes would have to be finalised in a planning authorities on development plans; and if budgetary context. he will comment on the matter. [22577/06]

Minister for the Environment, Heritage and Question No. 116 answered with Question Local Government (Mr. Roche): My Department No. 76. published Public Consultation Draft Develop- ment Plan Guidelines for Planning Authorities on Species Action Plans. 27 April this year. Comments and submissions on 117. Dr. Upton asked the Minister for the the Draft Guidelines are invited by 21 July next, Environment, Heritage and Local Government with the intention of finalising the Guidelines in the number of strategic action plans which are the Autumn. currently in place here to deal with the specifi- The Draft Guidelines suggest, inter alia, that cally threatened species; and the initiatives which development plans should include policies relat- have been put in place to draw up and implement ing to requirements on developers to support the 853 Questions— 13 June 2006. Written Answers 854 funding of flood defences needed for particular Emergency Planning. developments, either partially or fully, depending 120. Mr. Stagg asked the Minister for the on the circumstances. Under sub-section 4(b) of Environment, Heritage and Local Government if section 34 of the Planning and Development Act he intends to circulate to all households here, the 2000, a planning authority may attach conditions updated information leaflet on national planning to a decision to grant permission for a develop- for nuclear emergencies. [22444/06] ment, requiring the carrying out of works which the planning authority considers necessary for the 146. Mr. Costello asked the Minister for the purposes of the development authorised by the Environment, Heritage and Local Government permission. However, as the Guidelines are cur- the steps the Government has taken to prepare rently in draft form for public consultation pur- for the real threat of a nuclear disaster at Sella- poses, it would not be appropriate at this time for field; the role the army has in the Government’s my Department to provide normative guidance to plan; the number of times the national emergency local authorities on this matter. committee has met in each of the past five years when the national emergency plan was drawn up; Waste Management. when it was last updated; and if he will make a statement on the matter. [17198/06] 119. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if 147. Mr. Costello asked the Minister for the he will increase the role of Repak in the collec- Environment, Heritage and Local Government tion of waste packaging; and if he will make a the steps the Government has taken to prepare statement on the matter. [22534/06] for the real threat of a nuclear disaster at Sella- field; the role the Army has in the Government’s Minister for the Environment, Heritage and plan; how often the national emergency commit- Local Government (Mr. Roche): Ireland has tee has met in each of the past five years; when enjoyed considerable success in recent years in the national emergency plan was drawn up; when meeting targets for the recovery and recycling of it was last updated; and if he will make a state- packaging waste. There has been a rapid ment on the matter. [17434/06] improvement in our performance in recycling this waste stream: the recycling rate rose from 15% in Minister for the Environment, Heritage and 1998 to 56.4% in 2004 with Ireland exceeding the Local Government (Mr. Roche): I propose to EU target of 50% set for 2005. take Questions Nos. 120, 146 and 147 together. Repak Limited was established by Irish indus- The Irish Government has in place the try in 1997 to promote, co-ordinate and finance National Emergency Plan for Nuclear Accidents. the collection and recovery of packaging waste The Plan was first drawn up and published in with a view to achieving Ireland’s packaging 1992 and the most recent revision took place in waste recovery and recycling targets under the December 2005. This Plan is designed to provide Packaging Waste Directive and is the sole the framework for the response to a major emer- approved compliance scheme for the recovery of gency at a nuclear installation in the UK or else- packaging waste in Ireland. Repak membership where if there is a risk that radioactive contami- income is used to subsidise the collection of pack- nation could reach Ireland. It conforms to the aging waste from both the household and com- best international standards and practice as estab- mercial sectors. In the household sector, subsidy lished by the International Atomic Energy is provided towards the collection of packaging Agency and is continuously reviewed and waste from bring banks and civic amenity updated in the light of technological, scientific recycling centres, as well as segregated kerbside and medical advances, although the core mess- ages remain the same. collection of packaging waste from households. A major exercise of the Plan takes place every Waste collection or recovery services are pro- few years in order to test its effectiveness and to vided by local authorities or by private waste enhance emergency preparedness. The most operators rather than by Repak. recent exercise, in 2005, called “INEX-3”, was Repak is currently developing a six-year carried out under the guidance of the OECD’s strategy to cover the period 2006 to 2011 when Nuclear Energy Agency. The particular exercise new EU targets will have to be met, including was mainly concerned with the testing of decision challenging materials based targets. This strategy making in relation to agricultural coun- is being developed under the auspices of a termeasures and food restrictions following a National Strategy Group on Packaging Waste simulated nuclear accident in the UK. A report Recycling made up of the relevant public and on this exercise will be published in due course. private sector stakeholders which was established In addition to these major tests, aspects of the in 2004. The Strategy will develop a range of Plan are tested on a more frequent basis. For initiatives with the objective of further improving example, communications with the European national performance on the prevention, recovery Commission notification centre are tested daily. and recycling of this important waste stream. Given the continuous review, updating and reg- 855 Questions— 13 June 2006. Written Answers 856

[Mr. Roche.] The Blue Flag scheme is an initiative of the ular testing of the Plan, and the international Foundation for Environmental Education (FEE), assistance that would be available under the an international non-governmental organisation, International Convention on Assistance in the and is administered by environmental non- Case of a Nuclear Accident or Radiological governmental organisations in each of the partici- Emergency, I am satisfied that the Plan is robust pating countries. In Ireland the scheme is admin- and that the country is ready to respond effec- istered by An Taisce, with financial support from tively to any nuclear accident or emergency. my Department. The criteria for the award of The Emergency Response Co-ordination Com- Blue Flags are determined by FEE and relate to mittee met twice in 2001, once in 2002 and there water quality, facilities for visitors and beach was no meeting in 2003. It met three times in management e.g. litter control, environmental 2004, six times in 2005 and so far in 2006 has met information and display facilities. twice. The Department of Defence and the Defence Forces are represented on the Emer- Departmental Schemes. gency Response Co-ordination Committee under 124. Mr. Quinn asked the Minister for the the National Emergency Plan for Nuclear Acci- Environment, Heritage and Local Government if dents. The principal roles of the Defence Forces the Government intends to replace rent sup- under the Plan include the collection of sea water plement with housing benefit in view of the samples by the Naval Service, the provision of Comptroller and Auditor General expressing aircraft for such aerial surveys as may be concern regarding the rise in the cost of rent sup- required, the monitoring of radiation levels by plement and the assertion of the report that there the Reserve Defence Forces, and such other was little incentive in the scheme to keep rents assistance as may be required in the implemen- low. [22484/06] tation of countermeasures. During May of 2006, my Department printed a Minister of State at the Department of the revised Information Leaflet entitled Safeguarding Environment, Heritage and Local Government Ireland from Nuclear Accidents. This was widely (Mr. N. Ahern): It is not proposed to introduce a distributed to libraries and Citizen’s Information general housing benefit scheme. The Rental Centres, as well as to the Departments rep- Accommodation Scheme (RAS) which com- resented on the Emergency Response Co-ordi- menced operation in 2005 is designed to provide nation Committee. This Leaflet is also available housing assistance through supply driven mech- on the websites of both my Department and the anisms as part of a flexible and graduated system Radiological Protection Institute of Ireland. The of housing supports for those in need of housing. question of wider distribution of the Leaflet The costs of rent supplement is a matter for the directly to individual households is an issue that Minister for Family and Social Affairs and I is being considered under a communications understand that report of the Comptroller and strategy currently being developed under the aus- Auditor General on rent supplement is due to be pices of the Task Force on Emergency Planning considered by the Public Accounts Committee and the Office of Emergency Planning to ensure in July. the public is informed to best effect in relation to emergency planning matters in general. Question No. 125 answered with Question No. 93. Question No. 121 answered with Question No. 112. Question No. 126 answered with Question No. 112. Question No. 122 answered with Question No. 93. Illegal Quarries.

Blue Flag Beaches. 127. Ms Shortall asked the Minister for the Environment, Heritage and Local Government if 123. Mr. Timmins asked the Minister for the he intends to issue guidelines for or direction to Environment, Heritage and Local Government local authorities to deal with illegal quarries. the progress to date in the allocation of blue flag [22503/06] for beaches here; and if he will make a statement on the matter. [22560/06] Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department Minister for the Environment, Heritage and does not have information on the number of Local Government (Mr. Roche): For 2006, unauthorised quarries or on actions taken by Ireland has been awarded 81 Blue Flags for bath- planning authorities under Part 8 of the Planning ing areas and 3 for marinas. This total of 84 Blue and Development Act 2000. Flags represents an increase of 2 over last year, In April 2004 my Department issued Guide- and is the highest number of Blue Flags ever lines on Quarrying and Ancillary Activities under awarded for Ireland. section 28 of the Planning and Development Act 857 Questions— 13 June 2006. Written Answers 858

2000, which requires both planning authorities visions are consistent with the approach pro- and An Bord Pleana´la to have regard to them in moted through Local Agenda 21. the performance of their functions. The publi- cation of these Guidelines took place at the same Greenhouse Gas Emissions. time as the commencement of Section 261 of the Planning and Development Act 2000, which 132. Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if introduced a once-off system of registration for he will make a statement on the need to reduce all quarries, except those for which planning per- CO2 emissions from domestic and non domestic mission was granted in the last 5 years. The enact- buildings; and if he will increase with immediate ment of section 261 will enable planning auth- effect the standards for energy performance of orities to better regulate the operation of quarries new buildings. [22540/06] in their area both by providing them with com- prehensive information on such quarries and Minister for the Environment, Heritage and increasing their powers of control over quarry- Local Government (Mr. Roche): Direct green- ing operations. house gas emissions (excluding electricity I would also add that, aside from the regis- consumption) from domestic and non-domestic tration system introduced by section 261, quarries buildings accounted for almost 15% of total are, of course, subject to the normal provisions greenhouse gas emissions in 2004, down from regarding planning permission. As is stated in the over 17% in 1990. Over this period, emissions Guidelines referred to above, a planning auth- from the residential sector fell by 3.5%, despite ority which becomes aware of an operating an increase of over 40% in housing stock. This quarry which is unauthorised development, reduction is primarily attributable to the shift through the registration process or otherwise, from coal and peat to oil and natural gas. In the must consider taking enforcement action in same period, emissions from the non-residential accordance with Part VIII of the Planning and (commercial and institutional) sector increased Development Act 2000. by 29%. Taken together, the two sectors accounted for an increase of 4.5% over the 1990- Question No. 128 answered with Question 2004 period. No. 85. A series of revisions to Part L of the Building Regulations has been made over the last number Question No. 129 answered with Question of years, to meet higher thermal performance and No. 74. insulation standards envisaged in the National Climate Change Strategy. Revisions to Part L Question No. 130 answered with Question which came into effect in January 2003 will No. 61. deliver annual reductions of 250,000 tonnes of CO2 by 2012. In December 2005 further amend- Architectural Heritage. ments to Part L of the Building Regulations were made to partly transpose Articles 3, 4, and 5 of 131. Mr. Timmins asked the Minister for the the Energy Performance in Buildings Directive Environment, Heritage and Local Government if and incorporate higher thermal he will make a statement on the protection of performance/insulation standards for new non- Ireland’s architectural heritage local agenda domestic buildings commencing on or after 1 July 21. [22569/06] 2006, leading to an additional 45,000 CO2 reduction per annum by the end of 2012. The Minister for the Environment, Heritage and regulations also provide the legal basis for the Local Government (Mr. Roche): Under Sus- introduction of a revised building energy per- tainable Development: A Strategy for Ireland formance assessment methodology for new dwell- and guidelines for Local Agenda 21 issued by my ings. This expresses the energy performance of Department, local authorities are encouraged to the building as a single parameter — CO2/m2/ complete Local Agenda Plans for their areas, per annum — and provides explicit recognition of including provision in development plans of the possible contribution of high-efficiency objectives with regard to the preservation of boilers, e.g. condensing boilers, and renewable amenities including the built environment and energy technologies. The thermal performance urban renewal programmes to protect and standards for new dwellings are due for review enhance urban heritage and architecture. and further upward adjustment by 2008. The Planning and Development Act 2000, In addition, the Energy Performance in Build- which provides an enhanced focus on sustainable ings Directive introduces a requirement for development, contains detailed provisions under Building Energy Ratings. From January 2007 all Part IV for the protection and conservation of the new housing will be required to be rated on the architectural heritage. In addition, the local auth- basis of calculated energy performance. Rating of orities administer a grant scheme totalling \6 mil- all newly constructed buildings and existing build- lion in 2006 which supports the conservation of ings for sale or rent will be applicable from structures protected under Part IV. These pro- January 2009. A building energy rating will allow 859 Questions— 13 June 2006. Written Answers 860

[Mr. Roche.] the producer members of IFFPG who run the prospective tenants or buyers to objectively com- scheme and funding from weight based collection pare the energy demand and performance of a charges to be paid by farmers availing of the building. service. This will improve the operational The recent announcement by my colleague, the efficiency of the scheme by incentivising the pres- Minister for Communications, Marine and entation of clean, dry plastic by farmers. IFFPG Natural Resources, of a \22 million grant scheme estimate that a typical farmer will incur a cost of for renewable heat technologies in the commer- \50 every second year arising from the introduc- cial sector will, when fully implemented, result in tion of this charge. The effect of the introduction a further reduction of 160,000 of CO2 emissions of a charge will be to ensure that supply of collec- per annum from that sector. tions of farm plastics to farmers can match the As a result of these measures, I am satisfied demand on an ongoing basis. that Ireland has established very high standards In order to ensure that producer responsibility of thermal performance and insulation for resi- remains the principal source of funds for the dential and non-residential buildings. These stan- IFFPG, minimum recovery/recycling targets, to dards will progressively reduce the intensity of be funded by producers placing this material on greenhouse gas emissions in both sectors, in line the market, are being set. The target will be 50% with the objectives of the National Climate for 2006 and 2007 and this will rise to 55% by end Change Strategy. 2008 and 60% thereafter. In addition, to address the issue of accumulated Waste Management. backlogs of farm plastic, designated facilities will be provided this year on a temporary basis by 133. Mr. G. Murphy asked the Minister for the local authorities where farmers may deposit Environment, Heritage and Local Government if, stockpiled farm plastic. This will operate on a in conjunction with all local authorities, he will pilot basis in the first instance in counties Galway, establish accessible collection points to address Clare, Mayo, Offaly and Waterford. It is planned the backlog of farm plastics; and if he will make to roll out this service to other areas after the a statement on the matter. [22515/06] initial trial, which will assist in determining the quantities of plastic likely to be recovered for Minister for the Environment, Heritage and recycling under this initiative. This service will be Local Government (Mr. Roche): Under the free to the farmer and funding to assist the local Waste Management (Farm Plastics) Regulations authorities will be made available from my 2001, producers — i.e. manufacturers and Department through the Environment Fund. Col- importers — of farm plastics (silage bale wrap lections have commenced in some cases and, and sheeting) are required to take steps to where this is not the case, arrangements are being recover farm plastics waste which they have put in place by the local authorities involved to placed on the market or alternatively to contrib- proceed with collections at the earliest possible ute to, and participate in, compliance schemes to opportunity. recover the waste in question. The Irish Farm Further steps are also to be taken by IFFPG Film Producers Group (IFFPG) is currently the to improve traceability whereby the compliance sole approved body in Ireland for the purposes of scheme will now examine the question of introd- implementing a compliance scheme for the recov- ucing a register of suppliers. The purpose of this ery of farm plastics waste. measure will be to support compliance with the Under the IFFPG scheme, producers apply a requirements of the scheme and to reduce scope levy on the sale of farm plastics that in turn is for unfair competition from ‘free riders’ in the transferred to the IFFPG for use in funding the market. Overall, this package of measures is collection and recovery of farm plastics waste. It designed to improve the efficiency of the IFFPG, is estimated that around 8,500 tonnes (some 55% reduce the scope for non-compliance and ensure ) of farm plastics placed on the market in 2004 that farmers can avail of a more reliable service. were collected for recycling. An estimated 55,000 farmers availed of the collection service in 2004. IFFPG estimate that over 12,500 tonnes of farm Departmental Schemes. plastics were collected in 2005. 134. Mr. Kehoe asked the Minister for the In spite of the successful operation of the Environment, Heritage and Local Government if scheme in recent years, more recently it has he will introduce a capital assistance scheme cate- become apparent that the Scheme lacked gory within his Department of refuges, homeless sufficient resources to satisfy the demand that hostels or such type accommodation; and if he existed for collections of farm plastics. I have will make a statement on the matter. [22559/06] therefore, following discussions with the IFFPG, farming organisations and local authorities, Minister of State at the Department of the recently announced amendments to the scheme Environment, Heritage and Local Government to support improved services to farmers. Under (Mr. N. Ahern): Capital funding is available the new arrangements, the scheme will be funded through my Department’s Capital Assistance by a combination of the existing levies paid by Scheme to approved voluntary housing bodies to 861 Questions— 13 June 2006. Written Answers 862 provide accommodation to meet special housing through the provision of information and advice needs, such as elderly, homeless or persons with through Sustainable Energy Ireland. disabilities and may include accommodation for victims of domestic violence. My Department’s Waste Management. involvement with the scheme relates primarily to 137. Mr. Deasy asked the Minister for the the provision of funds for individual projects. The Environment, Heritage and Local Government if administration of the scheme, and the certifi- he will make a statement on the race against cation that particular projects comply with the waste campaign. [22567/06] terms of the scheme, are the responsibility of the appropriate local authority. Minister for the Environment, Heritage and Local Government (Mr. Roche): The Race Audit Committees. Against Waste campaign, funded by my Depart- 135. Ms Shortall asked the Minister for the ment, is an extended environmental awareness Environment, Heritage and Local Government if campaign to promote better waste management he has completed reviewing the role and structure at home and in the workplace. The campaign, of audit committees which can be established which was launched in November 2003, comprises under section 122 of the Local Government Act a waste awareness media campaign and a communications strategy. The budget for each 2001; if he has issued guidelines in relation to \ same; and if he will make a statement on the year of the campaign has been 3.5 million. matter. [22504/06] The media campaign encourages people to prevent, reduce, re-use, and recycle or compost Minister for the Environment, Heritage and their waste while the communications strategy informs the public about waste issues generally Local Government (Mr. Roche): In light of my and of the need for an integrated approach to review of the role and structure of audit commit- waste management. tees under section 122 of the Local Government Two programmes, the Small Change Prog- Act 2001, I have decided that, in line with best ramme aimed at SMEs, and Action at Work, practice in this area, local authority audit commit- aimed at larger organisations, were developed as tees should have a wider remit in relation to fin- part of the communications strategy and are pro- ancial management and control (including moted through seminars organised by Race efficiency and value for money) and should have Against Waste. In the current year of the cam- access to external expertise in discharging this paign over 60 seminars, including twenty for role. Accordingly, I will be requiring all county County Development Boards, will encourage and city councils to establish new audit commit- organisations to take action to reduce waste. tees with this more comprehensive mandate. This The campaign is also working with sporting and approach is also in line with a recommendation entertainment organisations to improve waste in the Indecon Review of Local Government management at major events including the Ryder Financing, completed earlier this year, and with Cup, due to take place in September. work completed by the Value for Money Unit of The campaign works closely with Local Auth- the Local Government Audit Service, which will ority Environmental Awareness Officers, who be published shortly. work locally with householders, schools, busi- nesses and community groups. Communities are Climate Change. also encouraged to minimise, recycle and com- post their waste through the national Tidy Towns 136. Mr. P. Breen asked the Minister for the competition’s waste module. A partnership Environment, Heritage and Local Government if between Race Against Waste and the Mountmel- he will make a statement on the European Com- lick Environmental Group, for example, aims to mission campaign to limit climate change. make Mountmellick Ireland’s “First Green [22562/06] Town”. To encourage better practice within the local Minister for the Environment, Heritage and authority service, Dublin City Council and Mayo Local Government (Mr. Roche): I fully support County Council are working with Race Against the initiative by the European Commission. The Waste on a pilot project which will implement central message of the Commission’s You Con- Action At Work in their offices and buildings. trol Climate Change campaign is that individuals The experience gained from this will be shared can contribute to reducing greenhouse gas emis- with all other local authorities. sions through small changes in their daily behav- Factsheets on waste topics, in both Irish and iour. In many cases, such changes can be cost- English, have been published and widely distrib- effective for individuals. The Government is uted. A website (www.raceagainstwaste.ie) from actively supporting individuals to make these which all Race Against Waste publications can be changes, inter alia, through the provision of downloaded, and a lo-call number to deal with grants for the installation of renewable energy enquiries from the public, were introduced in heating technologies in domestic dwellings and 2004. In addition, an interactive web-based 863 Questions— 13 June 2006. Written Answers 864

[Mr. Roche.] the details of all of the social housing schemes for resource to engage young adults in the Race which his Department made funding level adjust- against Waste was launched in November 2005. ments in order to eliminate duplication where The Race Against Waste campaign, which funding was provided by Sustainable Energy complements increased investment in infrastruc- Ireland for energy efficiency measures, detailing ture, more effective enforcement and the intro- in all cases, the scheme name, proposed scheme duction of pay by use systems is an effective funding and scheme funding after Sustainable element of our waste management strategy and Energy Ireland grants were accounted for. has helped to raise awareness of waste issues and [22849/06] to significantly increase recycling rates. Minister of State at the Department of the Social and Affordable Housing. Environment, Heritage and Local Government (Mr. N. Ahern): I propose to take Question Nos. 138. Mr. Cuffe asked the Minister for the 140 and 417 together. Environment, Heritage and Local Government It is my understanding that a downward adjust- the number of the 10,000 affordable houses which ment of \150,000 has been proposed in the pre- were part of the Government commitments tender budget cost approval notified to Du´ n under sustaining progress that are completed; and Laoghaire Rathdown County Council in respect the number expected to be completed by the end of the construction of 43 units at Benamore, New- of the period covered by the sustaining progress townpark Avenue to reflect an anticipated grant agreement. [22575/06] for energy efficiency measures from Sustainable Energy Ireland (SEI). Tender proposals in Minister of State at the Department of the respect of this scheme have not yet been received Environment, Heritage and Local Government in my Department. (Mr. N. Ahern): Significant progress continues to Due to the time and associated cost involved be made under the Sustaining Progress Afford- I do not propose to request my Department to able Housing Initiative with provisional figures to examine all housing scheme files to establish the end of March 2006 indicating that a total of whether or not any financial adjustments have 1,961 housing units have been provided to date been made in the past in respect of grants that on AHI sites and through the Part V affordable may have been received by local authorities from arrangements. SEI. If any such adjustments were made it is very To date, over 70 projects on State and Local likely that it involved a small number of projects. Authority lands are planned which, together with My Department supports and encourages the the projected 2,500 housing units under the Part adoption of new technology and innovative V affordable arrangements, have the potential to approaches to design and construction of dwell- deliver over 10,000 affordable housing units ings aimed at improving productivity and enhanc- under the initiative. My Department will continue ing quality and performance of new dwellings. to drive forward progress on all of the projects to Where such proposals include the provision of ensure the earliest possible delivery of affordable additional energy efficiency measures these will housing units. This may entail further use of the be examined by my Department on their merits land swap approach which was piloted success- from the point of view of efficiency/ cost benefit fully on the Harcourt Terrace project and other considerations. Furthermore my Department has actions to parallel different stages of projects and been in contact with SEI to indicate that in the shorten delivery time. interests of administrative efficiency the cost of using energy efficient and environmentally Question No. 139 answered with Question friendly technologies in local authority and volun- No. 74. tary housing developments will be borne as part of the capital cost of proposed schemes without Energy Efficiency Measures. having to have recourse to SEI grant assistance. 140. Mr. Boyle asked the Minister for the This will be formalised shortly with SEI and noti- Environment, Heritage and Local Government fied to local authorities. the details of all of the social housing schemes for which his Department made funding level adjust- Question No. 141 answered with Question ments in order to eliminate duplication where No. 104. funding was provided by Sustainable Energy Question No. 142 answered with Question Ireland for energy efficiency measures, detailing No. 61. in all cases, the scheme name, proposed scheme funding and scheme funding after Sustainable Energy Ireland grants were accounted for. Litter Pollution. [22576/06] 143. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government 417. Mr. Cuffe asked the Minister for the his views in relation to Irish Business Against Lit- Environment, Heritage and Local Government ter initiative on litter; if he intends to take action; 865 Questions— 13 June 2006. Written Answers 866 if so, the form same will take; if he has corre- the statutory approval of the sectoral plans by the sponded with local authorities in relation to the Houses of the Oireachtas, on the basis of a survey specifically and litter generally; and if he detailed accessibility audit. The implementation will make a statement on the matter. [22442/06] plans, drawn up in consultation with organis- ations representing people with disabilities, will Minister for the Environment, Heritage and set out a programme of actions to give effect to Local Government (Mr. Roche): IBAL is one of the commitments and objectives contained in the a number of anti-litter initiatives supported by my 2005 Act, in order to promote and pro-actively Department aimed at raising public awareness of encourage equal opportunities for persons with litter pollution and energising support for local disabilities to participate in the economic, social authority anti-litter actions. This specific initiative and cultural life of the community. has been supported since 2003. I have provided \18 million in 2006 to help The National Litter Pollution Monitoring local authorities and other bodies under the aegis System, which measures the extent and severity of my Department to implement the National of litter pollution nationally, shows that since Disability Strategy, as part of a multi-annual 2003 there has been an improvement in litter pol- funding programme, begun in 2005, which will lution levels countrywide. The positive trend continue until 2009. shown by the Monitoring System is also reflected in the IBAL League results, which record that Social and Affordable Housing. cleanliness levels in the 53 participating towns and cities are generally improving. 145. Mr. Crowe asked the Minister for the My Department liaises on a regular basis with Environment, Heritage and Local Government if local authorities in relation to anti-litter initiat- he will review the extent to which local auth- ives and anti-litter actions, the benefits of which orities are meeting the needs of their tenants in can be seen in these improved results. There is respect of necessary repairs to the social housing of course room for further improvement and the stock. [22477/06] various approaches are kept under continual review. Minister of State at the Department of the Environment, Heritage and Local Government Disability Services. (Mr. N. Ahern): Responsibility for the manage- ment, maintenance and improvements of their 144. Mr. P. McGrath asked the Minister for the rented dwellings, including the implementation of Environment, Heritage and Local Government a planned maintenance programme lies with the his Department’s sectoral plan to improve dis- local authorities and is financed from their own ability services; and if he will make a statement resources. The National Survey of Housing Qual- on the matter. [22549/06] ity 2001-2002 reported that just under three-quar- Minister for the Environment, Heritage and ters of persons in local authority accommodation Local Government (Mr. Roche): As required are satisfied or very satisfied with the general under the Disability Act 2005, my Department’s condition of their accommodation. The report sectoral plan will be laid before the Houses of the also noted that the level of activity of local auth- Oireachtas no later than 28 July 2006. The orities in responding to requests for repairs finalised plan will build on the outline sectoral exceeded all other housing categories except one. plan, published in September 2004, and sub- sequent consultations with people with dis- Questions Nos. 146 and 147 answered with abilities, representative organisations and other Question No. 120. Government Departments with linked sectoral plans. It will set out national objectives and Planning Issues. guidelines for access to local authority public buildings, services, facilities, amenities, and infor- 148. Mr. Eamon Ryan asked the Minister for mation, as well as to heritage sites and other the Environment, Heritage and Local Govern- facilities managed by my Department. ment his views on whether the formal registration In parallel, Part M of the Building Regulations of legal options to purchase lands would improve will also be reviewed and updated in accordance the transparency of the planning and develop- with a commitment set out in the Outline Plan, ment process. [22583/06] and the Building Control Bill 2005, published in December 2005, will, when enacted, strengthen Minister for the Environment, Heritage and the enforcement powers of local authorities and Local Government (Mr. Roche): Ensuring open- introduce a Disability Access Certification system ness, probity, fairness and efficiency in the oper- to ensure that new buildings, or buildings which ation of the planning system is an ongoing and have been extended or materially altered should key challenge key challenge. Zoning of land by a be accessible to all. planning authority is effected as part of the mak- Each local authority will be required to draw ing of a development plan. Section 10 of the Plan- up an implementation plan within nine months of ning and Development Act 2000 states that a 867 Questions— 13 June 2006. Written Answers 868

[Mr. Roche.] provision of social housing for those people development plan shall include objectives for within their local authority area who have been “the zoning of land for particular purposes identified as being in need of social housing. (whether residential, commercial, industrial, agri- [22507/06] cultural, recreational, as open space or otherwise, or as a mixture of those uses), where and to such Minister of State at the Department of the an extent as the proper planning and sustainable Environment, Heritage and Local Government development of the area, in the opinion of the (Mr. N. Ahern): Under the Rental Accom- planning authority, required the uses to be indi- modation Scheme (RAS) local authorities are cated”. The process of making or varying a providing accommodation to certain recipients of development plan is also set out in the 2000 Act SWA rent supplement who have been assessed as and requires, inter alia, extensive public consul- having a long-term housing need. The RAS tation and adoption of the development plan or scheme is part of a graduated range of housing variation by the elected members. supports and is an additional housing option for Persons applying for planning permission must authorities in meeting housing need. Eligible per- state their application what interest they hold in sons can indicate their preference to be accom- the land in question or include the consent of the modated by local authorities under the RAS or landowner. Planning permissions are given for social housing or to be considered for both. specific development proposals on specified sites in the context of the proper planning and sus- Local Authority Housing. tainable development of the area, irrespective of 151. Mr. Morgan asked the Minister for the the land’s ownership. Environment, Heritage and Local Government if At present, land purchase options may be he accepts that many local authorities are unable registered voluntarily. However, the All-Party to fund necessary and urgent repairs to their Oireachtas Committee on the Constitution, in its social housing stock from their own resources; Ninth Progress Report — Private Property, and if additional funds will be made available to recommended that the existence of options local authorities to enable them to carry out these should be included in the categories of trans- necessary repairs. [22475/06] actions to be revealed publicly as a measure to achieve transparency in property markets gener- Minister of State at the Department of the ally. Consideration is being given to approaches Environment, Heritage and Local Government dealing with registration of land options in that (Mr. N. Ahern): The management, maintenance context. and improvements to their rented dwellings is the responsibility of each local authority and the Sustainable Communities. funding of such works is required to be provided 149. Ms Burton asked the Minister for the by local authorities from their own resources as Environment, Heritage and Local Government part of their ongoing maintenance programmes. the date on which he expects the complete and My Department does, however, provide capital full policy statement on building sustainable com- funding for major refurbishment work to local munities to be published; and if he will make a authority dwellings under the Remedial Works statement on the matter. [22483/06] Scheme. My Department has been encouraging local authorities to avail of this scheme to reme- Minister of State at the Department of the diate dwellings in need of refurbishment. Funding Environment, Heritage and Local Government is also provided to local authorities for the refur- (Mr. N. Ahern): Work is well underway on a new bishment of houses that have remained vacant for housing policy statement which will set out more periods longer than six months and require sig- detailed approaches to implementing the Housing nificant refurbishment prior to reletting. Local Policy Framework: Building Sustainable Com- authorities are required to meet from their own munities published in December 2005. This state- resources the first \10,000 of the cost of such ment, which will be published later this year will refurbishment in respect of each dwelling under take a medium term perspective, will have regard this initiative. In addition, my Department pro- to current discussions within the Partnership vides capital funding, subject to conditions, to Talks, and will link into the investment proposed local authorities for the installation of central under the next National Development Plan. heating in their rented houses without such a facility. Departmental Schemes. Local Authority Funding. 150. Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Govern- 152. Ms C. Murphy asked the Minister for the ment his views on whether local authorities Environment, Heritage and Local Government should not be using the rental accommodation the preparations being made to release additional scheme as an alternative to the construction and funding to local authorities in counties that have 869 Questions— 13 June 2006. Written Answers 870 shown a strong pattern of population growth fol- Constitutional Challenges. lowing the publication of the preliminary census 156. Mr. F. McGrath asked the Taoiseach the results; if same will result in a relaxation of the reason for the breakdown in communications staffing cap where it is deemed necessary; and if between his Department and the Offices of the he will make a statement on the matter. Attorney General, the Chief State Solicitor and [22443/06] the Director of Public Prosecutions in the matter of the decision of the Supreme Court; and if he Minister for the Environment, Heritage and will make a statement on the matter. [22416/06] Local Government (Mr. Roche): In the intercen- sal period 2002-2006 general purpose grants from The Taoiseach: As I indicated to the House last the Local Government Fund to local authorities week, there was a failure of communications rose by some 48%. This increase is well in excess within the Office of the Attorney General that of any expected increase in population over the led to the Attorney General not being personally same period. Population is one of the factors used informed about the Supreme Court hearing of the in determining these grants and updated data CC case. The Attorney General has now put in provided by the recent census will be used when place additional procedures to prevent any recur- allocating such grants in future years. rence. Details of those are contained in the docu- In light of Government policy on the regulation ment that I circulated to Deputies on 7 June, and control of numbers in the public service, 2006. Copies of that document have also been including local authorities, I am keeping the over- placed in the Oireachtas Library. all employment position in the local government An inquiry has also been instituted to identify sector under regular review. any aspects of the organisation structure, systems, procedures or staffing arrangements within the Question No. 153 answered with Question Office of the Attorney General that may require No. 74. to be amended, so as to ensure that an infor- mation and notification deficit does not recur. Question No. 154 answered with Question No. 105. Unemployment Levels. 157. Mr. Quinn asked the Taoiseach the break- Building Regulations. down by gender, age and geographic location of those listed by the Central Statistics Office as 155. Mr. Hogan asked the Minister for the long-term unemployed; the trends of note in Environment, Heritage and Local Government if these figures over the past three years; and if he he will amend the Building Regulations for the will make a statement on the matter. [22309/06] Conservation of Fuel and Energy to increase the energy efficiency required for nursing homes; and Minister of State at the Department of the if he will make a statement on the matter. Taoiseach (Mr. Kitt): The exact information [22510/06] requested by the Deputy is not available. Statis- tics on the labour force are compiled from the Minister for the Environment, Heritage and Quarterly National Household Survey. The latest Local Government (Mr. Roche): In December statistics available are for the period December 2005, Part L of the Building Regulations was 2005 to February 2006 and show that there are amended to substantially increase energy conser- 26,200 persons classified as long-term unem- vation standards for non-domestic buildings, ployed. The duration of unemployment figures including Nursing Homes, with effect from 1 July for the past three years, classified by gender and 2006. I recently published the 2006 edition of age group are set out in the following table. Technical Guidance Document L on how to com- Statistics of the kind requested by the Deputy are ply with the amended Part L regime. not available at a regional level.

Persons aged 15 years and over classified by sex, age group and duration of unemployment (ILO)

QNHS Dec-Feb 2004 QNHS Dec-Feb 2005 QNHS Dec-Feb 2006 Age group Age group Age group

45 or 45 or 45 or Duration 15-24 25-44 over Total 15-24 25-44 over Total 15-24 25-44 over Total

Males Less than 1 year 9.8 14.0 5.8 29.7 9.8 14.0 6.6 30.3 12.1 15.0 5.8 32.9 1 year and over 4.5 12.3 6.0 22.8 4.6 10.3 6.0 21.0 3.7 10.1 5.8 19.7 not stated ************ Total males 14.3 26.4 11.9 52.6 14.4 24.5 12.6 51.5 15.9 25.2 11.7 52.8 871 Questions— 13 June 2006. Written Answers 872

[Mr. Kitt.]

QNHS Dec-Feb 2004 QNHS Dec-Feb 2005 QNHS Dec-Feb 2006 Age group Age group Age group

45 or 45 or 45 or Duration 15-24 25-44 over Total 15-24 25-44 over Total 15-24 25-44 over Total

Females Less than 1 year 8.7 10.9 3.6 23.2 8.0 11.5 4.3 23.8 9.0 14.9 4.9 28.9 1 year and over 2.2 3.9 1.7 7.7 1.8 3.4 1.5 6.7 1.6 3.1 1.9 6.6 not stated ************ Total females 10.9 14.8 5.3 31.0 10.0 14.9 5.8 30.6 10.6 18.0 6.8 35.4

All persons Less than 1 year 18.5 25.0 9.4 52.9 17.8 25.5 10.9 54.1 21.1 29.9 10.7 61.7 1 year and over 6.6 16.2 7.7 30.5 6.5 13.8 7.5 27.8 5.3 13.3 7.7 26.2 not stated *******0.3**** Total persons 25.2 41.2 17.2 83.6 24.4 39.3 18.4 82.1 26.5 43.2 18.5 88.2 *Sample occurrence too small for estimation.

National Transport Survey. functions have been delegated to any of the Mini- sters of State in my Department. 158. Mr. Eamon Ryan asked the Taoiseach the number of road passenger kilometres travelled here each year. [22390/06] Health Services. 160. Mr. McGuinness asked the Ta´naiste and Minister of State at the Department of the Minister for Health and Children the financial Taoiseach (Mr. Kitt): The exact information assistance available to a person (details supplied) requested by the Deputy is not available. Com- in County Kilkenny; and if their benefit will be prehensive statistics on Road Passenger kilo- increased. [22453/06] metres can only be obtained by means of a detailed survey of road users. A report prepared Minister of State at the Department of Health by the National Statistics Board on Policy Needs and Children (Mr. T. O’Malley): The Deputy’s for Statistical Data on Enterprises has recom- question relates to the management and delivery mended that a National Transport Survey, col- of health and personal social services, which are lecting this type of information, should be carried the responsibility of the Health Service Executive out. No decision has yet been made on this pro- under the Health Act 2004. Accordingly, my posal. This would be a very large-scale survey and Department has requested the Parliamentary the CSO is currently examining technical and Affairs Division of the Executive to arrange to budgetary requirements for implementing this have this matter investigated and to have a reply new survey. issued directly to the Deputy.

Ministerial Responsibilities. Hospitals Building Programme. 159. Mr. P. McGrath asked the Taoiseach the 161. Mr. P. Breen asked the Ta´naiste and Mini- functions which have, since the last general elec- ster for Health and Children if the planning appli- tion, been delegated to Ministers of State at his cation for phase 1A of the Ennis General Department by the Government under powers Hospital capital development project has been conferred on it by section 2(1) of the Ministers submitted to the local planning office; and if not, and Secretaries (Amendment) (No.2) Act 1977; if it is still expected that this application will be and the statutory instrument number of each such submitted by June 2006, as per Parliamentary order. [22829/06] Question No. 163 of 5 April 2006; and if she will make a statement on the matter. [22280/06] The Taoiseach: My statutory functions, in so far as they relate to the Central Statistics Office, Tnaiste and Minister for Health and Children are currently delegated to Mr. Tom Kitt T.D., (Ms Harney): The Deputy’s question relates to Minister of State at the Department of the the management and delivery of health and per- Taoiseach. The Statistics (Delegation of Minis- sonal social services, which are the responsibility terial Functions) Order 2004 was made by of the Health Service Executive under the Health Government on 19 October 2004 (Statutory Act 2004. This includes responsibility for con- Instrument No. 664 of 2004). No other statutory sidering new capital proposals or progressing 873 Questions— 13 June 2006. Written Answers 874 those in the health capital programme. Accord- of alcohol, nicotine and illicit drugs during preg- ingly, my Department is requesting the nancy has recently been carried out at one of the Parliamentary Affairs Division of the Executive country’s largest maternity hospitals. A report to arrange to have this matter investigated and to outlining the findings of the study has now been have a reply issued directly to the Deputy. received by my Department and is currently being considered by officials. Mental Health Services. Health Service Staff. 162. Mr. O’Shea asked the Ta´naiste and Mini- ster for Health and Children her proposals in 164. Mr. Carey asked the Ta´naiste and Mini- regard to the under-recognition and under- ster for Health and Children the guidelines which resourcing of services for mental illness in child- are issued by the Health Service Executive to its hood; and if she will make a statement on the employees to ensure that they avoid conflict of matter. [22281/06] interest in the carrying out of their duties; and if she will make a statement on the matter. Minister of State at the Department of Health [22283/06] and Children (Mr. T. O’Malley): As the Deputy may be aware, the future direction and delivery Ta´naiste and Minister for Health and Children of all aspects of our mental health services, (Ms Harney): Section 25 of the Health Act 2004 including child and adolescent psychiatry, were requires employees of the Health Service Execu- considered in the context of the work of the tive to maintain proper standards of integrity, Expert Group on Mental Health Policy. The conduct and concern for the public interest in Government published the Group’s report performing functions under that or any other entitled “A Vision for Change” in January, 2006. enactment as employees of the Executive. Section The report sets out how positive mental health 25 also obliges the Executive to issue codes of in children can be promoted generally in our conduct for employees other than employees to society, and how specialist mental health services whom a code of conduct under section 10 (3) of can be delivered efficiently to children who need the Standards in Public Office 2001 applies. A them. Child and adolescent psychiatric services code of conduct issued by the Executive for are in place in each Health Service Executive employees must indicate the standards of integ- area, with 39 child community health teams offer- rity and conduct to be maintained by them in per- ing a wide rage of therapeutic approaches. forming their functions. A person to whom such “A Vision for Change” acknowledges gaps in a code of conduct relates is required to have the current provision of child and adolescent regard to and be guided by the code in per- services and makes several recommendations for forming his or her functions. the further improvement of these services. As this is a matter for the Health Service Recommendations include early intervention and Executive under the Health Act 2004, my Depart- health promotion programmes, primary and com- ment has asked the Parliamentary Affairs Div- munity care services, specialist mental health ision of the Executive to respond directly to the services for the treatment of complex disorders Deputy. and the provision of additional Child Community The HSE is also preparing a Code of Govern- Mental Health Teams. The Government has ance to be submitted to me for approval under accepted the Expert Group’s report as the basis section 35 of the Health Act 2004. The Code must for the future development of the mental health include, amongst other things, a code of conduct services. setting out basic objectives on the conduct of the The development of child and adolescent Board of the HSE, its members, members of its psychiatric services has been a priority for my committees, employees, advisers, consultants Department in recent years. The number of and contractors. approved child and adolescent consultant psy- chiatrist posts has been increased from 45 in 2000 Hospital Waiting Lists. to 70 in 2006. 165. Mr. Penrose asked the Ta´naiste and Mini- ster for Health and Children if she will take steps Public Health Issues. to have a person (details supplied) in County 163. Mr. O’Shea asked the Ta´naiste and Mini- Westmeath, who is in need of a quadruple by- ster for Health and Children her proposals in pass, admitted to a hospital or in the alternative regard to the consequences of alcohol and nic- have this person treated under the National Pur- otine consumption during pregnancy by the chase Treatment Fund; and if she will make a mother on the health of the unborn child and on statement on the matter. [22295/06] post birth development; and if she will make a statement on the matter. [22282/06] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Minister of State at the Department of Health the management and delivery of health and per- and Children (Mr. S. Power): A study on the use sonal social services, which are the responsibility 875 Questions— 13 June 2006. Written Answers 876

[Ms Harney.] Medical Aids and Appliances. of the Health Service Executive under the Health 168. Mr. P. Breen asked the Ta´naiste and Act 2004. Accordingly, my Department has Minister for Health and Children further to requested the Parliamentary Affairs Division of Parliamentary Question No. 239 of 30 May 2006, the Executive to arrange to have this matter when a person (details supplied) in County Clare investigated and to have a reply issued directly to will be facilitated with an electric wheelchair; and the Deputy. if she will make a statement on the matter. [22299/06] Health Services. 166. Ms O’Sullivan asked the Ta´naiste and Minister of State at the Department of Health and Children (Mr. T. O’Malley): I understand Minister for Health and Children if outstanding that the Health Service Executive wrote to the matters have been resolved to transfer the pay- Deputy on 31st March, 2006 indicating that the ment of costs incurred in treating public patients person concerned was assessed by an Occu- at the Mid-Western Radiation Oncology Centre pational Therapist, and that a powered wheel- from the Mid-Western Hospitals Development chair was recommended. The Health Service Trust to the Health Service Executive; and if she Executive has now indicated that a decision on will make a statement on the matter. [22296/06] the matter is pending. Ta´naiste and Minister for Health and Children Health Services. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- 169. Mr. Ring asked the Ta´naiste and Minister sonal, social services, which are the responsibility for Health and Children the reason a person of the Health Service Executive under the Health (details supplied) in County Mayo was refused Act 2004. Accordingly, my Department has home care service. [22328/06] requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy Minister of State at the Department of Health in relation to the matter raised. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of health and personal social services, which are the Hospital Services. responsibility of the Health Service Executive 167. Mr. O’Dowd asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children if she will publish Department has requested the Parliamentary the report on acute hospital services in the north Affairs Division of the Executive to arrange to east; and if she will make a statement on the have this matter investigated and to have a reply matter. [22297/06] issued directly to the Deputy.

188. Mr. O’Dowd asked the Ta´naiste and Mini- 170. Mr. P. Breen asked the Ta´naiste and Mini- ster for Health and Children when she received ster for Health and Children when an application the report from Teamwork Management Services for enhanced payment subvention will be pro- entitled Improving Safety and Achieving Better cessed for a person (details supplied) in County Standards from the Health Service Executive; the Clare; and if she will make a statement on the findings of this report; when she will publish matter. [22329/06] same; and if she will make a statement on the Minister of State at the Department of Health matter. [22411/06] and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of Ta´naiste and Minister for Health and Children health and personal social services, which are the (Ms Harney): I propose to take Questions Nos. responsibility of the Health Service Executive 167 and 188 together. under the Health Act 2004. Accordingly, the Under the Health Act 2004, the Health Service Department has requested the Parliamentary Executive has responsibility to manage and Affairs Division of the Executive to arrange to deliver, or arrange to be delivered on its behalf, have this matter investigated and to have a reply health and personal social services. issued directly to the Deputy. The HSE commissioned Teamwork Manage- ment Services to undertake a review of acute 171. Mr. P. Breen asked the Ta´naiste and Mini- hospital services in the North East. I understand ster for Health and Children if she will investigate that the review, which commenced in March the reason a person (details supplied) in County 2006, has recently been completed and that the Clare who was deemed extremely ill by their report has been considered by the Board of the family, was discharged from Ennis General HSE. I have been briefed on the contents of the Hospital, County Clare and subsequently died report. The manner and timing of the publication following immediate re-admission; and if she will of the report is a matter for the Executive. make a statement on the matter. [22330/06] 877 Questions— 13 June 2006. Written Answers 878

Ta´naiste and Minister for Health and Children for both counties Carlow and Kilkenny separately (Ms Harney): The Deputy’s question relates to at the Health Service Executive psychological the management and delivery of health and per- services, psychiatric services and autism team; the sonal social services, which are the responsibility average waiting time for an appointment; and if of the Health Service Executive (HSE) under the she will make a statement on the matter. Health Act, 2004. [22354/06] I understand that the HSE Hospital Network Manager for the area has advised the Deputy that 175. Mr. P. McGrath asked the Ta´naiste and if the family of the person in question wish to Minister for Health and Children the number of contact the Manager of Ennis General Hospital, children and adolescents who are currently being he will be available to discuss any queries they attended to for both counties Carlow and may have in relation to their relatives’ treatment. Kilkenny separately by the Health Service Execu- tive psychological services, psychiatric services 172. Mr. Gregory asked the Ta´naiste and Mini- and autism team; and if she will make a statement ster for Health and Children the reason a person on the matter. [22355/06] (details supplied) in Dublin 3 who is a diabetic was refused a dietary allowance; and if same will Minister of State at the Department of Health be reviewed. [22336/06] and Children (Mr. T. O’Malley): I propose to take Questions Nos. 174 and 175 together. Minister of State at the Department of Health The Deputy’s questions relate to the manage- and Children (Mr. S. Power): The Deputy’s ques- ment and delivery of health and personal social tion relates to the management and delivery of services, which are the responsibility of the health and personal social services, which are the Health Service Executive under the Health Act responsibility of the Health Service Executive 2004. Accordingly, my Department has requested under the Health Act 2004. Accordingly, my the Parliamentary Affairs Division of the Execu- Department has requested the Parliamentary tive to have these matters investigated and to Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy. have this matter investigated and to have a reply issued directly to the Deputy. Medical Cards. Health Service Staff. 176. Mr. P. Breen asked the Ta´naiste and Mini- ster for Health and Children when an application 173. Mr. P. McGrath asked the Ta´naiste and will be processed for a medical card for a person Minister for Health and Children the number of (details supplied) in County Clare; and if she will staff who are employed, in specific reference to make a statement on the matter. [22356/06] diagnostic services for children and adolescents suspected of suffering from autism to include all its forms that is Asperger’s Syndrome, autism Ta´naiste and Minister for Health and Children spectrum disorder, dysgraphia and obsessive (Ms Harney): The Deputy’s question relates to compulsive disorder, in each county, Carlow and the management and delivery of health and per- Kilkenny separately in the Health Service Execu- sonal social services, which are the responsibility tive psychological services, psychiatric services of the Health Service Executive under the Health and autism team; the roles in which they are Act 2004. Accordingly, my Department has employed, differentiating between full and part- requested the Parliamentary Affairs Division of time staff and providing the man hours provided the Executive to arrange to have this matter by both full and part time staff, monthly; and if investigated and to have a reply issued directly to she will make a statement on the matter. the Deputy. [22353/06] Cancer Screening Programme. Ta´naiste and Minister for Health and Children 177. Mr. Naughten asked the Ta´naiste and (Ms Harney): The Deputy’s question relates to Minister for Health and Children if, in view of the management of human resources which is the the ongoing delay in the roll-out of breast screen- responsibility of the Health Service Executive ing in the west and north west, she will direct the under the Health Act 2004. Accordingly, my Health Service Executive to provide the service Department has requested the Parliamentary via private screening operators; and if she will Affairs Division of the Executive to arrange to make a statement on the matter. [22357/06] have this matter investigated and to have a reply issued directly to the Deputy. 210. Mr. Naughten asked the Ta´naiste and Minister for Health and Children if she will enter Health Services. discussions with private clinics such as the Bon 174. Mr. P. McGrath asked the Ta´naiste and Secours Hospital in Galway with a view to pro- Minister for Health and Children the number of viding interim screening measures in view of the children and adolescents awaiting appointments delay in the roll-out out of BreastCheck to the 879 Questions— 13 June 2006. Written Answers 880

[Mr. Naughten.] Hospital Services. west and north-west of Ireland; and if she will 178. Mr. Kehoe asked the Ta´naiste and Mini- make a statement on the matter. [22697/06] ster for Health and Children the reason a person (details supplied) is not being transferred from Tanaiste and Minister for Health and Children ´ Wexford General Hospital to Beaumont Hospital (Ms Harney): I propose to take Questions Nos. to enable a brain tumour removal operation to 177 and 210 together. take place as quickly as possible; and if she will A breast screening programme is a complex make a statement on the matter. [22360/06] multi-disciplinary undertaking that requires con- siderable expertise and management involving Ta´naiste and Minister for Health and Children population registers, call recall systems, mam- (Ms Harney): The Deputy’s question relates to mography, pathology and appropriate treatment the management and delivery of health and per- and follow-up. A programme must be quality sonal social services, which are the responsibility assured and acceptable to women who attend for of the Health Service Executive under the Health screening. The first phase of the programme is of Act 2004. Accordingly, my Department has a high quality and a similar quality in the West requested the Parliamentary Affairs Division of and South is essential. the Executive to arrange to have this matter I have met with representatives of BreastCheck investigated and to have a reply issued directly to and they are fully aware of my wish to have a the Deputy. quality assured programme rolled out to the remaining regions in the country as quickly as Hospital Equipment. possible. For this to happen, essential elements of the roll-out must be in place including adequate 179. Mr. O’Dowd asked the Ta´naiste and Mini- staffing, effective training and quality assurance ster for Health and Children the progress to date programmes. I have made additional revenue in the provision of a CAT scanner to Louth funding of \2.3m available to BreastCheck to County Hospital, Dundalk. [22361/06] meet the additional costs of roll-out. I have also approved an additional 69 posts. Ta´naiste and Minister for Health and Children BreastCheck recently interviewed for Clinical (Ms Harney): The Deputy’s question relates to Directors for both regions and appointments the management and delivery of health and per- have been made and both will take up their posi- sonal social services, which are the responsibility tions later this year. Both are currently undergo- of the Health Service Executive under the Health ing additional training in relation to their role as Act 2004. Accordingly, my Department has Clinical Director. This month BreastCheck will requested the Parliamentary Affairs Division of begin recruiting Consultant Radiologists, Con- the Executive to arrange to have this matter sultant Surgeons and Consultant Histopatholog- investigated and to have a reply issued directly to ists for both centres. BreastCheck is also the Deputy. recruiting radiographers. While the recruitment of radiographers is difficult at present as there is Nursing Home Subventions. a shortage internationally of trained personnel, 180. Mr. P. Breen asked the Ta´naiste and Mini- BreastCheck is confident that it will be in a posi- ster for Health and Children when an application tion to employ sufficient radiographers at both for subvention will be processed for a person sites. (details supplied) in County Clare; and if she will BreastCheck also requires considerable capital make a statement on the matter. [22362/06] investment in the construction of two new clinical units and in the provision of five additional Minister of State at the Department of Health mobile units and state of the art digital equip- \ and Children (Mr. S. Power): The Deputy’s ques- ment. I have made available an additional 21m tion relates to the management and delivery of capital funding to BreastCheck for this purpose. health and personal social services, which are the BreastCheck is in the process of short-listing responsibility of the Health Service Executive applicants to construct its two new clinical units. under the Health Act 2004. Accordingly, the BreastCheck is also confident that the target date Department has requested the Parliamentary of next year for the commencement of roll-out to Affairs Division of the Executive to arrange to the Southern and Western regions will be met. have this matter investigated and to have a reply Any proposal received by BreastCheck to sup- issued directly to the Deputy. port the roll-out of its screening programme will be carefully examined to assess the extent to Hospital Procedures. which it complies with existing standards. BreastCheck recently conducted an evaluation of 181. Mr. P. Breen asked the Ta´naiste and Mini- a proposal from a private screening service and ster for Health and Children when a person concluded that the clinic in question would not be (details supplied) in County Clare will be facili- in a position to provide a screening programme in tated with an appointment for surgery; and if she line with BreastCheck standards. will make a statement on the matter. [22363/06] 881 Questions— 13 June 2006. Written Answers 882

Ta´naiste and Minister for Health and Children the management and delivery of health and per- (Ms Harney): The Deputy’s question relates to sonal social services, which are the responsibility the management and delivery of health and per- of the Health Service Executive under the Health sonal social services, which are the responsibility Act 2004. Accordingly, my Department has of the Health Service Executive under the Health requested the Parliamentary Affairs Division of Act 2004. Accordingly, my Department has the Executive to arrange to have this matter requested the Parliamentary Affairs Division of investigated and to have a reply issued directly to the Executive to arrange to have this case investi- the Deputy. gated and to have a reply issued directly to the Deputy. Health Services. 185. Mr. McGuinness asked the Ta´naiste and Housing Aid for the Elderly. Minister for Health and Children if a medical 182. Mr. P. Breen asked the Ta´naiste and Mini- officers report has been submitted to Kilkenny ster for Health and Children when an application County Council in relation to the case of a person under the housing aid for the elderly scheme will (details supplied) in County Kilkenny; and if she be processed for a person (details supplied) in will expedite the matter. [22393/06] County Clare; and if she will make a statement on the matter. [22364/06] Minister of State at the Department of Health and Children (Mr. T. O’Malley): The Deputy’s Minister of State at the Department of Health question relates to the management and delivery and Children (Mr. S. Power): The Deputy’s ques- of health and personal social services, which are tion relates to the management and delivery of the responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. Accordingly, my responsibility of the Health Service Executive Department has requested the Parliamentary under the Health Act 2004. This includes Affairs Division of the Executive to arrange to responsibility for the provision of the Housing have this matter investigated and to have a reply Aid Scheme for the Elderly, on behalf of the issued directly to the Deputy. Department of Environment, Heritage and Local Government. Accordingly, the Department has Health Services. requested the Parliamentary Affairs Division of the Executive to arrange to have this matter 186. Mr. Blaney asked the Ta´naiste and Mini- investigated and to have a reply issued directly to ster for Health and Children if a further half hour the Deputy. home help per day, five days a week will be approved for a person (details supplied) in County Donegal; and if she will make a statement Hospital Services. on the matter. [22394/06] 183. Mr. P. Breen asked the Ta´naiste and Mini- ster for Health and Children when a person Minister of State at the Department of Health (details supplied) in County Clare will be facili- and Children (Mr. S. Power): The Deputy’s ques- tated with a bed in the Rehabilitation Hospital, tion relates to the management and delivery of Du´ n Laoghaire; and if she will make a statement health and personal social services, which are the on the matter. [22365/06] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Minister of State at the Department of Health Department has requested the Parliamentary and Children (Mr. T. O’Malley): The Deputy’s Affairs Division of the Executive to arrange to question relates to the management and delivery have this matter investigated and to have a reply of health and personal social services, which are issued directly to the Deputy. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Hospitals Building Programme. Department has requested the Parliamentary Affairs Division of the Executive to arrange to 187. Mr. O’Dowd asked the Ta´naiste and Mini- have this matter investigated and to have a reply ster for Health and Children her Department’s issued directly to the Deputy. proposals for a private hospital to be built in Drogheda as reported in a newspaper (details supplied). [22410/06] Medical Cards. 184. Mr. McGuinness asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children if she will (Ms Harney): The HSE recently advertised for expedite an appeal for a medical card for a per- expressions of interest for the construction and son (details supplied) in County Carlow. operation of private hospitals on the sites of 11 [22377/06] publicly funded hospitals, including Our Lady of Lourdes Hospital, Drogheda. Proposals will be Ta´naiste and Minister for Health and Children subject to detailed evaluation which will have (Ms Harney): The Deputy’s question relates to regard to an assessment of need and the existing 883 Questions— 13 June 2006. Written Answers 884

[Ms Harney.] Act 2004. Accordingly, my Department has and planned capacity on a particular site within requested the Parliamentary Affairs Division of the relevant region. the Executive to arrange to have this matter Interested parties are being invited to express investigated and to have a reply issued directly to an interest for one or more projects and are the Deputy. required to complete and submit a pre-qualifi- cation questionnaire before the end of June 2006. Departmental Funding. Question No. 188 answered with Question 192. Ms Enright asked the Ta´naiste and Mini- No. 167. ster for Health and Children the amount of fund- ing from her Department allocated to the Rape Medical Records. Crisis Centre each year for the past three years; and if he will make a statement on the matter. 189. Mr. F. McGrath asked the Ta´naiste and [22430/06] Minister for Health and Children the position regarding the medical records of a persons Minister of State at the Department of Health (details supplied) in Dublin 3; and the reason for and Children (Mr. S. Power): My Department the delay in sending same out. [22412/06] does not directly fund or co-ordinate health and personal social services to victims of abuse. Mon- Tanaiste and Minister for Health and Children ´ ies are made available each year, formerly (Ms Harney): The Deputy’s question relates to through the health boards, and now through the the management and delivery of health and per- Health Services Executive, for the provision of sonal social services, which are the responsibility services to women victims of violence. In recent of the Health Service Executive under the Health years there has been a substantial increase in Act 2004. Accordingly, my Department has \ requested the Parliamentary Affairs Division of funding so that now over 12 million is provided the Executive to arrange to have this matter annually for the provision of such services. Since investigated and to have a reply issued directly to the enactment of the Health Act 2004, the distri- the Deputy. bution of this funding is now a matter for the Health Services Executive. Accordingly, my Department has requested the Parliamentary Medical Aids and Appliances. Affairs Division of the Executive to arrange to 190. Mr. J. Breen asked the Ta´naiste and Mini- have this matter investigated and to have a reply ster for Health and Children if she will supply, as issued directly to the Deputy. a matter of urgency, a defibrillator machine to a centre (details supplied); and if she will make a Health Services. statement on the matter. [22425/06] 193. Mr. Stanton asked the Ta´naiste and Mini- Minister of State at the Department of Health ster for Health and Children the amount avail- and Children (Mr. S. Power): The Task Force on able in 2005 in each of the Health Service Execu- Sudden Cardiac Death, whose report “Reducing tive areas to enable home care to be made the Risk: A Strategic Approach” was published in available to people suffering from dementia and March 2006, recognises the need for early cardi- Alzheimer’s disease; the number of people in opulmonary resuscitation. Overall responsibility each of these areas who benefitted from such for implementation of the report’s recom- home care packages; the extra amount and the mendations has been assigned to the Health total amount being made available in 2006 in each Service Executive. Accordingly, my Department HSE area in this regard; the number of people has requested the Parliamentary Affairs Division availing of these services in 2006 in each area; the of the Executive to arrange to have this matter number of people waiting for a service in each investigated and to have a reply issued directly to area; and if she will make a statement on the the Deputy. matter. [22433/06]

Hospital Waiting Lists. Minister of State at the Department of Health 191. Mr. Ferris asked the Ta´naiste and Minister and Children (Mr. S. Power): The Ta´naiste has \ for Health and Children the reason a person allocated 30 million for the provision of Home (details supplied) in County Kerry has been wait- Care Packages in 2006, and a further \25 million ing two years for a hernia operation at Kerry for the Scheme in 2007. The 2006 Budget allo- General Hospital. [22426/06] cation will provide an additional 2,000 extra Home Care Packages in 2006, to be introduced Ta´naiste and Minister for Health and Children on a phased basis, with the majority of the pack- (Ms Harney): The Deputy’s question relates to ages to be commenced in the second half of 2006. the management and delivery of health and per- The HSE has advised that 249 new home care sonal social services, which are the responsibility packages were commenced in the first quarter of of the Health Service Executive under the Health 2006. They are available to older people, based 885 Questions— 13 June 2006. Written Answers 886 on assessed need, and do not distinguish between services for people with autism; and if she will those with and without dementia. make a statement on the matter. [22457/06] The Deputy’s question relates to the manage- ment and delivery of health and personal social Minister of State at the Department of Health services, which are the responsibility of the and Children (Mr. T. O’Malley): Since the late Health Service Executive under the Health Act 1990s, a number of parents of children with 2004. Accordingly, the Department has requested autism have taken High Court cases to obtain the Parliamentary Affairs Division of the Execu- specific educational services for their children. tive to arrange to have this matter investigated Since 2000, my Department has been involved in and to have a reply issued directly to the Deputy. approximately 145 cases in which applicants are seeking access to such appropriate education services. In cases involving children with dis- Services for People with Disabilities. abilities this also includes, on occasion, access to 194. Dr. Cowley asked the Ta´naiste and Mini- appropriate health related supports. ster for Health and Children the amount the The cost to my Department, excluding the costs Government is spending on defending cases of the State defence which is borne by the Office brought by relatives of autistic people on account of the Chief State Solicitor, in each of the years of the Governments failure to provide adequate since 2000 was as follows:

2000 2001 2002 2003 2004 2005

\\\\\\ Legal Costs Nil Nil 2,492,579 1,339,660 2,741,436 Settlements Nil 4,739 438,450 297,106 297,181 290,987 Total Nil 4,739 438,450 2,789,685 1,636,841 3,032,423

It should be noted that these figures do not ning and delivery of health and personal social include the costs of staff involved in responding services and education services for people with to these cases or the costs to other State bodies disabilities. The Multi-Annual Investment Prog- involved in these cases. ramme published by the Government in These cases allege a failure on behalf of the December 2004 as part of the National Disability State to provide for an appropriate education as Strategy contained details of specific commit- provided for in the Constitution. While these ments in relation to the provision of specific high cases are mainly taken by parents of children with priority disability services over the period 2006 to autism, there are also a number of cases relating 2009. The programme, together with the to ADHD, intellectual and physical and sensory enhancement of other key support services, is a disabilities. The Deputy should note that my key factor in building the additional capacity Department is not specifically named as a defend- required to put in place the new framework pro- ant in all of these cases but is involved due to the vided for in the Disability Act and the Education role of my Department in the formulation and for Persons with Special Educational Needs Act. development of policy in respect of the provision The funding provided for in the National Dis- of healthcare and support services. The Health \ Act 2004 provided for the creation of the Health ability Strategy amounts to 900 million over the Service Executive (HSE) which was established period 2006 to 2009. In addition to the costs on 1 January, 2005. Pursuant to the Health Act, associated with this programme which amount to \ \ 2004, the HSE has the responsibility to manage 59 million in 2006, a further additional 41 mil- and deliver or arrange to be delivered on its lion is being provided this year, the bulk of which behalf, health and personal social services. This will be used to enhance the level and range of includes responsibility for all health related sup- multidisciplinary support services available to ports. As such, my Department does not have adults and children with intellectual, physical and responsibility in relation to the provision of sensory disabilities, autism and mental illness, services to individuals. In a number of the cases with a priority on enhancing the assessment and the Health Service Executive is also named as a support services for children with disabilities. co-defendant. I am satisfied that the level of investment in As the Deputy is aware there has been signifi- disability services demonstrates that the Govern- cant progress made over the past number of years ment is committed to the provision of appropriate in relation to enhancing and developing services services to enhance capacity within the health for people with disabilities. An integral part of services in order to deliver on the various legislat- the National Disability Strategy is the implemen- ive provisions contained in the National Dis- tation of two major legislative measures — the ability Strategy. This includes continued enhance- Disability Act 2005 and the Education for Per- ments to services to allow children with sons with Special Educational Needs Act 2004 disabilities participate in the education system. both of which provide a framework for the plan- 887 Questions— 13 June 2006. Written Answers 888

Special Educational Needs. Ta´naiste and Minister for Health and Children (Ms Harney): Data on out-patient waiting times 195. Mr. Connolly asked the Ta´naiste and are not collated nationally by my Department. Minister for Health and Children the reason an The management of out-patient waiting lists and agreement to increase the pay of workers with waiting times is, in the first instance, a matter for the National Learning Network negotiated in the Health Service Executive and the individual 2001 has not been implemented by the Health ´ hospitals concerned. Service Executive north east region and FAS; the However, in 2005 I asked the National Treat- reason a further ruling in 2005 by the Labour ment Purchase Fund (NTPF) to examine the Court recommending that the increase be paid needs of patients waiting longest on out-patient ´ has been ignored by both the HSE and FAS, five waiting lists. As a result, the NTPF set up a years after the increase was negotiated; her views number of out-patient pilot projects around the on whether the HSE have acted honourably in country. The outcome was that over 4,400 per- this situation; and if she will make a statement on sons, who had been waiting longest in a number the matter. [22458/06] of specialties, received consultations at out-pati- ent level in private hospitals. The NTPF intends Minister of State at the Department of Health to expand their out-patient initiative in 2006 and and Children (Mr. T. O’Malley): The National the Fund has asked for proposals from hospitals Learning Network (NLN) is a private sector in this regard. Company which is contracted by the Health Service Executive (HSE), amongst others, to Health Services. provide services to people with disabilities. The contractual arrangement between NLN and the 198. Mr. McGuinness asked the Ta´naiste and HSE is a matter for the parties themselves. Minister for Health and Children if she will However, I understand that arrangements are expedite the provision of home aids in the case of a person (details supplied) in County Kilkenny; currently being made to address the matter if occupational therapy will be provided for the referred to by the Deputy. person; and if she will make a statement on the matter. [22622/06] Services for People with Disabilities. 196. Mr. Kehoe asked the Ta´naiste and Mini- Minister of State at the Department of Health ster for Health and Children the services which and Children (Mr. S. Power): The Deputy’s ques- are being provided for teenagers who have autism tion relates to the management and delivery of spectrum disorder in Kilkenny City; if she will health and personal social services, which are the confirm that the Kilkenny Autism Team social responsibility of the Health Service Executive worker only works for one day a week; her plans under the Health Act 2004. Accordingly, the to expand this service and if parents who are Department has requested the Parliamentary Affairs Division of the Executive to arrange to forced to go down the route of a private psycho- have this matter investigated and to have a reply logical assessment are entitled to a refund of fees issued directly to the Deputy. for same. [22618/06] 199. Caoimhghı´nO´ Caola´in asked the Ta´naiste Minister of State at the Department of Health and Minister for Health and Children if she will and Children (Mr. T. O’Malley): The Deputy’s establish the full facts regarding the case of a per- question relates to the management and delivery son (details supplied) in County Monaghan; the of health and personal social services, which are changes in protocols which have been introduced the responsibility of the Health Service Executive for the general practitioner out of hours service under the Health Act 2004. Accordingly, my in the north-east as a result of this case; and if she Department has requested the Parliamentary will make a statement on the matter. [22632/06] Affairs Division of the Executive to arrange to have this matter investigated and to have a reply Ta´naiste and Minister for Health and Children issued directly to the Deputy. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Hospital Waiting Lists. sonal social services, which are the responsibility 197. Mr. Stanton asked the Ta´naiste and Mini- of the Health Service Executive under the Health Act 2004. Accordingly, my Department has ster for Health and Children the number of public requested the Parliamentary Affairs Division of patients waiting for initial appointments with con- the Executive to arrange to have this matter sultants in order to be assessed for possible elec- investigated and to have a reply issued directly to tive surgical procedures such as hip operations; the Deputy. the longest and average amount of time that people are waiting; the measures that she intends to put in place to speed up the process; and if she Nursing Home Subventions. will make a statement on the matter. [22619/06] 200. Ms Shortall asked the Ta´naiste and Mini- 889 Questions— 13 June 2006. Written Answers 890 ster for Health and Children the reason a person Hospital Waiting Lists. (details supplied) in Dublin 24 must pay for their 203. Mr. Kenny asked the Ta´naiste and Mini- keep in a nursing home but only receive subven- ster for Health and Children the number of eld- \ tion of 76.35 per week in view of the fact that erly people on waiting lists for occupational ther- they do not own any property; if she will request apy services in Dublin City by area; and if she that the subvention amount be altered in view of will make a statement on the matter. [22670/06] this fact and the person’s medical condition; and if she will make a statement on the matter. Minister of State at the Department of Health [22646/06] and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of Minister of State at the Department of Health health and personal social services, which are the and Children (Mr. S. Power): The Deputy’s ques- responsibility of the Health Service Executive tion relates to the management and delivery of under the Health Act 2004. Accordingly, the health and personal social services, which are the Department has requested the Parliamentary responsibility of the Health Service Executive Affairs Division of the Executive to arrange to under the Health Act 2004. Accordingly, the have this matter investigated and to have a reply Department has requested the Parliamentary issued directly to the Deputy. Affairs Division of the Executive to arrange to have this matter investigated and to have a reply National Treatment Purchase Fund. issued directly to the Deputy. 204. Mr. Kenny asked the Ta´naiste and Mini- ster for Health and Children if the National Hospital Services. Treatment Purchase Fund has accessed beds in Blanchardstown Hospital; if so, the number in 201. Dr. Upton asked the Ta´naiste and Mini- each of the past three years; and if she will make ster for Health and Children the reason a person a statement on the matter. [22671/06] (details supplied) in Dublin 12 referred from one hospital to another for a scan has been waiting 205. Mr. Kenny asked the Ta´naiste and Mini- since February 2006; and if she will make a state- ster for Health and Children if the National ment on the matter. [22647/06] Treatment Purchase Fund has accessed beds in James Hospital; if so, the number in each of the Ta´naiste and Minister for Health and Children past three years; and if she will make a statement (Ms Harney): The Deputy’s question relates to on the matter. [22672/06] the management and delivery of health and per- sonal social services, which are the responsibility 206. Mr. Kenny asked the Ta´naiste and Mini- of the Health Service Executive under the Health ster for Health and Children if the National Act 2004. Accordingly, my Department has Treatment Purchase Fund has accessed beds in requested the Parliamentary Affairs Division of Beaumont Hospital; if so, the number in each of the Executive to arrange to have this matter the past three years; and if she will make a state- investigated and to have a reply issued directly to ment on the matter. [22673/06] the Deputy. 207. Mr. Kenny asked the Ta´naiste and Mini- ster for Health and Children if the National Proposed Legislation. Treatment Purchase Fund has accessed beds in 202. Mr. Naughten asked the Ta´naiste and Tallaght Hospital; if so, the number in each of the Minister for Health and Children the status of the past three years; and if she will make a statement pharmacy bill one and two; when she intends to on the matter. [22674/06] publish them; and if she will make a statement on the matter. [22648/06] Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. Ta´naiste and Minister for Health and Children 204 to 207, inclusive, together. The National Treatment Purchase Fund (Ms Harney): Government approval was given on (NTPF) was established as one of the key actions 2nd May 2006 to the draft heads and general for dealing with public hospital waiting lists aris- scheme of the first Pharmacy Bill and these have ing from the 2001 Health Strategy. The NTPF now been forwarded to the Parliamentary Coun- purchases procedures for public patients pre- sel’s office for priority drafting. I have, with dominantly from private hospitals in Ireland. The Government approval, circulated a copy of this Strategy envisaged that the NTPF might also document to the opposition spokespersons on make use of any capacity within public hospitals Health. I have also arranged for my officials to to arrange treatment for public patients. It was provide a copy to the Pharmaceutical Society of recognised that during the start-up phase of the Ireland and the Irish Pharmaceutical Union. Fund, the use of public capacity could account for Work will commence on the second Bill as soon up to 30% of total NTPF activity, once public as the first Bill has been completed. core service planned activity was not compro- 891 Questions— 13 June 2006. Written Answers 892

[Ms Harney.] is superannuated under the Local Government mised. In June 2005 my Department advised (Superannuation) (Consolidation) Scheme — S.I. NTPF that use by the Fund of public facilities 455 of 1998 (LGSS). The superannuation benefits should be limited to 10% of its total referrals of permanent officers ceasing to hold office is for treatment. covered under section 70 and 71 of the Scheme. My Department has asked the Acting Chief Benefits of those on fixed term contracts are pro- Executive of the Fund to respond to the Deputy vided for under Section 78 of the Scheme and in relation to the detailed information requested. entitlements include immediate pension, retire- ment lump sum, 26 weeks severance gratuity, and Health Services. added years (subject to maximum of ten years). Membership of the staff superannuation scheme 208. Mr. Kenny asked the Ta´naiste and Mini- is mandatory for all staff. Therefore in the normal ster for Health and Children the number of chil- course of events the benefits outlined above dren on a waiting list to have a tonsillectomy in would have been payable to all of the CEOs on Tallaght Hospital; and if she will make a state- retirement or completion of contract. ment on the matter. [22675/06] In addition , following discussions under the auspices of Mr. Finbarr Flood, acting as Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Mediator, exit terms were to be supplemented the management and delivery of health and per- as follows: sonal social services, which are the responsibility 1. a once-off payment of \10,000 to all CEOs of the Health Service Executive under the Health in recognition of the legal duties and functions Act 2004. Accordingly, my Department has of the chairpersons and members of the Health requested the Parliamentary Affairs Division of Boards having been statutorily assigned to the Executive to arrange to have this matter them during the period 1st July 2004 to 31st investigated and to have a reply issued directly to December 2004, the Deputy. 2. a re-training grant of up \10,000 to be paid on basis of vouched expenditure, 209. Mr. Ring asked the Ta´naiste and Minister for Health and Children the reason the Health 3. an ex gratia payment equivalent to six Service Executive have not yet responded to months’ gross salary. Parliamentary Question No. 162 of 9 May 2006 Proposals 2 and 3 applied to those CEOs who regarding the review board on Orthodontic requested to leave the HSE by 1st July 2005. Services in Ireland; and if she will investigate this These proposals were put forward by the matter and ensure that a reply issues without Mediator on the basis of the uniqueness of the delay. [22696/06] position of the CEOs within the context of the abolition of the Health Boards and the transition Ta´naiste and Minister for Health and Children to the HSE structures under the Government’s (Ms Harney): My Department has been informed health service reform programme, and also the by the Health Service Executive that a response leading role played by the CEOs in facilitating has issued in respect of the matter raised by the the transfer of accountability and ensuring a safe Deputy in Parliamentary Question No.162 of 9 passage to the new structures. May 2006. Ten of the twelve former CEO’s opted to exit Question No. 210 answered with Question the system (nine on contract and one permanent No. 177. post holder (who had full service)). One former CEO who has a permanent post is now in employment in the HSE and the remaining con- Health Service Staff. tract post holder has opted to finish out his con- 211. Mr. Wall asked the Ta´naiste and Minister tract of employment. The costs of such payments for Health and Children further to Parliamentary were administered by the Health Service Execu- Question No. 180 of 24 May 2006 the position of tive and I understand that the total cost of provid- the Chief Executive Officers of the health boards; ing superannuation benefits and ex gratia was in if the persons involved are within the employ- the region of \3.4 million. I have asked the HSE ment of the Health Service Executive; if not, if to notify the Deputy of the exact figure in due there were redundancy or severance payments course. made; the cost of such payments; and if she will make a statement on the matter. [22728/06] 212. Mr. Stagg asked the Ta´naiste and Mini- ster for Health and Children the number of public Ta´naiste and Minister for Health and Children health nurses employed in the health service in (Ms Harney): On 31 December 2004, there were County Mayo in each of the years from 1997 to twelve post holders in the system at the level of 2005 and to date in 2006. [22729/06] Chief Executive Officer: two on permanent con- tracts and ten on fixed term contracts. Employ- Ta´naiste and Minister for Health and Children ment in the Health Boards/ERHA/Area Boards (Ms Harney): The Deputy’s question relates to 893 Questions— 13 June 2006. Written Answers 894 the management and delivery of health and per- help hours allocated in County Louth for each sonal social services, which are the responsibility year since 2001; the number of persons benefiting of the Health Service Executive under the Health in each year; the budget allocated in each year in Act, 2004. Accordingly, my Department has County Louth; if the allocation was used in each requested the Parliamentary Affairs Division of year; and if she will make a statement on the the Executive to arrange to have the matter matter. [22769/06] investigated and have a reply issued directly to the Deputy. Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Adoption Services. tion relates to the management and delivery of health and personal social services, which are the 213. Mr. Carey asked the Ta´naiste and Minister responsibility of the Health Service Executive for Health and Children if her attention has been under the Health Act 2004. Accordingly, the drawn to the fact that adoptive parents have to Department has requested the Parliamentary wait three to four years to have the assessment of Affairs Division of the Executive to arrange to their applications completed; and if she will make have this matter investigated and to have a reply a statement on the matter. [22730/06] issued directly to the Deputy.

Minister of State at the Department of Health Hospital Services. and Children (Mr. B. Lenihan): The Deputy’s question relates to the management and delivery 216. Mr. O’Dowd asked the Ta´naiste and Mini- of health and personal social services, which are ster for Health and Children the matters dis- the responsibility of the Health Service Executive cussed and the directions given in relation to the (HSE) under the Health Act 2004. Accordingly, acute hospitals in County Louth by hospital in the my Department has requested the Parliamentary Dublin North area at a meeting of the Health Affairs Division of the Executive to arrange to Service Executive held in Parkgate Street on 27 have this matter investigated and to have a reply April 2006; the persons who were present; the issued directly to the Deputy. result of the teleconference on this matter on 4 The Government did allocate \1 million to the May 2006 and the decisions made; and if she will HSE in additional ongoing funding commencing make a statement on the matter. [22770/06] in 2005 to assist in tackling intercountry adoption waiting times. I understand that this additional Ta´naiste and Minister for Health and Children funding is being used to pilot measures which (Ms Harney): The Deputy’s question relates to will, for example, allow for more flexible working the management and delivery of health and per- arrangements within the HSE with a view to sonal social services, which are the responsibility addressing waiting times. The registered Adop- of the Health Service Executive under the Health tion Society, PACT, has also received significant Act 2004. Accordingly, my Department has additional funding to allow them to expand their requested the Parliamentary Affairs Division of intercountry adoption services. the Executive to arrange to have this matter investigated and to have a reply issued directly to Hospital Waiting Lists. the Deputy. 214. Ms Enright asked the Ta´naiste and Mini- Waste Management. ster for Health and Children the reason a person (details supplied) in County Offaly has been on 217. Mr. O’Dowd asked the Ta´naiste and Mini- the waiting list for over two years for a hip ster for Health and Children the amount spent replacement; when this person can expect an in each year since 2002 in waste management in appointment for the operation; and if she will County Louth by the Health Service Executive; make a statement on the matter. [22768/06] the amount projected to be spent in 2006; the details and expected costs and savings of the pro- Ta´naiste and Minister for Health and Children posed new recycling programme in County (Ms Harney): The Deputy’s question relates to Louth; and if she will make a statement on the the management and delivery of health and per- matter. [22771/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Deputy’s question relates to requested the Parliamentary Affairs Division of the management and delivery of health and per- the Executive to arrange to have this matter sonal social services, which are the responsibility investigated and to have a reply issued directly to of the Health Service Executive under the Health the Deputy. Act 2004. This includes responsibility for waste management in the health service in Louth. Accordingly, my Department is requesting the Health Services. Parliamentary Affairs Division of the Executive 215. Mr. O’Dowd asked the Ta´naiste and Mini- to arrange to have this matter investigated and to ster for Health and Children the number of home have a reply issued directly to the Deputy. 895 Questions— 13 June 2006. Written Answers 896

Health Services Funding. Health Services 218. Mr. O’Dowd asked the Ta´naiste and Mini- 221. Mr. O’Dowd asked the Ta´naiste and ster for Health and Children the technical adjust- Minister for Health and Children the impact the ments made to the acute hospital budget for the proposed cutbacks in the budget of the Lourdes Louth County Hospital and Lourdes Hospital, Hospital, Drogheda will have on immediately Drogheda for each of the past three years to date implementing the proposals made by Judge in 2006; and if she will make a statement on the Harding Clarke; and if she will make a statement matter. [22772/06] on the matter. [22775/06]

Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- the management and delivery of health and per- sonal social services, which are the responsibility sonal social services, which are the responsibility of the Health Service Executive under the Health of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of requested the Parliamentary Affairs Division of the Executive to arrange to have this matter the Executive to arrange to have this matter investigated and to have a reply issued directly to investigated and to have a reply issued directly to the Deputy. the Deputy. 222. Mr. O’Dowd asked the Ta´naiste and Mini- Health Services Staff. ster for Health and Children the amount spent by Louth County Hospital and Lourdes Hospital, 219. Mr. O’Dowd asked the Ta´naiste and Drogheda on new items of medical and surgical Minister for Health and Children the details of supplies for each year since 2002; and if she will all pending posts for acute hospitals in County make a statement on the matter. [22776/06] Louth, by hospital and the expected savings expected as a result, which have been placed on Ta´naiste and Minister for Health and Children hold with immediate effect by the Health Service (Ms Harney): The Deputy’s question relates to Executive; the amount of time these posts have the management and delivery of health and per- been vacant; the number of patient services sonal social services, which are the responsibility affected as a result; the number of individual of the Health Service Executive under the Health patients to be affected; the expected number of Act 2004. Accordingly, my Department has patients who will have to travel outside the region requested the Parliamentary Affairs Division of as a result; and if she will make a statement on the Executive to arrange to have this matter the matter. [22773/06] investigated and to have a reply issued directly to the Deputy. 220. Mr. O’Dowd asked the Ta´naiste and Mini- ster for Health and Children the details of all new Hospital Services. development posts on hold for acute hospitals in 223. Mr. O’Dowd asked the Ta´naiste and County Louth, by hospital, which have now been Minister for Health and Children the actions pro- placed on hold with immediate effect by the posed by the directors of nursing in Louth County Health Service Executive; the reasons these new Hospital and Lourdes Hospital, Drogheda to development posts were agreed on initially; the initiate review of equipment being rented; the cost of same; the expected impact on services, items which have been identified; the rentals patient services and the number of individual which will cease immediately; and if she will patients to be affected; the expected number of make a statement on the matter. [22777/06] patients who will have to travel outside the region as a result; and if she will make a statement on Ta´naiste and Minister for Health and Children the matter. [22774/06] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- sonal social services, which are the responsibility Ta´naiste and Minister for Health and Children of the Health Service Executive under the Health (Ms Harney): I propose to take Questions Nos. Act 2004. Accordingly, my Department has 219 and 220 together. requested the Parliamentary Affairs Division of The Deputy’s questions relate to the manage- the Executive to arrange to have this matter ment and delivery of health and personal social investigated and to have a reply issued directly to services, which are the responsibility of the the Deputy. Health Service Executive under the Health Act 2004. Accordingly, my Department has requested 224. Mr. O’Dowd asked the Ta´naiste and the Parliamentary Affairs Division of the Execu- Minister for Health and Children the cost for tive to arrange to have these matters investigated each year since 2002 for laboratory testing being and to have a reply issued directly to the Deputy. processed in private laboratories for acute 897 Questions— 13 June 2006. Written Answers 898 hospitals in County Louth; the way in which this pneumococcal meningitis; and if she will make a testing will be carried out as a result of acute statement on the matter. [22828/06] hospital cutbacks proposed in Louth County Hospital and Lourdes Hospital, Drogheda. Ta´naiste and Minister for Health and Children [22778/06] (Ms Harney): The inclusion of the pneumococcal vaccine in the Primary Childhood Immunisation Ta´naiste and Minister for Health and Children Programme is being considered by the National (Ms Harney): The Deputy’s question relates to Immunisation Advisory Committee as part of its the management and delivery of health and per- review of the immunisation guidelines. No sonal social services, which are the responsibility decision has yet been reached. My Department of the Health Service Executive under the Health and the Health Service Executive will be guided Act 2004. Accordingly, my Department has by the expert advice from the NIAC in this requested the Parliamentary Affairs Division of regard. the Executive to arrange to have this matter investigated and to have a reply issued directly to Ministerial Responsibilities. the Deputy. 228. Mr. P. McGrath asked the Ta´naiste and Minister for Health and Children the functions 225. Mr. O’Dowd asked the Ta´naiste and Mini- which have, since the last general election, been ster for Health and Children the way in which she delegated to Ministers of State at her Department intends to reduce maintenance costs in the Louth by the Government under powers conferred on it County Hospital, Dundalk and Lourdes Hospital, by Section 2 (1) of the Ministers and Secretaries Drogheda; the expected reduction; and where (Amendment) (No.2) Act 1977; and the statutory maintenance will now be carried out. [22779/06] instrument number of each such order. [22830/06] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Ta´naiste and Minister for Health and Children the management and delivery of health and per- (Ms Harney): Since the last general election the sonal social services, which are the responsibility following functions have been delegated to Mini- of the Health Service Executive under the Health sters of State at this Department under powers Act 2004. Accordingly, my Department has conferred on it by Section 2 (1) of the Ministers requested the Parliamentary Affairs Division of and Secretaries (Amendment)(No. 2) Act 1977. the Executive to arrange to have this matter The following functions were delegated when investigated and to have a reply issued directly to my predecessor Minister Michea´l Martin was the Deputy. Minister for Health and Children.

226. Mr. O’Dowd asked the Ta´naiste and To Minister of State Ivor Callely. SI Number 651 of 2002 Minister for Health and Children the process of refers (Previous SI Number 599) MRSA cohorting which will be introduced in Sections 6,7 and 10 of the Health (Nursing Homes) Act, 1990 Louth County Hospital and the Lourdes (No. 23 of 1990). Hospital, Drogheda; the number of patients who were placed in private rooms or otherwise for To Minister of State Brian Lenihan. SI Number 650 of 2002 each year since 2002; the number of patients who refers (Previous SI Number 600) were placed with other patients sharing private Adoption Acts, 1952 to 1998; rooms; the expected saving for each hospital; and Children Acts 1908 to 1989; if she will make a statement on the matter. Child Care Act, 1991 (No. 17 of 1991); [22780/06] Protections for Person Reporting Child Abuse Act, 1998 (No. 49 of 1998); Ta´naiste and Minister for Health and Children Children Act, 2001 (No. 24 of 2001). (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- To Minister of State Tim O’Malley. SI Number 652 of 2002 sonal social services, which are the responsibility refers (Previous SI Number 601) of the Health Service Executive under the Health Section 5 and Part V of the Health Act, 1947 (No. 28 of 1947) Act 2004. Accordingly, my Department has Sections 5, 20 and 51 of the Food Safety Authority of Ireland requested the Parliamentary Affairs Division of Act, 1998 (No. 29 of 1998) the Executive to arrange to have this matter Food Standards Act, 1974 (No. 11 of 1974) investigated and to have a reply issued directly to Sale of Food and Drugs Acts, 1875 to 1936 the Deputy. Milk and Dairies Acts, 1935 to 1988 Part VIII of the Mental Treatment Act, 1945 (No. 19 of 1945) Sections 41 of the Mental Treatment Act, 1961 (No. 7 of 1961) Vaccination Programme. Section 4 of the Health (Miscellaneous Provisions) Act, 2001 227. Mr. Durkan asked the Ta´naiste and Mini- (No. 14 of 2001) ster for Health and Children if she has considered Mental Health Act, 2001 (No. 25 of 2001) offering routine immunisation of babies against Section 65 of the Health Act 1953 (No 26 of 1953) 899 Questions— 13 June 2006. Written Answers 900

[Ms Harney.] Contingency Planning (Health Protection); Section 26, 59, 61, 69, 71 and 72 of the Health Act 1970 (No Matters relating to the development of services for older 1 of 1970). people throughout the country; Matters relating to the development of Palliative Care To Minister of State Brian Lenihan. SI Number 474 of 2003 services throughout the country. Adoption Acts, 1952 to 1998; Children Acts 1908 to 1989; Flood Relief. Child Care Act, 1991 (No. 17 of 1991); Protections for persons Reporting Child Abuse Act, 1998 (No. 229. Mr. Durkan asked the Minister for Fin- 49 of 1998); ance the state of discussions or negotiations Children Act, 2001 (No. 24 of 2001); between his Department and Kildare County Ombudsman for Children Act, 2002 (No. 22 of 2002). Council with a view to the permanent resolution of the flooding at Mill Lane, Leixlip, County Since I became Minister for Health and Chil- Kildare; and if he will make a statement on the dren the following functions have been delegated. matter. [22808/06] Minister of State at the Department of Finance To Minister of State Brian Lenihan. SI Number 842 of 2004 (Mr. Parlon): I would refer the Deputy to my refers reply of the 4th May outlining the position in Adoption Acts 1952 to 1998 relation to flooding at Leixlip. As I indicated in Children Acts 1908 to 1989 that reply, the Commissioners of Public Works Child Care Act 1991 (No. 17 of 1991) are willing to provide funding to Kildare County Protections for Persons Reporting Child Abuse Act 1998 (No. Council to carry out interim works if they are 49 of 1998) shown to be economically and environmentally Children Act 2001 (No 24 of 2001) sustainable. The permanent solution to the flood- Ombudsman for Children Act 2002 (No. 22 of 2002). ing problem at Mill Lane, Leixlip will be iden- tified in the proposed Rye River Catchment To Minister of State Tim O’Malley. SI Number 843 of 2004 Flood Risk Assessment and Management Plan. refers OPW will consider facilitating interim works if Part VII of the Mental Treatment Act 1945 (No. 19 of 1945) they are necessary, provided they are shown to Sections 41 of the Mental Treatment Act 1961 (No. 7 of 1961) be economically and environmentally sustainable Section 4 of the Health (Miscellaneous Provisions) Act 2001 and reasonably likely to be consistent with the (No. 14 of 2001) recommendations of the Plan. Mental Health Act 2001 (No. 25 of 2001) Section 65 of the Health Act 1953 (No. 26 of 1953) National Monuments. Sections 26,59,61,69,71 and 72 of the Health Act 1970 (No. 1 of 1970). 230. Mr. Durkan asked the Minister for Fin- ance the extent of further restoration works To Minister of State Sea´n Power. SI Number 844 of 2004 planned for Castletown House, Celbridge, refers County Kildare; and if he will make a statement Irish Medicines Board Act, 1995 (No. 29 of 1995) on the matter. [22810/06] Sections 5, 20 and 51 of the Food Safety Authority of Ireland Act, 1998 (No. 29 of 1998) Minister of State at the Department of Finance Food Standards Act, 1974 (No. 11 of 1974) (Mr. Parlon): The present position is that refur- Sale of Food and Drugs Acts, 1875 to 1936 bishment of the entrance gate lodges is well Milk and Dairies Acts, 1935 to 1988 advanced, a contract for upgrading perimeter Tobacco Products (Control of Advertising, Sponsorship and security is scheduled to commence in early Aut- Sales Promotion) Act 1978 umn, a research study commissioned by OPW on Tobacco (Health Promotion and Protection) Act 1988 the structural condition of the main staircase, is Public Health (Tobacco) Acts 2002 and 2004 well advanced and proposals for enhanced secur- Sections 6,7 and 10 of the Health (Nursing Home) Act, 1990. ity measures at the Conolly Folly are progressing. Arising from a request from Kildare County To Minister of State Sea´n Power. SI Number 277 of 2005 Council regarding the provision of some parking refers facilities on Castletown grounds, OPW has sub- The powers and duties of the Minister for Health and Chil- mitted a proposal to Kildare County Council for dren conferred on that Minister of the Government by or consideration. Future proposals include refur- under Section 5 in so far as they relate to Part V of the Health bishment of the farmyard buildings, structural Act 1947 (No. 28 of 1947). works to the Conolly Folly, provision of I have also delegated to Minister of State, Sea´n Power improved visitor reception facilities in the House additional responsibilities on an administrative basis as together with improved vehicular access and follows: additional parking facilities. Health Promotion (including Cardiovascular Strategy and Women’s Health); 231. Mr. Durkan asked the Minister for Fin- Drug Misuse and HIV/AIDS; ance if and when he expects to allocate sufficient 901 Questions— 13 June 2006. Written Answers 902 funds for the restoration of the obelisk at sought to address all these concerns, where Maynooth, County Kildare; and if he will make a appropriate, within the context of the Govern- statement on the matter. [22811/06] ment decision. It is not, however, possible nor appropriate to accept all the points raised by the Minister of State at the Department of Finance industry. We are now in the final stages of the (Mr. Parlon): Proposals for structural works to consultation process which it is expected to be the Conolly Folly including projected costs, are at brought to a close very shortly. We will then be a preliminary stage and the proposals will of proceeding to the next phase of the implemen- course be subject to Planning Permission. The tation which is a comprehensive training prog- question of allocating funds for this project is ramme for public sector practitioners to ensure therefore premature. that the new arrangements are used appropriately across the public sector. Tax Code. 232. Mr. G. Murphy asked the Minister for Fin- Tax Code. ance if an original P21 will be issued to a person 235. Mr. McGuinness asked the Minister for (details supplied) in County Cork. [22338/06] Finance his views on reducing the VAT on court- esy vehicles used by pubs and hotels or exempting Minister for Finance (Mr. Cowen): I have been the vehicles from vehicle registration tax where it advised by the Revenue Commissioners that the is proven that these vehicles are being used in the document referred to issued to the person con- wider campaign to stop drinking and driving; and cerned on 8 June 2006. if he will make a statement on the matter. [22418/06] 233. Mr. Wall asked the Minister for Finance if a person (details supplied) in County Kildare will Minister for Finance (Mr. Cowen): I have no be furnished with a P21 for 2005; and if he will plans to introduce VAT reductions or exemption make a statement on the matter. [22339/06] from Vehicle Registration Tax in respect of courtesy vehicles used by pubs and hotels. Minister for Finance (Mr. Cowen): I have been advised by the Revenue Commissioners that a 236. Mr. Stagg asked the Minister for Finance PAYE balancing statement form P21 for 2005 the reason for the delay in issuing a statement of issued to the taxpayer dated 8 June 2006. tax credits to a person (details supplied) in County Kildare. [22441/06] Public Service Contracts. Minister for Finance (Mr. Cowen): I have been 234. Mr. G. Mitchell asked the Minister for Fin- advised by the Revenue Commissioners that no ance his views on correspondence (details application for a tax credit certificate has been supplied); and if he will make a statement on the received from the person concerned. The per- matter. [22340/06] son’s employer has arranged for the appropriate Minister for Finance (Mr. Cowen): The Form 12A to be completed by him and, following Government in mid 2004 decided to reform con- receipt of the completed form, Revenue will issue struction procurement so as to achieve greater a tax credit certificate to him. cost certainty, better value for money and more cost effective delivery of public works projects. Departmental Properties. My Department, with the assistance of the 237. Mr. Quinn asked the Minister for Finance Government Contracts Committee for Construc- if, further to the undertaking given by the Office tion (GCCC), specialist legal drafters and exter- of Public Works in February 2006 to take nal technical expertise, has developed a suite of remedial action to address excessive air tempera- Standard Forms of Construction Contract and tures in certain party offices in Leinster House Conditions of Engagement for Construction 2000, the action that has been taken to date; the Related Services, e.g. architects, engineers and steps in place to address uncomfortable air tem- quantity surveyors, to give effect to the Govern- perature conditions caused by solar heating and ment decision. heat generated by office equipment; the reason In relation to the Standard Forms of Construc- no action has been taken since this commitment tion Contract I am aware of the concerns raised was given; when action will be taken; if temporary in the correspondence supplied as my officials measures to address the problem are being have had extensive consultations with the con- implemented; and if he will make a statement on struction industry on these and other issues the matter. [22456/06] related to the new Contracts over the last year. During these comprehensive discussions and Minister of State at the Department of Finance communications, the views, comments and con- (Mr. Parlon): The Office of Public Works has cerns of the construction industry, including those arranged for air conditioning to be installed in the in the correspondence supplied have been out- Labour Party Press Room and this work was lined in considerable detail. My officials have completed on the weekend of the 10th June 2006. 903 Questions— 13 June 2006. Written Answers 904

[Mr. Parlon.] view of the fact that they are unable to access In addition to this the Office of Public Works has loans in the normal way; and if he will make a engaged with a specialist contractor with a view statement on the matter. [22645/06] to installing heat-reflecting film on the glazing as a temporary and experimental measure on two Minister for Finance (Mr. Cowen): I propose floors on the south facing fac¸ade in Block A of to take Questions Nos. 239 and 240 together. LH 2000. It is intended that this work should be The Government’s intention to promote com- completed before the end of June 2006. This munity development was originally set out in the satisfies the commitment given in February 2006. Programme for Government. In 2003, Sustaining It should be stated that the original design and Progress highlighted the role of social finance in installation in the building provided some infra- that context. The banks’ indication of willingness structure for local cooling in high gain areas but to contribute seed funding to the social finance it was not possible to utilise this in the Labour initiative was given in response to a specific invi- Press Room due to the lack of available space tation in that regard. The banks have been and so an alternative solution was needed. involved in the development of the concept over time. They participated in the Round Table fol- Dormant Accounts Fund. lowing the publication of the Social Finance in Ireland report in September 2003. There was a 238. Mr. O’Shea asked the Minister for Finance bank representative on the Steering Group that the number of dormant accounts, the proceeds of oversaw the preparation of the In the Common which have been paid into the Dormant Accounts Interest report, which was launched by the Mini- Fund that were opened by Irish exiles residents ster for Finance in November 2004. in the UK; and if he will make a statement on the The bank levy was introduced in the 2003 matter. [22617/06] Budget as a temporary measure for three years and is therefore no longer in effect. There is no Minister for Finance (Mr. Cowen): Under the link between the social finance initiative and the Dormant Accounts Act 2001 and the Unclaimed bank levy. Life Assurance Policies Act 2003, credit insti- Relative to the current scale of social finance tutions and insurance undertakings are required, provision nationwide, \25m represents a very sig- each April, to transfer to the National Treasury nificant volume of resources. This level of fund- Management Agency, all moneys falling dormant ing is aligned to what is expected to be appro- in the previous year. Each credit institution and priate to the next phase of the evolution of social insurance undertaking is also required under the finance provision. My priority is to ensure that legislation to keep a register of their dormant the available resources are applied carefully in a accounts or policies. However, there is no legal focused way with clear objectives, avoiding requirement or business reason for them to com- bureaucracy, and with a view to market testing pile a breakdown based on the country of resi- options for the further development of social dence of the account-holder. The information finance. requested by the Deputy is not, therefore, My Department is continuing to consult with available. the Office of the Attorney General in relation to the legal design of the proposed wholesale sup- Social Finance Fund. plier of social finance. 239. Ms Burton asked the Minister for Finance further to Parliamentary Question No. 115 of 23 Departmental Staff. May 2006 and recent reports in the media, if he 241. Mr. Ring asked the Minister for Finance is disappointed that the banks are investing only the reason the period of delay in the stamping \25 million in the Government social finance office of the Revenue Commissioners in Galway fund in view of the fact that the removal of the has been increasing; his proposals to reduce the bank levy in budget 2006 saved the banks over period of delay to an acceptable period; and if he \100 million in levies; and if he will make a state- will make a statement on the matter. [22654/06] ment on the matter. [22644/06] 242. Mr. Ring asked the Minister for Finance 240. Ms Burton asked the Minister for Finance the staffing levels, at each grade, in the stamping the way in which applicants will be assessed when office of the Revenue Commissioners in Galway applying for a loan in relation to the Govern- for each of the past five years; and his plans to ment’s social finance fund; if community projects increase the staffing levels to ensure that deeds with limited or no direct income from clients will lodged for stamping are completed within a be eligible for loans from this fund; what will hap- reasonable amount of time. [22655/06] pen to community projects that are unable to gen- erate the necessary income to make repayments Minister for Finance (Mr. Cowen): I propose on the loan; if the banks have agreed to an to take Questions Nos. 241 and 242 together. acceptable level of non-repayment to reflect the I am advised by the Revenue Commissioners higher risk category of the community projects in that the reason for the delay in the stamping of 905 Questions— 13 June 2006. Written Answers 906 deeds in the Galway Stamps Office is as a result issue, 3.4 staff were assigned in May of this year. of increasing volumes of business combined with To get the stamping of deeds up to date it is the considerable loss of experienced staff due to planned to assign a further 4 staff when the staff changes, including normal course inter- recruitment process for them is completed. departmental transfers, and long-term sick leave since September 2005. The training-in time of the The following table shows the staff levels at replacement staff was significant due to the nat- each grade in the Galway Stamp Office for the ure of the work. This training was carried out by past five years. The 2006 figure is the current their colleagues in the office, which in turn position and does not reflect the 4 staff men- affected their own output. To address the delay tioned above.

2002 2003 2004 2005 2006

HEO 0.5 0.5 0.4 0.4 0.8 EO 3.0 5.0 5.7 4.7 6.0 SO 0 0 0 0.8 0.8 CO 0.5 2.7 3.0 1.5 5.5

TOTAL 4.0 8.2 9.1 7.4 13.1

As a result of the measures already taken the of reference are set out below in the recent adver- period of delay has begun to drop and once the tisement seeking submissions from the public. additional staff are trained it is expected that the PHOENIX PARK TRAFFIC STUDY Customer Service standard of processing 80% of deeds within 10 working days and 100% within 20 The Phoenix Park is Ireland’s premier National working days will be fully met. The staff resource Historic Park, and Europe’s largest enclosed city applied will fall to be reviewed on an ongoing park. It is widely recognised as a valuable amen- basis to ensure that the level of service is ity resource and a major environmental lung for maintained. Dublin City. On the other hand there are compet- ing demands arising from increased development Decentralisation Programme. and traffic congestion in Dublin city. As a result the Phoenix Park faces a number of challenges in 243. Mr. G. Murphy asked the Minister for Fin- ensuring it remains a sustainable, highly valued, ance his views on the proposed re-locating of and safe recreational and amenity area. Against Teagasc headquarters in Kanturk County Cork this background the Commissioners of Public and closing the office in the James O’Keeffe Works (custodians of the Phoenix Park) have Institute in Newmarket in view of the decentralis- commissioned Faber Maunsell Consulting Engin- ation programme. [22727/06] eers to carry out a comprehensive Traffic Study of the Phoenix Park. The study will address the Minister for Finance (Mr. Cowen): Teagasc is growing pressures on existing Phoenix Park infra- an agency under the aegis of the Department of structure and develop proposals designed to pro- Agriculture and Food. This relocation of Teagasc tect the Phoenix Park and all its users, both now to Kanturk is not part of the Decentralisation and for the future, while making every effort to Programme as announced in December 2003. I facilitate through traffic. The study will analyse have asked my colleague, the Minister for Agri- current and future projected commuting patterns, culture and Food, to respond to the Deputy road safety issues and traffic management pro- directly. posals. It will examine the potential for public transport and road safety improvements. Pro- National Parks. posals will be made for the long term manage- ment and monitoring of traffic in the Phoenix 244. Ms Burton asked the Minister for Finance Park, in keeping with the objectives of the the position in relation to the report/review of the Phoenix Park Management Plan. The study Phoenix Park; the terms of reference of the con- involves a public consultation process with sultants and the estimated cost of the consultancy; interested parties, which will take place over the when they are expected to report, and to whom; coming weeks. Interested parties are invited to and if he will make a statement on the matter. make submissions of direct relevance to the study [22802/06] to Faber Maunsell Consulting Engineers by post or e-mail to the addresses below. The final date Minister of State at the Department of Finance for receipt of submissions is Friday 5th May 2006. (Mr. Parlon): The Commissioners of Public [email protected],MsBevin Works expect to receive the report from the con- McFadden, Senior Consultant, Faber Maunsell sultants, at the end of this month. The total esti- Consulting Engineers, The Malt House, First mated cost of the report is c.\40,000. The terms Floor, North Block, Grand Canal Quay, Dublin 907 Questions— 13 June 2006. Written Answers 908

[Mr. Parlon.] Minister of State at the Department of 2. The Commissioners of Public Works are subject Communications, Marine and Natural Resources to the provisions of the Freedom of Information (Mr. Browne): As I outlined in my reply to Ques- Act, 1997. tion No. 274 of 28 February 2006, the expenditure incurred under the Tourism and Recreational Ministerial Responsibilities. Angling Measure (TRAM) of the National Development Plan (2000-2006) to the end of 2002 245. Mr. P. McGrath asked the Minister for was \504,025 for the BMW region. There was no Finance the functions which have, since the last expenditure in 2003, 2004 or 2005 and no expen- general election, been delegated to Ministers of diture has been provided for the measure in the State at his Department by the Government Department’s budget for 2006. under powers conferred on it by Section 2 (1) of The mid term review of the NDP by the ESRI the Ministers and Secretaries (Amendment) (No. concluded that the external environment with 2) Act 1977; and the statutory instrument number regard to the tourist sector had deteriorated to an of each such order. [22831/06] extent where the likely return to further invest- ment in the sector was unlikely to have high Minister for Finance (Mr. Cowen): Since the returns. As a result funding for TRAM was last general election in May 2002 there has been diverted to higher priority tourism projects. no delegation of functions to the Minister of State at the Department of Finance under Section 2(1) Fisheries Conservation. of the Ministers and Secretaries (Amendment) (No. 2) Act, 1977 of any of the statutory powers 248. Mr. O’Shea asked the Minister for of the Minister for Finance. Communications, Marine and Natural Resources if he is satisfied that the independent group Departmental Staff. appointed to examine the implications of the full alignment with the scientific advice for the 2007 246. Mr. Naughten asked the Minister for salmon season, intends to consult broadly enough Communications, Marine and Natural Resources with all stakeholders in the sector; and if he will the reason for the delay in transferring the make a statement on the matter. [22440/06] accounts branch of his Department in Castlebar to the Road Safety Authority in Ballina; and if he Minister of State at the Department of will make a statement on the matter. [22358/06] Communications, Marine and Natural Resources (Mr. Browne): Arising from my undertaking to Minister for Communications, Marine and follow the recommendations of the Standing Natural Resources (Mr. N. Dempsey): There is Scientific Committee of the National Salmon no proposal to transfer my Department’s Commission to fully align the management of the Accounts Branch in Castlebar to the Road Safety fishery with their scientific advice for 2007, I Authority. I presume that the Deputy may be established the Independent Group, to which the referring to the transfer of a number of corporate Deputy refers, to examine the implications for the support posts from my Department to the commercial sector in 2007 and beyond. Department of Transport in connection with the The Group will make recommendations on the earlier transfer to that Department of the former options available to address any financial hard- Maritime Transport and Maritime Safety func- ship arising for individuals involved in commer- tions of my Department. In this regard, I am cial salmon fishing from full compliance with the advised that four members of the Accounts scientific advice for 2007. I have previously Branch staff in Castlebar have volunteered to described the specific remit of the Independent transfer to the Department of Transport with a Group to the House, which requires them, inter view to their subsequent re-designation as alia, to draw on the reports already generated employees of the Road Safety Authority. My through the National Salmon Commission, by the Department’s officials are involved in discussions National Fisheries Managers Executive and the with their Department of Transport counterparts Standing Scientific Committee and engage in to finalise an appropriate effective date for these appropriate consultation with relevant transfers. stakeholders. I understand that the group placed advertise- Inland Fisheries. ments in the media last April inviting submissions from interested parties. The closing date for sub- 247. Ms Harkin asked the Minister for missions is 30th June 2006. I am also advised that Communications, Marine and Natural Resources the group has taken a number of meetings with the amount which has been spent in the Border stakeholder representatives. I expect that this Midland Western region since the beginning of approach will allow for an appropriate level of the National Development Plan under sub- consultation with all stakeholders in the sector. measure tourism and recreational angling; and if The independent group is continuing its work and any of this money has been reallocated to other is expected to present its report to me in programmes. [22419/06] September 2006. 909 Questions— 13 June 2006. Written Answers 910

Foreshore Licences. John Browne [4] Lapsed on his transfer to Department of Agriculture and Food; 1. 249. Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Delegation of Ministerial Functions) Order 2002 the position in relation to a foreshore licence for — S.I. 374; 2. Marine (Delegation of Ministerial a fish plant proposed to be built at Pallas Pier in Functions) Order 2004 — S.I. 236 Current; 3. Ardgroom, Beara in West Cork; if same has been Marine (Delegation of Ministerial Functions) applied for; the position in relation to such an Order 2006 — S.I. 82; 4. Marine (Delegation of application; and if he will make a statement on Ministerial Functions)(No. 2) Order 2006 — S.I. the matter. [22636/06] 167. Minister of State at the Department of Orders made in favour of Pat the Cope Communications, Marine and Natural Resources Gallagher [7] Lapsed on his transfer to Depart- (Mr. Browne): The Department has no record of ment of Transport; 1. Marine (Delegation of Min- a foreshore licence application in respect of this isterial Functions) (No. 2) Order 2004 — S.I. 703; proposal. 2. Marine (Delegation of Ministerial Functions) (No. 3) Order 2004 — S.I. 769; 3. Marine (Delegation of Ministerial Functions) Order 2005 Alternative Energy Projects. — S.I. 82; 4. Marine (Delegation of Ministerial 250. Mr. Durkan asked the Minister for Functions) (No. 2) Order 2005 — S.I. 346; 5. Communications, Marine and Natural Resources Marine (Delegation of Ministerial Functions) if grants can or will be offered to persons who (No. 3) Order 2005 — S.I. 549; 6. Marine wish to install a small wind turbine with a rotor (Delegation of Ministerial Functions) (No. 4) diameter less than 2.5 metres; and if he will make Order 2005 — S.I. 569; 7. Marine (Delegation of a statement on the matter. [22807/06] Ministerial Functions) (No. 5) Order 2005- S.I. 843 [Consolidated all 6 previous Orders, which it Minister for Communications, Marine and replaced, so as to take account of transfer of cer- Natural Resources (Mr. N. Dempsey): Wind tain Ministerial functions to Minister for Trans- energy projects are currently supported on a com- port by S.I. No. 842 of 2005, with effect from 1 munity and commercial scale. Sustainable Energy January 2006.]. Text of the 11 Orders is on Ireland (SEI) has published a study on the meter- DCMNR website at www.dcmnr.ie. ing options for Small Scale Renewable electricity and Combined Heat & Power Generation (CHP) Broadcasting Services. in Ireland. The study identified a number of areas which require further analysis including the 252. Mr. Connaughton asked the Minister for ability of such processes to secure adequate pay- Communications, Marine and Natural Resources ment for their exports; connection standards and if his attention has been drawn to the unease and processes for smaller generators, and the impli- anxiety felt amongst the sick and elderly in cations of the single electricity market for small- relation to the proposed discontinuation of mass scale electricity generation. SEI is commissioning and other religious services broadcast from local work to address these issues in 2006 and this will churches as a result of complaints of interference inform further policy decisions in relation to from the aviation sector; the proposals he has to domestic wind turbines. have these religious services made available to the sick and elderly; if there will be a cost involved; and if he will make a statement on the Ministerial Responsibilities. matter. [22852/06] 251. Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources Minister for Communications, Marine and the functions which have, since the last general Natural Resources (Mr. N. Dempsey): I am aware election, been delegated to Ministers of State at of the situation regarding the broadcasting of his Department by the Government under services from parish churches, to which the powers conferred on it by Section 2 (1) of the Deputy refers. The Commission for Communi- Ministers and Secretaries (Amendment) (No. 2) cations Regulation (ComReg) is the statutory Act 1977; and the statutory instrument number of body responsible for the management of the each such order. [22832/06] radio spectrum in Ireland and is required to investigate any interference with services, partic- Minister for Communications, Marine and ularly where critical safety issues are concerned. Natural Resources (Mr. N. Dempsey): Since July ComReg fully understands the importance of 2002, a variety of marine and other functions was such local community services and intends to per- delegated by Government Orders under the mit wireless public address systems to meet the Ministers and Secretaries (Amendment) (No. 2) needs of religious and other community organ- Act 1977 to successive Ministers of State at the isations. Department of Communications, Marine and To this end, ComReg has drafted regulations Natural Resources. Those functions were speci- permitting the safe use of public address systems fied in those Orders: Orders made in favour of to transmit local church services and other public 911 Questions— 13 June 2006. Written Answers 912

[Mr. N. Dempsey.] balance of \6 million to be released later this year events. These regulations require my consent as and \12 million is committed for 2007. These Minister for Communications, under the Wireless funds have facilitated the recruitment of a techni- Telegraphy Act 1926 and will be in place shortly. cal specialist by Irish Aid, whose role is to man- ComReg recently met with representatives of the age and oversee the effective use of these funds. Catholic Church to explain the proposed new We are currently exploring how the remainder of scheme to them. I understand from ComReg that the total amount of funds committed can be the Church representatives expressed satisfaction directed at supporting the expansion of HIV with the new arrangements. service delivery in another country. A mid term review of Ireland’s Clinton Found- Overseas Development Aid. ation Partnership in Mozambique has recently been undertaken. This has demonstrated that 253. Ms Burton asked the Minister for Foreign substantial early gains are being made. Under the Affairs the amount from 1997 to date in 2006 leadership of the Government of Mozambique, expended in each year in support of foundations Ireland and the Clinton Foundation have made a associated or under the control of former Pres- major contribution to that country’s achievement ident of the United States Bill Clinton; the break- in reaching, and in some cases exceeding its HIV down of direct donations by the Irish Aid prog- related service targets. At the end of 2005, over ramme to such foundations and the ancillary costs 20,000 people were on anti-retroviral therapy; met or undertaken by the Aid programme or the 75,000 women accessed services for the preven- Department of Foreign Affairs in respect of the tion of mother to child transmission; 270,000 work of such programmes; and if he will make a people accessed voluntary HIV counselling and statement on the matter. [22591/06] testing services and 35,000 people were receiving home based care. 254. Ms Burton asked the Minister for Foreign President Clinton has indicated his wish to visit Affairs if, in relation to the proposed visit to Ireland, possibly later this year, to discuss the Ireland by former US President Clinton the visit partnership between his Foundation and the has any function in respect of the Irish Aid prog- Government. No date has yet been agreed for the ramme; the functions arranged for the former proposed visit. President’s visit; the persons who will be invitees Ireland is now one of the world’s leading at such functions; if the Government or his donors in the global fight against HIV/AIDS. Department will bear the cost of such functions Speaking at the UN General Assembly last week, and the costs associated with travel and other the Taoiseach reaffirmed Ireland’s political and expenses of the former President; and if he will financial commitment to the global HIV/AIDS make a statement on the matter. [22592/06] response. He outlined how Ireland is spending the \100 million which has been allocated to Minister of State at the Department of Foreign HIV/AIDS and other diseases of poverty. He also Affairs (Mr. C. Lenihan): I propose to take Ques- called for renewed global leadership and a better tions Nos. 253 and 254 together. resourced and focused response to HIV/AIDS. In July 2003, the Taoiseach signed a Memor- andum of Understanding with the William J Clinton Presidential Foundation. This Memor- Consular Services. andum of Understanding outlines a framework of 255. Mr. F. McGrath asked the Minister for cooperation between the Clinton Foundation and Foreign Affairs the position regarding the case of Irish Aid, to work in partnership with developing a person (details supplied) in Spain; and if he will country governments and with other relevant advise on the situation with the Spanish auth- international organisations on HIV/AIDS. The orities. [22637/06] aim of the partnership is to provide financial and technical support to assist in the preparation of Minister for Foreign Affairs (Mr. D. Ahern): integrated HIV and AIDS treatment, care and As I indicated in my previous reply to the Deputy prevention programmes in Africa. on 3 May, 2006, the Embassy in Madrid has The Government, through the aid programme, informed the Department that the person con- committed an amount of \50 million for the five cerned has received appropriate legal represen- year period 2003-7. These funds are not donated tation, and understands that he is being accorded to the Clinton Foundation. They are directed at the same rights and treatment as a Spanish National HIV/AIDS Control programmes in citizen. highly affected countries, which the Foundation On 5 May, 2006, a Consular Officer of the is also assisting. Embassy met with the individual concerned. She The initial focus of this partnership is with the discussed again with him his complaints in Government of Mozambique. An amount of \40 relation to the Spanish judicial system, and, at his million has been approved to support the imple- request, undertook to contact the appropriate mentation of the HIV/AIDS Strategic Plan of the Spanish authorities. She also explained the role Ministry of Health from 2003-2007. To date an of the Embassy and underlined to him the amount of \22 million has been released, with a importance of following legal advice. The Consu- 913 Questions— 13 June 2006. Written Answers 914 lar Officer has since written to the person con- to protect the persons concerned, it would pre- cerned regarding how he should register his com- serve the effect of the Commission Decision until plaints about the Spanish judicial system. I can 30 September 2006. This means that the Agree- assure the Deputy that the Embassy will continue ment remains in effect and fully operational until to monitor developments in this case, will remain 30 September 2006. This gives the Commission in contact with the person’s lawyer and will con- and the Member States time to find a solution. tinue to provide all appropriate consular assist- As a result, the position of travellers from the ance to him. European Union to the United States remains unchanged for the present. Travel Agreements. 256. Mr. Costello asked the Minister for Ministerial Responsibilities. Foreign Affairs the position in relation to travel- 257. Mr. P. McGrath asked the Minister for lers to the USA by air transport arising from the Foreign Affairs the functions which have, since decision of the European Court of Justice to the last general election, been delegated to Mini- annul the EU-US agreement on the transfer of sters of State at his Department by the Govern- personal data to the US Bureau of Customs and ment under powers conferred on it by Section 2 Border Protection; the implications for Irish citi- (1) of the Ministers and Secretaries zens travelling to the USA; and if he will make a (Amendment) (No. 2) Act 1977; and the statutory statement on the matter. [22685/06] instrument number of each such order. [22833/06] Minister for Foreign Affairs (Mr. D. Ahern): Following the terrorist attacks of 11 September Minister for Foreign Affairs (Mr. D. Ahern): 2001 in the United States, the US authorities On 5 October, 2004 the Government, on the enacted legislation providing that air carriers nomination of the Taoiseach and in exercise of operating flights to, from and within United the power conferred on them by Section 1 of the States territory would have to provide them with Ministers and Secretaries (Amendment) (No. 2) electronic access to the data contained in their Act 1977, as amended by Section 2 of the Mini- reservation and departure systems. The infor- sters and Secretaries (Amendment) Act 1980 and mation is described as “Passenger Name Section 1 of the Ministers and Secretaries Records (PNR)”. (Amendment) Act 1995, assigned responsibility The Agreement between the European Com- for European Affairs to Mr Noel Treacy, T.D., munity and the United States on the processing Minister of State. Also on that date, and under and transfer of passenger name records data by the same legislative provisions, the Government air carriers to the United States Department of appointed Mr Conor Lenihan, T.D. to be a Mini- Homeland Security, Bureau of Customs and ster of State at the Department of Foreign Border Protection was signed in Washington DC Affairs, with special responsibility for Overseas on 28 May 2004. It entered into effect on the Development and Human Rights. No delegation same day. The Agreement was negotiated on orders in respect of the Ministers of State behalf of the European Community by the Euro- assigned to my Department have been made pean Commission, with the agreement of the under Section 2 (1) of the Ministers and Secretar- Member States. ies (Amendment) (No. 2) Act, 1977. The Agreement establishes (i) the number and type of data which can be transferred, (ii) the Overseas Development Aid. length of time for which data can be retained, and (iii) the purposes for which data may be used: 258. Mr. Hogan asked the Minister for Foreign combating terrorism and international crime. The Affairs the manner in which she plans to consult European Parliament, as is its prerogative, with the Government and civil society here in decided to refer this Agreement to the European respect of Ireland’s priority aid countries as part Court of Justice seeking its annulment. On the of the comprehensive review process of the ACP- basis of an opinion from the Court’s Advocate EU Economic Partnership agreement nego- General, the Court of Justice, in a judgment tiations; and if he will make a statement on the delivered on 30 May 2006, annulled the decision matter. [22873/06] of the Council of Ministers. The Court decided that the legal basis used for the Council Decision Minister of State at the Department of Foreign approving the conclusion of the Agreement was Affairs (Mr. C. Lenihan): The Economic Partner- not appropriate. For the same reason, the Court ship Agreements (EPAs) will involve a major also annulled the Commission Decision to the transformation of the relationship between the effect that the information transferred was EU and the African, Caribbean and Pacific adequately protected by the United States. (ACP) States. Cognisant of this, I have made the The Court of Justice also decided that, since EPAs a priority since taking office almost two the Agreement remains applicable for a period of years ago. ninety days from the notification of its termin- I have spoken on the subject on numerous ation, for reasons of legal certainty and, in order occasions, both in Da´il E´ ireann and at the meet- 915 Questions— 13 June 2006. Written Answers 916

[Mr. C. Lenihan.] same; and if he will make a statement on the ings around the country to prepare for the forth- matter. [22420/06] coming White Paper on Development Cooper- ation, where the public showed an active interest Minister for Arts, Sport and Tourism (Mr. in the EPAs. I have also discussed EPAs on a O’Donoghue): The overall level of funding avail- number of occasions in my meetings with the able under Fa´ilte Ireland’s Tourism Product NGO community. Development Scheme is \49.165 million, of which As the EPAs appear on the agenda of the \27.098 million is for allocation to projects in the Council’s Article 133 Committee, which is the BMW Region. This figure is comprised of \22.738 EU’s main official-level policy-making body in million of ERDF funding and, as outlined in the respect of international trade, they form part of correspondence referred to by the Deputy, \4.36 the coordination process between my Depart- million of Exchequer funding, the latter replacing ment, the Department of Enterprise, Trade and ERDF funding re-allocated from the Tourism Employment and the Department of Agriculture Measure in the BMW Regional Operational to prepare for meetings of this Committee. Programme. At the Hong Kong WTO Ministerial meeting The operation of the Tourism Product last December, I held bilateral meetings with our Development Scheme is solely a matter for Fa´ilte ACP Programme Countries, where they outlined Ireland. However, I am informed by the Auth- their concerns about the EPAs. In view of these ority that progress under the Scheme is now well concerns, I have commissioned research on the advanced and that, to date, full grant approvals fiscal impact of the EPAs, including on our Prog- amounting to \22.7 million have been made in ramme Countries. When the research work is respect of 37 projects in the BMW region. I am complete, I would intend to share its findings with also informed that a number of projects currently civil society and other interested parties. My under evaluation are expected to take up the Department is also planning a discussion of the balance of the funding available. work with the authors of the research in early July and will invite civil society representatives National Lottery Funding. to attend. Since trade is a Community competence, it is 260. Mr. Neville asked the Minister for Arts, of course the European Commission that is Sport and Tourism the criteria for allocating undertaking the EPA negotiations on behalf of grants under the National Lottery; and the reason EU Member States, and the Commission that will an organisation (details supplied) from County also carry out the mid-term review, mandated by Limerick did not meet this criteria. [22587/06] the 2000 Cotonou Agreement. At the April meet- ing of the General Affairs and External Relations Minister for Arts, Sport and Tourism (Mr. Council (GAERC), which I attended, Ministers O’Donoghue): The national lottery-funded called on the Council to make the review “formal Sports Capital Programme, which is administered and comprehensive with participation from the by my Department, allocates funding to sporting ACP side”. Ministers further asked that the and community organisations at local, regional review cover “both trade and development and national level throughout the country. aspects of the EPAs, including cross-cutting All applications under the 2006 sports capital issues affecting the development prospects of all programme were evaluated by my Department in ACP countries (e.g. market access and rules of accordance with the assessment criteria for the origin, regulatory and safeguard provisions etc)” programme published in the guidelines, terms as well as “necessary measures to support the and conditions document which accompanied the timely completion of the negotiations.” application form for the programme. Following I welcome the valuable opportunity the EPA completion of the evaluation of the applications review will provide to take stock of progress to received by my Department under the prog- ramme, I announced provisional grant allocations date and to address the concerns of our ACP \ partners. Ireland is keeping the negotiations totalling 53.745 million to 707 applicants classi- under close scrutiny and we will continue to stress fied as local on 6th June last. I intend to announce the need for the EPAs to be supportive of ACP the provisional allocations for the regional, countries’ development needs and their poverty municipal/multipurpose and national projects in reduction efforts. due course. The application from the organisation in ques- tion was unsuccessful and a letter advising them Departmental Expenditure. accordingly together with a copy of the assess- 259. Ms Harkin asked the Minister for Arts, ment carried out on the application will be issued Sport and Tourism if, further to his reply to this shortly. It is open to the organisation, should it Deputy (details supplied), the \4.36 million real- wish to do so and should it have a project which located from the tourism sub-measure in 2005 has satisfies the terms and conditions of the prog- been replaced by Exchequer funding; if some or ramme, to submit an application to the 2007 all of this funding has been allocated in the sports capital programme when that scheme is Border Midland Western region; the details of publicly advertised. 917 Questions— 13 June 2006. Written Answers 918

Arts Funding. ing this three-year period the Board was to pre- pare a strategic plan for the development of the 261. Caoimhghı´nO´ Caola´in asked the Minister music industry in Ireland, which was to inform a for Arts, Sport and Tourism the prospects for a decision on whether the Board should be estab- new and enhanced capital grant scheme for new lished on a more permanent or statutory theatre builds and upgrades; his Department’s basis. intentions regarding the proposed development of a garage theatre facility in Monaghan town; The draft strategy delivered by the Board in and if he will make a statement on the matter. November 2002 was carefully considered in my [22631/06] Department, but the end conclusion was that it was not satisfactorily demonstrated that the Minister for Arts, Sport and Tourism (Mr. benefits accruing from the suite of programmes O’Donoghue): The main vehicle for capital fund- and activities proposed by the interim Board ing through my Department is the Arts & Culture would be commensurate with the costs involved. Capital Enhancement Support Scheme Accordingly, it was decided not to proceed to (ACCESS), under which almost \43 million was statutory establishment, and the Board was not provided for arts and cultural facilities around the renewed beyond its initial three-year term of country. This scheme commenced in 2001 but office. I have no plans to re-establish the many projects are still in the course of com- Board. pletion. At present the funds available under the All music genres continue to fall within the ACCESS scheme have been fully allocated. It is remit of the Arts Council — the main channel hoped to shortly make an announcement regard- through which State aid is provided to the arts. ing a possible successor to the ACCESS scheme. The Council is statutorily independent in the dis- bursement of its funds. This year, I was pleased Applications for any such scheme will be invited \ by public advertisement. to be in a position to make an amount of 72.31m available to the Arts Council, an increase of 9% on the 2005 figure. 262. Mr. O’Dowd asked the Minister for Arts, Sport and Tourism the reason for the establish- ment of the Music Board; the original aims and 264. Mr. M. Higgins asked the Minister for objectives of the board; the board’s achieve- Arts, Sport and Tourism the present location and ments; his views on whether the board achieved proposals for the future location of the national its original aims and objectives; the reason same art collection (details supplied) which has been was disbanded and if he will reconstitute the on display at the Great Southern Hotels for 50 board; and if he will make a statement on the years and which has been removed; and if he will matter. [22651/06] make a statement on the matter. [22708/06]

263. Mr. O’Dowd asked the Minister for Arts, 265. Mr. Wall asked the Minister for Arts, Sport and Tourism the supports that presently Sport and Tourism if his attention has been exist for musicians; the support initiatives he drawn to the fact that famous paintings (details intends to offer to musicians; the financial sup- supplied) purchased by CIE with 50 percent State ports he presently offers to classical musicians, funding may be lost to the nation due to the fact Irish music, opera, rock, pop musicians and so on; that these paintings are to be sold by public auc- the way in which he will improve them; if he will tion by the Great Southern Hotel Group; the encourage more musicians to record on Irish position of his Department in regard to the sale music labels; and if he will make a statement on of such works; the means of ensuring the reten- the matter. [22652/06] tion of the works for the nation; and if he will make a statement on the matter. [22719/06] Minister for Arts, Sport and Tourism (Mr. O’Donoghue): I propose to take Questions Nos. 266. Mr. Wall asked the Minister for Arts, 262 and 263 together. Sport and Tourism the mechanism he will put in The Music Board of Ireland was established on place to ensure the protection of State funding an interim basis in May, 2001 by the then Minister used for the purchase of works of art that have for Arts, Heritage, Gaeltacht, and the Islands, been on display in the Great Southern Hotels for Sı´le de Valera, T.D. The Mandate given to the the past 50 years and to be put for auction; his Board was:- to act as a forum for the industry; to responsibility in regard to the protection of such devise and actively promote strategic policies for funding; if he will direct the Arts Council to seek the development of the industry and the maximis- recompense for such grants; and if he will make ation of its contribution to the national economy; a statement on the matter. [22720/06] to assist Government and its agencies in their efforts to develop the industry. Minister for Arts, Sport and Tourism (Mr. The interim Board was established on the basis O’Donoghue): I propose to take Questions Nos. that the then Department of Arts, Heritage, 264 to 266, inclusive, together. Gaeltacht, and the Islands, and IBEC, would fund The Arts Council is a statutory body under my the costs arising on a 50:50 basis for 3 years. Dur- Department’s aegis, and is the principal channel 919 Questions— 13 June 2006. Written Answers 920

[Mr. O’Donoghue.] Ministerial Responsibilities. through which State support is directed to the 268. Mr. P. McGrath asked the Minister for Arts. The Council is operationally independent Arts, Sport and Tourism the functions which of my Department, but it is understood from the have, since the last general election, been del- Council that there are 143 works in the collection egated to Ministers of State at his Department by in question, which were jointly funded under the the Government under powers conferred on it by Arts Council’s Joint Purchase Scheme. These Section 2 (1) of the Ministers and Secretaries works include works by Gerard Dillon, Patrick (Amendment) (No. 2) Act 1977; and the statutory Collins, Louis le Brocquy and Basil Blackshaw. instrument number of each such order. These were purchased primarily in the 1960’s and [22834/06] 1970’s, at a cost to the Council of £7,233. The total cost of these works came to £14,466.71. Minister for Arts, Sport and Tourism (Mr. The Arts Council is aware of the potential O’Donoghue): No functions have been delegated issues arising from the sale of these works and is under the Ministers and Secretaries in touch with the CEO of the Great Southern (Amendment) (No. 2) Act 1977 in the case of Hotel Group in this regard. On my instructions, my Department. my Department has also brought the matter to the attention of the CEO of the Dublin Airport Work Permits. Authority and has asked for a report on the matter. I understand that potential vendors are 269. Ms Lynch asked the Minister for obliged to notify such intended sales to the OPW Enterprise, Trade and Employment if workers so that first option of such items may be exercised from non-EU countries are eligible for new work by the state collection institutions. permits; if so, the trades and skills which are eli- gible; and if he will make a statement on the Sports Capital Programme. matter. [22326/06] 267. Mr. Durkan asked the Minister for Arts, Minister for Enterprise, Trade and Employ- Sport and Tourism if funding can or will be ment (Mr. Martin): In the aftermath of EU offered to a community centre (details supplied) enlargement, it is Government policy that in County Kildare towards provision of youth employers should be able to source nearly all of facilities and storage; and if he will make a state- their workforce needs from within the EU. ment on the matter. [22806/06] Accordingly, work permits are only considered in respect of highly skilled and highly paid positions, Minister for Arts, Sport and Tourism (Mr. where the employer has made meaningful O’Donoghue): The national lottery-funded sports attempts to find EEA nationals first. There is cur- capital programme, which is administered by my rently a list of ineligible occupations on my Department, allocates funding to sporting and Department’s website www.entemp.ie.An community organisations at local, regional and employer may check this list to determine national level throughout the country. The prog- whether the position he wishes to fill is eligible ramme is advertised on an annual basis. or not. Applications for funding under the 2006 prog- ramme were invited through advertisements in Industrial Disputes. the Press on November 27th and 28th last. The ´ closing date for receipt of applications was 270. Caoimhghı´nOCaola´in asked the Minister January 20th 2006. A total of 1,338 applications for Enterprise, Trade and Employment further to were received costing a total of \670 million and Parliamentary Question No. 397 of 30 May 2006, for which funding of \312 million was sought. All if his Department will cover the cost of hiring of these applications were evaluated against the interpreters for migrant workers pursuing a claim programme’s detailed assessment criteria, which against their employer through the Labour are outlined in the guidelines, terms and con- Relations Commission, the Labour Court or the ditions of the programme. I announced pro- Employment Appeals Tribunal. [22406/06] visional grant allocations totalling \53.745 million Minister of State at the Department of to 707 applicants classified as local on 6th June Enterprise, Trade and Employment (Mr. last. I intend to announce the provisional allo- Killeen): The Labour Relations Commission, the cations for the regional, municipal/multipurpose Labour Court and the Employment Appeals Tri- and national projects in due course. bunal are independent statutory bodies which act In relation to the organisation in question, an independently in carrying out their functions. The application for funding was not received under procedures to be followed including the hiring of the 2006 programme. It is open to the organis- interpreters in individual cases is a matter for ation, should it wish to do so and should it have these bodies. a project which satisfies the terms and conditions of the programme, to submit an application to the 2007 sports capital programme when that scheme Departmental Investigations. is publicly advertised. 271. Mr. J. Breen asked the Minister for 921 Questions— 13 June 2006. Written Answers 922

Enterprise, Trade and Employment if he will Competition Act 2002 and by Article 82 of the instigate an investigation into the management EU Treaty. and operation of a construction site (details However, in the light of concerns expressed by supplied); and if he will make a statement on the some contributors to the public consultation pro- matter. [22422/06] cess on the Groceries Order last year that certain anti-competitive practices might develop in the Minister for Enterprise, Trade and Employ- trade if the Groceries Order were abolished, I ment (Mr. Martin): With regard to the issue of have asked the Competition Authority to moni- stranded cattle I wish to inform the Deputy that tor the sector following the repeal of the Order it is not within the remit of the Department of in March. Enterprise, Trade and Employment to undertake The Authority is putting in place a monitoring an investigation. mechanism to track data and trends over the The issue of late payments in respect of sub- coming months and years and it will keep my contractors is addressed by the European Com- Department informed of developments. munities (Late Payment in Commercial Transactions) Regulations 2002 (S.I. No. 388 of Work Permits. 2002). These Regulations, which came into oper- ation on the August 7th 2002, apply to all com- 273. Mr. P. Breen asked the Minister for mercial transactions with the following Enterprise, Trade and Employment the number exceptions: of employees of a company (details supplied) working on the Ennis bypass in Ennis, County • Contracts made before August 7th 2002 Clare who have failed to have work permits renewed since December 2005; the number of • Claims for payment of late interest of less employees of the company working on the same than \5 project who have had their work permits renewed; the working grades of those who have • Transactions with consumers not had their work permits renewed; the reason • Debts that may be subject to legislation other such permits were not renewed; and if he will than these Regulations. make a statement on the matter. [22686/06]

In accordance with these Regulations, it is an Minister for Enterprise, Trade and Employ- implied term of every commercial transaction ment (Mr. Martin): My Department advised this that where a purchaser does not pay for goods or company some time ago that it would be unable services by the relevant payment date, the sup- to deal with any work permit applications from it plier shall be entitled to interest (“late payment until such time as information showing that interest”) on the amount outstanding. The cur- former employees had received their financial rent interest rate applicable is 9.25% per annum entitlements from their employer was lodged with or 0.0253% per day. This rate is set as at January my Department. Papers purporting to show that 1st and July 1st each year at a rate of 7 percentage the company has discharged the financial obli- points above the European Central Bank interest gations to employees were lodged with my rate on its most recent main re-financing oper- Department last week. This documentation is ation. In the absence of any agreed payment date currently being examined by my Department. between the parties, late payment interest falls due after 30 days have elapsed. 274. Dr. Cowley asked the Minister for In addition, the use of terms that are grossly Enterprise, Trade and Employment when a work unfair may be unenforceable and such terms may permit will be made available to a person (details be challenged in Court on the basis of criteria supplied) in County Mayo; the reason there is a specified in the Regulations. Organisations rep- delay in this area; and if he will make a statement resenting small and medium sized enterprises on the matter. [22797/06] may also challenge any terms that they feel breach the Regulations. Minister for Enterprise, Trade and Employ- ment (Mr. Martin): The Work Permits Section of Grocery Industry. my Department has informed me that it has no record of any valid application, given the details 272. Mr. Naughten asked the Minister for supplied, in this instance. Enterprise, Trade and Employment his plans to introduce legislation to control abuses of domi- nance within the supermarket sector; and if he Ministerial Responsibilities. will make a statement on the matter. [22439/06] 275. Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment the functions Minister for Enterprise, Trade and Employ- which have, since the last general election, been ment (Mr. Martin): As I have already said many delegated to Ministers of State at his Department times in this House, the abuse of dominance is by the Government under powers conferred on it already specifically prohibited by Section 5 of the by Section 2 (1) of the Ministers and Secretaries 923 Questions— 13 June 2006. Written Answers 924

[Mr. P. McGrath.] • Investment Limited Partnerships Act 1994 (Amendment) (No. 2) Act 1977; and the statutory (No. 24 of 1994) instrument number of each such order. • Stock Exchange Act 1995 (No. 9 of 1995) [22835/06] • Trade Marks Act 1996 (No. 6 of 1996) Minister for Enterprise, Trade and Employ- ment (Mr. Martin): The material requested by the • Metrology Act 1996 (No. 27 of 1996) Deputy is presented in two sections; Section one • National Standards Authority of Ireland Act being the delegation orders relating to the Mini- 1996 (No. 28 of 1996) ster of State for Trade and Commerce and Section two being those that relate to the Mini- • Irish Takeover Panel Act 1997 (No. 5 of 1997) ster for Labour Affairs. Within each section, the • Credit Union Act 1997 (No. 15 of 1997) material is presented in chronological order. Section one. • Copyright and Related Rights Act 2000 (No. 1. On the 15th April 2003, Ministerial Func- 28 of 2000) tions were delegated, by the Ta´naiste and Mini- • Industrial Designs Act 2001 (No. 39 of 2001) ster for Enterprise, Trade & Employment Mary Harney T.D., to Minister of State Michael Ahern, Part 2 T.D. who has responsibility for Trade and Com- • Decimal Currency (Friendly Society and merce, under the Enterprise, Trade and Employ- Industrial Assurance Contracts) Regulations ment (Delegation of Ministerial Functions) Order 1971 (S.I. No. 64 of 1971) (S.I. No 157 of 2003) in respect of the following pieces of legislation: • European Communities (Stock Exchange) Regulations 1984 (S.I. No. 282 of 1984) SCHEDULE • European Communities (Mergers and Div- Part 1 isions of Companies) Regulations 1987 (S.I. • Partnership Act 1890 (53 & 54 Vict. c. 39) No. 137 of 1987) • Industrial and Provident Societies Acts 1893 • European Communities (European Econ- to 1978 omic Interest Groupings) Regulations 1989 (S.I. No. 191 of 1989) • Friendly Societies Acts 1896 to 1977 • European Communities (Quantitative Analy- • Limited Partnerships Act 1907 (7 Edw. 7. sis of Binary and Ternary Fibre Mixtures) c.24) Regulations 1990 (S.I. No. 275 of 1990) • Assurance Companies Act 1909 (9 Edw. 7. c.49) • European Communities (Companies: Group Accounts) Regulations 1992 (S.I. No. 201 of • Local Authorities (Mutual Assurance) Act 1992) 1926 (No. 34 of 1926) • European Communities (Transferable Securi- • Perpetual Funds (Registration) Act 1933 (No. ties and Stock Exchange) Regulations 1992 22 of 1933) (S.I No. 202 of 1992) • Control of Imports Acts 1934 to 1964 • European Communities (Low Voltage Elec- • Oil Burners (Standards) Act 1960 (No. 24 of trical Equipment) Regulations 1992 (S.I. No. 1960) 428 of 1992) • Restriction of Imports Act 1962 (No. 20 of • European Communities (Prohibition of Satis- 1962) faction of Certain Contractual Claims arising from Trade Sanctions against Libya) Regu- • Registration of Business Names Act 1963 lations 1993 (S.I. No. 385 of 1993) (No. 30 of 1963) • European Communities (Further Discontinu- • Companies Acts 1963 to 2001 (other than ation of Certain Trade with Serb-Controlled Part II of the Companies Act 1990 (as Areas of Bosnia-Herzegovina) Regulations amended by the Company Law Enforcement 1995 (S.I. No. 163 of 1995) Act 2001) (No. 28 of 2001) or Part 2 (sections 7-18), section 34, or Part 7 (sections 67-71) of • European Communities (Trade with Iraq) the Company Law Enforcement Act 2001) Regulations 1997 (S.I. No. 370 of 1997) • Control of Exports Act 1983 (No. 35 of 1983) • European Communities (Interruption of Cer- tain Economic Relations with Angola) Regu- • Designated Investment Funds Act 1985 (No. lations 1998 (S.I. No. 503 of 1998) 16 of 1985) • European Communities (Prohibition on the • Unit Trusts Act 1990 (No. 37 of 1990) Sale, Supply, and Export to Burma/Myanmar • Patents Act 1992 (No. 1 of 1992) of Equipment which might be used for 925 Questions— 13 June 2006. Written Answers 926

Internal Repression or Terrorism) Regu- • Local Authorities (Mutual Assurance) Act lations 2000 (S.I. No. 299 of 2000) 1926 (No. 34 of 1926) • European Communities (Control of Exports • Perpetual Funds (Registration) Act 1933 (No. of Dual-Use Items) Regulations 2000 (S.I. 22 of 1933) No. 317 of 2000) • Control of Imports Acts 1934 to 1964 • Customs-Free Airport (Extension of Laws) Regulations 2000 (S.I. No. 430 of 2000) • Oil Burners (Standards) Act 1960 (No. 24 of 1960) • European Communities (Prohibition of the Export of Certain Goods and Services to • Restriction of Imports Act 1962 (No. 20 of Afghanistan and Strengthening of the Flight 1962) Ban) Regulations 2001 (S.I. No. 417 of 2001) • Registration of Business Names Act 1963 • European Communities (Prohibition of the (No. 30 of 1963) Export of Certain Goods and Services to • Companies Acts 1963 to 2003 (other than Afghanistan and Strengthening of the Flight sections 19 to 23 of the Companies Act, 1990 Ban) (Amendment) Regulations 2001 (S.I. (No. 33 of 1990) and section 34 of the Com- No. 467 of 2001) pany Law Enforcement Act 2001 (No. 28 of • European Communities (Prohibition of the 2001)) Export of Certain Goods and Services to • Packaged Goods (Quantity Control) Act Afghanistan and Strengthening of the Flight 1980 (No. 11 of 1980) Ban) (Amendment) (No. 2) Regulations 2001 (S.I. No. 547 of 2001) • Control of Exports Act 1983 (No. 35 of 1983) • European Communities (Prohibition of the • Designated Investment Funds Act 1985 (No. Export of Certain Goods and Services to 16 of 1985) Zimbabwe) Regulations 2002 (S.I. No. 129 • Unit Trusts Act 1990 (No. 37 of 1990) of 2002) • European Communities (Prohibition on the • Patents Act 1992 (No. 1 of 1992) Importation into the Community of Rough • Investment Limited Partnerships Act 1994 Diamonds from Sierra Leone) Regulations (No. 24 of 1994) 2002 (S.I. No. 139 of 2002) • Stock Exchange Act 1995 (No. 9 of 1995) • European Communities (Restrictive Measures) (Liberia) Regulations 2002 (S.I. • Trade Marks Act 1996 (No. 6 of 1996) No. 438 of 2002) • Metrology Act 1996 (No. 27 of 1996) • European Communities (Control of Exports • National Standards Authority of Ireland Act of Dual-Use Items) (Amendment) Regu- 1996 (No. 28 of 1996) lations 2002 (S.I. No. 512 of 2002) • Irish Takeover Panel Act 1997 (No. 5 of 1997) • European Communities (Trade with Iraq) (Amendment) Regulations 2002 (S.I. No. 523 • Credit Union Act 1997 (No. 15 of 1997) of 2002) • Copyright and Related Rights Act 2000 (No. 2. On 7th December 2004, Ministerial Func- 28 of 2000) tions were delegated to Minister of State Michael • Industrial Designs Act 2001 (No. 39 of 2001) Ahern, T.D. who was re-assigned responsibility for Trade and Commerce, by the Minister for Instruments Enterprise, Trade & Employment Michea´l • Decimal Currency (Friendly Society and Martin T.D. under the Enterprise, Trade and Employment (Delegation of Ministerial Func- Industrial Assurance Contracts) Regulations tions (No. 2) Order 2004 (S.I. No 808 of 2004) 1971 (S.I. No. 64 of 1971) under the following pieces of legislation: • European Communities (Stock Exchange) Enactments Regulations 1984 (S.I. No. 282 of 1984) • Partnership Act 1890 (53 & 54 Vict. c. 39) • European Communities (Mergers and Div- isions of Companies) Regulations 1987 (S.I. • Industrial and Provident Societies Acts 1893 No. 137 of 1987) to 1978 • European Communities (European Econ- • Friendly Societies Acts 1896 to 1977 omic Interest Groupings) Regulations 1989 • Limited Partnerships Act 1907 (7 Edw. 7. (S.I. No. 191 of 1989) c.24) • European Communities (Quantitative Analy- • Assurance Companies Act 1909 (9 Edw. 7. sis of Binary and Ternary Fibre Mixtures) c.49) Regulations 1990 (S.I. No. 275 of 1990) 927 Questions— 13 June 2006. Written Answers 928

[Mr. Martin.] Diamonds from Sierra Leone) Regulations • European Communities (Companies: Group 2002 (S.I. No. 139 of 2002) Accounts) Regulations 1992 (S.I. No. 201 of • European Communities (Restrictive 1992) Measures) (Liberia) Regulations 2002 (S.I. • European Communities (Transferable Securi- No. 438 of 2002) ties and Stock Exchange) Regulations 1992 (S.I. No. 202 of 1992) • European Communities (Control of Exports of Dual-Use Items) (Amendment) Regu- • European Communities (Low Voltage Elec- lations 2002 (S.I. No. 512 of 2002) trical Equipment) Regulations 1992 (S.I. No. 428 of 1992) • European Communities (Trade with Iraq) (Amendment) Regulations 2002 (S.I. No. 523 • European Communities (Prohibition of Satis- of 2002) faction of Certain Contractual Claims arising from Trade Sanctions against Libya) Regu- • European Communities (Undertakings for lations 1993 (S.I. No. 385 of 1993) Collective Investment in Transferable Securities) Regulations 2003 (S.I. No. 211 of • European Communities (Further Discontinu- 2003) ation of Certain Trade with Serb-Controlled Areas of Bosnia-Herzegovina) Regulations • European Communities (Undertakings for 1995 (S.I. No. 163 of 1995) Collective Investment in Transferable Securities) (Amendment) Regulations 2003 • European Communities (Trade with Iraq) (S.I. No. 212 of 2003); Regulations 1997 (S.I. No. 370 of 1997) • European Communities (Undertakings for • European Communities (Authorised Collective Investment in Transferable Agencies) (Issue of Certificates of Origin) Securities) (Amendment No. 2) Regulations Regulations 1998 (S.I. No. 318 of 1998) 2003 (S.I. No. 497 of 2003) • European Communities (Interruption of Cer- • European Communities (Undertakings for tain Economic Relations with Angola) Regu- Collective Investment in Transferable lations 1998 (S.I. No. 503 of 1998) Securities) (Amendment No. 4) Regulations • European Communities (Prohibition on the 2003 (S.I. No. 737 of 2003) Sale, Supply, and Export to Burma/Myanmar • European Communities (Directive of Equipment which might be used for 2000/31/EC) Regulations 2003 (S.I. No. 68) Internal Repression or Terrorism) Regu- lations 2000 (S.I. No. 299 of 2000) • European Communities (Directive 2000/31/EC) (Amendment) Regulations (S.I. • European Communities (Control of Exports No. 490 of 2004) of Dual-Use Items) Regulations 2000 (S.I. No. 317 of 2000) 3. In addition, on 18th October, 2005, under the Enterprise, Trade and Employment (Delegation • Customs-Free Airport (Extension of Laws) of Ministerial Functions) (No. 2) Order 2005 (S.I. Regulations 2000 (S.I. No. 430 of 2000) No. 635 of 2005), the Ministerial Functions under • European Communities (Prohibition of the the Investment Funds, Companies and Mis- Export of Certain Goods and Services to cellaneous Provisions Act, 2005 (No. 12 of 2005) Afghanistan and Strengthening of the Flight were also delegated to Minister of State Michael Ban) Regulations 2001 (S.I. No. 417 of 2001) Ahern T.D. by the Minister for Enterprise, Trade & Employment, Michea´l Martin, T.D. • European Communities (Prohibition of the Export of Certain Goods and Services to Section Two Afghanistan and Strengthening of the Flight 4. On the 15th April 2003, Ministerial Func- Ban) (Amendment) Regulations 2001 (S.I. tions were delegated, by the Ta´naiste and Mini- No. 467 of 2001) ster for Enterprise, Trade & Employment Mary • European Communities (Prohibition of the Harney T.D., to Minister of State Frank Fahey, Export of Certain Goods and Services to T.D. who had responsibility for Labour Affairs, Afghanistan and Strengthening of the Flight under the Enterprise, Trade and Employment Ban) (Amendment) (No. 2) Regulations 2001 (Delegation of Ministerial Functions) Order (S.I. (S.I. No. 547 of 2001) No 156 of 2003) in respect of the following pieces of legislation: • European Communities (Prohibition of the Export of Certain Goods and Services to SCHEDULE Zimbabwe) Regulations 2002 (S.I. No. 129 Part 1 of 2002) • Trade Union Acts 1871 to 1990 • European Communities (Prohibition on the Importation into the Community of Rough • Boiler Explosion Acts 1882 and 1890 929 Questions— 13 June 2006. Written Answers 930

• Payment of Wages in Public Houses Prohib- Martin T.D., to Minister of State Tony Killeen, ition Act 1883 (46 & 47 Vict. c. 31) T.D. who has responsibility for Labour Affairs, • Industrial Relations Acts 1946 to 2001 under the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 • Safety in Industry Acts 1955 and 1980 (S.I. No. 809 of 2004) in respect of the following • Mines and Quarries Act 1965 (No. 7 of 1965) pieces of legislation: • Redundancy Payments Acts 1967 to 2001 Enactments • Employment Agency Act 1971 (No. 27 of • Trade Union Acts 1871 to 1990 1971) • Conspiracy and Protection of Property Act, • Dangerous Substances Acts 1972 and 1979 1875 • Minimum Notice and Terms of Employment • Boiler Explosion Acts 1882 and 1890 Acts 1973 to 2001 • Payment of Wages in Public Houses Prohib- • Protection of Employment Act 1977 (No. 7 ition Act 1883 (46 & 47 Vict. c. 31) of 1977) • Industrial Relations Acts 1946 to 2004 • Unfair Dismissals Acts 1977 to 2001 • Safety in Industry Acts 1955 and 1980 • Protection of Employees (Employers’ • Mines and Quarries Act 1965 (No. 7 of 1965) Insolvency) Acts 1984 to 2001 • Redundancy Payments Acts 1967 to 2003 • Safety, Health and Welfare (Offshore • Employment Agency Act 1971 (No. 27 of Installations) Act 1987 (No. 18 of 1987) 1971) • Safety, Health and Welfare at Work Act 1989 • Dangerous Substances Acts 1972 and 1979 (No. 7 of 1989) • Minimum Notice and Terms of Employment • Payment of Wages Act 1991 (No. 25 of 1991) Acts 1973 to 2001 • Terms of Employment (Information) Acts • Protection of Employment Act 1977 (No. 7 1994 and 2001 of 1977) • Protection of Young Persons (Employment) • Workers’ Participation Acts 1977-1988 Act 1996 (No. 16 of 1996) • Unfair Dismissals Acts 1977 to 2001 • Transnational Information and Consultation of Employees Act 1996 (No. 20 of 1996) • Protection of Employees (Employers’ Insolvency) Acts 1984 to 2004 • Organisation of Working Time Act 1997 (No. 20 of 1997) • Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987) • Chemical Weapons Act 1997 (No. 28 of 1997) • Safety, Health and Welfare at Work Act 1989 • Carriage of Dangerous Goods by Road Act (No. 7 of 1989) 1998 (No. 43 of 1998) • Payment of Wages Act 1991 (No. 25 of 1991) • National Minimum Wage Act 2000 (No. 5 of 2000) • Terms of Employment (Information) Acts 1994 and 2001 • Carer’s Leave Act 2001 (No. 19 of 2001) • Protection of Young Persons (Employment) • Protection of Employees (Part-Time Work) Act 1996 (No. 16 of 1996) Act 2001 (No. 45 of 2001) Part 2 • Trans-national Information and Consultation of Employees Act 1996 (No. 20 of 1996) • European Communities (Safeguarding of Employees’ Rights on Transfer of • Organisation of Working Time Act 1997 (No. Undertakings) Regulations 1980 (S.I. No. 306 20 of 1997) of 1980) • Chemical Weapons Act 1997 (No. 28 of 1997) • European Communities (Safeguarding of • Carriage of Dangerous Goods by Road Act Employees’ Rights on Transfer of 1998 (No. 43 of 1998) Undertakings) (Amendment) Regulations • National Minimum Wage Act 2000 (No. 5 of 2000 (S.I. No. 487 of 2000) 2000) • European Communities (Protection of • Carer’s Leave Act 2001 (No. 19 of 2001) Employment) Regulations 2000 (S.I. No. 488 of 2000) • Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001) 5. On 7th December, 2004, Ministerial Func- tions were delegated, by the Minister for • Protection of Employees (Fixed-Term Work) Enterprise, Trade & Employment Michea´l Act 2003 (No. 29 of 2003) 931 Questions— 13 June 2006. Written Answers 932

[Mr. Martin.] requiring one of the new prescribed diets but can Instruments be dealt with within a healthy eating diet, the cost • European Communities (Protection of of which is expected to be met from one third of Employment) Regulations 2000 (S.I. No. 488 the basic payment. of 2000); and 277. Mr. Durkan asked the Minister for Social • European Communities (Protection of and Family Affairs if review of rent assistance will Employees on Transfer of Undertakings) be undertaken in the case of a person (details Regulations 2003 (S.I. No. 131 of 2003). supplied) in County Kildare; and if he will make 6. In addition, on 28th June, 2005, under the a statement on the matter. [22350/06] Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2004, (S.I. Minister for Social and Family Affairs (Mr. No. 316 of 2005), the powers and duties of Brennan): The supplementary welfare allowance Michea´l Martin T.D. Minister for Enterprise, scheme, which includes rent supplement, is Trade and Employment under the Safety, Health administered on my behalf by the Community and Welfare at Work Act 2005 (No. 10 of 2005) Welfare division of the Health Service Executive. were also delegated to Minister of State Killeen. Neither I nor my Department has any function in relation to decisions on individual claims. The Health Service Executive has advised that Social Welfare Benefits. the correct rate of rent supplement is in payment 276. Mr. Gregory asked the Minister for Social based on the information it has concerning the and Family Affairs the reason a person (details person’s income. The Executive has further supplied) in Dublin 3 who is a diabetic was advised that it will review the rent supplement refused a dietary allowance; and if same will be claim of the person concerned as part of a general reviewed. [22335/06] review of rent supplements in the area. It will contact the person concerned regarding this Minister for Social and Family Affairs (Mr. review shortly. Brennan): Recipients of Social Welfare or Health Service Executive payments who have been pre- 278. Mr. Howlin asked the Minister for Social scribed a special diet as a result of a specified and Family Affairs if his attention has been medical condition, and whose means are insuf- drawn to the anomaly within the carer’s respite ficient to meet their needs, may qualify for a diet grant where unpaid carers (details supplied) in supplement under the supplementary welfare County Wexford not in receipt of carers allow- allowance scheme. This scheme and related sup- ance are also not entitled to the respite grant. plements are administered on my behalf by the [22702/06] Community Welfare division of the Health Service Executive (HSE), and neither I nor my Minister for Social and Family Affairs (Mr. Department has any function in relation to indi- Brennan): The question refers to a situation vidual claim decisions. where a person is not eligible for the respite care The amount of supplement payable depends on grant because she is employed for more than 15 which category of diet has been prescribed by the hours per week. applicant’s medical advisor, as well as the income From June 2005, the annual respite care grant of the individual and his/her dependents. was extended to all carers who are providing full- The Dublin/Mid-Leinster Area of the HSE has time care to a person who needs such care regard- advised that the person concerned had been pre- less of their income or whether they are in receipt scribed a diabetic diet, and applied to the Execu- of carer’s allowance or carer’s benefit. This tive for a diet supplement in February 2005. In arrangement was introduced to acknowledge the accordance with the regulations governing the needs of carers especially in relation to respite. In scheme then, diet supplement was not payable on Budget 2006, provision was made to increase the means grounds. This is because the cost of the amount of the respite care grant from \1,000 to prescribed diet was less than one third of his \1,200, from this month. income. The Executive further advised the person The full-time care and attention requirements concerned of his right to appeal against this for carer’s allowance were relaxed from August decision to its Area Appeals Officer. 1999 to introduce greater flexibility into the My Department commissioned a study by an carer’s allowance scheme, while still safeguarding expert from the Irish Nutrition and Dietetic the needs and interests of care recipients. This Institute to inform a modernisation of the allowed carers to work for up to 10 hours per scheme. This study recommended a new frame- week and it was introduced in recognition of the work for classifying various diets and I have intro- economic and therapeutic values of work. It also duced a revised diet supplement scheme and allows carers to maintain contact with the labour regulations which take account of the findings market. and recommendations of the study. Under the From 1 June this year I extended the number revised scheme, which came into operation in of hours a carer can work to 15 hours per week. April of this year, diabetes is not classified as This applies to carer’s allowance, carer’s benefit 933 Questions— 13 June 2006. Written Answers 934 and respite care grant. The care recipient must person in walking. I do not propose to extend the continue to receive full-time care and attention eligibility criteria for the issue of disabled per- and be adequately cared for in the carer’s sons’ parking permits. absence. The carer’s allowance means test has been also Driver Licensing. eased significantly in the past few years, most 281. Ms Shortall asked the Minister for Trans- notably with the introduction of disregards of port the number of full driving licence holders by spouses’ earnings. Provision was made in Budget age. [22798/06] 2006 to increase the income disregard on the carer’s allowance means test to \290 per week for \ Minister for Transport (Mr. Cullen): The a single person and to 580 per week for a couple Department of the Environment, Heritage and from April this year. This ensures that a couple \ Local Government who hold and administer the with two children can earn up to 32,925 per National Driver File has advised that the break- annum and still receive the maximum rate of down of full driving licence holders by age at 31st carer’s allowance. The same couple may earn up December, 2005 is as follows: to \54,400 and receive the minimum rate of carer’s allowance as well as the free travel, the Age Driving Licence Holders household benefits package and the respite care grant. Under 17 38 17 — 19 11,053 Departmental Staff. 20 — 24 102,184 279. Mr. Connaughton asked the Minister for 25 — 29 207,959 Social and Family Affairs the allowance paid to 30 — 34 247,054 the office provider for the social welfare office at Ballinasloe, County Galway for the past nine 35 — 39 236,207 years; and if he will make a statement on the 40 — 44 228,549 matter. [22872/06] 45 — 49 209,930 50 — 54 186,210 Minister for Social and Family Affairs (Mr. 55 — 59 165,722 Brennan): There are currently 66 Social Welfare 60 — 64 131,504 Branch Offices at various locations throughout 65 — 69 95,983 the country. Each Branch Office is operated and managed by a Branch Manager who is required 70 — 74 62,098 to act as an agent for the Department in the area 75 — 79 38,904 served by the office. 80 — 84 18,284 Under the terms and conditions of their 85 and over 6,254 appointment Branch Managers are required to provide suitable premises and such clerical sup- port as may be necessary for the satisfactory per- 282. Ms Shortall asked the Minister for Trans- formance of the work of the Department. port the number of one year category B pro- Branch Managers’ remuneration is calculated visional licences issued in the past three years for having regard to the claim load of the particular which figures are available. [22799/06] office. The remuneration paid to the Branch Manager in Ballinasloe for 2005, i.e. the last com- Minister for Transport (Mr. Cullen): The plete year available, was \119,367. Since being Department of the Environment, Heritage and appointed to the position in September 1996, the Local Government who hold and administer the Manager has received total gross payments National Driver File has advised that the number amounting to \1,066,937. of one year category B provisional licences at 31 December in each of the past three years is as Disabled Drivers. follows: 280. Mr. Cregan asked the Minister for Trans- Year Amount port if he has plans to amend the present guide- lines governing the issuing of disabled drivers’ car 2003 47,157 permits, to include people with other severe dis- abilities of the upper limbs and body; and if he 2004 52,061 will make a statement on the matter. [22331/06] 2005 54,921

Minister for Transport (Mr. Cullen): Currently, the permits are intended to reserve the use of Public Transport. designated parking bays to persons who are suf- 283. Ms Lynch asked the Minister for Trans- fering from a disability that prevents the person port if his attention has been drawn to the con- from walking or causes undue hardship to the cerns of those who lobby on behalf of people with 935 Questions— 13 June 2006. Written Answers 936

[Ms Lynch.] speed limit is 100 kph, and the number which disabilities (details supplied) that one in three occurred at junctions and turning points. ramps on the Dublin Bus fleet are not working; if he is confident that Dublin Bus is adhering to Departmental Correspondence. his Department’s sectoral plan for accessible public transport; if he will extend the remit of the 285. Mr. Gregory asked the Minister for Trans- Public Transport Accessibility Committee to a port his views on the issues raised in the corre- role of monitoring and examining such concerns; spondence (details supplied); and if he will make and if he will make a statement on the matter. a statement on the matter. [22337/06] [22291/06] Minister for Transport (Mr. Cullen): Transport Minister of State at the Department of Trans- 21 provides for a city-centre link between the port (Mr. Gallagher): I understand from Dublin Luas Green and Red Lines (Line BX), with a Bus that it has in operation a programme of subsequent extension northwards (Line D) serv- inspection for its bus ramps, that defects with the ing Broadstone and connecting with the ramp mechanism are to be reported on a daily Maynooth suburban rail line around Liffey Junc- basis and repaired as quickly as possible. Dublin tion. The target date for completion of the full Bus also informs me that it will take immediate project is 2012. action on comments from any member of the The RPA commenced a public consultation public who highlight instances of ramps not work- process in respect of Line BX, focusing initially ing. In the light of the Deputy’s question, I have on the challenge of selecting the best overall referred the concerns raised to the company for route option for the line, last November. This consideration and for reply to her direct. process is still underway. Planning and design on Line D is at a much less developed stage. The Department of Transport’s Sectoral Plan I understand that the RPA have considered the under the Disability Act 2005 is now in draft for- suggestion of progressing Luas Line D at the mat and is undergoing a final consultation process same time as Line BX. They have indicated that prior to being completed and presented to the the most efficient manner in which to progress Houses of the Oireachtas by end July 2006, as Line D would be to initiate public consultation required by the Act. Dublin Bus has co-operated focusing on Line D soon after a preferred route fully in the development of those sections of the option has been selected for the city centre link, Draft Plan which relate to its services. Line BX. Dublin Bus is a member of the Public Trans- The RPA will continue to keep the options for port Accessibility Committee whose remit will be advancing the overall project under review. expanded under the Department’s Sectoral Plan to include a monitoring role in relation to pro- gress by the agencies under the aegis of the Public Transport. Department in implementing the Sectoral Plan 286. Mr. Bruton asked the Minister for Trans- and evaluating the impact of the Plan on people port if he has received an application for a licence with mobility, sensory and cognitive impairments. to operate a bus service to the Ballycullen area in Dublin 24 from Dublin Bus; the date on which Road Safety. he received this application; when he will be in a position to respond to this application; and if he 284. Mr. P. Breen asked the Minister for Trans- will make a statement on the matter. [22352/06] port further to Parliamentary Question No. 437 of 30 May 2006, the number of fatal and non-fatal Minister for Transport (Mr. Cullen): Under accidents in County Clare in 2005; the number of section 24 of the Transport Act 1958, Dublin Bus same which occurred in areas in which the speed is not required to hold a licence under the Road limit is 100 kph; the number of same which Transport Act 1932. However, since 10 January occurred at junctions and turning points; and if he 2001, the company is required by Ministerial will make a statement on the matter. [22310/06] direction to notify my Department of proposed new services or proposed changes to existing Minister for Transport (Mr. Cullen): Statistics services at least four weeks prior to their relating to road accidents, based on information introduction. provided by the Garda Sı´ocha´na, are currently I wish to advise the Deputy that the details of published by the National Roads Authority all notifications are confidential in the interest of (NRA) in their annual Road Accident Facts protecting the commercial confidentiality of the reports. The most recent report, now entitled applicant. However, my Department makes noti- “Road Collision Facts”, relates to 2004 and is fications public once decisions are made. available in the Oireachtas Library and on the NRA website. Statistics relating to 2005 are not yet published. Departmental Staff. I am informed that statistics are not currently 287. Mr. Naughten asked the Minister for compiled in such a way as to identify the number Transport when officials from the accounts of accidents that occurred in areas in which the branch of the Department of Communications, 937 Questions— 13 June 2006. Written Answers 938

Marine and Natural Resources in Castlebar will sector financial support. Subject to the relevant be transferred to the Road Safety Authority in statutory procedures construction should be com- Ballina; the reason for the delay; and if he will pleted in 2009. make a statement on the matter. [22359/06] 290. Mr. Kenny asked the Minister for Trans- Minister for Transport (Mr. Cullen): Following port the plans for the extension of the LUAS line the recent Government decision to transfer in the Dublin areas; the discussions which have responsibility for the Maritime Transport, Mari- taken place; the timeframe and process intended; time Safety Directorate and the Irish Coast and if he will make a statement on the matter. Guard to the Department of Transport, four staff [22677/06] of the accounts branch of the Department of Communications, Marine and Natural Resources Minister for Transport (Mr. Cullen): Transport in Castlebar are due to transfer to my Depart- 21 provides for the extension of existing Luas ment and subsequently to the Road Safety Auth- lines and the establishment of new Luas lines in ority, once established. Three Staff are due to the Dublin Area within the next 10 years. transfer on 3rd July 2006 and the remaining staff A public inquiry into the proposed Luas line member will transfer once that persons current from Sandyford to Cherrywood was held in work in relation to payroll functions for Maritime March and a report on the findings of the inquiry Transport staff has been re-assigned to the was submitted to me in April. I am now consider- Department. ing this report and all relevant documentation and I will make a decision in relation to the grant- Road Traffic Regulations. ing of a Railway Order in due course. 288. Mr. Costello asked the Minister for Trans- A public inquiry into the proposed Luas line port if he will allow mourning coach hearse cars from Connolly Station to The Point Depot has to drive in bus lanes when conveying bereaved recently been completed and I am awaiting the family members to and from the church and to Inspector’s report on the findings of the Inquiry. the graveyard; and if he will make a statement on Public consultation relating to the proposed the matter. [22596/06] Luas City Centre Link is underway and I am informed that the RPA intends to submit a rail- Minister for Transport (Mr. Cullen): The use way order application to my Department in the of bus lanes is provided for in the Road Traffic early part of 2007. It is proposed that this line be (Traffic & Parking) Regulations 1997 and 1998. extended to Liffey Junction within the timeframe The primary purpose of bus lanes is to facilitate of Transport 21. and promote bus based public transport. I do not Transport 21 also provides for a spur off the propose to permit vehicles of funeral corte`ges to existing Luas Red Line, which will serve Cityw- use bus lanes. est. Public consultation on this proposed spur has commenced and the RPA hopes to submit a rail- Light Rail Project. way order application this year subject to agree- ment on private sector financial support. 289. Mr. Kenny asked the Minister for Trans- I understand that preliminary work has been port the plans to extend the Luas line to carried out in relation to the proposed extension Rathcoole; the discussions which have taken of the Green Luas Line to the Bray area and the place; the timeframe and process intended; and if RPA expects to commence public consultation in he will make a statement on the matter. due course. [22676/06] Preliminary work has also been carried out on a proposed line serving Lucan. Minister for Transport (Mr. Cullen): Transport 21 provides for an extension of the Tallaght Luas Telecommunications Services. line to City West. The project is contingent on agreement being reached between the Railway 291. Mr. Crowe asked the Minister for Trans- Procurement Agency (RPA) and private devel- port the meetings he has facilitated through his opers on the sharing of the costs involved in the Department regarding the roll-out of broadband, project. The RPA is progressing the project and particularly in relation to ducting infrastructure South Dublin County Council have confirmed for broadband being installed on all future road their strong support for the project. and rail projects; and if he will make a statement Earlier this year I launched a public consul- on the matter. [22704/06] tation process on the proposed line. My Depart- ment has recently approved an extension of the Minister for Transport (Mr. Cullen): The plan- project towards the Rathcoole area, terminating ning, design and implementation of national road at Garter Lane, subject to additional private sec- improvement projects is a matter, under the tor involvement in funding the scheme. Roads Act 1993, for the National Roads Auth- I understand that the RPA hopes to submit a ority (NRA) and the local authorities concerned. railway order application in respect of Line A1 My Department, the NRA and the Department later this year, subject to agreement on private of Communications, Marine and Natural 939 Questions— 13 June 2006. Written Answers 940

[Mr. Cullen.] being trained shortly thereafter. These will Resources are in ongoing discussions regarding provide additional capacity of about 15,000 tests the issue raised by the Deputy. in a full year. A bonus scheme for driver testers has been Taxi Regulations. operating since February 2006. The testers have the potential to deliver up to 40,000 driving tests 292. Mr. Costello asked the Minister for Trans- over the course of the year in the evenings and port if he will allow taxi drivers use the contra- on Saturdays. flow bus lanes as well as the ordinary bus lanes; The final element in the package to eliminate and if he will make a statement on the matter. the backlog of driving tests was to outsource a [22705/06] block of tests to an outside agency. Negotiations on this aspect reached a position on the 31 May Minister for Transport (Mr. Cullen): The where the Labour Relations Commission, acting primary purpose of bus lanes is to facilitate and as agreed mediator, recommended proposals that promote bus based public transport. would enable my objective of using this option to The use of bus lanes is provided for in the be implemented. I have accepted the proposals Road Traffic (Traffic & Parking) Regulations and I am pleased that the driver testers have also 1997 and 1998. The regulations, which have accepted these proposals. national application, generally limit the use of bus As envisaged by the proposals, a contract to lanes to buses and, in the case of with-flow bus deliver the tests is to be in place by 1st July 2006. lanes, to cyclists also. This contract will be for the purpose of achieving Having regard to the role of taxis in providing a defined number of completed tests to assist in an on-street immediate hire service, an exemp- eliminating the current backlog of applications. It tion to the restriction relating to the use of with- could be extended to 45,000 tests if necessary. flow bus lanes is allowed in respect of taxis when I expect to see a marked reduction in the wait- they are being used in the course of business. ing list nationwide, by the end of this year and Regulations provide that only a large public will formally review the position, taking account service vehicle can enter a contra-flow bus lane. of all the above measures, at that stage. This prohibition and single user status is based on road safety considerations and to give priority to the operation of large public service vehicles. Road Safety. There are no plans to permit taxis to use all 294. Mr. Crowe asked the Minister for Trans- bus-lanes. port the number of people involved in motor acci- dents over the past five years, per year, per Driving Tests. county and who were driving on provisional licenses. [22707/06] 293. Mr. O’Dowd asked the Minister for Trans- port his proposal to deal with the driving test Minister for Transport (Mr. Cullen): Iam backlog in County Louth. [22706/06] informed by the Garda Authorities that they do not compile statistics in such a way as to identify Minister for Transport (Mr. Cullen): I refer the the number of provisional licence holders deputy to my reply to Question No. 55 of 7 involved in motor accidents. June, 2006. Statistics relating to road accidents, based on As I have consistently indicated, the delay in information provided by the Garda Sı´ocha´na, are providing driving tests is a matter of regret to me. currently published by the National Roads Auth- I believe it not only represents a poor service to ority (NRA) in their annual Road Accident Facts the public but it is also hampering the develop- reports. The reports for 2000, 2001 and 2002 are ment of initiatives which I wish to pursue and known as “Road Accident Facts” and for 2003 which will contribute further to road safety. The and 2004 are entitled “Road Collision Facts”. driving test and those who deliver it are a key These reports are available in the Oireachtas element in the road safety strategy. Library and on the NRA website. It is my objective to eliminate the backlog of driving tests by mid-2007. That means having a Harbours and Piers. waiting list of no more than about 50,000 that can be scheduled in a 10 to 12 week period. 295. Mr. M. Higgins asked the Minister for The measures in place to deal with this are as Transport his views on submitted proposals by follows. Galway City Council in relation to investment in Seven civil servants from the Department of Galway harbour to provide significant increased Agriculture and Food commenced working as capacity and completion of the Galway docklands driver testers in April this year and will conduct regeneration project. [22709/06] tests in 2006 and 2007. This gives an annual additional capacity of about 10,000 tests. Minister of State at the Department of Trans- Six further driver testers on 2-year contracts port (Mr. Gallagher): Galway harbour is owned commenced training on 12 June, with another 5 and run by Galway Harbour Company, a State- 941 Questions— 13 June 2006. Written Answers 942 owned company established under the Harbours Minister for Transport (Mr. Cullen): Transport Act 1996. The Act provides that the principal 21 provides for the reopening of the Western Rail objects of the company include the provision of Corridor on a phased basis. Iarnro´ dE´ ireann has such facilities, services and lands in its harbour submitted a proposal to my Department for for ships, goods and passengers, as it considers Phase 1 of the project (the reopening of the Ennis necessary. to Athenry section in 2008). This proposal pro- The company is required to take all proper vides for rail services between Limerick and measures for the management, control, operation Galway via Athenry, including the construction and development of its harbour. Decisions of a new station at Oranmore. These services will regarding any proposals for port capacity devel- be additional to the services already provided opments are primarily a matter for the port com- between Galway City and Athlone, which service pany and its board. Ballinasloe and Athenry and which will be Galway Harbour Company has informed me expanded to a two hourly service in 2007/2008 as that it has had preplanning discussions with additional rolling stock is provided on the route. Galway City Council on the company’s proposal The Iarnro´ dE´ ireann proposals have been for new port facilities and I understand that an assessed by my Department, and I will be environmental impact study on this proposal is reporting on them to Government in the very in hand. near future.

Regional Airports. Light Rail Project. 296. Mr. M. Higgins asked the Minister for 298. Mr. M. Higgins asked the Minister for Transport his views on proposals from Galway Transport if he will release such funding to City Council for increased runway capacity and Galway City Council as would enable the carry- passenger facilities at Galway airport. [22710/06] ing out of a feasibility study on the provision of light rail commuter services for Galway City. Minister for Transport (Mr. Cullen): Under the [22712/06] Transport 21 framework, which provides for a total public investment of \100 million in regional Minister for Transport (Mr. Cullen): Transport airport infrastructure over the next ten years, my 21 sets out the Government’s transport capital Department will consider proposals for capital investment priorities for the ten-year period 2006 expenditure at Galway Airport, in line with the to 2015. In developing Transport 21, my Depart- 2005 EU guidelines on public financing of air- ment took account of the National Spatial ports and Department of Finance Capital Strategy, Regional Planning Guidelines and a Appraisal procedures. range of other sectoral and regional policy and Funding will continue to be available primarily planning documents, including the Galway Trans- for safety and security projects while develop- portation and Planning Study. ment works will be supported where the demand Transport 21 includes a commitment to the for additional air services can be demonstrated provision of a commuter rail service to Galway and where an economic case can be made to jus- via Oranmore and an improved bus service, tify increased investment. including bus priority measures for Galway City. In order to implement Transport 21, my These improved transportation services for Department has drafted a new Capital Expendi- Galway city are to be supported by the settlement ture Grant Scheme in line with the EU guidelines strategy including the development of the and I expect to be in a position to announce Ardaun corridor to the east of Galway city, as set details shortly. out in the Galway Transportation and Planning My Department has received no new proposals Study agreed by Galway City and Galway County Councils. That Study does not envisage light rail for financial assistance in respect of increased measures such as those outlined in the Corrib runway capacity or passenger facilities at Galway Light Rail submission which was recently sent to Airport. Any such proposals that might be sub- my Department. mitted by the airport would be assessed under the terms of the new Capital Expenditure Grant Public Transport. Scheme. 299. Mr. M. Higgins asked the Minister for Rail Services. Transport the number of quality bus corridors which will be provided in the next 12 months in 297. Mr. M. Higgins asked the Minister for Galway City and their location. [22713/06] Transport the position in relation to a commuter rail link from Galway City to Athenry and Ballin- Minister for Transport (Mr. Cullen): My asloe, including a new rail station in Oranmore as Department has funded a number of bus priority submitted by Galway City Council. [22711/06] measures in Galway City in recent years. As 943 Questions— 13 June 2006. Written Answers 944

[Mr. Cullen.] Cycle Facilities. regards future measures, Galway City Council have recently commissioned a strategic bus study 300. Mr. M. Higgins asked the Minister for regarding bus operations in Galway which will Transport the number of cycle lanes which will propose bus priority measures for implemen- be provided in the next 12 months in Galway City tation in future years. This bus study, which is and their location. [22714/06] being funded by my Department, is expected to be completed in the coming weeks and this will Minister for Transport (Mr. Cullen): Iam inform future proposals from the Council for informed by Galway City Council that existing funding by my Department. cycle lanes in Galway include the following:

Road From To Location Length (x2)

N6 Kirwan Roundabout Browne Roundabout Adjoining footpath 2,040m Western Distributor Deane Roundabout Blake Roundabout Edge of carriageway 2100 m Parkmore Lynch Roundabout City Boundary Edge of carriageway 900 m Doughiska Jct. Old Monivea Rd. Access Road to NCT centre Adjoining footpath 800 m

Hard Shoulders are provided on the N6 from the It is anticipated that the most significant Browne Roundabout to the city limits (6500m x development of cycle facilities in Galway in the 2), on the N17, and on the Oranmore Coast near future will arise as a consequence of the Road. development of bus lanes recommended by the However, following consultation by Galway Strategic Galway Bus Study. This study, which is City Council with the Galway Cycling Campaign being funded by my Department, is expected to different approaches are being adopted with a be completed in the coming weeks. number of current schemes. As part of the “Headford Road Traffic Calm- Semi-State Bodies. ing Scheme”, funded by the NRA, footpath 301. Ms O. Mitchell asked the Minister for widths are generally being increased to three Transport if he will guarantee that the terms of metres. On the carriageway, where traffic islands any partial sale of the State airline, Aer Lingus are being installed lane widths are being will be discussed and voted on by the Houses of increased to a minimum of four metres to accom- the Oireachtas; and if he will make a statement modate on-road cyclists. Works on this scheme on the matter. [22716/06] are due to start in the coming week and to be completed by the end of August. Minister for Transport (Mr. Cullen): Section 3 Last year shared facilities by way of an inbound (5) of the Aer Lingus Act 2004 provides that the bus lane, funded by my Department, were pro- general principles of the disposal of shares in Aer vided on the Dublin Road between the Skerritt Lingus must be laid before and approved by the Roundabout and the Renmore Road. Subsequent Da´il prior to any disposal. In accordance with this to the commencement of this work, the Galway requirement I will move a motion setting out the Cycling Campaign raised concerns with regard to general principles of the proposed initial public the need to increase the width of the outbound offering of shares in Aer Lingus in the House in lane and, following receipt of an application from the coming weeks. Galway City Council, funding has been allocated by my Department for the width of the outbound Ministerial Responsibilities. lane to be increased. Design documents have 302. Mr. P. McGrath asked the Minister for been prepared and Galway City Council is cur- Transport the functions which have, since the last rently consulting with the Galway Cycling Cam- general election, been delegated to Ministers of paign on the proposed works. These works are State at his Department by the Government expected to be completed by the end of under powers conferred on it by Section 2 (1) of September. the Ministers and Secretaries (Amendment) (No. The extension of the Dublin Road bus lane 2) Act 1977; and the statutory instrument number back to Doughiska, funded by my Department, is of each such order. [22837/06] due for completion in the coming weeks. Follow- ing consultation with the Galway Cycling Cam- Minister for Transport (Mr. Cullen): The func- paign, a 1.5 metres wide hard shoulder is being tions which have, since the last general election, provided, between the entrance to Merlin Park been delegated to Ministers of State in my and Doughiska, on the outbound side. Department by the Government under powers Recent traffic calming measures on the Siob- conferred on it by Section 2 (1) of the Ministers han McKenna Road included cycle by-passes on and Secretaries (Amendment) (No. 2) Act 1977; one-way narrowing points. are outlined in Statutory Instrument number 448 945 Questions— 13 June 2006. Written Answers 946 of 2003, Transport (Delegation of Ministerial Section 61 (inserted by section 55 of the Act of Functions) Order 2003, to Minister of State Dr. 1968) of the Act of 1961, James McDaid T.D. and S.I. No. 840, Transport Section 65 (as amended by section 6 of the Act (Delegation of Ministerial Functions) Order 2004 of 1968) of the Act of 1961, to Minister of State Mr. Ivor Callely T.D. (see following copies). I would refer the Deputy to my Sections 66, 68, 75, 78, 79, 80 and 121 of the previous answer to Question No. 155, which sets Act of 1961, out the responsibilities assigned to Minister of Sections 8 to 14 and 18 (as amended by section State for Transport Pat the Cope Gallagher T.D. 19 of the Act of 2002) of the Act of 1968, No Delegation of Functions order has been made in respect of these responsibilities. Section 14 of the Act of 2002. European Communities (Vehicle Testing) S.I. No. 448 of 2003. Regulations 1991 (S.I. No. 356 of 1991) (as amended by the European Communities (Vehicle ORDER Testing) (Amendment) Regulations 2002 (S.I. Entitled No. 56 of 2002) and the European Communities (Vehicle Testing) (Amendment) (No. 2) Regu- Transport (Delegation of Ministerial Functions) lations 2002 (S.I. No. 499 of 2002), Order 2003 European Communities (Speed Limitation The Government, on request of the Minister Devices) Regulations 1993 (S.I. No. 300 of 1993), for Transport and in exercise of the powers con- ferred on them by section 2(1) of the Ministers European Communities (Proof of Compliance) and Secretaries (Amendment) (No. 2) Act 1977 Regulations 2000 (S.I. No. 223 of 2000), (No. 28 of 1977), hereby order as follows: European Communities (Passenger Car Entry 1. This Order may be cited as the Transport Into Service) Regulations 2001 (S.I. No. 373 of (Delegation of Ministerial Functions) Order 2001), 2003. European Communities (Mechanically Pro- 2. In this Order— pelled Vehicle Entry Into Service) Regulations 2001 (S.I. No. 374 of 2001), “Act of 1961” means Road Traffic Act 1961 (No. 24 of 1961); Part 9 of the Carriage of Dangerous Goods by Road Regulations 2001 (No. 492 of 2001) (as “Act of 1968” means Road Traffic Act 1968 amended by the Carriage of Dangerous Goods by (No. 28 of 1968); Road (Amendment) Regulations 2002 (S.I. No. “Act of 2002” means Road Traffic Act 2002 393 of 2002). (No. 12 of 2002). 3. The powers and duties of the Minister for Transport conferred on him— S.I. No. 840 of 2004. (a) by or under the provisions of the Road ORDER Traffic Acts 1961 to 2002 specified in Schedule Entitled 1 to this Order, and Transport (Delegation of Ministerial Functions) (b) under the Regulations specified in Sched- Order 2004 ule 2 to this Order, To be made by the Government The Govern- are delegated to James McDaid, Minister of State ment, on the request of the Minister for Trans- at the Department of Transport. port and in exercise of the powers conferred on GIVEN under the Official Seal of the Govern- them by section 2(1) of the Ministers and Sec- ment, 16th September, 2003. retaries (Amendment) (No. 2) Act 1977 (No. 28 of 1977), hereby order as follows: BERTIE AHERN, 1. This Order may be cited as the Transport Taoiseach. (Delegation of Ministerial Functions) Order SCHEDULE 1 2004. Provisions of Road Traffic Acts 1961 to 2002 2. The powers and duties of the Minister for delegated Transport conferred on him — Section 5 (insofar as it relates to a provision of (a) by or under the enactments and the pro- the Act of 1961 delegated under this Order) of visions of the enactments specified in Part 1, the Act of 1961, (b) under the Regulations made under the Sections 11, 12, 13, 15 and 16 (as amended by European Communities Act 1972 (No. 27 of section 6 of the Act of 1968) of the Act of 1961, 1972) specified in Part 2, and 947 Questions— 13 June 2006. Written Answers 948

[Mr. Cullen.] European Communities (International Car- (c) under the provisions of the instruments riage of Passengers) Regulations 1999 (S.I. No. specified in Part 3, of the Schedule to this 174 of 1999) Order are delegated to Ivor Callely, Minister European Communities (Proof of Compliance) of State at the Department of Transport. Regulations 2000 (S.I. No. 223 of 2000) SCHEDULE 1 European Communities (Fourth Motor Part 1 Insurance Directive) Regulations 2003 (S.I. No. Enactments and provisions of enactments 651 of 2003) delegated European Communities (Mechanically Pro- In this Part “Act of 1968” means the Road pelled Vehicle Entry Into Service) Regulations Traffic Act 1968 (No. 25 of 1968) 2003 (S.I. No. 551 of 2003) (as amended by the European Communities (Mechanically Propelled Sections 5, 11, 12, 13, 15, 16 (as amended by Vehicle Entry Into Service) (Amendment) Regu- section 6 of the Act of 1968), 18, 60 (inserted by lations 2004 (S.I. No. 246 of 2004)) section 54 of the Act of 1968) 61 (inserted by European Communities (Passenger Car Entry section 55 of the Act of 1968) 65 (as amended by Into Service) Regulations 2003 (S.I. No. 552 of section 6 of the Act of 1968) 75, 78, 79, 80 and 2003) (as amended by the European Communi- 121 of the Road Traffic Act 1961 (No. 24 of 1961) ties (Passenger Car Entry Into Service) Sections 8 to 14 of the Act of 1968 (Amendment) Regulations 2004 (S.I. No. 245 of 2004)) Section 14 of the Road Traffic Act 2002 (No. 12 of 2002) Part 3 Irish Aviation Authority Act 1993 (No. 29 of Provisions of other instruments delegated 1993) Part 5 of the Carriage of Dangerous Goods by Road Transport Act 1932 (No. 2 of 1932) Road Regulations 2004 (S.I. No. 29 of 2004) Article 3(e) (inserted by Article 3(a) of the Road Transport Act 1933 (No. 8 of 1933) Dublin Transportation Office (Amendment) Road Transport Act 1935 (No. 23 of 1935) Order 1999 (S.I. No. 337 of 1999)) of the Dublin Transportation Office (Establishment) Order Transport Act 1944 (No. 21 of 1944) 1995 (S.I. No. 289 of 1995) Transport Act 1958 (No. 19 of 1958) GIVEN under the Official Seal of the Govern- Road Transport Act 1971 (No. 8 of 1971) ment, December 2004.

Road Transport Act 1978 (No. 8 of 1978) Community Development. Road Transport Act 1986 (No. 16 of 1986) 303. Mr. Haughey asked the Minister for Com- Road Transport Act 1999 (No.15 of 1999) munity, Rural and Gaeltacht Affairs the allo- cations made to a centre (details supplied) in Part 2 Dublin 5 in the past three years under the prog- Regulations made under the European Com- ramme of grants for locally based community and munities Act 1972 delegated European Com- voluntary organisations; the reason its current munities (Prohibition of Discrimination in Trans- application has been refused; if he will review this port Rates and Conditions) Regulations 1975 decision in view of the fact that it will have to cut (S.I. No. 175 of 1975) back its services as a result; and if he will make a statement on the matter. [22292/06] European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004) Minister for Community, Rural and Gaeltacht ´ ´ European Communities (Road Passenger Affairs (Eamon O Cuı´v): An application was Transport) Regulations 1991 to 1999 received by my Department from the organis- ation in question under the 2005 Programme of European Communities (Merchandise Road Grants for Locally-Based Community and Volun- Transport) Regulations 1991 to 1999 tary Organisations. European Communities (Speed Limitation Each application received under the Prog- Devices) Regulations 1993 (S.I. No. 300 of 1993) ramme was assessed by Pobal on behalf of my Department by reference to the criteria set out in European Communities (International Car- the published guidelines, and scored accordingly. riage of Goods By Road) Regulations 1994 (S.I. The application from the organisation in question No. 140 of 1994) (as amended by the European failed to achieve a sufficiently high score to Communities (International Carriage of Goods enable it to be considered for funding on this by Road) Regulations 1994 (S.I. No. 188 of 1994)) occasion. 949 Questions— 13 June 2006. Written Answers 950

A request for a review of this application was that the Achill Sound Sewerage Scheme is a received by my Department in February last. Fol- public scheme costing \8.55 million and that it lowing a comprehensive review, involving a com- has been approved under the Water Services plete reassessment of the organisation’s appli- Investment Programme in the Department of cation, the original decision was upheld. Environment, Heritage and Local Government I understand that my Department will be for commencement in 2006. responding shortly to a request from the group I understand that discussions are on-going for feedback in relation to their unsuccessful between that Department and Mayo County 2005 application. Council with regard to addressing certain funding The organisation previously received funding aspects of the project. There are currently no under this Programme of \6,000 in 2002, \4,000 measures operating under the CLA´ R Programme in 2003 and \4,185 in 2004. for the funding or co-funding of major public water and sewerage schemes. Security of the Elderly. Community Development. 304. Mr. Perry asked the Minister for Com- munity, Rural and Gaeltacht Affairs if persons 306. Mr. O’Connor asked the Minister for who are over 80 and not in receipt of an old age Community, Rural and Gaeltacht Affairs if his pension are entitled to a security pendant through attention has been drawn to the work being done their local alert under the community support for by a group (details supplied) in Dublin 24; the older persons; and if he will make a statement on way in which the group might seek further the matter. [22323/06] resources; and if he will make a statement on the matter. [22629/06] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): The Scheme of Com- Minister of State at the Department of Com- munity Support for Older People encourages and munity, Rural and Gaeltacht Affairs (Mr. N. assists the community’s support for older people Ahern): The group detailed in the Deputy’s ques- by means of a community based grant scheme to tion received funding detailed as follows through improve the security of its older members. The the Tallaght Local Drugs Task Force for a parent scheme is administered by local community and support group. voluntary groups with the support of my Department. Total The scheme is open to people aged 65 and over who have a genuine need for assistance under \ this scheme. November 2001 — October 2002 31,744 Maximum individual grants are provided under November 2002 — April 2003 9,524 the scheme as follows: May 2003 — October 2003 9,524 \ — 300 in respect of the once-off installation November 2003 — April 2004 9,524 cost of socially monitored alarms May 2004 — June 2004 2,508 — \200 in respect of physical security July 2004 — December 2004 16,825 equipment January 2005 — December 2005 33,351 — \200 in respect of security lighting January 2006 — December 2006 34,185 — \50 in respect of smoke alarms Total Funding received to date 147,185 — \150 in respect of interior emergency light- ing for qualifying older people living on our The core funding of family support groups does offshore islands. not come within the remit of my Department. The Deputy may wish to raise this matter with the Minister for Social and Family Affairs. Water and Sewerage Schemes. 305. Dr. Cowley asked the Minister for Com- Ministerial Responsibilities. munity, Rural and Gaeltacht Affairs if there is CLA´ R funding available for the Achill Sound 307. Mr. P. McGrath asked the Minister for sewerage scheme, County Mayo; if, in view of the Community, Rural and Gaeltacht Affairs the fact that the polluter pays principle means that it functions which have, since the last general elec- is making the scheme economically impossible, he tion, been delegated to Ministers of State at his will examine this situation; if he will consider Department by the Government under powers meeting with the group to outline the possibilities conferred on it by Section 2 (1) of the Ministers available; and if he will make a statement on the and Secretaries (Amendment) (No. 2) Act 1977; matter. [22324/06] and the statutory instrument number of each such order. [22838/06] Minister for Community, Rural and Gaeltacht Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I have been advised Affairs (E´ amon O´ Cuı´v): I refer the Deputy to 951 Questions— 13 June 2006. Written Answers 952

´ ´ [Eamon O Cuı´v.] occurrences, my Department writes to each par- my reply to Parliamentary Question No. 161 of ticipant on an annual basis seeking confirmation 18 May 2006. The position remains unchanged. that the correct amount of national retirement pension is noted on our records. Grant Payments. 310. Mr. Kenny asked the Minister for Agri- 308. Mr. Aylward asked the Minister for Agri- culture and Food her views on a proposal from culture and Food the outcome of an appeal in ERS participants that they should receive some respect of an installation aid grant application by form of reparation payment from her Depart- a person (details supplied) in County ment for those who have lost access to quota as Limerick. [22277/06] a result of decoupling; and if she will make a statement on the matter. [22321/06] Minister for Agriculture and Food (Mary Coughlan): I am advised that a decision has not yet been taken by the Appeals Office on the case Minister for Agriculture and Food (Mary referred to. Coughlan): There is no provision for additional payments to participants in the Early Retirement Schemes in relation to leased quotas. 309. Mr. Kenny asked the Minister for Agri- However, my Department was aware, from an culture and Food if, in relation to the early farm early stage in the negotiations leading to the retirement scheme, she will provide figures for introduction of the Single Payment Scheme, of the number of participants in this scheme who the possible implications for retired farmers who had their pension entitlement wrongly offset; the had leased their holdings. In so far as it proved amount of money involved; and the types of pen- possible in the context of the EU Regulations sions or payments which have been found to have governing the Single Payment Scheme, and fol- been wrongly offset. [22320/06] lowing lengthy discussions with the European Commission, provision was made under the rules Minister for Agriculture and Food (Mary Coughlan): It is a requirement of the EU Council of the Single Payment Scheme to address some Regulations under which the 1994 and 2000 Early of the concerns of retired farmers. Retirement Schemes were introduced that the As participants in the 1994 Scheme of Early Early Retirement Pension can be paid only as a Retirement from Farming had retired before the supplement to any national retirement pension to start of the reference period in 2000, they are not which the participant, and his or her spouse or in a position to claim entitlements under the Sin- partner in a joint management arrangement, is gle Payment Scheme. However, following agree- entitled. This means that the value of any such ment with the European Commission, a special national retirement pension payable must be category has been included in the National deducted from the Early Retirement Pension. Reserve for farmers who inherit or otherwise It has been determined in consultation with the receive land free of charge or for a nominal sum European Commission that the following pen- from a farmer who retired or died before 16 May, sions are National Retirement Pensions: Old Age 2005 where the land in question was leased to a Contributory pension, Old Age Non-Contribu- third party during the reference period. This will tory pension, Widow/Widower’s Contributory benefit the family members of retired farmers pension (at age 66), Widow/Widower’s Non-Con- who decide to take up farming. Only landholders tributory pension (at age 66), Retirement pen- actively engaged in farming can receive entitle- sion, Invalidity pension, Blind Person’s pension. ments from the National Reserve. A separate cat- A national retirement pension is deducted on egory (Category A) was included in the 2005 the basis of information supplied by the partici- National Reserve application form to cater for pant and/or by the Department of Social and this group, and similar arrangements will apply in Family Affairs. The type of pension to be 2006 and subsequent years. deducted is clearly defined as above and these are It was open to participants in the current Early the only types of pensions that have been Retirement Scheme, who would have farmed dur- deducted or offset from the early retirement ing part or all of the reference period, to activate pension. entitlements in 2005 and lease them to their exist- In certain instances, a person’s situation may ing transferee. Once that lease expires, the retired change and their pension type or rate of pension farmer has the option to lease or sell those may have altered and my Department may not entitlements with or without land. If the trans- have been made aware of such a change. Once feree did not want the entitlements, a transferor my Department is notified of any such cases, (retired farmer) who activated the entitlements in where amounts have been incorrectly offset, 2005 has until 2007 either to lease the entitle- adjustments and reimbursements, if necessary, ments or transfer them, with land, to another are promptly made. It is not possible to quantify farmer. exactly the number of such cases, but it can be said that in the majority of cases the correct 311. Mr. Connaughton asked the Minister for amount is deducted. In order to minimize these Agriculture and Food if entitlements under var- 953 Questions— 13 June 2006. Written Answers 954 ious national reserve headings have been credited be obtained from the Land Registry Office and to persons (details supplied) in County Galway; not my Department. and if she will make a statement on the matter. [22322/06] Ministerial Responsibilities. 313. Mr. P. McGrath asked the Minister for Minister for Agriculture and Food (Mary Agriculture and Food the functions which have, Coughlan): The persons named submitted an since the last general election, been delegated to application for an allocation of entitlements from Ministers of State at her Department by the the Single Payment Scheme National Reserve Government under powers conferred on it by under Categories B and D. Section 2 (1) of the Ministers and Secretaries Category B caters for farmers who, between 1 (Amendment) (No.2) Act 1977; and the statutory January 2000 and 19 October 2003, made an instrument number of each such order. investment in production capacity in a farming [22839/06] sector for which a direct payment under Live- stock Premia and/or Arable Aid schemes would Minister for Agriculture and Food (Mary have been payable during the reference period Coughlan): Mr. Brendan Smith T.D. Minister of 2000- 2002. Investments can include purchase or State, was given delegated statutory powers and long-term lease of land, purchase of suckler duties in relation to Food and Horticulture and and/or ewe quota or other investments. additional responsibilities for the following work Category D caters for farmers who commenced areas: farming after 31 December 2002 or who com- menced farming in 2002 but who received no • Development of the Food Industry direct payments in respect of that scheme year. • Monitoring of the Food Industry under the It should be noted however that the rules gov- National Development Plan erning the Single Payment Scheme stipulate that an applicant who is found to be eligible under • Local Slaughter Houses more than one category in the Reserve may only • Livestock Breeding receive an allocation of entitlements under • Horticulture/Plant Health/Organic Production/ whichever category is most beneficial to him/her. Animal Feedstuffs Under Category B the persons named have applied for an allocation with regard to leased • Early Retirement Scheme. land (12.06 net hectares). The persons named also Statutory Instrument S.I. No. 779 of 2004 setting leased in 8.24 entitlements in respect of that out the powers and duties delegated to Minister leased-in land. The appropriate allocation due to Smith was signed by the Taoiseach on 23 the persons named in respect of the leased land November 2004. will be made shortly and payment will follow in Mr. John Browne T.D. Minister of State, was due course. given delegated statutory powers and duties in The persons named also qualify under Cate- relation to Forestry, Animal Health and Welfare gory B of the National Reserve in respect of pur- and Customer Care and additional responsibil- chase of 30 Suckler Quota rights in 2002 and the ities for the following work areas: allocation due for this will issue along with the allocation due for the leased land. • Animal Health and Welfare My Department will write to the persons • Bovine Tuberculosis Eradication Programme named setting out how the allocations are • Brucellosis Eradication Programme calculated. • Bovine Tagging and Registration Land Registry. • National Beef Assurance Scheme 312. Mr. Penrose asked the Minister for Agri- • Forestry. culture and Food if she will request the Irish Land Commission, to furnish original maps, Statutory Instrument S.I. No. 778 of 2004 setting which are attached to a property, which was out the powers and duties delegated to Minister associated with an estate (details supplied) in Smith was signed by the Taoiseach on 23 November 2004. County Westmeath; and if she will make a state- The powers and duties delegated to Mr. John ment on the matter. [22349/06] Browne as set out above were delegated to Ms. Mary Wallace T.D. Minister of State, in 2006. Minister for Agriculture and Food (Mary Statutory Instrument No. S.I. 299 of 2006 was Coughlan): As the Land Commission allotment signed by the Taoiseach on 30 May 2006. in this case has been registered in the Land Regis- try and there are now registered Land Registry folios available for the parcels of land, copies of Departmental Property. maps used in the registration process, or a certi- 314. Mr. Wall asked the Minister for Justice, fied copy of up to date Land Registry maps must Equality and Law Reform if further progress has 955 Questions— 13 June 2006. Written Answers 956

[Mr. Wall.] who are responsible for such vile crimes. In terms been made in regard to acquiring a site for a of specific action, the Government established group (details supplied) in County Kildare; if so, the Commission to Inquire into Child Abuse to when the development will commence; and if he afford victims of abuse in childhood an oppor- will make a statement on the matter. [22284/06] tunity to tell of the abuse they suffered to a sym- pathetic and experienced forum and to establish Minister for Justice, Equality and Law Reform as complete a picture as possible of the causes, (Mr. McDowell): I can inform the Deputy that nature and extent of physical and sexual abuse of my Department is endeavouring to purchase a children in institutions and in other places. site, the subject of this Parliamentary Question, Court action may be taken under the criminal from Kildare County Council for some time. and civil code of law in relation to allegations of I wish to confirm that funding is available from child sexual abuse. Statutes of limitation are not my Department for the purchase of the site and a feature of the criminal code of law, where the for the building of a premises to meet the needs State, in the public interest, seeks to prosecute of the Project in question. Planning permission those who commit offences because the commit- has been obtained in accordance with the plans ting of such offences, which may result in injury and specifications. Once the purchase of the site to individuals, are an affront also to society at is complete, the tender process for the construc- large (though the courts will prevent a pros- tion of the premises will commence. ecution from proceeding in particular cases where I am advised, by our legal representatives, that they are satisfied that because of the passage of the outstanding minor issues have been time it would be unsafe to proceed). The matter is addressed. My Department is now in receipt of the responsibility for the Criminal Justice System the contract of sale and I am now confident that which includes the Gardaı´, the Director of Public the purchase will be finalised very shortly. Prosecutions (DPP) and the Courts. I have no role in relation to the investigation or prosecution Citizenship Applications. of offences and this is a matter for the Gardaı´ and 315. Mr. Aylward asked the Minister for the DPP. Justice, Equality and Law Reform the progress By contrast, the civil law provides a means to date on the application for naturalisation by a whereby an individual aggrieved by the actions of person (details supplied) in County Kilkenny. another can seek redress, usually in the form of [22285/06] monetary compensation for the wrong alleged. The limitation period for civil actions arising out Minister for Justice, Equality and Law Reform of personal injury is generally three years from (Mr. McDowell): An application for a certificate the date of the injury or, if later, the date on of naturalisation by the person referred to by the which the victim became aware (or could have Deputy was received in the Citizenship Section of become aware) of the injury. Where the injured my Department on 28 February 2006. person was under a disability at the time of the Officials in Citizenship Section are currently injury or of the date of knowledge, the three-year processing applications for naturalisation period does not start to run until the person is received in the first half of 2004 and, at the no longer under a disability. “Disability” in this present time, there are over 8,000 applications context is used in a technical way as meaning awaiting processing before that of the person in either a person of unsound mind or a minor. Thus question. As things stand at present, it is likely for an injury done to a person as a child, the latest that the application of the person in question will point at which the person can commence civil be finalised in the first half of 2008. proceedings would generally be age 21: that is, I will inform the Deputy and the person con- three years after reaching the age of majority. cerned when I have reached a decision on the In 2000, the Statute of Limitations application. (Amendment) Act was passed on foot of a Private Member’s Bill proposed by Deputy Jan Sexual Offences. O’Sullivan and supported by the Government. 316. Mr. O’Shea asked the Minister for Justice, This Act made important changes to the Statute Equality and Law Reform his proposals to set up of Limitation 1957 as it relates to acts of sexual an appropriate forum for people for people alleg- abuse done to a person while a child. As a result ing that they were sexually abused as children but of that Act, a victim of child sex abuse is regarded whose cases are not being proceeded with, due to as under a disability if, as a result of that abuse the lapse of time, to be heard; and if he will make or any other act of the abuser, the person is suf- a statement on the matter. [22286/06] fering a psychological injury which substantially impairs his or her ability to make a reasoned Minister for Justice, Equality and Law Reform decision in relation to bringing the civil action. (Mr. McDowell): Child sexual abuse is a heinous Thus the three-year period does not start to run offence which cannot be tolerated in any civilised in such cases until the victim has recovered society. As far as I, and the Government are con- sufficiently from the psychological injury to be cerned, there will be no hiding place for those able to decide whether to bring the action. 957 Questions— 13 June 2006. Written Answers 958

The amendments made to the Statute of Limi- who entered the prison system in 2004 were tations Acts have assisted survivors of sexual immigration detainees, the corresponding per- abuse in bringing court actions. The Government centage for 2005 was 9% (860). 2004 A total of also put in place a regional professional coun- 8,820 persons accounted for the 10,657 commit- selling service, dedicated specifically to providing tals to prison in 2004. The breakdown by support and help to survivors of child abuse. nationality was as follows:

Residence Permits. Nationality Total

317. Mr. Haughey asked the Minister for Irish 7,016 Justice, Equality and Law Reform if he will issue an appropriate letter to persons (details supplied) Other E.U. 215 in Dublin 5 confirming that permission has been Other European 845 granted to them to remain in the State, as con- Asian 217 firmed to this Deputy in a reply to Parliamentary African 374 Question No. 501 of 15 November 2005, to enable North American 17 them to obtain the appropriate stamp or visa; and if he will make a statement on the matter. Central/South American 78 [22302/06] Austral/Asian 1 Not Recorded 57 Minister for Justice, Equality and Law Reform (Mr. McDowell): I wish to inform the Deputy Total 8,820 that letters advising the persons concerned that residency had been granted to them were issued 2005. on 11 November 2005. A total of 8,686 persons accounted for the 10,658 committals to prison in 2005. The break- Proposed Legislation. down by nationality was as follows: 318. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the provisions Nationality Total he intends to include in the Civil Law (Miscellaneous Provisions) Bill 2006 regarding, Irish 6,501 gambling, gaming or lotteries; and if he will make E.U. 263 a statement on the matter. [22303/06] Other European 1,066 Minister for Justice, Equality and Law Reform Asian 257 (Mr. McDowell): The Civil Law (Miscellaneous African 425 Provisions) Bill 2006 amends, inter alia, the Gam- North American 13 ing and Lotteries Acts 1956-86 to insert new Central/South American 100 values for the minimum stake and prize amounts allowed for gaming machines. Provision is also Austral/Asian 6 made to allow the Minister for Justice, Equality Not Recorded 55 and Law Reform to vary the amount in stake and Total 8,686 prize money in the future. As I indicated in the Adjournment Debate on 10th May, I propose to bring forward additional 2006 (up to 31May, 2006). provisions aimed at tightening up the A total of 4,611 persons accounted for the 5,153 enforceability of gaming and lotteries law. These committals to prison up to and including 31 May, provisions are being developed for inclusion in 2006. The breakdown by nationality was as the Bill at Committee Stage. They will reflect and follows: reinforce current Oireachtas policy which stands for the prohibition of casino-style operations in Nationality Total the State and against the idea that casinos should be permitted and regulated. Irish 3,383 Other E.U. 346 Prison Committals. Other European 407 319. Mr. J. O’Keeffe asked the Minister for Asian 179 Justice, Equality and Law Reform the number of persons in prison for each of 2004, 2005 and 2006; African 200 and if he will provide a breakdown of those per- North American 8 sons by nationality. [22304/06] Central/South American 53 Austral/Asian 1 Minister for Justice, Equality and Law Reform Not Recorded 34 (Mr. McDowell): The information requested by the Deputy is set out in the following tables. It Total 4,611 should be noted that 11% (946) of all persons 959 Questions— 13 June 2006. Written Answers 960

[Mr. McDowell.] new members. This compares with a total I wish to further advise the Deputy that 946 of strength of 10,702 (all ranks) as at 30 June 1997 all persons who entered the prison system in 2004 and represents an increase of 1,939 (or 18.1%) in were immigration detainees. The 2005 figure in the personnel strength of the Force during that this regard was 860 persons. period. I have been further informed that the person- Road Traffic Offences. nel strength of the Waterford/Kilkenny Division 320. Ms O. Mitchell asked the Minister for as at 9 June 2006 was 367 Gardaı´ (all ranks). The Justice, Equality and Law Reform the number of personnel strength of Waterford/Kilkenny Garda persons detected, summonsed and convicted for Division as at 31 December 1997 was 306 (all driving a school bus without wearing a safety belt ranks). This represents a very sizeable increase of each year from 2000 to date in 2006; and if he will 61 (or 20%) in the number of personnel allocated make a statement on the matter. [22305/06] to the Waterford/Kilkenny Division since that date, including an additional 13 Probationer Minister for Justice, Equality and Law Reform Gardaı´ allocated to the Division in conjunction (Mr. McDowell): I am informed by the Garda with the most recent allocation of Probationer authorities that the Road Traffic (Construction, Gardaı´ on 9 June 2006. Equipment and Use of Vehicles) (Amendment) Garda management state that there are cur- (No. 3) Regulations, 1991 provide an exemption rently 14 Gardaı´ (all ranks) seeking a transfer out from the requirement to wear a seat belt for the of the Waterford/Kilkenny Division. Where drivers of vehicles which carry eight or more pass- Gardaı´ are transferred out of a Division, replace- engers. Consequently the question of convictions ments are provided for by way of allocation of does not arise. Probationer Gardaı´ or inter-divisional transfers. Garda management further state that the infor- Garda Remuneration. mation on total numbers of transfers sought in 321. Mr. Cregan asked the Minister for Justice, the past five years, and on where such members Equality and Law Reform if a special pension requested to be transferred to and from, is not from An Garda Sı´ocha´na will be made payable to readily available in the detail sought and can only a person (details supplied) in County Cork; and if be obtained by the disproportionate expenditure he will make a statement on the matter. of Garda time and resources. [22332/06] It is the responsibility of Garda management to allocate personnel to and within Divisions on a Minister for Justice, Equality and Law Reform priority basis in accordance with the require- (Mr. McDowell): This officer was discharged ments of different areas. These personnel allo- from the Garda Sı´ocha´na on the grounds of ill- cations are determined by a number of factors health on 14 November, 2004 and was awarded including demographics, crime trends, adminis- an ordinary ill-health pension and retirement trative functions and other operational policing gratuity. needs. Such allocations are continually monitored Under the Garda Sı´ocha´na Pension Regu- and reviewed along with overall policing arrange- lations a special pension is awarded only where a ments and operational strategy. This ensures that member is discharged on ill-health grounds as a result of an injury received in the execution of his optimum use is made of Garda resources, and duties. The Garda Commissioner, on the advice that the best possible service is provided to the of the Chief Medical Officer, deemed that the public. officer was not discharged as a result of an injury I should add that the current recruitment drive received in the execution of his duties. Conse- to increase the strength of the Garda Sı´ocha´na to quently, payment of a special pension does not 14,000 members, in line with the commitment in arise in this case. the Agreed Programme for Government, is fully on target. This will lead to a combined strength, Garda Deployment. of both attested Gardaı´ and recruits in training, of 14,000 by the end of this year. The first group 322. Mr. Deasy asked the Minister for Justice, of newly attested Gardaı´ under this accelerated Equality and Law Reform the number of Gardaı´ recruitment programme came on stream in who have applied for transfer in Waterford City March and the second such group did so on the and Waterford County in each of the past five years; and the details of where they requested to 8th of June. Further tranches of approximately be transferred from and to. [22366/06] 275 newly attested Gardaı´ will follow every 90 days thereafter until the programme is complete. Minister for Justice, Equality and Law Reform The Garda Commissioner will now be drawing (Mr. McDowell): I have been informed by the up plans on how best to distribute and manage Garda Commissioner that the personnel strength these additional resources, and in this context the (all ranks) of An Garda Sı´ocha´na rose to a record needs of Co. Waterford will be given the fullest 12,641 on 8 June 2006 with the attestation of 273 consideration. 961 Questions— 13 June 2006. Written Answers 962

323. Mr. Deasy asked the Minister for Justice, 8th of June. Further tranches of approximately Equality and Law Reform if, in view of the fact 275 newly attested Gardaı´ will follow every 90 that Waterford City and County have the lowest days thereafter until the programme is complete. levels of Garda Sı´ocha´na of any urban area, a dis- The Garda Commissioner will now be drawing proportionate amount of new recruits will be allo- up plans on how best to distribute and manage cated to the Waterford area; and if he will make these additional resources, and in this context the a statement on the matter. [22371/06] needs of the Waterford/Kilkenny Division will be given the fullest consideration. Minister for Justice, Equality and Law Reform (Mr. McDowell): I have been informed by the Garda Stations. Garda Commissioner that the personnel strength (all ranks) of An Garda Sı´ocha´na rose to a record 324. Mr. Deasy asked the Minister for Justice, 12,641 on 8 June 2006 with the attestation of 273 Equality and Law Reform if he will consider new members. This compares with a total funding for a new Garda sub-station in the ward strength of 10,702 (all ranks) as at 30 June 1997 three area of Waterford City; and if he will make and represents an increase of 1,939 (or 18.1%) in a statement on the matter. [22372/06] the personnel strength of the Force during that period. Minister for Justice, Equality and Law Reform (Mr. McDowell): There are currently no plans to I have been further informed that the person- establish a Garda Sub-Station in the ward three nel strength of the Waterford/Kilkenny Division area of Waterford City. as at 9th June 2006 was 367 Gardaı´ (all ranks). The Garda authorities point out that the open- The personnel strength of Waterford/Kilkenny ing of any new Garda station would necessitate Garda Division as at 31st of December 1997 was the deployment of additional Garda personnel to 306 (all ranks). This represents a very sizeable indoor administrative duties. Such personnel can increase of 61 (or 20%) in the number of person- be utilised more effectively in providing a visible nel allocated to the Waterford/Kilkenny Division Garda presence on outdoor policing duties. since that date, including an additional 13 Pro- bationer Gardaı´ allocated to the Division in con- junction with the most recent allocation of Pro- Criminal Prosecutions. bationer Gardaı´ on the 9th of June 2006. 325. Mr. F. McGrath asked the Minister for It is the responsibility of Garda management to Justice, Equality and Law Reform the reason the allocate personnel to and within Divisions on a majority of sex offenders are not brought to priority basis in accordance with the require- justice; and the protection plans for child safety ments of different areas. These personnel allo- in place in view of the 8,150 sex offenders living cations are determined by a number of factors and working in the community. [22414/06] including demographics, crime trends, adminis- trative functions and other operational policing Minister for Justice, Equality and Law Reform needs. Such allocations are continually monitored (Mr. McDowell): The Government places a high and reviewed along with overall policing arrange- priority on putting into place measures aimed at ments and operational strategy. This ensures that tackling crimes of rape, sexual assault and other optimum use is made of Garda resources, and crimes of a sexual nature. that the best possible service is provided to the All sexual offence cases are the subject of rig- public. orous investigation by the Gardaı´. All available The Garda authorities advise that the Assistant resources are employed in respect of all sex Commissioner, Human Resource Management, offence cases to bring these investigations to a in consultation with Divisional Officers, arranges successful conclusion. Investigation files are for- for the allocation of Garda personnel throughout warded to the Law Officers for a decision as to the State. The Assistant Commissioner is aided what charges are to be preferred. An Garda in this regard by a model known as the Garda Sı´ocha´na actively encourages people who are the Establishment Redistribution Model which is a victims of any crime to report the offence to the scientific, rational and pragmatic model and is the Gardaı´. In addition, a number of established most effective means of distributing Garda initiatives underpin this policy, such as the Garda personnel. confidential telephone number, Crimestoppers I should add that the current recruitment drive and Crimecall. to increase the strength of the Garda Sı´ocha´na to The Criminal Justice (Trafficking and Sexual 14,000 members, in line with the commitment in Offences) Bill, at present at an advanced stage of the Agreed Programme for Government, is fully preparation in my Department, will offer further on target. This will lead to a combined strength, protection to children against sexual exploitation. of both attested Gardaı´ and recruits in training, Also, an amendment to the Criminal Justice Bill of 14,000 by the end of this year. The first group 2004 has been tabled in relation to the reckless of newly attested Gardaı´ under this accelerated endangerment of children. This amendment recruitment programme came on stream in arises out of the Ferns Report which was deliv- March and the second such group did so on the ered to the Minister for Health and Children last 963 Questions— 13 June 2006. Written Answers 964

[Mr. McDowell.] number of Health Service Executive personnel October. The amendment is due to be discussed being vetted in the first quarter in 2006, as well as in the near future at Committee Stage of the vetting being introduced for the Private Security Criminal Justice Bill. Authority. A number of organisations from the There is a high attrition rate in rape cases in voluntary sector are currently being identified for Ireland, and a large number of cases reported to vetting services. the Gardaı´ do not reach prosecution stage for a The expansion of the service being provided by variety of reasons. My Department has approved the GCVU is proceeding in a planned and struc- joint funding for comprehensive research into tured manner in consultation with Government attrition rates in rape cases. The research, which Departments responsible for childcare, and will is entitled “the Understanding of Attrition, Early continue until vetting is provided for all person- Withdrawal, the Trial Process and Identifying nel working in a full time, part-time and or volun- Possible Changes to Support Complainants in tary capacity with children and or vulnerable Rape Cases”, is being carried out by the Depart- adults. ment of Law at the National University of The Sex Offenders Act, 2001, which com- Ireland, Galway and the Rape Crisis Network menced on 27 September 2001, sets out the obli- Ireland, is being conducted over three years and gations on persons convicted of a range of sexual is expected to be completed in 2007/2008. This offences. A convicted sex offender must notify research should provide a greater understanding his/her name(s), date of birth and current home as to why some victims choose not to report cases to the Gardaı´, what can be done about under address to the Garda Sı´ocha´na within seven days reporting and why, of the cases that are reported, of the conviction for the sexual offence concerned only a relatively small percentage result in a or, where the offender is sentenced to imprison- court hearing. ment, from the date of full release from prison. The Garda Central Vetting Unit (GCVU) was Thereafter, the offender must notify the Gardaı´ established in 2002 and currently processes vet- of any change of name or address within seven ting requests in respect of, inter alia, prospective days of that change. Notification of any address full-time employees of the Health Service Execu- where the offender spends either as much as tive and certain agencies funded by the Health seven days or two or more periods amounting to Service Executive, as well as in respect of selected seven days in any twelve month period must also employment in other sectors. be given to the Gardaı´. In 2004, an interagency Working Group on If the offender intends to leave the State for a Garda vetting reported with a clear and focused period of seven days or more s/he must inform strategy for enhancing national vetting arrange- the Gardaı´ of this fact and the address at which ments. The strategy provides for an expansion of s/he intends to stay and also notify the Gardaı´ of the GCVU’s vetting service to all organisations his/her return. If s/he did not intend to stay away which recruit persons having substantial, for more than seven days but did, s/he must unsupervised access to children and vulnerable inform the Gardaı´ within a further seven days. adults. The implementation of the strategy is The provisions of the Act extend to any sex being overseen by an Implementation Group on offenders entering this jurisdiction from abroad Garda Vetting comprising key stakeholders. who have an obligation to register in their own The GCVU has been successfully decentralised countries. to new, custom-designed office accommodation It is an offence to fail to comply with the notifi- in Thurles, Co. Tipperary. Since its decentralis- cation requirements. The penalty is imprisonment ation in November, 2005 new liaison mechanisms for up to 12 months or a fine of \1,900 or both. have been successfully implemented in the The courts can also sentence an offender who Health Service Executive and are now being has been found guilty of an offence under the extended to all organisations previously regis- schedule of offences in the Act to a period of tered for vetting. Significant changes have been statutory supervision under the Probation and made in the work processes of the Unit in order Welfare Service on their release from prison. to streamline the processing of vetting appli- cations and have resulted in an improved service The Domestic Violence and Sexual Assault being provided. In addition, an additional 17 staff Unit of An Garda Sı´ocha´na monitor and manage have been provided to the GCVU to more than the notification provisions. There are nominated double its numbers from 13 to 30. Garda Inspectors in each Garda Division who are The expansion of the Garda Vetting service to notified by the Domestic Violence and Sexual new organisations and sectors will be by way of a Assault Unit when a sex offender, who is subject phased roll-out to an increasing number of organ- to the requirements of the Sex Offenders Act, isations in the child care and vulnerable adult 2001, becomes resident in their Division and who care sector and a phased expansion plan, within have responsibility for monitoring such persons. current resource capacity, has been prepared and There are currently 915 persons subject to the accepted by the Implementation Group on Garda Act’s requirements. The Act and its operation are Vetting. This has resulted in an increase in the kept under constant review. 965 Questions— 13 June 2006. Written Answers 966

Ministerial Responsibilities. aged that another programme will commence in Arbour Hill Prison in Autumn 2006. 326. Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the person The number of suitably motivated offenders responsible for the overall supervision and man- applying for participation on the Sex Offenders agement of the justice system here; and the per- Programme has, however, declined in recent son who takes responsibility when it fails citi- years and this is a matter of concern. The Irish zens. [22415/06] Prison Service are currently examining this situation to determine what measures may be Minister for Justice, Equality and Law Reform taken to increase the number of offenders partici- (Mr. McDowell): The Irish criminal justice pating on the programme. A number of system has served the people well since the additional psychologists have recently been foundation of the State. In particular, our crimi- appointed to the Irish Prison Service. These new nal justice system has acted down the years as a psychologists will play an important role in work- vital bulwark, protecting our citizens from the ing with offenders to address their offending very real threat posed to the State from subver- behaviour, including work with sex offenders sion and terrorism. aimed at enhancing their preparedness for pos- sible participation on the Sex Offender Political accountability for the criminal justice Programme. system is vested in the Minister for Justice. As the current holder of this post I can assure the As I have indicated to this House on a number Deputy that I will continue to implement the of previous occasions, the permanent closure of Government’s ambitious modernising and The Curragh Place of Detention arose in the con- reforming programme right across the system, text of the implementation of the change agenda from policing to management of prisoners. aimed at eliminating overtime payments and reducing other costs in the Irish Prison Service. Other office holders, judicial and non-judicial, share in responsibility to ensure the efficient management and operation of the criminal justice Garda Equipment. system and all are bound under the Constitution 328. Ms Harkin asked the Minister for Justice, to do their utmost to ensure it serves the people Equality and Law Reform if he will clarify his to the highest possible standards. reply to Parliamentary Question No. 385 of 16 May 2006, if Garda stations have fax machines Prison Therapeutic Services. and do not use them or if they do not have fax machines at all. [22421/06] 327. Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason the Minister for Justice, Equality and Law Reform number of sex offence prisoners receiving ther- (Mr. McDowell): I presume that the Deputy is in apy has decreased; and the reason he closed the fact referring to my reply to Parliamentary Ques- major unit at the Curragh. [22417/06] tion no. 531 of 30 May 2006. In response I can confirm that 21 Garda stations in the Minister for Justice, Equality and Law Reform Sligo/Leitrim Division do not have fax machines. (Mr. McDowell): There are three forms of direct therapeutic intervention for sex offenders cur- rently operating within the Irish prison system. Residency Applications. These are as follows: individual counselling from 329. Mr. O’Shea asked the Minister for Justice, the Irish Prison Service’s Psychology Service and Equality and Law Reform the position regarding from the Probation and Welfare Service; the Sex residency for persons (details supplied) in County Offender Programme which has been in oper- Waterford; and if he will make a statement on the ation since 1994; and one-to-one interventions by matter. [22431/06] visiting psychiatrists who provide support to prisoners. Minister for Justice, Equality and Law Reform Every effort is made to assist sex offenders in (Mr. McDowell): The parents of the persons in custody who are willing to participate at any level question were granted permission to remain in in their personal rehabilitation and relapse pre- the State in accordance with the revised arrange- vention. While it is not possible to quantify with ments for parents of an Irish child born before 1 absolute accuracy participation in all forms of January 2005, commonly referred to as the rehabilitation, many of those in custody for sex IBC/05 scheme. offences have availed of one or more of the forms The persons concerned have applied for per- of intervention referred to above. mission to remain in the State on the basis that A total of 122 sex offenders have completed they are dependents of people granted residency the Sex Offender Programme to date. This figure under the IBC/05 scheme. It is currently taking includes eight men who have recently completed approximately 12 months to process such appli- the programme in Arbour Hill Prison. It is envis- cations due to the volume of cases on hands fol- 967 Questions— 13 June 2006. Written Answers 968

[Mr. McDowell.] Therapies, Vaccination Programmes and treat- lowing the cessation of the above mentioned ment for viral illnesses. scheme. 331. Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform if he will Drugs in Prisons. explain what the Irish Prison Service has learned ´ from the Scottish Prison Service’s decision to end 330. Aengus O Snodaigh asked the Minister for mandatory drug testing after ten years due to the Justice, Equality and Law Reform the way in fact that it was not achieving the desired results in which the Government will know whether it has view of his office indicating that the Irish Prison been successful in making the prisons drug free Service are always conscious of the potential to when his office admits that it is difficult to quan- learn from improvements in other countries with tify the precise level of illegal drugs consumed by regard to drug treatment, particularly with regard prisoners or the numbers of prisoners actually to technological developments. [22436/06] abusing drugs, in view of the covert nature of illicit drug taking while in a custodial setting. Minister for Justice, Equality and Law Reform [22435/06] (Mr. McDowell): The new Irish Prison Service Policy and Strategy, entitled Keeping Drugs out Minister for Justice, Equality and Law Reform (Mr. McDowell): As I have repeatedly stated, no of Prisons fulfils the commitment in the Prog- level of illegal drug consumption in a prison set- ramme for Government to publish a plan to end ting is acceptable to me or to the prison auth- all heroin use in Irish prisons as well as my own orities. It is my intention and that of the Irish commitment to achieving a drug-free prison Prison Service to take all necessary measures to system. The new Policy and Strategy provides, for eliminate drug misuse among prisoners. There the first time, a coordinated and consistent are currently a range of measures employed in national approach to eliminating the supply of the Irish Prison Service with the aim of eliminat- drugs into prison as well as ensuring that appro- ing both the supply of and the demand for drugs priate treatment is available to prisoners to help within the prison system. These measures con- them conquer their addiction. tinue to be updated and reinforced and the new The implementation of the new Policy and Drugs Policy and Strategy for the Prison Service, Strategy will see an intensification of efforts in again outlines my personal commitment to tack- the prison system to eliminate the availability of ling this problem. illicit drugs within prisons. This will involve the The absence to date of mandatory drug testing traditional means of effecting supply reduction — has made it impossible to accurately quantify the staff vigilance, physical searches and supervision measure of drug misuse within our prison system. of persons entering prisons — continuing to be This new initiative will, for the first time, provide reinforced by means of improved facilities and empirical evidence as to the extent of the prob- procedures. The Policy and Strategy also provides lem and also provide information on trends in for a range of new measures to eliminate the sup- drug misuse. In addition, it will enable the identi- ply of drugs into prisons, including enhanced visit fication and referral of drug abusers to treatment security, the introduction of drug detection dogs programmes, enable enhanced focusing of and mandatory drug testing. resources and act as a deterrent to drug misuse. My Department is always cognisant of Measures to curtail the supply of drugs into improvements in other countries with regard to prisons, include video surveillance, improved drug treatment, particularly with regard to tech- visiting/searching facilities and increased vigil- nological developments. To this end, the Irish ance by staff. Netting has been installed over the Prison Service remains in regular contact with recreation yards in a number of our closed other jurisdictions, including the Scottish Prison prisons, to prevent contraband material, such as Service, and it is my understanding the practice drugs, being propelled over exterior walls. Future of mandatory drug testing has not been discon- prison designs will seek to locate recreation yards tinued in that Prison Service. Mandatory drug away from perimeter walls as part of further testing is still conducted on a quarterly basis in efforts to frustrate the supply of illegal drugs. order to aid management of the prison popu- Measures to reduce the demand for drugs lation. Prisoners, in order to progress through the within the prison system include education, treat- system to a more enhanced regime setting, must ment and rehabilitation of drug addicted undertake a Mandatory Drug Test. offenders. These programmes and interventions I am satisfied that mandatory drug testing can are delivered on an individual and coordinated play an important role in the overall strategy for basis by the Psychology Service, Probation and tackling the scourge of drug use among prisoners Welfare Service, Prison Education Service and in Irish prisons. Mandatory drug testing will prison officers. Particular initiatives put in place provide information on trends in drug misuse, include Drug Free Areas, Drug Misuse Aware- enable the identification and referral of drug abu- ness Programmes, Support Programmes and sers to treatment programmes, enable enhanced appropriate health interventions, Substitution focusing of resources and act as a deterrent to 969 Questions— 13 June 2006. Written Answers 970 drug misuse. Mandatory drug testing will also fee of \100 is being levied for Garda national provide important information to prison manage- immigration bureau cards in view of the fact that ment that will contribute significantly to decision- previously these cards were issued free of charge making in relation to the management of individ- and in view of the fact that passports cost \75. ual prisoners sentences. The introduction of [22679/06] mandatory drug testing will allow the Irish Prison Service to deploy its resources in the most Minister for Justice, Equality and Law Reform rational and productive manner. (Mr. McDowell): In line with international prac- tice I introduced a fee for immigration regis- 332. Mr. J. O’Keeffe asked the Minister for tration certificates with effect from May 27 2006. Justice, Equality and Law Reform if the guide- The introduction of such a fee had been flagged lines in relation to mandatory drug testing in both in the Immigration Act 2004, and in the dis- prisons have been drawn up; and if he will outline cussion document containing the outline policy same. [22464/06] proposals for an Immigration, Residence and Protection Bill. Minister for Justice, Equality and Law Reform Non-EEA nationals who register with an immi- (Mr. McDowell): I can advise the Deputy that the gration registration officer receive a secure resi- Irish Prison Service is currently drafting a docu- dence document in the form of a Certificate of ment which will provide detailed instruction and Registration (registration card). The provision of guidance on the implementation of Mandatory such high quality secure documents is an expens- Drug Testing. ive process. The costs involved include the actual cost of the card itself which includes several EU Directives. security features (including a biometric chip), administrative work by registration officers in the 333. Mr. English asked the Minister for Justice, form of checking of documentation and capture Equality and Law Reform the reason the regu- of registration details and a state-of-the-art com- lations as enacted here only apply to family puterised registration system operated by the members lawfully resident in another Member Garda National Immigration Bureau (GNIB). State in relation to the enactment of the Euro- The State must provide the administrative pean Communities (Free Movement of Persons) resources and computer systems necessary to deal Regulations 2006, in view of the fact that the regulations as adopted by the European Council with the issuing of these residence documents and do not include this limitation. [22649/06] the practice internationally is to charge for the issuing of residence permits. Ireland has now introduced a similar charging system and the fee Minister for Justice, Equality and Law Reform \ (Mr. McDowell): On 28 April, 2006 I made the of 100 is in line with the amounts charged in European Communities (Free Movement of other states. Persons) Regulations 2006 which transposed into I would also like to take this opportunity to Irish law the European Directive on the right of point out that the Regulations which I have intro- citizens of the Union and their family members duced provide for exemptions from payment of to move and reside freely within the territory of the fee. There are six categories of persons who the Member States. The Directive replaced nine are exempt from payment of the fee and these previous Directives and amended one European categories are as follows: Persons in respect of Regulation, No. 1612/68, on the freedom of whom a declaration of refugee status under workers within the Community. section 17 of the Refugee Act 1996 is in force The provision in the Regulations as referred to (Convention Refugees); Persons who have been by the Deputy takes account of rulings from the reunified with such refugees under section 18 of European Court of Justice, in particular in the the Refugee Act 1996; Programme refugees “Akrich” case (C-109/01), which dealt with the within the meaning of section 24 of the Refugee freedom of movement of workers within the Act 1996; Persons who are under 18 years of age European Union. In that case the Court ruled, at the time of registration; Spouses of Irish citi- inter alia, that in order to be able to benefit from zens; Dependants of EU nationals who receive a the rights provided for in Article 10 of Regulation residence permit under EU Directive 38/04. (EEC) No. 1612/68 on freedom of workers within The vast majority of the remaining categories the Community, a national of a non-Member of non-EEA nationals registered in Ireland will State married to a citizen of the Union must be be resident on the basis that they are working, lawfully resident in a Member State when he/she studying or self-sufficient. Such persons have moves to another Member State to which the been granted residency on the basis that they Union citizen is migrating or has migrated. would be able to support themselves and would not be a burden on the State’s resources. For such a person who has indicated that he/she has Residency Permits. sufficient funds to reside in Ireland without 334. Mr. Andrews asked the Minister for becoming a burden on the State, the payment of Justice, Equality and Law Reform the reason a \100, typically once a year, should not be too 971 Questions— 13 June 2006. Written Answers 972

[Mr. McDowell.] unable to bring the matter further at any pro- onerous considering that it works out as costing posed meeting. less than \2 per week. It should also be noted that not all applicants Garda Operations. will have to pay the fee on a yearly basis. Each individual will be charged for the issue of the 337. Mr. Costello asked the Minister for registration certificate regardless of the certifi- Justice, Equality and Law Reform when the cate’s duration, so in effect if a person is entitled Garda unit for vetting people who apply to work with young people was established; the number to be registered for more than one year, he/she of people in the unit; the areas of employment will still only have to pay a fee of \100 for this vetted by the unit; the average waiting time for certificate. vetting to take place; and if he will make a state- In relation to the Deputy’s point regarding the ment on the matter. [22699/06] cost of passports, I would like to clarify that the issuance and cost of Irish passports is a matter Minister for Justice, Equality and Law Reform which falls under the remit of the Department of (Mr. McDowell): The Garda Central Vetting Foreign Affairs and not that of the Department Unit (GCVU) was established in January 2002 to of Justice, Equality and Law Reform. deal with the then known demand for vetting applications. From a child protection perspective, Garda Investigations. the Unit processes vetting requests in respect of 335. Mr. Costello asked the Minister for the following: Justice, Equality and Law Reform the steps which — prospective employees of the Health Service have been taken to verify the accuracy of the alle- Executive (HSE); gations in correspondence (details supplied); and if he will make a statement on the matter. — prospective employees of certain agencies [22688/06] funded by the HSE; — childcare places funded by the Equal Oppor- Minister for Justice, Equality and Law Reform tunities Childcare Programme of the (Mr. McDowell): I have requested a report from Department of Justice, Equality and Law the Garda authorities in relation to the alle- Reform; gations in question. I will contact the Deputy again when the report is to hand. — special education facilities; — special needs assistants in the general edu- 336. Mr. Costello asked the Minister for cation sector; Justice, Equality and Law Reform if he will meet — school transports; and with persons (details supplied). [22698/06] — prospective adoptive parents and fosterers. Minister for Justice, Equality and Law Reform The GCVU is currently staffed by 34 personnel, (Mr. McDowell): I am aware from a considerable comprising 1 Garda Inspector, 2 Garda Sergeants volume of correspondence that both families wish and 31 civil servants. This level of staffing rep- to meet with me to demand separate independent resents a more than doubling in the human inquiries into the tragic deaths of their sons — resources allocated to the Unit in the past 12 deaths which were unrelated save for the fact that months. both occurred following detention in Garda The current average processing time for vetting custody. applications is approximately five weeks. With regard to the first family I have read the Since the GCVU’s decentralisation to Thurles, Garda investigation file in the matter and the Co. Tipperary, in November 2005, new liaison Director of Public Prosecutions has directed no mechanisms have been successfully implemented prosecution on foot of that investigation file. At in the HSE and are now being extended to all present, the inquest into the death is ongoing. I organisations previously registered for vetting. have informed the family that further consider- Significant changes have been made in the work ation will be given to their request for a meeting processes of the Unit in order to streamline the when the inquest has been completed and a ver- processing of vetting applications, and these have dict returned. resulted in an improved service being provided. The circumstances of the first case are quite A planned expansion of the Garda vetting different from those of the second case. In the service to new organisations and sectors will first case, unlike the second case, all are agreed occur by means of a phased roll-out to an increas- that the young man in question suffered serious ing number of organisations in the child and vul- injuries in a Garda Station. nerable adult care sectors. To this end, a phased As a consequence my position in relation to the expansion plan, within current resource capacit- second case remains unaltered from that outlined ies, has been prepared. This has resulted in an by me in my response to Parliamentary Question increase in the number of HSE personnel being Number 409 of 6 July 2004. Thus I would be vetted in the first quarter in 2006, as well as vet- 973 Questions— 13 June 2006. Written Answers 974 ting being introduced for the Private Security Region Number Authority. A number of organisations from the voluntary sector are currently being identified for Eastern 226 vetting services. Northern 252 The expansion of the vetting service being pro- Western 132 vided by the GCVU is proceeding in a planned Southern 366 and structured manner in consultation with the Government Departments responsible for child Total 2,013 and vulnerable adult care. This expansion will continue until vetting is provided for all person- nel working in a full time, part-time and/or volun- tary capacity with children and/or vulnerable Proposed Legislation. adults. 339. Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he has received cor- Garda Training. respondence from an association (details 338. Ms O. Mitchell asked the Minister for supplied) in relation to the Gaming and Lotteries Justice, Equality and Law Reform the number of Act 1979; his plans in this regard; and if he will Gardaı´ driving on provisional or full licences; and make a statement on the matter. [22731/06] if he will make a statement on the matter. [22717/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): As already indicated in my Minister for Justice, Equality and Law Reform answer to Parliamentary Questions Nos. 491 and (Mr. McDowell): I am informed by the Garda 494 on 30 May 2006, in discussions held with my authorities that members of the Garda Sı´ocha´na officials at the request of a body called the Gam- are allowed to drive official vehicles in two cir- ing and Leisure Association of Ireland, rep- cumstances: (a) they hold at least a class “B” resenting a number of casino-style operations, the Driving licence and have been authorised to drive following views and proposals were conveyed in by the Chief Superintendent or (b) they have clear terms to that Association. completed an official driving course. Public policy in the matter of casino gambling Members on provisional licences are not per- in Ireland is as set out in the Gaming and Lotter- mitted to drive official vehicles. ies Acts. These Acts prohibit casino-type oper- Divisional Officers or Chief Superintendents ations, and I am strongly of the view that there have the power to authorise a member who is a should be no departure from settled policy in holder of a full class “B” Driving licence this area. (standard car licence) to drive official cars and It is my view that casinos are socially undesir- vans, subject to the member being otherwise able and I think that is the view of a great many deemed suitable. This applies only to a car or van. people in this society. The Gaming and Lotteries This is known as “Chief’s Permission”. Acts 1956-1986 define what unlawful gaming is, Members who have been issued with a Certifi- and allow permitted exclusions from that defini- cate of Competency — having completed an tion which cater for many activities that currently appropriate driving course — may also be author- take place. ised by Divisional Officers or Chief Superin- As I already indicated in an earlier Parliamen- tendents to drive official vehicles. The Certificate tary Question (No. 409 on 4 April 2006) I have of Competency allows a member to drive official concerns about the enforceability of the present vehicles where he/she has completed a course for law as it applies to casino-style operations and the that particular vehicle. scope for use of such operations for money-laun- The fact that members who hold a current dering. There has been concern for some time Class B Driving licence may with Chief’s Per- about the scope that casinos offer for money mission drive official cars is of assistance to laundering and the concealment of the proceeds Garda management from an operational point of crime. This was highlighted in a recent report of view. of an evaluation by the Financial Action Task I have been further informed by the Garda Force (FATF) — the leading international anti- authorities that the number of Gardaı´ who are money laundering organisation — of Ireland’s driving Garda cars generally and have Chief anti-money laundering legislation and other Superintendent’s permission, in each region, as at measures. In that Report, the FATF evaluation 7 February, 2006 (the latest date for which figures team expressed their concern and stated that are readily available) was as set out in the follow- “ . . . this system [of private clubs operating as ing table. casinos] does create the potential for real AML/CFT (Money Laundering/Financing of Region Number Terrorism) risks”. I also indicated in that reply that I intended to bring forward proposals for D.M.R 836 further changes to the gaming and lotteries legis- lation that will facilitate the prosecution of South Eastern 201 offences and the closing down of establishments 975 Questions— 13 June 2006. Written Answers 976

[Mr. McDowell.] on matters relating to children and their welfare. engaged in such illegal operations. It is my inten- The New Programme is a key element of the tion to seek Government approval within the National Childcare Strategy 2006 — 2010 to be next few weeks for these changes, to be included, implemented by the new Office of the Minister by way of Committee Stage amendments to the for Children. It is effective from 1 January, 2006 Civil Law (Miscellaneous Provisions) Bill 2006. and succeeds the Equal Opportunities Childcare Since meeting with my officials, the Associ- Programme (EOCP) 2000-2006 which was run by ation has made a written submission which is now my Department. The Youth Justice Service of the being examined in the Department. Department of Justice, Equality and Law Reform is also co-located at the new Office. Citizenship Applications. 340. Mr. J. O’Keeffe asked the Minister for Garda Deployment. Justice, Equality and Law Reform if he will com- 342. Mr. Stanton asked the Minister for Justice, plete the application for naturalisation of a per- Equality and Law Reform the number of Gardaı´ son (details supplied) whose family was granted stationed in the Fermoy district for each of the naturalisation in 1993. [22803/06] years 2002, 2003, 2004 and 2005; and if he will make a statement on the matter. [22865/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): I am pleased to inform the 343. Mr. Stanton asked the Minister for Justice, Deputy that I have recently approved the appli- Equality and Law Reform the number of Gardaı´ cation for naturalisation of the person in ques- stationed in the Mitchelstown, Kildorrery and tion. A letter is due to issue to him in the next Kilworth Garda stations in the Fermoy district for few days informing him of my decision and the each of the years 2002, 2003, 2004 and 2005; and procedures that need to be finalised before a cer- if he will make a statement on the matter. tificate of naturalisation can issue. [22866/06]

Ministerial Responsibilities. Minister for Justice, Equality and Law Reform 341. Mr. P. McGrath asked the Minister for (Mr. McDowell): I propose to take Questions Justice, Equality and Law Reform the functions Nos. 342 and 343 together. which have, since the last general election, been I have been informed by the Garda Com- delegated to Ministers of State at his Department missioner that the personnel strength (all ranks) by the Government under powers conferred on it of An Garda Sı´ocha´na rose to a record 12,641 by Section 2 (1) of the Ministers and Secretaries on 8 June 2006 with the attestation of 273 new (Amendment) (No.2) Act 1977; and the statutory members. This compares with a total strength of instrument number of each such order. 10,702 (all ranks) as at 30 June 1997 and rep- [22840/06] resents an increase of 1,939 (or 18.1%) in the per- sonnel strength of the Force during that period. Minister for Justice, Equality and Law Reform I have been further informed that the person- (Mr. McDowell): There are two Ministers of nel strength of the Fermoy District as at 31 State attached to my Department. Minister of December 2002, 2003, 2004 2005 and 30 April State Frank Fahey, T.D. was appointed by the 2006 was as follows: Government on 29 September, 2004 with responsibility for equality matters, particularly Year Total disability. There is no Statutory Instrument in this regard. 2002 71 Powers and duties were delegated to Mr. Brian 2003 73 Lenihan, T.D. under S.I. Number 474 of 2002. 2004 69 However, as the Deputy is aware, a New National 2005 71 Childcare Investment Programme 2006-2010 was announced by the Minister for Finance, Mr. Brian 30/4/2006 72 Cowen, T.D. on 7 December last, in Budget 2006. Also announced was a landmark decision to The personnel strength of the Mitchelstown, Kil- create an Office of the Minister for Children, dorrey and Kilworth Garda Stations as at the 31st under the Minister for Children, Mr Brian December 2002, 2003, 2004 and 2005 was as Lenihan, T.D. who will report directly to Cabinet follows:

Station 2002 2003 2004 2005

Mitchelstown 18 18 15 17 Kildorrey 2111 Kilworth 1111 977 Questions— 13 June 2006. Written Answers 978

I am also advised that in conjunction with the 15 non-headline offences recorded in the Fermoy most recent allocation of Probationer Gardaı´ on district for each of the years 2002, 2003, 2004 and 9 June 2006 a total of 12 Gardaı´ are to be 2005; and if he will make a statement on the assigned to the Cork North Division — nine (9) matter. [22871/06] Probationer Gardaı´ by way of first allocation on attestation, and a further three (3) Gardaı´ by way Minister for Justice, Equality and Law Reform of permanent inter-Divisional transfer. The full (Mr. McDowell): I propose to take Questions allocation of 12 members is due to take place by Nos. 344 to 347, inclusive, together. 11 July 2006. I am further advised that four (4) Headline crime statistics for 2002 to 2005 for of these 12 Gardaı´ are due to be assigned to the the Garda Division of North Cork, which Fermoy District. includes the Garda District of Fermoy, are con- It is the responsibility of Garda management to tained in the relevant Garda Annual Reports allocate personnel to and within Divisions on a which are available in the Oireachtas Library. priority basis in accordance with the require- ments of different areas. These personnel allo- Special Educational Needs. cations are determined by a number of factors including demographics, crime trends, adminis- 348. Dr. Cowley asked the Minister for Edu- trative functions and other operational policing cation and Science the amount the Government needs. Such allocations are continually monitored is spending on defending cases brought by rela- and reviewed along with overall policing arrange- tives of autistic people on account of the Govern- ments and operational strategy. This ensures that ments failure to provide adequate services for optimum use is made of Garda resources, and people with autism; and if she will make a state- that the best possible service is provided to the ment on the matter. [22467/06] public. I should add that the current recruitment drive Minister for Education and Science (Ms Hanafin): To date in 2006 my Department has to increase the strength of the Garda Sı´ocha´na to \ 14,000 members, in line with the commitment in spent a total of approximately 100,000 on legal the Agreed Programme for Government, is fully costs and settlements associated with court cases on target. This will lead to a combined strength, relating to educational provision for children with of both attested Gardaı´ and recruits in training, special needs compared to a total of approxi- mately \1.6 million in 2005, \5.7 million in 2004 of 14,000 by the end of this year. The second \ group of newly attested Gardaı´ under this accel- and 4.4 million in 2003. The vast majority of the erated recruitment programme came on stream in cases in question relate to children with autism. June and further tranches of approximately 275 The Department of Education and Science is not newly attested Gardaı´ will follow every 90 days complacent in dealing with these cases and it thereafter until the programme is complete. attempts, wherever possible, to reduce the poten- tial for litigation and the levels of legal costs where litigation arises. Garda Investigations. It is the case however that legal costs associated 344. Mr. Stanton asked the Minister for Justice, with such cases may take some time to be submit- Equality and Law Reform the number of group ted and processed and it is possible that further six headline offences recorded in the Fermoy dis- costs will be incurred before the end of the year. trict for each of the years 2002, 2003, 2004 and I would add that these figures do not include the 2005; and if he will make a statement on the costs of the State’s Legal defence which is borne matter. [22867/06] by the Attorney General’s office. I wish to assure the Deputy that I am most 345. Mr. Stanton asked the Minister for Justice, anxious that all children, including children with Equality and Law Reform the number of group autistic spectrum disorders, receive an education seven headline offences recorded in the Fermoy appropriate to their needs. It is in recognition of district for each of the years 2002, 2003, 2004 and this that my Department currently provides the 2005; and if he will make a statement on the following facilities for the education of children matter. [22868/06] with autism: 159 Special Classes for children with autism, attached to special and mainstream 346. Mr. Stanton asked the Minister for Justice, schools; 15 pre-school classes; 5 Special classes for Equality and Law Reform the number of group children with Asperger’s Syndrome; 12 Stand- eight headline offences recorded in the Fermoy Alone facilities providing an Applied district for each of the years 2002, 2003, 2004 and Behavioural Analysis (ABA) specific 2005; and if he will make a statement on the methodology. matter. [22869/06] I can confirm that I will continue to prioritise the issue of special needs education and, in co- 347. Mr. Stanton asked the Minister for Justice, operation with the National Council for Special Equality and Law Reform the number of group Education and the education partners, ensure 979 Questions— 13 June 2006. Written Answers 980

[Ms Hanafin.] 1998 and the published criteria for recognition of that all children with special educational needs new schools. are adequately resourced to enable them to meet their full potential. State Examinations. 352. Ms O’Sullivan asked the Minister for Edu- Home Tuition Grants. cation and Science the number of students 349. Mr. Aylward asked the Minister for Edu- repeating the leaving certificate on a county basis cation and Science if she will make arrangements in respect of the years 2004 and 2005; and if she to pay home tuition allowance to a person (details will make a statement on the matter. [22294/06] supplied) in County Carlow. [22278/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The following are the total number of Hanafin): I can confirm for the Deputy that my pupils repeating the leaving certificate in each Department sanctioned a home tuition grant for county for the 2004/05 and the 2005/06 school the child in question for January and February years. 2006. I understand that the child subsequently returned to school so the grant was discontinued. Total Number of Repeat Leaving Certificate Students for The child has since been asked to leave the school 2004/05 school year and the home tuition grant has been restored with County Name 2004/05 figures effect from 23rd May 2006. The matter referred to by the Deputy will be examined by my officials Carlow 113 and a decision will be conveyed to the parents as quickly as possible. Cavan 32 Clare 160 Schools Building Project. Cork County 149 350. Mr. Walsh asked the Minister for Edu- Cork County Borough 175 cation and Science if she will approve an exten- Donegal 220 sion to a school (details supplied) in County Dublin County Borough 327 Cork. [22279/06] Dublin Fingal 16 Dublin South 236 Minister for Education and Science (Ms Du´ n Laoghaire/Rathdown 92 Hanafin): An application for capital funding Galway County 153 towards the provision of an extension has been received from the school referred to by the Galway County Borough 46 Deputy. Officials in my Department are carrying Kerry 242 out an examination of all the relevant factors such Kildare 60 as current and projected enrolment, demographic Kilkenny 27 trends and the likely impact of ongoing and pro- Laoighis 33 posed housing developments in the area with a Leitrim 40 view to determining the long term accom- Limerick County 56 modation needs of the school. When this has been finalised, the application will be considered Limerick County Borough 38 for progression in the context of the School Longford 69 Building and Modernisation Programme 2006 — Louth 79 2010. Mayo 196 Meath 79 Schools Recognition. Monaghan 37 351. Ms O’Sullivan asked the Minister for Edu- Offaly 113 cation and Science the reason her Department Roscommon 54 has deferred the granting of national school status Sligo 101 to a school (details supplied) in County Wicklow; Tipperary N.R. 81 if she will review that decision in view of the shortage of places and lack of choice of type of Tipperary S.R. 90 school patronage in that area; and if she will Waterford County 23 make a statement on the matter. [22293/06] Waterford County Borough 72 Westmeath 250 Minister for Education and Science (Ms Wexford 88 Hanafin): I am pleased to inform the Deputy that Wicklow 39 the school referred to has been granted recognit- ion from September 2006, in accordance with the Total 3,586 provisions of Section 10 of the Education Act, 981 Questions— 13 June 2006. Written Answers 982

sanctioned until 28th April 2006. My officials will Total Number of Repeat Leaving Certificate students for be in further contact with the family in the com- 2005/06 school year ing days. County Name 2005/06 figures Special Educational Needs. Carlow 114 354. Mr. P. McGrath asked the Minister for Cavan 25 Education and Science the individual special Clare 161 schools and schools with special classes which Cork County 100 applied for the July Education Programme in each of the past four years; the cost of operating Cork County Borough 126 this programme per school for the month of July Donegal 174 in each of the past four years; the number of Dublin County Borough 280 pupils per school and class who benefited from Dublin Fingal 22 this scheme; and if she will make a statement on Dublin South 178 the matter. [22347/06] Du´ n Laoghaire/Rathdown 118 Galway County 115 355. Mr. P. McGrath asked the Minister for Education and Science the number of special Galway County Borough 51 needs students who were facilitated with home Kerry 165 tuition as part of the July Education Programme Kildare 70 in each of the past four years; and if she will make Kilkenny 35 a statement on the matter. [22348/06] Laoighis 20 Leitrim 40 Minister for Education and Science (Ms Hanafin): I propose to take questions 354, 355 Limerick County 51 together. My Department’s support package for Limerick County Borough 27 the July Education Programme is available to all Longford 50 special schools and mainstream primary schools Louth 83 with special classes catering for children with Mayo 208 autism who choose to extend their education Meath 81 services through the month of July. My Depart- Monaghan 34 ment also provides for a July Programme for pupils with a severe/profound general learning Offaly 93 disability. My Department encourages all eligible Roscommon 31 schools to participate in this initiative in the Sligo 56 interest of the children in question. Where school Tipperary N.R. 56 based provision is not feasible, home based pro- Tipperary S.R. 66 vision may be grant aided. Waterford County 18 The cost of the package includes agreed rates of remuneration for principals, teachers and Waterford County Borough 57 special needs assistants involved in the July Prog- Westmeath 207 ramme. Participating schools also receive a Wexford 70 special rate of capitation funding in respect of Wicklow 34 pupils participating in the programme. Funding is also available to facilitate the provision of school Total 3,016 transport and escort services for the children. My Department has seen a steady increase in the number of schools offering the July Prog- Home Tuition Grants. ramme which is detailed below. 353. Mr. P. Breen asked the Minister for Edu- Year Total No. schools/classes Total No. pupils cation and Science further to Parliamentary home based Question Nos. 498 of 16 May 2006 and 214 of 1 provision June 2006, when her Department will be in touch with a person (details supplied) in County Clare; 2002 38 116 and if she will make a statement on the 2003 53 307 matter. [22325/06] 2004 59 633 Minister for Education and Science (Ms 2005 64 933 Hanafin): My Department wrote to this pupil’s parents confirming its intention to discontinue the practice of sanctioning home tuition grants Pupil-Teacher Ratio. for pupils who are also in full-time education. In this particular case, the home tuition grant was 356. Ms Burton asked the Minister for Edu- 983 Questions— 13 June 2006. Written Answers 984

[Ms Burton.] resources to have smaller numbers in other cation and Science the average class size at a classes. Indeed, when the matter of why a part- school (details supplied) in Dublin 15; and if she icular school has a class of 35 in a particular grade will make a statement on the matter. [22378/06] is looked into, very often the answer is because there is another class in the same school with a Minister for Education and Science (Ms much lower than average number of pupils in it. Hanafin): The average class size in the school Splitting classes may not always be an option referred to by the Deputy for the 2005/06 school for a particular school, because for example there year is 29.4. Major improvements have been might be a large group in junior infants and a made in primary school staffing in recent years. small group in sixth class and so on. But where it Next September there will no less than 4000 extra is possible, principals should consider the benefits teachers in our primary schools, compared with of having smaller multi-grade classes as against 2002. Not only is the average class size in our having large differences in class sizes at different primary schools down to 24, but there is now one levels in the school. teacher for 17 pupils at primary level, including This Government has clearly demonstrated its resource teachers etc. commitment to improving staffing in our primary Children with special needs and those from schools by hiring thousands of extra teachers in disadvantaged areas are getting more support recent years and we will continue to make pro- than ever before to help them to make the most gress on this issue. of their time at school. With the thousands of extra primary teachers appointed, recent years 357. Ms Burton asked the Minister for Edu- have seen the largest expansion in teacher cation and Science the average class size at a numbers since the expansion of free education. school (details supplied) in Dublin 15; and if she Over the next two school years even more will make a statement on the matter. [22379/06] teachers will be put in place both for the above priority areas of disadvantage and special edu- Minister for Education and Science (Ms cation and also under a reduction in the main- Hanafin): The average class size in the school stream staffing schedule at primary level. referred to by the Deputy for the 2005/06 school Primary schools are staffed on a general rule of year is 29.0. Major improvements have been at least one classroom teacher for every 29 chil- made in primary school staffing in recent years. dren. Of course, schools with only one or two Next September there will no less than 4000 extra teachers have much lower staffing ratios than that teachers in our primary schools, compared with — with two teachers for just 12 pupils in some 2002. Not only is the average class size in our cases and so on — but the general rule is that primary schools down to 24, but there is now one there is at least one classroom teacher for every teacher for 17 pupils at primary level, including 29 children in the school. Next year this is being resource teachers etc. reduced to 28 children per classroom teacher and Children with special needs and those from in 2007/2008 it will be reduced to 27 children per disadvantaged areas are getting more support classroom teacher. than ever before to help them to make the most The number of children in large classes has of their time at school. With the thousands of been reduced dramatically by this Government. extra primary teachers appointed, recent years Furthermore, what really puts the decrease in have seen the largest expansion in teacher large classes in context is the fact that in 1996/97 numbers since the expansion of free education. five times more children were in classes of 35+ Over the next two school years even more and ten times more children were in classes of teachers will be put in place both for the above 40+. priority areas of disadvantage and special edu- It is important to appreciate that there are a cation and also under a reduction in the main- number of different reasons why a particular stream staffing schedule at primary level. school may have a large class in a given year. Primary schools are staffed on a general rule of Reasons why there are large classes include a sig- at least one classroom teacher for every 29 chil- nificant fluctuation in enrolments from one year dren. Of course, schools with only one or two to the next and/or a decision by the school princi- teachers have much lower staffing ratios than that pal not to have multi-grade classes. — with two teachers for just 12 pupils in some Regardless of the reason why there is a large cases and so on — but the general rule is that class in a particular school one year, it should be there is at least one classroom teacher for every noted that in the majority of cases this is not the 29 children in the school. Next year this is being situation in the following year. In the main, the reduced to 28 children per classroom teacher and same schools do not have large classes year after in 2007/2008 it will be reduced to 27 children per year and so the same children are not in large classroom teacher. classes year after year. The number of children in large classes has Where some classes in a school have class sizes been reduced dramatically by this Government. of greater than 29, it is often because a decision Furthermore, what really puts the decrease in has been taken at local level to use their teaching large classes in context is the fact that in 1996/97 985 Questions— 13 June 2006. Written Answers 986 five times more children were in classes of 35+ Over the next two school years even more and ten times more children were in classes of teachers will be put in place both for the above 40+. priority areas of disadvantage and special edu- It is important to appreciate that there are a cation and also under a reduction in the main- number of different reasons why a particular stream staffing schedule at primary level. Primary school may have a large class in a given year. schools are staffed on a general rule of at least Reasons why there are large classes include a sig- one classroom teacher for every 29 children. Of nificant fluctuation in enrolments from one year course, schools with only one or two teachers to the next and/or a decision by the school princi- have much lower staffing ratios than that — with pal not to have multi-grade classes. two teachers for just 12 pupils in some cases and Regardless of the reason why there is a large so on — but the general rule is that there is at class in a particular school one year, it should be least one classroom teacher for every 29 children noted that in the majority of cases this is not the in the school. Next year this is being reduced to situation in the following year. In the main, the 28 children per classroom teacher and in same schools do not have large classes year after 2007/2008 it will be reduced to 27 children per year and so the same children are not in large classroom teacher. classes year after year. The number of children in large classes has Where some classes in a school have class sizes been reduced dramatically by this Government. of greater than 29, it is often because a decision Furthermore, what really puts the decrease in has been taken at local level to use their teaching large classes in context is the fact that in 1996/97 resources to have smaller numbers in other five times more children were in classes of 35+ classes. Indeed, when the matter of why a part- and ten times more children were in classes of icular school has a class of 35 in a particular grade 40+. It is important to appreciate that there are a is looked into, very often the answer is because number of different reasons why a particular there is another class in the same school with a school may have a large class in a given year. much lower than average number of pupils in it. Reasons why there are large classes include a sig- Splitting classes may not always be an option nificant fluctuation in enrolments from one year for a particular school, because for example there to the next and/or a decision by the school princi- might be a large group in junior infants and a pal not to have multi-grade classes. small group in sixth class and so on. But where it Regardless of the reason why there is a large is possible, principals should consider the benefits class in a particular school one year, it should be of having smaller multi-grade classes as against noted that in the majority of cases this is not the having large differences in class sizes at different situation in the following year. In the main, the levels in the school. This Government has clearly same schools do not have large classes year after demonstrated its commitment to improving staff- year and so the same children are not in large ing in our primary schools by hiring thousands of classes year after year. extra teachers in recent years and we will con- tinue to make progress on this issue. Where some classes in a school have class sizes of greater than 29, it is often because a decision has been taken at local level to use their teaching 358. Ms Burton asked the Minister for Edu- resources to have smaller numbers in other cation and Science the average class size at a school (details supplied) in Dublin 15; and if she classes. Indeed, when the matter of why a part- will make a statement on the matter. [22380/06] icular school has a class of 35 in a particular grade is looked into, very often the answer is because Minister for Education and Science (Ms: there is another class in the same school with a Hanafin): The average class size in the school much lower than average number of pupils in it. referred to by the Deputy for the 2005/06 school Splitting classes may not always be an option year is 26.5. for a particular school, because for example there Major improvements have been made in might be a large group in junior infants and a primary school staffing in recent years. Next small group in sixth class and so on. But where it September there will no less than 4000 extra is possible, principals should consider the benefits teachers in our primary schools, compared with of having smaller multi-grade classes as against 2002. Not only is the average class size in our having large differences in class sizes at different primary schools down to 24, but there is now one levels in the school. This Government has clearly teacher for 17 pupils at primary level, including demonstrated its commitment to improving staff- resource teachers etc. ing in our primary schools by hiring thousands of Children with special needs and those from extra teachers in recent years and we will con- disadvantaged areas are getting more support tinue to make progress on this issue. than ever before to help them to make the most of their time at school. With the thousands of 359. Ms Burton asked the Minister for Edu- extra primary teachers appointed, recent years cation and Science the average class size at a have seen the largest expansion in teacher school (details supplied) in Dublin 15; and if she numbers since the expansion of free education. will make a statement on the matter. [22381/06] 987 Questions— 13 June 2006. Written Answers 988

Minister for Education and Science (Ms: there is another class in the same school with a Hanafin): The average class size in the school much lower than average number of pupils in it. referred to by the Deputy for the 2005/06 school Splitting classes may not always be an option year is 28.6. for a particular school, because for example there Major improvements have been made in might be a large group in junior infants and a primary school staffing in recent years. Next small group in sixth class and so on. But where it September there will no less than 4000 extra is possible, principals should consider the benefits teachers in our primary schools, compared with of having smaller multi-grade classes as against 2002. Not only is the average class size in our having large differences in class sizes at different primary schools down to 24, but there is now one levels in the school. This Government has clearly teacher for 17 pupils at primary level, including demonstrated its commitment to improving staff- resource teachers etc. ing in our primary schools by hiring thousands of Children with special needs and those from extra teachers in recent years and we will con- disadvantaged areas are getting more support tinue to make progress on this issue. than ever before to help them to make the most of their time at school. With the thousands of 360. Ms Burton asked the Minister for Edu- extra primary teachers appointed, recent years cation and Science the average class size at a have seen the largest expansion in teacher school (details supplied) in Dublin 15; and if she numbers since the expansion of free education. will make a statement on the matter. [22382/06] Over the next two school years even more teachers will be put in place both for the above Minister for Education and Science (Ms: priority areas of disadvantage and special edu- Hanafin): The average class size in the school cation and also under a reduction in the main- referred to by the Deputy for the 2005/06 school stream staffing schedule at primary level. Primary year is 27.8. schools are staffed on a general rule of at least Major improvements have been made in one classroom teacher for every 29 children. Of primary school staffing in recent years. Next course, schools with only one or two teachers September there will no less than 4000 extra have much lower staffing ratios than that — with teachers in our primary schools, compared with two teachers for just 12 pupils in some cases and 2002. Not only is the average class size in our so on — but the general rule is that there is at primary schools down to 24, but there is now one least one classroom teacher for every 29 children teacher for 17 pupils at primary level, including in the school. Next year this is being reduced to resource teachers etc. 28 children per classroom teacher and in Children with special needs and those from 2007/2008 it will be reduced to 27 children per disadvantaged areas are getting more support classroom teacher. than ever before to help them to make the most of their time at school. With the thousands of The number of children in large classes has extra primary teachers appointed, recent years been reduced dramatically by this Government. have seen the largest expansion in teacher Furthermore, what really puts the decrease in numbers since the expansion of free education. large classes in context is the fact that in 1996/97 + Over the next two school years even more five times more children were in classes of 35 teachers will be put in place both for the above and ten times more children were in classes of + priority areas of disadvantage and special edu- 40 . It is important to appreciate that there are a cation and also under a reduction in the main- number of different reasons why a particular stream staffing schedule at primary level. Primary school may have a large class in a given year. schools are staffed on a general rule of at least Reasons why there are large classes include a sig- one classroom teacher for every 29 children. Of nificant fluctuation in enrolments from one year course, schools with only one or two teachers to the next and/or a decision by the school princi- have much lower staffing ratios than that — with pal not to have multi-grade classes. two teachers for just 12 pupils in some cases and Regardless of the reason why there is a large so on — but the general rule is that there is at class in a particular school one year, it should be least one classroom teacher for every 29 children noted that in the majority of cases this is not the in the school. Next year this is being reduced to situation in the following year. In the main, the 28 children per classroom teacher and in same schools do not have large classes year after 2007/2008 it will be reduced to 27 children per year and so the same children are not in large classroom teacher. classes year after year. The number of children in large classes has Where some classes in a school have class sizes been reduced dramatically by this Government. of greater than 29, it is often because a decision Furthermore, what really puts the decrease in has been taken at local level to use their teaching large classes in context is the fact that in 1996/97 resources to have smaller numbers in other five times more children were in classes of 35+ classes. Indeed, when the matter of why a part- and ten times more children were in classes of icular school has a class of 35 in a particular grade 40+. It is important to appreciate that there are a is looked into, very often the answer is because number of different reasons why a particular 989 Questions— 13 June 2006. Written Answers 990 school may have a large class in a given year. than ever before to help them to make the most Reasons why there are large classes include a sig- of their time at school. With the thousands of nificant fluctuation in enrolments from one year extra primary teachers appointed, recent years to the next and/or a decision by the school princi- have seen the largest expansion in teacher pal not to have multi-grade classes. numbers since the expansion of free education. Regardless of the reason why there is a large Over the next two school years even more class in a particular school one year, it should be teachers will be put in place both for the above noted that in the majority of cases this is not the priority areas of disadvantage and special edu- situation in the following year. In the main, the cation and also under a reduction in the main- same schools do not have large classes year after stream staffing schedule at primary level. Primary year and so the same children are not in large schools are staffed on a general rule of at least classes year after year. one classroom teacher for every 29 children. Of Where some classes in a school have class sizes course, schools with only one or two teachers of greater than 29, it is often because a decision have much lower staffing ratios than that — with has been taken at local level to use their teaching two teachers for just 12 pupils in some cases and resources to have smaller numbers in other so on — but the general rule is that there is at classes. Indeed, when the matter of why a part- least one classroom teacher for every 29 children icular school has a class of 35 in a particular grade in the school. Next year this is being reduced to is looked into, very often the answer is because 28 children per classroom teacher and in there is another class in the same school with a 2007/2008 it will be reduced to 27 children per much lower than average number of pupils in it. classroom teacher. Splitting classes may not always be an option The number of children in large classes has for a particular school, because for example there been reduced dramatically by this Government. might be a large group in junior infants and a Furthermore, what really puts the decrease in small group in sixth class and so on. But where it large classes in context is the fact that in 1996/97 is possible, principals should consider the benefits five times more children were in classes of 35+ of having smaller multi-grade classes as against and ten times more children were in classes of having large differences in class sizes at different 40+. It is important to appreciate that there are a levels in the school. This Government has clearly number of different reasons why a particular demonstrated its commitment to improving staff- school may have a large class in a given year. ing in our primary schools by hiring thousands of Reasons why there are large classes include a sig- extra teachers in recent years and we will con- nificant fluctuation in enrolments from one year tinue to make progress on this issue. to the next and/or a decision by the school princi- pal not to have multi-grade classes. 361. Ms Burton asked the Minister for Edu- Regardless of the reason why there is a large cation and Science the average class size at a class in a particular school one year, it should be school (details supplied) in Dublin 15; and if she noted that in the majority of cases this is not the will make a statement on the matter. [22383/06] situation in the following year. In the main, the same schools do not have large classes year after Minister for Education and Science (Ms Hanafin): The average class size in the school year and so the same children are not in large referred to by the Deputy for the 2005/06 school classes year after year. year is 31.0. I should point out that, according to Where some classes in a school have class sizes my Department’s records, there were 627 pupils of greater than 29, it is often because a decision enrolled in the school at 30th September, 2005 has been taken at local level to use their teaching and a Principal and 22 mainstream class teachers, resources to have smaller numbers in other including one developing school post, were allo- classes. Indeed, when the matter of why a part- cated to the school for the current school year. icular school has a class of 35 in a particular grade Accordingly, the average class size in the school is looked into, very often the answer is because should be 28.5. As a result of the improvement in there is another class in the same school with a the staffing schedule, the teacher allocation for much lower than average number of pupils in it. the school for the 2006/07 school year will be Splitting classes may not always be an option Principal and 23 mainstream class teachers. for a particular school, because for example there Major improvements have been made in might be a large group in junior infants and a primary school staffing in recent years. Next small group in sixth class and so on. But where it September there will no less than 4000 extra is possible, principals should consider the benefits teachers in our primary schools, compared with of having smaller multi-grade classes as against 2002. Not only is the average class size in our having large differences in class sizes at different primary schools down to 24, but there is now one levels in the school. This Government has clearly teacher for 17 pupils at primary level, including demonstrated its commitment to improving staff- resource teachers etc. ing in our primary schools by hiring thousands of Children with special needs and those from extra teachers in recent years and we will con- disadvantaged areas are getting more support tinue to make progress on this issue. 991 Questions— 13 June 2006. Written Answers 992

362. Ms Burton asked the Minister for Edu- resources to have smaller numbers in other cation and Science the average class size at a classes. Indeed, when the matter of why a part- school (details supplied) in Dublin 15; and if she icular school has a class of 35 in a particular grade will make a statement on the matter. [22384/06] is looked into, very often the answer is because there is another class in the same school with a Minister for Education and Science (Ms much lower than average number of pupils in it. Hanafin): The average class size in the school Splitting classes may not always be an option referred to by the Deputy for the 2005/06 school for a particular school, because for example there year is 29.3. might be a large group in junior infants and a Major improvements have been made in small group in sixth class and so on. But where it primary school staffing in recent years. Next is possible, principals should consider the benefits September there will no less than 4000 extra of having smaller multi-grade classes as against teachers in our primary schools, compared with having large differences in class sizes at different 2002. Not only is the average class size in our levels in the school. This Government has clearly primary schools down to 24, but there is now one demonstrated its commitment to improving staff- teacher for 17 pupils at primary level, including ing in our primary schools by hiring thousands of resource teachers etc. extra teachers in recent years and we will con- Children with special needs and those from tinue to make progress on this issue. disadvantaged areas are getting more support than ever before to help them to make the most Pupil-Teacher Ratio. of their time at school. With the thousands of 363. Ms Burton asked the Minister for Edu- extra primary teachers appointed, recent years cation and Science the average class size at a have seen the largest expansion in teacher school (details supplied) in Dublin 15; and if she numbers since the expansion of free education. will make a statement on the matter. [22385/06] Over the next two school years even more teachers will be put in place both for the above Minister for Education and Science (Ms priority areas of disadvantage and special edu- Hanafin): The average class size in the school cation and also under a reduction in the main- referred to by the Deputy for the 2005/06 school stream staffing schedule at primary level. Primary year is 28.1. schools are staffed on a general rule of at least Major improvements have been made in one classroom teacher for every 29 children. Of primary school staffing in recent years. Next course, schools with only one or two teachers September there will no less than 4000 extra have much lower staffing ratios than that — with teachers in our primary schools, compared with two teachers for just 12 pupils in some cases and 2002. Not only is the average class size in our so on — but the general rule is that there is at primary schools down to 24, but there is now one least one classroom teacher for every 29 children teacher for 17 pupils at primary level, including in the school. Next year this is being reduced to resource teachers etc. 28 children per classroom teacher and in Children with special needs and those from 2007/2008 it will be reduced to 27 children per disadvantaged areas are getting more support classroom teacher. than ever before to help them to make the most The number of children in large classes has of their time at school. been reduced dramatically by this Government. With the thousands of extra primary teachers Furthermore, what really puts the decrease in appointed, recent years have seen the largest large classes in context is the fact that in 1996/97 expansion in teacher numbers since the expan- five times more children were in classes of 35+ sion of free education. Over the next two school and ten times more children were in classes of years even more teachers will be put in place both 40+. It is important to appreciate that there are a for the above priority areas of disadvantage and number of different reasons why a particular special education and also under a reduction in school may have a large class in a given year. the mainstream staffing schedule at primary level. Reasons why there are large classes include a sig- Primary schools are staffed on a general rule of nificant fluctuation in enrolments from one year at least one classroom teacher for every 29 chil- to the next and/or a decision by the school princi- dren. Of course, schools with only one or two pal not to have multi-grade classes. teachers have much lower staffing ratios than that Regardless of the reason why there is a large — with two teachers for just 12 pupils in some class in a particular school one year, it should be cases and so on — but the general rule is that noted that in the majority of cases this is not the there is at least one classroom teacher for every situation in the following year. In the main, the 29 children in the school. Next year this is being same schools do not have large classes year after reduced to 28 children per classroom teacher and year and so the same children are not in large in 2007/2008 it will be reduced to 27 children per classes year after year. classroom teacher. Where some classes in a school have class sizes The number of children in large classes has of greater than 29, it is often because a decision been reduced dramatically by this Government. has been taken at local level to use their teaching Furthermore, what really puts the decrease in 993 Questions— 13 June 2006. Written Answers 994 large classes in context is the fact that in 1996/97 teacher for 17 pupils at primary level, including five times more children were in classes of 35+ resource teachers etc. and ten times more children were in classes of Children with special needs and those from 40+. disadvantaged areas are getting more support It is important to appreciate that there are a than ever before to help them to make the most number of different reasons why a particular of their time at school. school may have a large class in a given year. With the thousands of extra primary teachers Reasons why there are large classes include a sig- appointed, recent years have seen the largest nificant fluctuation in enrolments from one year expansion in teacher numbers since the expan- to the next and/or a decision by the school princi- sion of free education. Over the next two school pal not to have multi-grade classes. Regardless of years even more teachers will be put in place both the reason why there is a large class in a part- for the above priority areas of disadvantage and icular school one year, it should be noted that in special education and also under a reduction in the majority of cases this is not the situation in the mainstream staffing schedule at primary level. the following year. In the main, the same schools Primary schools are staffed on a general rule of do not have large classes year after year and so at least one classroom teacher for every 29 chil- the same children are not in large classes year dren. Of course, schools with only one or two after year. teachers have much lower staffing ratios than that Where some classes in a school have class sizes — with two teachers for just 12 pupils in some of greater than 29, it is often because a decision cases and so on — but the general rule is that has been taken at local level to use their teaching there is at least one classroom teacher for every resources to have smaller numbers in other 29 children in the school. Next year this is being classes. Indeed, when the matter of why a part- reduced to 28 children per classroom teacher and icular school has a class of 35 in a particular grade in 2007/2008 it will be reduced to 27 children per is looked into, very often the answer is because classroom teacher. there is another class in the same school with a The number of children in large classes has much lower than average number of pupils in it. been reduced dramatically by this Government. Splitting classes may not always be an option for Furthermore, what really puts the decrease in a particular school, because for example there large classes in context is the fact that in 1996/97 + might be a large group in junior infants and a five times more children were in classes of 35 and ten times more children were in classes of small group in sixth class and so on. But where it + is possible, principals should consider the benefits 40 . of having smaller multi-grade classes as against It is important to appreciate that there are a having large differences in class sizes at different number of different reasons why a particular levels in the school. school may have a large class in a given year. Reasons why there are large classes include a sig- This Government has clearly demonstrated its nificant fluctuation in enrolments from one year commitment to improving staffing in our primary to the next and/or a decision by the school princi- schools by hiring thousands of extra teachers in pal not to have multi-grade classes. Regardless of recent years and we will continue to make pro- the reason why there is a large class in a part- gress on this issue. icular school one year, it should be noted that in the majority of cases this is not the situation in 364. Ms Burton asked the Minister for Edu- the following year. In the main, the same schools cation and Science the average class size at a do not have large classes year after year and so school (details supplied) in Dublin 15; and if she the same children are not in large classes year will make a statement on the matter. [22386/06] after year. Where some classes in a school have class sizes Minister for Education and Science (Ms of greater than 29, it is often because a decision Hanafin): The average class size in the school has been taken at local level to use their teaching referred to by the Deputy for the 2005/06 school resources to have smaller numbers in other year is 30.6. I should point out that, according to classes. Indeed, when the matter of why a part- my Department’s records, there were 734 pupils icular school has a class of 35 in a particular grade enrolled in the school at 30th September, 2005 is looked into, very often the answer is because and a Principal and 26 mainstream class teachers there is another class in the same school with a were allocated to the school for the current much lower than average number of pupils in it. school year. Accordingly, the average class size in Splitting classes may not always be an option for the school should be 28.2. a particular school, because for example there Major improvements have been made in might be a large group in junior infants and a primary school staffing in recent years. Next small group in sixth class and so on. But where it September there will no less than 4000 extra is possible, principals should consider the benefits teachers in our primary schools, compared with of having smaller multi-grade classes as against 2002. Not only is the average class size in our having large differences in class sizes at different primary schools down to 24, but there is now one levels in the school. 995 Questions— 13 June 2006. Written Answers 996

[Ms Hanafin.] the following year. In the main, the same schools This Government has clearly demonstrated its do not have large classes year after year and so commitment to improving staffing in our primary the same children are not in large classes year schools by hiring thousands of extra teachers in after year. recent years and we will continue to make pro- Where some classes in a school have class sizes gress on this issue. of greater than 29, it is often because a decision has been taken at local level to use their teaching 365. Ms Burton asked the Minister for Edu- resources to have smaller numbers in other cation and Science the average class size at a classes. Indeed, when the matter of why a part- school (details supplied) in Dublin 15; and if she icular school has a class of 35 in a particular grade will make a statement on the matter. [22387/06] is looked into, very often the answer is because there is another class in the same school with a Minister for Education and Science (Ms much lower than average number of pupils in it. Hanafin): The average class size in the school Splitting classes may not always be an option for referred to by the Deputy for the 2005/06 school a particular school, because for example there year is 29.8. might be a large group in junior infants and a Major improvements have been made in small group in sixth class and so on. But where it primary school staffing in recent years. Next is possible, principals should consider the benefits September there will no less than 4000 extra of having smaller multi-grade classes as against teachers in our primary schools, compared with having large differences in class sizes at different 2002. Not only is the average class size in our levels in the school. primary schools down to 24, but there is now one This Government has clearly demonstrated its teacher for 17 pupils at primary level, including commitment to improving staffing in our primary resource teachers etc. schools by hiring thousands of extra teachers in Children with special needs and those from recent years and we will continue to make pro- disadvantaged areas are getting more support gress on this issue. than ever before to help them to make the most of their time at school. 366. Ms Burton asked the Minister for Edu- cation and Science the average class size at a With the thousands of extra primary teachers school (details supplied) in Dublin 15; and if she appointed, recent years have seen the largest will make a statement on the matter. [22388/06] expansion in teacher numbers since the expan- sion of free education. Over the next two school Minister for Education and Science (Ms years even more teachers will be put in place both Hanafin): The average class size in the school for the above priority areas of disadvantage and referred to by the Deputy for the 2005/06 school special education and also under a reduction in year is 29.8. the mainstream staffing schedule at primary level. Major improvements have been made in Primary schools are staffed on a general rule of primary school staffing in recent years. Next at least one classroom teacher for every 29 chil- September there will no less than 4000 extra dren. Of course, schools with only one or two teachers in our primary schools, compared with teachers have much lower staffing ratios than that 2002. Not only is the average class size in our — with two teachers for just 12 pupils in some primary schools down to 24, but there is now one cases and so on — but the general rule is that teacher for 17 pupils at primary level, including there is at least one classroom teacher for every resource teachers etc. 29 children in the school. Next year this is being Children with special needs and those from reduced to 28 children per classroom teacher and disadvantaged areas are getting more support in 2007/2008 it will be reduced to 27 children per than ever before to help them to make the most classroom teacher. of their time at school. The number of children in large classes has With the thousands of extra primary teachers been reduced dramatically by this Government. appointed, recent years have seen the largest Furthermore, what really puts the decrease in expansion in teacher numbers since the expan- large classes in context is the fact that in 1996/97 sion of free education. Over the next two school five times more children were in classes of 35+ years even more teachers will be put in place both and ten times more children were in classes of for the above priority areas of disadvantage and 40+. special education and also under a reduction in It is important to appreciate that there are a the mainstream staffing schedule at primary level. number of different reasons why a particular Primary schools are staffed on a general rule of school may have a large class in a given year. at least one classroom teacher for every 29 chil- Reasons why there are large classes include a sig- dren. Of course, schools with only one or two nificant fluctuation in enrolments from one year teachers have much lower staffing ratios than that to the next and/or a decision by the school princi- — with two teachers for just 12 pupils in some pal not to have multi-grade classes. Regardless of cases and so on — but the general rule is that the reason why there is a large class in a part- there is at least one classroom teacher for every icular school one year, it should be noted that in 29 children in the school. Next year this is being the majority of cases this is not the situation in reduced to 28 children per classroom teacher and 997 Questions— 13 June 2006. Written Answers 998 in 2007/2008 it will be reduced to 27 children per Schools Recognition. classroom teacher. 368. Mr. J. O’Keeffe asked the Minister for The number of children in large classes has Education and Science if her attention has been been reduced dramatically by this Government. drawn to the proposals to establish a residential Furthermore, what really puts the decrease in ´ large classes in context is the fact that in 1996/97 Irish language secondary school on Oilean five times more children were in classes of 35+ Chle´ire in west Cork; if she will nominate an and ten times more children were in classes of official from her Department to engage in dis- 40+. cussion with a group (details supplied) who are It is important to appreciate that there are a promoting the proposal in order that it can be number of different reasons why a particular examined and developed for consideration; and if school may have a large class in a given year. she will make a statement on the matter. Reasons why there are large classes include a sig- [22465/06] nificant fluctuation in enrolments from one year to the next and/or a decision by the school princi- Minister for Education and Science (Ms pal not to have multi-grade classes. Regardless of Hanafin): I am not aware of any such proposal. the reason why there is a large class in a part- Officials in the School Planning Section of my icular school one year, it should be noted that in Department will fully consider the matter should the majority of cases this is not the situation in a proposal be received from the group in the following year. In the main, the same schools question. do not have large classes year after year and so the same children are not in large classes year Schools Building Projects. after year. Where some classes in a school have class sizes 369. Mr. J. O’Keeffe asked the Minister for of greater than 29, it is often because a decision Education and Science the band rating allocated has been taken at local level to use their teaching to both schools in relation to the proposed new resources to have smaller numbers in other community college and gaelscoil for Bantry in classes. Indeed, when the matter of why a part- west Cork; the estimated cost of the proposed icular school has a class of 35 in a particular grade school bundle as referred to by her in Parliamen- is looked into, very often the answer is because tary Question No. 588 of 30 May 2006; and if her there is another class in the same school with a attention has been drawn to the fact that a site much lower than average number of pupils in it. has been secured for these schools and outline Splitting classes may not always be an option for planning permission has been obtained. a particular school, because for example there [22466/06] might be a large group in junior infants and a small group in sixth class and so on. But where it Minister for Education and Science (Ms is possible, principals should consider the benefits Hanafin): My Department’s Planning Section has of having smaller multi-grade classes as against assigned a band rating of 1.4 to the new com- having large differences in class sizes at different munity school and a band rating of 2.2 for the levels in the school. Gaelscoil Bheanntrai. The capital value of a PPP This Government has clearly demonstrated its school bundle needs to be \50m approximately to commitment to improving staffing in our primary attract sufficient interest from the private sector schools by hiring thousands of extra teachers in and to ensure my Department receives value for recent years and we will continue to make pro- money over the lifetime of the contract. gress on this issue. I am aware that County Cork VEC has entered into a contract with Cork County Council to pur- Special Educational Needs. chase the site for the new community college and 367. Ms Enright asked the Minister for Edu- Gaelscoil Bheanntrai and that a grant of outline cation and Science the reason a person (details planning permission was received on the 17 May supplied) in Donegal, who suffers from dyslexia 2006 for both the community school and Gael- and who will be sitting their leaving certificate in scoil Bheanntrai. As indicated to the Deputy in June 2006, has been refused reader assistance and my reply of 30 May 2006 the precise make up of waiver; the assistance they can avail of before the the next PPP school bundle will be determined by exam; and if she will make a statement on the my Department in consultation with the National matter. [22405/06] Development Finance Agency.

Minister for Education and Science (Ms Pupil-Teacher Ratio. Hanafin): The State Examinations Commission has statutory responsibility for operational 370. Ms Burton asked the Minister for Edu- matters relating to the certificate examinations, cation and Science the number of children of nine including the scheme of reasonable accom- years of age and under in classes of more than 20 modation for persons with special needs. In view at a school (details supplied) in Dublin 15; and if of this, I have forwarded your query to the State she will make a statement on the matter. Examinations Commission for direct reply to you. [22550/06] 999 Questions— 13 June 2006. Written Answers 1000

Minister for Education and Science (Ms there is another class in the same school with a Hanafin): There are 128 children of nine years of much lower than average number of pupils in it. age and under in classes of more than 20 at the Splitting classes may not always be an option school referred to by the Deputy in the current for a particular school, because for example there school year. might be a large group in junior infants and a Major improvements have been made in small group in sixth class and so on. But where it primary school staffing in recent years. Next is possible, principals should consider the benefits September there will no less than 4000 extra of having smaller multi-grade classes as against teachers in our primary schools, compared with having large differences in class sizes at different 2002. Not only is the average class size in our levels in the school. This Government has clearly primary schools down to 24, but there is now one demonstrated its commitment to improving staff- teacher for 17 pupils at primary level, including ing in our primary schools by hiring thousands of resource teachers etc. extra teachers in recent years and we will con- Children with special needs and those from tinue to make progress on this issue. disadvantaged areas are getting more support 371. Ms Burton asked the Minister for Edu- than ever before to help them to make the most cation and Science the number of children of nine of their time at school. With the thousands of years of age and under in classes of more than 20 extra primary teachers appointed, recent years at a school (details supplied) in Dublin 15; and if have seen the largest expansion in teacher she will make a statement on the matter. numbers since the expansion of free education. [22551/06] Over the next two school years even more teachers will be put in place both for the above Minister for Education and Science (Ms: priority areas of disadvantage and special edu- Hanafin): There are 472 children of nine years of cation and also under a reduction in the main- age and under in classes of more than 20 at the stream staffing schedule at primary level. Primary school referred to by the Deputy in the current schools are staffed on a general rule of at least school year. one classroom teacher for every 29 children. Of Major improvements have been made in course, schools with only one or two teachers primary school staffing in recent years. Next have much lower staffing ratios than that — with September there will no less than 4000 extra two teachers for just 12 pupils in some cases and teachers in our primary schools, compared with so on — but the general rule is that there is at 2002. Not only is the average class size in our least one classroom teacher for every 29 children primary schools down to 24, but there is now one in the school. Next year this is being reduced to teacher for 17 pupils at primary level, including 28 children per classroom teacher and in resource teachers etc. 2007/2008 it will be reduced to 27 children per Children with special needs and those from classroom teacher. disadvantaged areas are getting more support The number of children in large classes has than ever before to help them to make the most been reduced dramatically by this Government. of their time at school. With the thousands of Furthermore, what really puts the decrease in extra primary teachers appointed, recent years large classes in context is the fact that in 1996/97 have seen the largest expansion in teacher five times more children were in classes of 35+ numbers since the expansion of free education. and ten times more children were in classes of Over the next two school years even more 40+. It is important to appreciate that there are a teachers will be put in place both for the above number of different reasons why a particular priority areas of disadvantage and special edu- school may have a large class in a given year. cation and also under a reduction in the main- Reasons why there are large classes include a sig- stream staffing schedule at primary level. Primary schools are staffed on a general rule of at least nificant fluctuation in enrolments from one year one classroom teacher for every 29 children. Of to the next and/or a decision by the school princi- course, schools with only one or two teachers pal not to have multi-grade classes. have much lower staffing ratios than that — with Regardless of the reason why there is a large two teachers for just 12 pupils in some cases and class in a particular school one year, it should be so on — but the general rule is that there is at noted that in the majority of cases this is not the least one classroom teacher for every 29 children situation in the following year. In the main, the in the school. Next year this is being reduced to same schools do not have large classes year after 28 children per classroom teacher and in year and so the same children are not in large 2007/2008 it will be reduced to 27 children per classes year after year. classroom teacher. Where some classes in a school have class sizes The number of children in large classes has of greater than 29, it is often because a decision been reduced dramatically by this Government. has been taken at local level to use their teaching Furthermore, what really puts the decrease in resources to have smaller numbers in other large classes in context is the fact that in 1996/97 classes. Indeed, when the matter of why a part- five times more children were in classes of 35+ icular school has a class of 35 in a particular grade and ten times more children were in classes of is looked into, very often the answer is because 40+. It is important to appreciate that there are a 1001 Questions— 13 June 2006. Written Answers 1002 number of different reasons why a particular cation and also under a reduction in the main- school may have a large class in a given year. stream staffing schedule at primary level. Primary Reasons why there are large classes include a sig- schools are staffed on a general rule of at least nificant fluctuation in enrolments from one year one classroom teacher for every 29 children. Of to the next and/or a decision by the school princi- course, schools with only one or two teachers pal not to have multi-grade classes. have much lower staffing ratios than that — with Regardless of the reason why there is a large two teachers for just 12 pupils in some cases and class in a particular school one year, it should be so on — but the general rule is that there is at noted that in the majority of cases this is not the least one classroom teacher for every 29 children situation in the following year. In the main, the in the school. Next year this is being reduced to same schools do not have large classes year after 28 children per classroom teacher and in year and so the same children are not in large 2007/2008 it will be reduced to 27 children per classes year after year. classroom teacher. Where some classes in a school have class sizes The number of children in large classes has of greater than 29, it is often because a decision been reduced dramatically by this Government. has been taken at local level to use their teaching Furthermore, what really puts the decrease in resources to have smaller numbers in other large classes in context is the fact that in 1996/97 classes. Indeed, when the matter of why a part- five times more children were in classes of 35+ icular school has a class of 35 in a particular grade and ten times more children were in classes of is looked into, very often the answer is because 40+. It is important to appreciate that there are a there is another class in the same school with a number of different reasons why a particular much lower than average number of pupils in it. school may have a large class in a given year. Splitting classes may not always be an option Reasons why there are large classes include a sig- for a particular school, because for example there nificant fluctuation in enrolments from one year might be a large group in junior infants and a to the next and/or a decision by the school princi- small group in sixth class and so on. But where it pal not to have multi-grade classes. is possible, principals should consider the benefits Regardless of the reason why there is a large of having smaller multi-grade classes as against class in a particular school one year, it should be having large differences in class sizes at different noted that in the majority of cases this is not the levels in the school. This Government has clearly situation in the following year. In the main, the demonstrated its commitment to improving staff- same schools do not have large classes year after ing in our primary schools by hiring thousands of year and so the same children are not in large extra teachers in recent years and we will con- classes year after year. tinue to make progress on this issue. Where some classes in a school have class sizes of greater than 29, it is often because a decision 372. Ms Burton asked the Minister for Edu- has been taken at local level to use their teaching cation and Science the number of children of nine resources to have smaller numbers in other years of age and under in classes of more than 20 classes. Indeed, when the matter of why a part- at a school (details supplied) in Dublin 15; and if icular school has a class of 35 in a particular grade she will make a statement on the matter. is looked into, very often the answer is because [22552/06] there is another class in the same school with a Minister for Education and Science (Ms much lower than average number of pupils in it. Hanafin): There are 70 children of nine years of Splitting classes may not always be an option age and under in classes of more than 20 at the for a particular school, because for example there school referred to by the Deputy in the current might be a large group in junior infants and a school year. small group in sixth class and so on. But where it Major improvements have been made in is possible, principals should consider the benefits primary school staffing in recent years. Next of having smaller multi-grade classes as against September there will no less than 4000 extra having large differences in class sizes at different teachers in our primary schools, compared with levels in the school. This Government has clearly 2002. Not only is the average class size in our demonstrated its commitment to improving staff- primary schools down to 24, but there is now one ing in our primary schools by hiring thousands of teacher for 17 pupils at primary level, including extra teachers in recent years and we will con- resource teachers etc. tinue to make progress on this issue. Children with special needs and those from disadvantaged areas are getting more support 373. Ms Burton asked the Minister for Edu- than ever before to help them to make the most cation and Science the average class size at a of their time at school. With the thousands of school (details supplied) in Dublin 15; and if she extra primary teachers appointed, recent years will make a statement on the matter. [22553/06] have seen the largest expansion in teacher numbers since the expansion of free education. Minister for Education and Science (Ms Over the next two school years even more Hanafin): The average class size in the school teachers will be put in place both for the above referred to by the Deputy for the 2005/06 school priority areas of disadvantage and special edu- year is 27.2. 1003 Questions— 13 June 2006. Written Answers 1004

[Ms Hanafin.] small group in sixth class and so on. But where it Major improvements have been made in is possible, principals should consider the benefits primary school staffing in recent years. Next of having smaller multi-grade classes as against September there will no less than 4000 extra having large differences in class sizes at different teachers in our primary schools, compared with levels in the school. This Government has clearly 2002. Not only is the average class size in our demonstrated its commitment to improving staff- primary schools down to 24, but there is now one ing in our primary schools by hiring thousands of teacher for 17 pupils at primary level, including extra teachers in recent years and we will con- resource teachers etc. tinue to make progress on this issue. Children with special needs and those from disadvantaged areas are getting more support 374. Ms Burton asked the Minister for Edu- than ever before to help them to make the most cation and Science the average class size at a of their time at school. With the thousands of school (details supplied) in Dublin 15; and if she extra primary teachers appointed, recent years will make a statement on the matter. [22554/06] have seen the largest expansion in teacher numbers since the expansion of free education. Minister for Education and Science (Ms Over the next two school years even more Hanafin): The average class size in the school teachers will be put in place both for the above referred to by the Deputy for the 2005/06 school priority areas of disadvantage and special edu- year is 26.3. cation and also under a reduction in the main- Major improvements have been made in stream staffing schedule at primary level. Primary primary school staffing in recent years. Next schools are staffed on a general rule of at least September there will no less than 4000 extra one classroom teacher for every 29 children. Of teachers in our primary schools, compared with course, schools with only one or two teachers 2002. Not only is the average class size in our have much lower staffing ratios than that — with primary schools down to 24, but there is now one two teachers for just 12 pupils in some cases and teacher for 17 pupils at primary level, including so on — but the general rule is that there is at resource teachers etc. least one classroom teacher for every 29 children Children with special needs and those from in the school. Next year this is being reduced to disadvantaged areas are getting more support 28 children per classroom teacher and in than ever before to help them to make the most 2007/2008 it will be reduced to 27 children per of their time at school. With the thousands of classroom teacher. extra primary teachers appointed, recent years have seen the largest expansion in teacher The number of children in large classes has numbers since the expansion of free education. been reduced dramatically by this Government. Over the next two school years even more Furthermore, what really puts the decrease in teachers will be put in place both for the above large classes in context is the fact that in 1996/97 priority areas of disadvantage and special edu- five times more children were in classes of 35+ cation and also under a reduction in the main- and ten times more children were in classes of stream staffing schedule at primary level. Primary 40+. It is important to appreciate that there are a schools are staffed on a general rule of at least number of different reasons why a particular one classroom teacher for every 29 children. Of school may have a large class in a given year. course, schools with only one or two teachers Reasons why there are large classes include a sig- have much lower staffing ratios than that — with nificant fluctuation in enrolments from one year two teachers for just 12 pupils in some cases and to the next and/or a decision by the school princi- so on — but the general rule is that there is at pal not to have multi-grade classes. least one classroom teacher for every 29 children Regardless of the reason why there is a large in the school. Next year this is being reduced to class in a particular school one year, it should be 28 children per classroom teacher and in noted that in the majority of cases this is not the 2007/2008 it will be reduced to 27 children per situation in the following year. In the main, the classroom teacher. same schools do not have large classes year after The number of children in large classes has year and so the same children are not in large been reduced dramatically by this Government. classes year after year. Furthermore, what really puts the decrease in Where some classes in a school have class sizes large classes in context is the fact that in 1996/97 of greater than 29, it is often because a decision five times more children were in classes of 35+ has been taken at local level to use their teaching and ten times more children were in classes of resources to have smaller numbers in other 40+. It is important to appreciate that there are a classes. Indeed, when the matter of why a part- number of different reasons why a particular icular school has a class of 35 in a particular grade school may have a large class in a given year. is looked into, very often the answer is because Reasons why there are large classes include a sig- there is another class in the same school with a nificant fluctuation in enrolments from one year much lower than average number of pupils in it. to the next and/or a decision by the school princi- Splitting classes may not always be an option pal not to have multi-grade classes. for a particular school, because for example there Regardless of the reason why there is a large might be a large group in junior infants and a class in a particular school one year, it should be 1005 Questions— 13 June 2006. Written Answers 1006 noted that in the majority of cases this is not the 28 children per classroom teacher and in situation in the following year. In the main, the 2007/2008 it will be reduced to 27 children per same schools do not have large classes year after classroom teacher. year and so the same children are not in large The number of children in large classes has classes year after year. been reduced dramatically by this Government. Where some classes in a school have class sizes Furthermore, what really puts the decrease in of greater than 29, it is often because a decision large classes in context is the fact that in 1996/97 has been taken at local level to use their teaching five times more children were in classes of 35+ resources to have smaller numbers in other and ten times more children were in classes of classes. Indeed, when the matter of why a part- 40+. It is important to appreciate that there are a icular school has a class of 35 in a particular grade number of different reasons why a particular is looked into, very often the answer is because school may have a large class in a given year. there is another class in the same school with a Reasons why there are large classes include a sig- much lower than average number of pupils in it. nificant fluctuation in enrolments from one year Splitting classes may not always be an option to the next and/or a decision by the school princi- for a particular school, because for example there pal not to have multi-grade classes. might be a large group in junior infants and a Regardless of the reason why there is a large small group in sixth class and so on. But where it class in a particular school one year, it should be is possible, principals should consider the benefits noted that in the majority of cases this is not the of having smaller multi-grade classes as against situation in the following year. In the main, the having large differences in class sizes at different same schools do not have large classes year after levels in the school. This Government has clearly year and so the same children are not in large demonstrated its commitment to improving staff- classes year after year. ing in our primary schools by hiring thousands of Where some classes in a school have class sizes extra teachers in recent years and we will con- of greater than 29, it is often because a decision tinue to make progress on this issue. has been taken at local level to use their teaching resources to have smaller numbers in other 375. Ms Burton asked the Minister for Edu- classes. Indeed, when the matter of why a part- cation and Science the number of classes in a icular school has a class of 35 in a particular grade school (details supplied) in Dublin 15 which have is looked into, very often the answer is because 30 or more children; and if she will make a state- there is another class in the same school with a ment on the matter. [22555/06] much lower than average number of pupils in it. Splitting classes may not always be an option Minister for Education and Science (Ms for a particular school, because for example there Hanafin): There are 16 classes of 30 or more chil- might be a large group in junior infants and a dren in the school referred to by the Deputy in small group in sixth class and so on. But where it the current school year. is possible, principals should consider the benefits Major improvements have been made in of having smaller multi-grade classes as against primary school staffing in recent years. Next having large differences in class sizes at different September there will no less than 4000 extra levels in the school. This Government has clearly teachers in our primary schools, compared with demonstrated its commitment to improving staff- 2002. Not only is the average class size in our ing in our primary schools by hiring thousands of primary schools down to 24, but there is now one extra teachers in recent years and we will con- teacher for 17 pupils at primary level, including tinue to make progress on this issue. resource teachers etc. Children with special needs and those from 376. Ms Burton asked the Minister for Edu- disadvantaged areas are getting more support cation and Science the number of classes in a than ever before to help them to make the most school (details supplied) in Dublin 15 which have of their time at school. With the thousands of 30 or more children; and if she will make a state- extra primary teachers appointed, recent years ment on the matter. [22556/06] have seen the largest expansion in teacher numbers since the expansion of free education. Minister for Education and Science (Ms Over the next two school years even more Hanafin): There are 3 classes of 30 or more chil- teachers will be put in place both for the above dren in the school referred to by the Deputy in priority areas of disadvantage and special edu- the current school year. cation and also under a reduction in the main- Major improvements have been made in stream staffing schedule at primary level. Primary primary school staffing in recent years. Next schools are staffed on a general rule of at least September there will no less than 4000 extra one classroom teacher for every 29 children. Of teachers in our primary schools, compared with course, schools with only one or two teachers 2002. Not only is the average class size in our have much lower staffing ratios than that — with primary schools down to 24, but there is now one two teachers for just 12 pupils in some cases and teacher for 17 pupils at primary level, including so on — but the general rule is that there is at resource teachers etc. least one classroom teacher for every 29 children Children with special needs and those from in the school. Next year this is being reduced to disadvantaged areas are getting more support 1007 Questions— 13 June 2006. Written Answers 1008

[Ms Hanafin.] 377. Ms Burton asked the Minister for Edu- than ever before to help them to make the most cation and Science the number of classes in a of their time at school. With the thousands of school (details supplied) in Dublin 15 which have extra primary teachers appointed, recent years 30 or more children; and if she will make a state- have seen the largest expansion in teacher ment on the matter. [22557/06] numbers since the expansion of free education. Over the next two school years even more Minister for Education and Science (Ms teachers will be put in place both for the above Hanafin): There is 1 class of 30 or more children priority areas of disadvantage and special edu- in the school referred to by the Deputy in the cation and also under a reduction in the main- current school year. stream staffing schedule at primary level. Primary Major improvements have been made in schools are staffed on a general rule of at least primary school staffing in recent years. Next one classroom teacher for every 29 children. Of September there will no less than 4000 extra course, schools with only one or two teachers teachers in our primary schools, compared with have much lower staffing ratios than that — with 2002. Not only is the average class size in our primary schools down to 24, but there is now one two teachers for just 12 pupils in some cases and teacher for 17 pupils at primary level, including so on — but the general rule is that there is at resource teachers etc. least one classroom teacher for every 29 children Children with special needs and those from in the school. Next year this is being reduced to disadvantaged areas are getting more support 28 children per classroom teacher and in than ever before to help them to make the most 2007/2008 it will be reduced to 27 children per of their time at school. With the thousands of classroom teacher. extra primary teachers appointed, recent years The number of children in large classes has have seen the largest expansion in teacher been reduced dramatically by this Government. numbers since the expansion of free education. Furthermore, what really puts the decrease in Over the next two school years even more large classes in context is the fact that in 1996/97 teachers will be put in place both for the above five times more children were in classes of 35+ priority areas of disadvantage and special edu- and ten times more children were in classes of cation and also under a reduction in the main- 40+. It is important to appreciate that there are a stream staffing schedule at primary level. Primary number of different reasons why a particular schools are staffed on a general rule of at least school may have a large class in a given year. one classroom teacher for every 29 children. Of Reasons why there are large classes include a sig- course, schools with only one or two teachers nificant fluctuation in enrolments from one year have much lower staffing ratios than that — with to the next and/or a decision by the school princi- two teachers for just 12 pupils in some cases and pal not to have multi-grade classes. so on — but the general rule is that there is at Regardless of the reason why there is a large least one classroom teacher for every 29 children class in a particular school one year, it should be in the school. Next year this is being reduced to noted that in the majority of cases this is not the 28 children per classroom teacher and in situation in the following year. In the main, the 2007/2008 it will be reduced to 27 children per same schools do not have large classes year after classroom teacher. year and so the same children are not in large The number of children in large classes has classes year after year. been reduced dramatically by this Government. Where some classes in a school have class sizes Furthermore, what really puts the decrease in large classes in context is the fact that in 1996/97 of greater than 29, it is often because a decision + has been taken at local level to use their teaching five times more children were in classes of 35 and ten times more children were in classes of resources to have smaller numbers in other + classes. Indeed, when the matter of why a part- 40 . It is important to appreciate that there are a number of different reasons why a particular icular school has a class of 35 in a particular grade school may have a large class in a given year. is looked into, very often the answer is because Reasons why there are large classes include a sig- there is another class in the same school with a nificant fluctuation in enrolments from one year much lower than average number of pupils in it. to the next and/or a decision by the school princi- Splitting classes may not always be an option pal not to have multi-grade classes. for a particular school, because for example there Regardless of the reason why there is a large might be a large group in junior infants and a class in a particular school one year, it should be small group in sixth class and so on. But where it noted that in the majority of cases this is not the is possible, principals should consider the benefits situation in the following year. In the main, the of having smaller multi-grade classes as against same schools do not have large classes year after having large differences in class sizes at different year and so the same children are not in large levels in the school. This Government has clearly classes year after year. demonstrated its commitment to improving staff- Where some classes in a school have class sizes ing in our primary schools by hiring thousands of of greater than 29, it is often because a decision extra teachers in recent years and we will con- has been taken at local level to use their teaching tinue to make progress on this issue. resources to have smaller numbers in other 1009 Questions— 13 June 2006. Written Answers 1010 classes. Indeed, when the matter of why a part- A review mechanism has been put in place to icular school has a class of 35 in a particular grade address the concerns of schools that did not qual- is looked into, very often the answer is because ify for inclusion in the School Support Prog- there is another class in the same school with a ramme but regard themselves as having a level of much lower than average number of pupils in it. disadvantage which is of a scale sufficient to war- Splitting classes may not always be an option rant their inclusion in the Programme. This mech- for a particular school, because for example there anism will operate under the direction of an inde- might be a large group in junior infants and a pendent person, charged with ensuring that all small group in sixth class and so on. But where it relevant identification processes and procedures is possible, principals should consider the benefits were properly followed in the case of schools of having smaller multi-grade classes as against applying for a review. The school referred to by having large differences in class sizes at different the Deputy has submitted a review application. levels in the school. This Government has clearly It is intended that the review process will be demonstrated its commitment to improving staff- completed by the end of the current school year. ing in our primary schools by hiring thousands of Major improvements have been made in primary extra teachers in recent years and we will con- school staffing in recent years. Next September tinue to make progress on this issue. there will no less than 4000 extra teachers in our primary schools, compared with 2002. Not only is Educational Projects. the average class size in our primary schools 378. Mr. Blaney asked the Minister for Edu- down to 24, but there is now one teacher for 17 cation and Science if a school (details supplied) pupils at primary level, including resource in County Donegal will be included in the school teachers etc. support programme; and if she will make a state- Children with special needs and those from ment on the matter. [22558/06] disadvantaged areas are getting more support than ever before to help them to make the most Minister for Education and Science (Ms of their time at school. With the thousands of Hanafin): I wish to assure the Deputy that no extra primary teachers appointed, recent years school has been told that they are going to lose have seen the largest expansion in teacher any of the resources that they have been receiving numbers since the expansion of free education. under existing schemes for tackling disadvantage Over the next two school years even more as a result of the introduction of the new DEIS teachers will be put in place both for the above initiative. On the contrary, the new School Sup- priority areas of disadvantage and special edu- port Programme is aimed at providing even more cation and also under a reduction in the main- extra resources for the most disadvantaged stream staffing schedule at primary level. Primary schools in the country. schools are staffed on a general rule of at least Schools that did not qualify for the new prog- one classroom teacher for every 29 children. Of ramme will keep the extra resources they are get- course, schools with only one or two teachers ting under existing schemes for the 2006/07 school have much lower staffing ratios than that — with year and after that they will continue to get sup- two teachers for just 12 pupils in some cases and port in line with the level of disadvantage among so on — but the general rule is that there is at their pupils. least one classroom teacher for every 29 children I am sure the Deputy would agree that it is in the school. Next year this is being reduced to important to make sure that schools serving the 28 children per classroom teacher and in most disadvantaged communities get all the extra 2007/2008 it will be reduced to 27 children per support possible and will welcome the extra classroom teacher. resources that DEIS will provide for schools in The number of children in large classes has Donegal. been reduced dramatically by this Government. It is precisely with this goal in mind that DEIS was designed. For example, over the years, no Furthermore, what really puts the decrease in large classes in context is the fact that in 1996/97 less than 8 separate schemes for disadvantaged + primary schools have been put in place. Some five times more children were in classes of 35 and ten times more children were in classes of schools were benefiting from just one or two of + these and others were benefiting from more. The 40 . It is important to appreciate that there are a DEIS initiative is designed to ensure that the number of different reasons why a particular most disadvantaged schools benefit from a com- school may have a large class in a given year. prehensive package of supports, while ensuring Reasons why there are large classes include a sig- that others continue to get support in line with nificant fluctuation in enrolments from one year the level of disadvantage among their pupils. to the next and/or a decision by the school princi- I can assure the Deputy that there is no reason pal not to have multi-grade classes. for schools that haven’t been identified for the Regardless of the reason why there is a large new programme to worry as they will continue to class in a particular school one year, it should be get support in line with the level of disadvantage noted that in the majority of cases this is not the among their pupils. No school has been told that situation in the following year. In the main, the they will lose any resources as a result of DEIS. same schools do not have large classes year after 1011 Questions— 13 June 2006. Written Answers 1012

[Ms Hanafin.] 408. Ms C. Murphy asked the Minister for Edu- year and so the same children are not in large cation and Science if she has satisfied herself with classes year after year. the level of use of individual learning plans for Where some classes in a school have class sizes children in need of special educational supports; of greater than 29, it is often because a decision if she will alter the manner in which such plans has been taken at local level to use their teaching are incorporated into the education system by resources to have smaller numbers in other moving away from merely recommending their classes. Indeed, when the matter of why a part- use and towards a situation where schools are icular school has a class of 35 in a particular grade required to implement them; if her Department is looked into, very often the answer is because has monitored in the past, currently monitors, or there is another class in the same school with a intends to monitor the learning outcomes much lower than average number of pupils in it. achieved for pupils in schools which implement Splitting classes may not always be an option ILPs as compared with schools which do not; her for a particular school, because for example there views on the merits of individual learning plans; might be a large group in junior infants and a and if she will make a statement on the small group in sixth class and so on. But where it matter. [22795/06] is possible, principals should consider the benefits of having smaller multi-grade classes as against Minister for Education and Science (Ms having large differences in class sizes at different Hanafin): I propose to take Questions Nos. 379, levels in the school. This Government has clearly 380, 405, 407 and 408 together. demonstrated its commitment to improving staff- The Deputies will be aware of the significant ing in our primary schools by hiring thousands of initiative for allocating resource teachers that I extra teachers in recent years and we will con- introduced in primary schools in September 2005. tinue to make progress on this issue. The new scheme allocates resource teachers to schools to cater for the needs of children with Special Educational Needs. high-incidence special educational needs, such as dyslexia and those children with low attainments. 379. Ms C. Murphy asked the Minister for Edu- This ensures that schools have the resources in cation and Science her views on dyslexia work- place to cater for pupils with high-incidence shops; if she will award grant aid to such initiat- special educational needs who may enrol in their ives; and if she will make a statement on the school. matter. [22588/06] The Learning-Support Guidelines 2000 advise schools to devise and implement an Individual 380. Ms C. Murphy asked the Minister for Edu- Profile and Learning Programme in respect of all cation and Science the categories of specific or pupils with low achievement in literacy and special learning needs required to have an indi- numeracy. The Learning Support Guidelines are vidual learning plan; if it is intended to expend provided to schools as best practice guidance. these categories; and if she will make a statement While the process is not mandatory, schools are on the matter. [22589/06] strongly advised to put procedures in place that ensure that the child’s needs are identified and 405. Mr. Stagg asked the Minister for Edu- appropriate interventions are put in place. cation and Science if her attention has been I do not intend to make the Individual Profile drawn to the workshops organised by an associ- and Learning Programme process mandatory. ation (details supplied) in many areas; if her Rather, since their publication, my Department attention has further been drawn to the fact that has provided and continues to provide support to the need for such workshops arises from the schools and teachers on the implementation of widespread non implementation of her Depart- the Learning-Support Guidelines. A copy of the ment’s policy and guidelines for slow learners; if Learning-Support Guidelines has been distrib- her attention has further been drawn to the fact uted to all primary teachers. Trainers from the that the staff and other resources required by the Primary Curriculum Support Programme have workshops are fully funded by the parents of the provided a training day on the implementation of pupils concerned; her views on grant aid to work- the Learning-Support Guidelines for the teachers shops to defray these costs; and if she will make in every primary school in the country and a statement on the matter. [22722/06] additional training courses and advice and sup- port has been provided for school principals, 407. Mr. Stagg asked the Minister for Edu- learning support teachers and resource teachers. cation and Science if she has satisfied herself This support is on-going. The Learning-Support regarding the take up and implementation of the Guidelines are also used as the core textbook in individual learning programme for slow learners the year-long training programmes for learning- and for dyslexic pupils in particular at national support teachers that are provided by the school level; the percentage of national schools Colleges of Education and the universities and that have implemented this programme; her which are funded by the Teacher Education views on making the programme obligatory Section of my Department. rather than optional; and if she will make a state- As provided for in the Education for Persons ment on the matter. [22724/06] with Special Educational Needs (EPSEN) Act 1013 Questions— 13 June 2006. Written Answers 1014

(2004), an education plan for each individual so on — but the general rule is that there is at pupil with special educational needs will become least one classroom teacher for every 29 children mandatory when the relevant sections of the in the school. Next year this is being reduced to EPSEN Act are commenced. In preparation for 28 children per classroom teacher and in this, the National Council for Special Education 2007/2008 it will be reduced to 27 children per (NCSE) has drawn up guidelines on the Individ- classroom teacher. ual Education Plan Process. It is intended to pub- The number of children in large classes has lish these guidelines before the end of the current been reduced dramatically by this Government. school year. These guidelines will provide advice Furthermore, what really puts the decrease in and assistance to schools, teachers and parents on large classes in context is the fact that in 1996/97 devising and implementing Individual Education five times more children were in classes of 35+ Plans (IEPs). It is expected that schools will use and ten times more children were in classes of these guidelines to draw up school policies and 40+. It is important to appreciate that there are a procedures in relation to IEPs in advance of the number of different reasons why a particular mandatory requirement for them. school may have a large class in a given year. I have asked the NCSE to provide me with an Reasons why there are large classes include a sig- implementation plan in relation to the EPSEN nificant fluctuation in enrolments from one year Act. I expect to receive this plan by October to the next and/or a decision by the school princi- 2006. This plan will enable me to decide on the pal not to have multi-grade classes. commencement of the remaining sections of the Regardless of the reason why there is a large Act, including the sections related to IEPs. In class in a particular school one year, it should be relation to the matter of dyslexia workshops, I noted that in the majority of cases this is not the can confirm that my Department provides fund- situation in the following year. In the main, the ing to the Dyslexia Association. This funding same schools do not have large classes year after helps the organisation operate an information year and so the same children are not in large service for members and the public. In addition, classes year after year. part of the funding assists in meeting the costs Where some classes in a school have class sizes associated with the attendance of some children of greater than 29, it is often because a decision from disadvantaged backgrounds at workshops has been taken at local level to use their teaching and programmes organised by the association. resources to have smaller numbers in other The Deputies may be aware that my Depart- classes. Indeed, when the matter of why a part- ment has developed an information resource icular school has a class of 35 in a particular grade pack on dyslexia in cd-rom, dvd and video format, is looked into, very often the answer is because in association with the Department of Education there is another class in the same school with a in Northern Ireland. This product has been made much lower than average number of pupils in it. available to all primary and post-primary schools. Splitting classes may not always be an option The DVD and video provides support for parents for a particular school, because for example there of pupils with dyslexia while the CD-Rom assists might be a large group in junior infants and a teachers who are teaching children with dyslexia small group in sixth class and so on. But where it in the mainstream classroom. Major improve- is possible, principals should consider the benefits of having smaller multi-grade classes as against ments have been made in primary school staffing having large differences in class sizes at different in recent years. Next September there will no less levels in the school. This Government has clearly than 4000 extra teachers in our primary schools, demonstrated its commitment to improving staff- compared with 2002. Not only is the average class ing in our primary schools by hiring thousands of size in our primary schools down to 24, but there extra teachers in recent years and we will con- is now one teacher for 17 pupils at primary level, tinue to make progress on this issue. including resource teachers etc. Children with special needs and those from 381. Ms C. Murphy asked the Minister for Edu- disadvantaged areas are getting more support cation and Science the recommended case load than ever before to help them to make the most for resource teachers; if it is intended to set mini- of their time at school. With the thousands of mum standards for such teachers; and if she will extra primary teachers appointed, recent years make a statement on the matter. [22590/06] have seen the largest expansion in teacher numbers since the expansion of free education. Minister for Education and Science (Ms Over the next two school years even more Hanafin): Primary school pupils with special edu- teachers will be put in place both for the above cational needs are allocated between 3 and 5 sup- priority areas of disadvantage and special edu- port teaching hours per week. Once a school or cation and also under a reduction in the main- cluster of schools acquires 22 additional resource stream staffing schedule at primary level. Primary teaching hours, a full-time resource teacher may schools are staffed on a general rule of at least be recruited. A full-time resource teacher is one classroom teacher for every 29 children. Of expected to teach for up to 25 hours per week. course, schools with only one or two teachers On this basis resource teachers would typically have much lower staffing ratios than that — with have between 5 and 8 pupils with low-incidence two teachers for just 12 pupils in some cases and special educational needs on a caseload. 1015 Questions— 13 June 2006. Written Answers 1016

[Ms Hanafin.] 40+. It is important to appreciate that there are a In post-primary schools SENOs allocate hours number of different reasons why a particular in respect of students with certain professionally school may have a large class in a given year. assessed high- and low-incidence disabilities. The Reasons why there are large classes include a sig- allocations range from 2.5 to 5 hours per child. nificant fluctuation in enrolments from one year A full-time resource teacher at post-primary level to the next and/or a decision by the school princi- would have a caseload of 22 hours, however a pal not to have multi-grade classes. teacher in such a setting may also teach other Regardless of the reason why there is a large subjects and in theory could have just one student class in a particular school one year, it should be for resource teaching support. noted that in the majority of cases this is not the The following teachers can be appointed to situation in the following year. In the main, the resource teacher posts: (i) Fully recognised and same schools do not have large classes year after probated primary teachers; or (ii) Teachers who year and so the same children are not in large were granted provisional or restricted recognition classes year after year. from the Department of Education and Science Where some classes in a school have class sizes before 28th March 2006. (iii) Teachers who are of greater than 29, it is often because a decision registered with the Teaching Council on or after has been taken at local level to use their teaching 28th March 2006, and who are eligible to teach in resources to have smaller numbers in other mainstream or special education settings. classes. Indeed, when the matter of why a part- To be qualified as a resource teacher in the icular school has a class of 35 in a particular grade post-primary sector, a person must be qualified is looked into, very often the answer is because as a post-primary teacher and, in addition, hold a there is another class in the same school with a recognised post-graduate qualification in special much lower than average number of pupils in it. educational needs (SEN)teaching. There is also Splitting classes may not always be an option provision for appointment of a teacher without for a particular school, because for example there such a post-graduate qualification if no fully might be a large group in junior infants and a qualified SEN teacher is available. small group in sixth class and so on. But where it Major improvements have been made in is possible, principals should consider the benefits primary school staffing in recent years. Next of having smaller multi-grade classes as against September there will no less than 4000 extra having large differences in class sizes at different teachers in our primary schools, compared with levels in the school. This Government has clearly 2002. Not only is the average class size in our demonstrated its commitment to improving staff- primary schools down to 24, but there is now one ing in our primary schools by hiring thousands of teacher for 17 pupils at primary level, including extra teachers in recent years and we will con- resource teachers etc. tinue to make progress on this issue. Children with special needs and those from disadvantaged areas are getting more support Schools Amalgamation. than ever before to help them to make the most of their time at school. With the thousands of 382. Mr. McGuinness asked the Minister for extra primary teachers appointed, recent years Education and Science if she will sanction the have seen the largest expansion in teacher amalgamation of two schools (details supplied) in numbers since the expansion of free education. County Kilkenny, in view of the fact that there is Over the next two school years even more full agreement at local level; if the amalgamation teachers will be put in place both for the above will be approved in order that the administrative priority areas of disadvantage and special edu- process can be completed while waiting on the cation and also under a reduction in the main- technical reports on the sites; and if she will make stream staffing schedule at primary level. Primary a statement on the matter. [22616/06] schools are staffed on a general rule of at least one classroom teacher for every 29 children. Of Minister for Education and Science (Ms course, schools with only one or two teachers Hanafin): The next step in the proposed amalga- have much lower staffing ratios than that — with mation of the two schools, to which the Deputy two teachers for just 12 pupils in some cases and refers, is for a technical assessment to be carried so on — but the general rule is that there is at out on existing buildings to determine which, if least one classroom teacher for every 29 children any, would be suitable to act as a host for the in the school. Next year this is being reduced to new school. 28 children per classroom teacher and in The Deputy will be aware that on 13 January 2007/2008 it will be reduced to 27 children per last, I outlined details of 62 schools which are classroom teacher. being given the go ahead to proceed with major The number of children in large classes has capital works such as new school building pro- been reduced dramatically by this Government. jects, extensions or refurbishment. The first key Furthermore, what really puts the decrease in step for these schools is the appointment of the large classes in context is the fact that in 1996/97 design team that will design and plan the works. five times more children were in classes of 35+ Technical visits are currently being carried out on and ten times more children were in classes of these projects as part of this process. 1017 Questions— 13 June 2006. Written Answers 1018

As soon as that series of technical visits is com- and individuals promoting social inclusion pleted, officials in my Department will be in a measures. position to proceed with other technical assess- Measures under DEIS range from pre-school ments such as the case of the two school sites interventions, supports for tackling children’s lit- referred to by the Deputy. My Department will eracy problems, reduced pupil teacher ratios, be in direct contact with the school authorities in increased capitation grants, measures to tackle question when it is in a position to schedule a early school leaving and strengthen ties between technical inspection of the buildings concerned. the school, the family and the community. A key component of my Department’s strategy to dis- Education Schemes. criminate positively in favour of children and young people who are at risk of early school leav- 383. Ms Enright asked the Minister for Edu- ing is the School Completion Programme. This cation and Science the reason her Department does not provide funding to a community-based programme was implemented to directly target organisation (details supplied) in County Laois, those in danger of dropping out of the education in view of the fact that the bulk of its work system and in line with current thinking favours centres around supporting and encouraging chil- an integrated cross-community and cross-sectoral dren to continue in mainstream education; and if approach based on the development of local stra- she will make a statement on the matter. tegies to ensure maximum participation levels in [22633/06] the education process. It entails targeting individ- ual young people aged 4 — 18, both in and out 384. Ms Enright asked the Minister for Edu- of school, and arranging supports to address cation and Science if she will examine an innov- inequalities in education access, participation ative educational scheme (details supplied) in and outcomes. County Laois with a view to making it a pilot pro- Increased access will be provide to the 200 ject to assist in primary education here; and if she second level and 320 urban/town primary schools will make a statement on the matter. [22634/06] in SSP to a range of academic and non-academic supports based in-school, after school, out-of- Minister for Education and Science (Ms school and during holiday time, based on best Hanafin): I propose to take Questions Nos. 383 practices identified through the School Com- and 384 together. pletion Programme (SCP). There are currently 82 Tackling educational disadvantage is one of my School Completion Programme project sites main priorities and the new plan for educational located around the country and with the roll out inclusion, DEIS ( Delivering Equality of Oppor- of the new School Support Programme the tunities in Schools) aims to ensure that the edu- number of project sites will be increased. In this cational needs of children and young people, context, I am not in favour of introducing new from pre-school to completion of upper second- individual pilot schemes at this stage. level education (3 to 18 years), from disadvantaged communities are prioritised and Schools Building Projects. effectively addressed. The plan is designed to ensure that schools serving the most 385. Ms Burton asked the Minister for Edu- disadvantaged communities benefit from the cation and Science further to her recent maximum level of support available. announcement of a new primary school in Dublin Over the years, no less than 8 separate schemes 15 for September 2006 under the patronage of the for disadvantaged primary schools have been put Catholic Archdiocese of Dublin, and a new in place. Some schools were benefiting from just school under the patronage of Educate Together, one or two of these and others were benefiting the location of each site; the size of each site; the from more. The new School Support Programme cost of acquiring each site; the number of pupils which is currently being rolled out in 840 schools who will be catered for by each school; and if she selected to participate, will rationalise existing will make a statement on the matter. [22635/06] schemes and integrate them into the new School Support Programme, which is designed to ensure Minister for Education and Science (Ms that the most disadvantaged schools benefit from Hanafin): In April this year I took a decision to a comprehensive package of supports, while grant recognition to a new primary school for the ensuring that others continue to get support in Dublin 15 area, with effect from this coming line with the level of disadvantage among their September under the Patronage of the Catholic pupils. Archdiocese of Dublin. The rate and pace of A key objective of this action plan is to development in this area is unprecedented and enhance integration and partnership working, this decision was taken to ensure that we have both within the education sector itself and sufficient educational infrastructure in place to between all other relevant Government depart- cater for the ever increasing number of pupils ments, agencies, organisations and groups. Under seeking school places. It is planned that this DEIS, my Department, through the network of school, St. Benedict’s, Ongar, will be located in ten regional offices is enhancing its capacity to temporary accommodation on the Mary Mother work in partnership with locally based agencies of Hope NS site. 1019 Questions— 13 June 2006. Written Answers 1020

[Ms Hanafin.] Schools can raise with my Department any site With regard to permanent accommodation, it specific problems or unusual planning stipulations is intended that both the new Catholic School, St. that impose additional costs and these will be Benedict’s and Castaheaney Educate Together examined. National School will be accommodated on the Otherwise schools must reduce the scope of reserved school site at Ongar. The acquisition intended works so as to remain within budget. process for this site is currently being finalised. In A school does not have to accept the invitation order to protect the public procurement process to participate in a devolved scheme and instead it is normal policy not to comment on the pur- be considered for inclusion in the mainstream chase price of individual sites. school building programme in line with the pro- A sixteen classroom school will be constructed ject’s priority band rating. The school in question initially on this site with a target completion date recently submitted an appeal for additional fund- of September, 2007 to meet the immediate ing which will be considered as soon as possible. accommodation needs of Castaheaney Educate The school management will be notified of the Together National School. However, the ultimate decision at an early date. long term enrolment of both schools concerned will be the subject of further discussions with the School Accommodation. school management authorities concerned. 387. Mr. Hayes asked the Minister for Edu- cation and Science when work will begin on pro- 386. Mr. P. Breen asked the Minister for Edu- viding additional accommodation to a school cation and Science if extra funding will be made (details supplied) in County Tipperary. available to a school (details supplied) in County [22643/06] Clare in order to complete a building project; and if she will make a statement on the matter. Minister for Education and Science (Ms [22642/06] Hanafin): The School Planning Section of my Department is in receipt of an application for Minister for Education and Science (Ms major capital works from the management auth- Hanafin): As part of the expansion of the ority of the school to which the Deputy refers. devolved scheme for primary school building \ The application has been assessed in accordance works, a grant of 275,000 was sanctioned in with the published prioritisation criteria for large March 2006 to enable the management auth- scale projects and was assigned a Band 2 rating. orities of the school in question to extend and Progress on the proposed works is being con- refurbish their school. Devolving funding to sidered in the context of the School Building and school management authorities allows them to Modernisation Programme from 2006 onwards. have control of their projects, assists in moving projects more quickly to tender and construction and can also deliver better value for money. School Services Staff. The Schemes are not structured on the basis 388. Mr. Haughey asked the Minister for Edu- that the Department funding must be sup- cation and Science the reason some primary plemented by local fundraising. They do however school secretaries are paid indirectly by way of an allow a school to supplement the funding from ancillary grant to the school per child, while other local resources if they so wish. The critical school secretaries are paid directly by her Depart- element is that with devolved authority the school ment; if those paid by way of an ancillary grant must set the scope of works to match the funding are at a disadvantage in view of the fact that PRSI allocated. The Department does not define the has to be paid by the school first and that pupil precise works to be carried out. A school can numbers in a school can fall; and if she will make make choices within the budget allocated. a statement on the matter. [22650/06] Setting the scope of works is the critical first step. Clearly where a school has a known level of Minister for Education and Science (Ms resources apart from the Department funding or Hanafin): My Department provides funding knows its capacity to raise additional resources it towards the cost of secretarial services in primary is open to that school to extend the scope of schools under two separate schemes. One is the works to include additional facilities. However if 1978 scheme under which my Department meets the scope of works is not set appropriately from the full cost of salary. These secretaries are paid the outset based on the budget available there is directly through my Department’s payroll. The a risk that the school will be faced with a funding 1978 scheme is being phased out and no new gap when the project is at construction. posts are being created under the scheme. The The choices to be made within these devolved new Ancillary Services Grant scheme has super- schemes rest with the school and that is the cor- seded the 1978 scheme. nerstone of any policy of devolution. The school The new Ancillary Services grant scheme is a authority knows the budget and must decide what more extensive scheme covering the funding of it is capable of building with that budget. The ancillary services in primary schools, including time to identify a problem is at the outset before secretarial services. The scheme is flexible in nat- entering any contract. ure giving Boards of Management and schools 1021 Questions— 13 June 2006. Written Answers 1022 discretion as to the manner in which secretarial tation with their assigned NEPS psychologist. services are provided. Only if there is a failure to make reasonable pro- Under the new scheme the arrangement is that gress in spite of the school’s best efforts, will a each school receives a grant from my Department child be referred for individual psychological for the provision of secretarial and other ancillary assessment. This system allows the psychologists services. It is a matter for each school to deter- to give early attention to urgent cases and also to mine how best to meet its secretarial require- help many more children indirectly than could be ments. My Department has no direct role in the seen individually. pay and conditions of service of secretaries Children who manifest very special or urgent employed directly by schools under these needs in school and who have not been previously arrangements. assessed by a psychologist and are brought to the attention of a NEPS psychologist by the Principal Third Level Fees. teacher will usually be assessed by the psychol- 389. Mr. Perry asked the Minister for Edu- ogist within that school term. Normally, princi- cation and Science the reason a person (details pals of schools prioritise those children in need of supplied) in County Sligo has to pay fees for their psychological assessment in consultation with the studies as they are the holder of an Irish passport; assigned psychologist. and if she will make a statement on the In the case of schools that do not currently matter. [22653/06] have dedicated NEPS psychologists assigned to them, as I already mentioned, such schools have Minister for Education and Science (Ms access to educational psychological assessments Hanafin): Under the terms of the Free Fees through the SCPA. Under this Scheme, schools Initiative the Exchequer meets the tuition fees of can commission assessments from a member of students who are first-time undergraduates and the panel of private practitioners approved by hold EU nationality or official refugee status and NEPS, and NEPS will pay the fees directly to the have been ordinarily resident in an EU Member psychologist concerned. State for at least three of the five years preceding NEPS provides assistance to all schools and their entry to an approved third level course. It is school communities that experience critical inci- a matter for each institution to determine dents, regardless of whether or not they have a students eligibility for free fees under my Depart- NEPS psychologist assigned to them. NEPS also ment’s Free Fees Initiative. provides psychological services to schools in I would emphasise the distinction between the Dublin for children with visual impairment and criteria that determines eligibility under the Free for children with hearing impairment. Fees Initiative, and the criteria by which individ- Since the establishment of the NEPS in 1999, ual institutions establish what rates of tuition fees the number of NEPS psychologists has increased should be charged, in cases where a student does from 43 to 122 at present. Thirty psychologists not qualify for free fees. The universities are (30) are currently assigned to primary schools in autonomous bodies and, as such, may determine Dublin. The Public Appointments Service has the level of fees to be charged in cases where the concluded a new recruitment competition for the Free Fees Initiative does not apply. appointment of Educational Psychologists to NEPS. Regional panels have been established to Psychological Service. allow my Department give greater priority in fill- 390. Mr. Kenny asked the Minister for Edu- ing vacancies to areas with the greatest need. Two cation and Science the number of psychologists newly appointed psychologists have been available to primary schools in the Dublin area; assigned to a Dublin region. My Department is the waiting times for psychological assessments; currently in the process of recruiting a further 9 and if she will make a statement on the psychologists. matter. [22656/06] Special Educational Needs. Minister for Education and Science (Ms Hanafin): All primary and post primary schools 391. Mr. Kenny asked the Minister for Edu- have access to psychological assessments either cation and Science the way in which parents directly through my Department’s National Edu- whose special needs children are attending pre- cational Psychological Service (NEPS) or through schools throughout Dublin are to access primary the Scheme for Commissioning Psychological schools in view of the fact that most of these Assessments (SCPA) that is administered by primary schools have waiting lists for children NEPS and full details of which are available on with special needs; and if she will make a state- my Department’s website. ment on the matter. [22657/06] NEPS does not keep waiting lists for assess- ments of children but in common with other Minister for Education and Science (Ms psychological services encourages a staged assess- Hanafin): It is open to all parents to approach ment process, whereby each school takes schools with a view to enrolling their children, responsibility for initial assessment, educational including those with special educational needs. A planning and remedial intervention, in consul- specific function of the National Council for 1023 Questions— 13 June 2006. Written Answers 1024

[Ms Hanafin.] Special Education, through its network of local Figures for projected enrolments in Clondalkin special educational needs organisers (SENOs), is are not held in my Department. to identify appropriate educational placements However I am satisfied that between them, the for all children with special educational needs. existing schools can cater for current and emerg- The SENO is a focal point of contact for ing needs. parents/guardians and schools. 394. Mr. Kenny asked the Minister for Edu- Contact with the relevant SENO can be made cation and Science the number of children by contacting the NCSE, Mill Street, Trim, Co. attending secondary school in the Newcastle, in Meath, telephone number (046) 948 6400 or by County Dublin area in each of the years from accessing the NCSE website at www.ncse.ie. 2000 to 2006; the projected numbers for the next five years; and if she will make a statement on School Enrolments. the matter. [22660/06] 392. Mr. Kenny asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the number of children Hanafin): There is no Post-Primary provision in attending secondary school in the Rathcoole, Newcastle. Students from this area attend second- County Dublin area in each of the years 2000 to ary school in the neighbouring areas of 2006; the projected numbers for the next five Rathcoole, Lucan and Clondalkin. years; and if she will make a statement on the matter. [22658/06] 395. Mr. Kenny asked the Minister for Edu- cation and Science the number of children Minister for Education and Science (Ms attending secondary school in the Lucan area in Hanafin): There is one postprimary school in County Dublin in each of the years from 2000 to Rathcoole, Holy Family Community School and 2006; the projected numbers for the next five enrolment details since 2000 are as follows: years; and if she will make a statement on the matter. [22661/06] 2000 711 2001 689 Minister for Education and Science (Ms Hanafin): There are five Post-Primary providers 2002 678 serving students in Lucan, namely, Cola´iste Pha´d- 2003 662 raig, St. Joseph’s College, St. Kevin’s Community 2004 676 College, Co´ laiste Cois Life and Lucan Com- 2005 661 munity College. Details of enrolments since 2000 are as follows. Details regarding the projected pupils numbers 2000 2,736 for this school are not available in my Depart- ment. However, future needs in the area will be 2001 2,706 assessed in the light of an application from the 2002 2,738 Holy Family Community School for major capi- 2003 2,772 tal works. 2004 2,718 2005 2,731 393. Mr. Kenny asked the Minister for Edu- cation and Science the number of children attending secondary school in the Clondalkin, While details of projected numbers requiring Dublin 22 area in each of the years from 2000 to places in Lucan over the next five years are not 2006; the projected numbers for the next five held in my Department I am satisfied that years; and if she will make a statement on the between them, the Post-Providers in the area can matter. [22659/06] cater for current needs. However, given the level of population growth in Lucan in recent years, Minister for Education and Science (Ms my Department will be assessing the actions Hanafin): There are four Post-Primary providers necessary to cater for the long term needs at post- in the Clondalkin area namely, Cola´iste Brı´de, primary level in the general Lucan area. Moyle Park College, Collinstown Park Com- munity College and Deansrath Community 396. Mr. Kenny asked the Minister for Edu- College. Details of enrolments at these schools cation and Science the number of children since 2000 are as follows. attending national school in the Rathcoole, County Dublin area in each of the years from 2000 2,747 2000 to 2006; the projected numbers for the next five years; and if she will make a statement on 2001 2,673 the matter. [22662/06] 2002 2,568 2003 2,579 Minister for Education and Science (Ms 2004 2,538 Hanafin): There are two primary schools serving 2005 2,509 the needs of children in Rathcoole, namely Holy Family National School and Scoil Chronain. The 1025 Questions— 13 June 2006. Written Answers 1026 following is details of enrolments in the Rathcoole area since 2000. 2000 5,583 2001 5,517 2000 456 2002 5,415 2001 479 2003 5,427 2002 480 2004 5,329 2003 492 2005 5,340 2004 495 2005 512 Figures for future enrolments are not held in my Department, however, I am satisfied that the eighteen primary providers between them can Figures for projected numbers for the next five cater for emerging needs in that area. years are not available in my Department. 399. Mr. Kenny asked the Minister for Edu- 397. Mr. Kenny asked the Minister for Edu- cation and Science the number of children cation and Science the number of children attending national school in the Lucan, County attending national school in the Newcastle, Dublin area in each of the years from 2000 to County Dublin area in each of the years from 2006; the projected numbers for the next five 2000 to 2006; the projected numbers for the next years; and if she will make a statement on the five years. [22663/06] matter. [22665/06]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): There is one primary school in Hanafin): There are twelve primary schools in Newcastle, namely Newcastle National School Lucan serving the needs of that area, namely, and enrolment details since 2000 are as follows: Archbishop Ryan Junior National School, Arch- bishop Ryan Senior National School, Scoil 2000 228 Mhuire Esker National School, St. Thomas Jun- 2001 237 ior National School, Scoil Aine Senior National School, St. Andrew’s National School, Lucan 2002 237 Boys National School, Scoil Mhuire National 2003 224 School, Griffeen Valley Educate Together 2004 222 National School, Lucan Educate Together 2005 224 National School, Gaelscoil Naomh Padraig and Gaelscoil Eiscir Riada. Enrolment details at these schools since 2000 are as follows: My Department has determined that a 24 class- room primary school will be required in 2000 3,304 Newcastle to meet future needs in that area. 2001 3,472 Negotiations regarding the acquisition of a site are ongoing in this regard. 2002 3,653 2003 4,109 398. Mr. Kenny asked the Minister for Edu- 2004 4,236 cation and Science the number of children 2005 4,536 attending national school in the Clondalkin, Dublin 22 area in each of the years from 2000 to These schools have a potential capacity of 5,736 2006; the projected numbers for the next five pupils. Therefore, I am satisfied that, between years; and if she will make a statement on the them, the schools in Lucan can cater for current matter. [22664/06] and future needs.

Minister for Education and Science (Ms 400. Mr. Kenny asked the Minister for Edu- Hanafin): There are eighteen primary schools cation and Science when building work will pro- serving the pupils of Clondalkin, namely, Our ceed on the new schools in Adamstown; the Lady Queen of Apostles National School, Gael- number of children they will cater for; the scoil na Camoige, St. Bernadette’s Senior expected completion date; and if she will make a National School, Scoil Naomh Ide, St. Mary’s statement on the matter. [22666/06] Junior National School, Talbot Senior National School, St. Peter Apostle Senior National School, Minister for Education and Science (Ms Scoil Naomh Aine, Scoil Naomh Seosamh, St. Hanafin): The initial requirement in Adamstown Bernadette’s Junior National School, Scoil is for two primary schools and one post-primary Naomh Eoin, Neillstown National School, Gael- school. These schools will cater for about 900 scoil Chluain Dolcain, Scoil Nano Nagle, Sacred primary pupils and 1,000 post-primary pupils. The Heart National School, St. Ronan’s National immediate requirement is for the primary schools School, St. Mary’s Senior National School and and I am pleased to advise the Deputy that my Scoil Mhuire. Enrolment details at these schools Department is liaising directly with the devel- since 2000 are as follows. opers in Adamstown on the procurement of these 1027 Questions— 13 June 2006. Written Answers 1028

[Ms Hanafin.] cation and Science the number of children on the schools under a design and build. I understand waiting list for a school (details supplied) in that the developers have recently applied for County Dublin; and if she will make a statement planning permission for these schools and it is on the matter. [22669/06] intended that construction will commence later this year with a view to facilitating the first intake Minister for Education and Science (Ms of pupils in September 2007. Hanafin): Information regarding waiting lists in individual schools are the responsibility of the Site Acquisitions. management authorities of the school in question. While information has been previously submitted 401. Mr. Kenny asked the Minister for Edu- to my Department regarding enrolments at the cation and Science if a site has been selected for school referred to by the deputy, the up to date a school (details supplied) in County Dublin; the position is not available in my Department. negotiations which have taken place for same; and if she will make a statement on the matter. [22667/06] School Staffing. 404. Ms Enright asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the reason for the removal of Hanafin): The Property Management Section of a resource teacher from a school (details the Office of Public Works, which acts on behalf supplied) in Dublin 6; and if she will make a state- of my Department in relation to site acquisitions ment on the matter. [22695/06] generally was requested to source a site for the school referred to by the Deputy. Site proposals Minister for Education and Science (Ms have been received by OPW following their Hanafin): This school currently has the services recent advertisement for possible site options. of three learning support/resource teachers. One These site proposals will now need to be assessed. of these posts is due to be suppressed because a number of pupils, who had been allocated indi- 402. Mr. Kenny asked the Minister for Edu- vidual resource teaching hours, are leaving the cation and Science the landbank available in school. However, I am informed that the school Dublin for school sites in the future; her plans to has submitted applications for resource teaching cater for future schooling needs in Dublin; and if support to the Special Educational Needs Organ- she will make a statement on the matter. iser in respect of other pupils due to enrol in the [22668/06] school. The outcome of these applications will determine the level of resource teaching support Minister for Education and Science (Ms in the school for the 2006/2007 school year. Hanafin): With regard to rapidly developing areas in Dublin, my Department is maximising Question No. 405 answered with Question the use of existing school facilities by providing No. 379. extensions where site capacity allows along with the provision of new schools on Greenfield sites. School Placement. This year alone, I authorised six primary school extensions, one post primary extension and six 406. Mr. Durkan asked the Minister for Edu- new primary schools to enter architectural plan- cation and Science when primary school place- ning in Dublin. This level of development is ments will be offered to persons (details supplied) planned to continue with site negotiations at in County Kildare; and if she will make a state- advanced stages for other school projects. ment on the matter. [22723/06] There are two sites in the Dublin area in the ownership of my Department that have yet to be Minister for Education and Science (Ms developed. One of these is at Kingswood Heights, Hanafin): The compulsory school starting age in Tallaght for a post primary school and the other a National School is 6 years of age and Rule 64 site is in Rathcoole, Co. Dublin for a primary (1) of the Rules for National Schools provides school. My Department is pursuing an ongoing that a child must be at least 4 years of age before programme of site acquisitions for school build- she/he may be enrolled in a National School. ing purposes in many locations throughout the Children of compulsory school-going age must country including the Dublin area. Local Auth- have a place in a National School and overall orities are obliged by statute to refer draft local there are more than enough places available. area development plans to my Department for Enrolment in individual schools is the responsi- observation and comment so that lands can be bility of the managerial authority of those schools zoned for future education use. There are numer- and my Department does not seek to intervene ous such sites reserved for education purposes in decisions made by schools in such matters. My particularly in the rapidly developing areas Department’s main responsibility is to ensure around Dublin so as to ensure that there will be that schools in an area can, between them, cater sufficient land set aside and available for the for all pupils seeking places. This may result, future development of education infrastructure. however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial auth- School Enrolments. orities of schools that are not in a position to 403. Mr. Kenny asked the Minister for Edu- admit all pupils seeking entry to implement an 1029 Questions— 13 June 2006. Written Answers 1030 enrolment policy in accordance with the Edu- 2001 and the Education (Welfare) Act 2000. The cation Act. In this regard a board of management delegation does not include powers and duties may find it necessary to restrict enrolment to chil- that require the Minister to give her agreement dren from a particular area or a particular age to the exercise of any power or performance of group or, occasionally, on the basis of some any duty by another Minister. other criterion. Under the Education and Science (Delegation Where a board of management refuses to enrol of Ministerial Functions) (No. 3) Order 2004 (SI a student in a school the parent of the student or, No. 522 of 2005) the Government delegated to where the student has reached 18 years of age, Ms Sı´le de Valera TD, Minister of State at the the student themselves, following the conclusion Department of Education and Science, the power of any appeal procedures at school level, has a and duties of the Minister for Education and statutory entitlement under section 29 of the Science conferred on the Minister by or under the Education Act 1998 to appeal that decision to the Youth Work Act 2001; section 7(1)(c)(i) of the Secretary General of the Department of Edu- Education Act 1998, insofar as it relates to adult cation and Science. education, including educational disadvantage, Under the appeal process, a committee is established to hear the appeal. Oral hearings are among adults; and section 7(1)(c)(ii) of the Edu- conducted with a minimum of formality. In most cation Act 1998 insofar as it relates to transport cases appeals must be dealt within 30 days. services. Both of these orders were made on 7 Where appropriate, the Secretary General may December 2004. give whatever directions to the board of manage- Prior to these, there have been a number of ment that are considered necessary to remedy the Delegation Orders made since the convention of matter complained of. the current Da´il. These are the Education and Science (Delegation of Ministerial Functions) Questions Nos. 407 and 408 answered with (No. 1) Order 2002 (S.I. No. 653 of 2002); the Question No. 379. Education and Science (Delegation of Ministerial Functions) (No. 2) Order 2002 (S.I. No. 654 of Vocational Education Committees. 2002); the Education and Science (Delegation of Ministerial Functions) Order 2003 (S.I. No. 526 409. Mr. Kehoe asked the Minister for Edu- of 2003); and the Education and Science cation and Science the plans she has to give a (Delegation of Ministerial Functions) (No. 2) chairman’s allowance to the chairperson of the Order 2003 (S.I. No. 738 of 2003). different county vocational education commit- tees; and if she will make a statement on the matter. [22796/06] Army Compensation Claims. 411. Ms Burton asked the Minister for Minister for Education and Science (Ms Defence further to Parliamentary Question Nos. Hanafin): My Department has been in discussions 67, 121 and 126 of 9 May 2006, the number, of with the Irish Vocational Education Association those who were awarded gratuities, who were (IVEA) in relation to their request for the intro- officers; the number who were not; the rate of duction of an allowance for the Chairpersons of gratuity paid to each; the number of those, in VECs. This matter is under consideration within my Department and a response will be furnished respect of the Section 12(2) double compensation to the IVEA in due course. of the 59 cases received, who were officers; the number who were not; and the amount by which awards are reduced in cases where partial Ministerial Responsibilities. reduction applies. [22391/06] 410. Mr. P. McGrath asked the Minister for Education and Science the functions which have, 412. Ms Burton asked the Minister for Defence since the last general election, been delegated to further to Parliamentary Question Nos. 67, 121 Ministers of State at her Department by the and 126 of 9 May 2006, the status of the remain- Government under powers conferred on it by ing two cases in view of the fact that there were Section 2 (1) of the Ministers and Secretaries 59 cases eligible for review under Section 13(2) (Amendment) (No. 2) Act 1977; and the statutory of which 48 cases were decided and nine not; the instrument number of each such order. number of those awarded pensions who were [22841/06] officers and the number who were not; the number of those awarded gratuities who were Minister for Education and Science (Ms officers and the number who were not; the rate Hanafin): There are two Delegation of Functions Orders currently in force in my Department. of pension awarded to those who were officers; Under the Education and Science (Delegation of and rate of pension awarded to those who were Ministerial Functions) (No. 2) Order 2004 (SI No. not. [22392/06] 521 of 2005), the Government delegated to Mr Brian Lenihan TD, Minister of State at the Minister for Defence (Mr. O’Dea): I propose Department of Education and Science, the to take Questions Nos. 411 and 412 together. powers and duties of the Minister for Education The information requested is being compiled and Science conferred on her by or under the and will be forwarded to the Deputy as soon as Children Acts 1908 to 1989, the Children Act possible. 1031 Questions— 13 June 2006. Written Answers 1032

Ministerial Responsibilities. development plans to include objectives for the integration of the planning and sustainable 413. Mr. P. McGrath asked the Minister for development of the area with the social, cultural Defence the functions which have, since the last and community requirements of the area and its general election, been delegated to Ministers of population. The closing date for comments and State at his Department by the Government submissions on the Draft Guidelines is 21 July under powers conferred on it by Section 2 (1) of 2006. the Ministers and Secretaries (Amendment) (No. 2) Act 1977; and the statutory instrument number of each such order. [22842/06] Noise Pollution. 415. Mr. F. McGrath asked the Minister for the Minister for Defence (Mr. O’Dea): Since the Environment, Heritage and Local Government last general election, no specific function has been the action a person can take regarding the noise delegated to the Minister of State at my Depart- pollution from jet skis that are operating off the ment, Mr. Tom Kitt, T.D., who is also Minister of prom in Clontarf as they are disturbing children State at the Department of the Taoiseach. I do, at 9.30 pm; and if he will advise on this however, request his assistance in the execution matter. [22638/06] of certain duties, on an ongoing basis. Minister Kitt has deputised for me at official events on a Minister for the Environment, Heritage and number of occasions when I have been unable to Local Government (Mr. Roche): Under the attend due to prior diary commitments. Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a local authority or any Social and Affordable Housing. person may seek an order in the District Court to 414. Dr. Cowley asked the Minister for the have noise giving reasonable cause for annoyance Environment, Heritage and Local Government if abated. The procedures involved have been sim- he will ensure that under the State lands initiat- plified to allow action to be taken without legal ive, local authorities should give some of their representation. A public information leaflet out- land to provide lands in the context of the afford- lining the legal options available to persons able housing initiative; his views on whether com- experiencing noise nuisance is available from my munity zoning could be a simple system if it is Department and on the Department’s website, prioritised by the Government and as stated to www.environ.ie. this Deputy that this could be a simple operation; The Maritime Safety Act 2005 includes pro- and if he will make a statement on the matter. visions on the regulation and control of water- [22307/06] craft in the interests of safety and the prevention of nuisance or injury to persons. It is open to any Minister of State at the Department of the person who feels that noise from a watercraft is Environment, Heritage and Local Government causing a serious nuisance to raise the matter with (Mr. N. Ahern): Under the terms of the Sustain- the local authority or harbour authority con- ing Progress Affordable Housing Initiative, a ser- cerned for consideration having regard to the ies of lands belonging to local authorities have provisions of the 2005 Act. been released to the initiative. To date, 131 affordable housing units have been provided on Company Closures. three sites in Buckley’s Field, Blackrock, Cork (32 units), Finglas Road (50 units) and 416. Mr. Stanton asked the Minister for the Flemington, Balbriggan (49 units). Construction Environment, Heritage and Local Government is also underway on ten sites belonging to local further to Parliamentary Question No. 298 of 29 authorities which will yield a total of 574 afford- January 2003 if the property that was held by a able housing units. company (details supplied) on Haulbowline In addition to these specific projects, local Island under a lease dated 22 May 1996 and made authorities are also progressing numerous pro- between the Minister for Finance, the Minister jects on their own lands under their social and for Communications, Marine and Natural other affordable housing programmes. The zon- Resources and the company has been disclaimed ing of land for particular purposes is a function through the courts following the voluntary liqui- of local authorities within the development plan dation of a company; the situation regarding the process, as set out in the Planning and Develop- ownership or control of this property; the size of ment Act 2000. My Department actively engages the property; his future plans for the property; with local authorities on a range of initiatives and if he will make a statement on the matter. towards community improvements. Local auth- [22726/06] orities will generally have regard to potential fin- ancial implications of zoning exclusively for com- Minister for the Environment, Heritage and munity use, and may prefer to adopt an Local Government (Mr. Roche): The case in integrated approach to the planning requirements question was one in which the liquidator of the of an area in consultation with the relevant company initiated proceedings to disclaim the stakeholders. lease, granted by the State through the Depart- To assist local authorities in this process, I ments of Finance, and Communications, Marine recently published Draft Guidelines on Develop- and Natural Resources on a site of total area in ment Plans for Planning Authorities for public the region of 20 hectares at Haulbowline, Cobh, consultation which set out, inter alia, the need for County Cork, under Section 290 of the Compan- 1033 Questions— 13 June 2006. Written Answers 1034 ies Acts, on the basis that the lease constituted Minister for the Environment, Heritage and “onerous property”. Local Government (Mr. Roche): The Electoral Ultimately, the lease of the site was not dis- (Amendment) Act 2005 implemented the Con- claimed through the courts as the liquidator in stituency Commission’s 2004 recommendations in the intervening period exercised a break clause relation to Da´il constituencies. The revised con- in the lease. Notwithstanding the exercise of this stituencies will come into force on the dissolution break clause, the liquidator was constrained to of the Da´il and will be effective for the next remain on site until June 2003 in order to secure general election; in the period up to the dissol- the proper removal from the site of certain ution of the Da´il, the existing constituencies licensed radioactive materials then held on site. apply for any bye-elections which may be held. On completion of this, the site reverted to State The compilation and maintenance of the regis- custody. ter of electors is a matter for each local regis- tration authority. In July 2005 my Department My Department was mandated by Govern- wrote to local authorities requesting that the cur- ment, inter alia, to secure and maintain the site, rent register of electors should be adapted so that and to procure and have carried out an appro- both the existing and the revised constituencies priate site investigation. The reports on the site could be identified from it. All local authorities investigation will help inform Government on the have confirmed that the appropriate adaptations potential future uses of the site, and I will be have been made and that copies of the register reporting their conclusions to Government in the for the revised constituencies are available on relatively near future. Pending finalisation of the request. reports, and the subsequent deliberations of Government, it would not be appropriate to offer Departmental Statistics. views about the future of the site. 419. Mr. Callely asked the Minister for the Environment, Heritage and Local Government the statistics available on the amount of moneys Question No. 417 answered with Question paid to local authorities by way of development No. 140. levy and charges for each year from 2000 to 2005; and if he will make a statement on the matter. [22318/06] Register of Electors. Minister for the Environment, Heritage and 418. Mr. Callely asked the Minister for the Local Government (Mr. Roche): The following Environment, Heritage and Local Government table, which is based on information supplied by when the register of electors based on the revised planning authorities, sets out the development Da´il E´ ireann constituencies will be available; and contributions collected by local authorities for the if he will make a statement on the matter. period 2000-2004 and an estimate of development [22317/06] contributions collected in 2005.

County Area 2000 2001 2002 2003 2004 Estimate 2005

\\\\\\ Carlow 866,523 721,492 527,526 4,108,871 5,423,712 4,979,226 Cavan 980,322 985,723 1,250,997 1,726,563 2,443,668 2,905,970 Clare 1,337,849 1,342,238 1,848,373 5,030,619 15,012,318 8,639,087 Cork 10,101,535 9,803,819 13,650,879 18,640,420 23,372,801 38,739,433 Donegal 2,003,808 3,011,577 2,886,599 4,077,770 5,408,421 5,420,650 Du´ n Laoghaire- Rathdown 5,978,273 6,067,832 7,761,776 8,248,405 12,005,514 23,000,000 Fingal 13,612,512 14,764,631 16,338,872 22,828,194 36,418,076 50,780,348 Galway 2,854,367 3,688,593 3,472,987 6,283,355 10,192,308 12,653,760 Kerry 1,659,269 1,902,843 3,540,009 4,142,871 8,414,791 12,105,223 Kildare 6,428,684 6,078,742 9,249,082 9,681,082 21,553,713 20,220,462 Kilkenny 952,403 2,949,594 3,242,523 3,990,300 8,104,213 13,541,275 Laois 1,732,248 1,511,250 2,531,622 4,058,654 4,846,814 12,907,000 Leitrim 643,846 427,771 763,472 1,904,028 2,177,356 4,200,000 Limerick 1,632,093 2,277,417 2,896,451 3,246,640 5,102,569 12,675,000 Longford 670,007 866,501 1,438,301 1,306,556 2,840,998 3,574,312 Louth 4,270,854 5,174,232 8,993,794 11,621,455 13,576,797 28,110,342 Mayo 1,933,749 1,301,687 786,940 1,266,487 4,156,144 19,043,049 Meath 6,028,641 12,861,534 9,506,636 21,223,966 23,739,581 40,130,188 Monaghan 28,760 1,039,145 1,021,967 1,187,936 1,684,053 8,725,905 1035 Questions— 13 June 2006. Written Answers 1036

[Mr. Roche.]

County Area 2000 2001 2002 2003 2004 Estimate 2005

Offaly 1,411,426 983,783 1,194,923 2,440,985 5,077,802 5,197,593 Roscommon 1,173,977 798,832 1,958,157 3,449,130 3,679,966 6,389,417 Sligo 543,721 1,286,519 2,416,388 2,527,829 2,669,171 4,479,110 South Dublin 10,901,971 10,704,857 11,243,420 2,397,997 20,759,303 31,566,815 Tipperary North 643,639 1,092,348 1,014,080 15,249,361 5,227,791 6,913,274 Tipperary South 1,346,764 1,204,065 2,003,725 3,751,818 5,342,596 5,227,000 Waterford 2,018,992 1,659,281 1,596,213 1,663,166 3,519,316 5,044,301 Westmeath 1,942,817 2,067,964 1,819,521 3,793,639 5,274,025 8,338,049 Wexford 4,517,653 5,096,974 6,507,272 8,043,630 11,591,327 32,124,511 Wicklow 3,095,140 5,236,242 7,929,194 8,951,778 11,541,145 33,380,176

Sub Total 91,311,843 106,907,486 129,391,699 186,843,506 281,156,288 461,011,476

City Council Cork City 1,924,379 1,820,076 3,094,378 7,521,882 10,831,391 11,043,400 Dublin City 10,563,548 7,606,758 8,654,092 11,378,014 27,571,393 58,403,217 Galway City 3,523,296 3,815,743 5,142,663 5,795,645 7,358,804 5,400,000 Limerick City 1,255,951 1,214,372 2,493,006 2,521,556 4,592,920 7,687,886 Waterford City 1,801,140 611,577 2,219,625 1,388,454 5,807,685 6,450,605

Sub Total 19,068,315 15,068,526 21,603,764 28,605,551 56,162,193 88,985,108

Total 110,380,157 121,976,012 150,995,463 215,449,057 337,318,481 549,996,584

Question No. 420 answered with Question ing local authority houses. Copies of these circu- No. 61. lars are available from my Department.

Land Acquisition. 423. Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government 421. Mr. Connaughton asked the Minister for the progress to date on the application by a group the Environment, Heritage and Local Govern- (details supplied) in County Louth for capital ment the position of an application for sale of a funding for a women’s refuge in Drogheda to his bog by a person (details supplied) in County Department under the capital assistance scheme Galway; and if he will make a statement on the and the National Lottery fund; and if he will matter. [22327/06] make a statement on the matter. [22368/06]

Minister for the Environment, Heritage and Minister of State at the Department of the Local Government (Mr. Roche): I understand Environment, Heritage and Local Government that an offer to purchase will shortly issue from (Mr. N. Ahern): An application for funding under my Department in this case. the voluntary housing capital assistance scheme has been received from Drogheda Borough Local Authority Housing. Council in respect of this project and clarification 422. Mr. Morgan asked the Minister for the on a number of aspects sought from the Council Environment, Heritage and Local Government if is awaited. When this is to hand the application his Department has at any stage issued a circular will be further considered. Officials from my to local authorities regarding the conditions and Department will, if required, meet with the standards which social housing which the local Council and the voluntary body to discuss ways authority is re-allocating must meet; and if he will in which the project may be progressed. make available any such circular which have been issued in the past ten years. [22334/06] 424. Mr. Deasy asked the Minister for the Environment, Heritage and Local Government Minister of State at the Department of the the number of social and affordable houses that Environment, Heritage and Local Government have been funded by his Department and com- (Mr. N. Ahern): Circulars HRT 8/93 (15 June pleted in Waterford city and Waterford county in 1993) and HRT 2/97 (14 April 1997) advised local each of the past five years. [22369/06] authorities of their obligations under the Housing (Standards for Rented Houses) Regulations 1993 Minister of State at the Department of the which detail standards for rented houses includ- Environment, Heritage and Local Government 1037 Questions— 13 June 2006. Written Answers 1038

(Mr. N. Ahern): Details of the number of social all matters in connection with the conduct of the and affordable houses that have been provided in election, including the selection of a place to be Waterford City and county in each of the past used as a count centre. five years are set out in my Department’s Hous- ing Statistics Bulletins, copies of which are avail- 428. Mr. Morgan asked the Minister for the able in the Oireachtas Library and on the Depart- Environment, Heritage and Local Government ment’s website at www.environ.ie. The majority the outcome of the meeting which he indicated, of these have been funded through either in reply to Parliamentary Question No. 554 of 16 Exchequer capital provision or non-voted expen- May 2006, that he was holding on that date with diture in the form of loans from the Housing Fin- the managers of Limerick City, Limerick County ance Agency. and Clare County Councils regarding possible boundary changes in Limerick; and if changes Fire Stations. which would see the three estates of Moyross which are not currently within the city council 425. Mr. Deasy asked the Minister for the area become part of Limerick city were dis- Environment, Heritage and Local Government if cussed. [22408/06] he will allocate funding for the construction of a new fire station at Kilmacthomas, County Water- 429. Mr. Morgan asked the Minister for the ford. [22370/06] Environment, Heritage and Local Government Minister of State at the Department of the the action he will take to ensure that the bound- Environment, Heritage and Local Government aries of Limerick city are extended in line with (Mr. B. O’Keeffe): My Department has received the desire of the majority of residents of the three no formal plans from Waterford County Council estates of Moyross not currently within Limerick in respect of the provision of a new fire station city to join with the rest of the Moyross local at Kilmacthomas. authority estate and become part of Limerick city in view of the fact that Limerick County Council Local Authority Housing. has indicated in a letter to a representative of this Deputy’s party in Limerick that they have no 426. Mr. Perry asked the Minister for the objection to the transfer going ahead. [22409/06] Environment, Heritage and Local Government the directive he has issued on the draft frame- Minister for the Environment, Heritage and work plan for a project (details supplied) in Local Government (Mr. Roche): I propose to County Sligo; and if he will make a statement on take Questions Nos. 428 and 429 together. the matter. [22398/06] I met with the Limerick City Manager, and the Limerick County and Clare County Managers on Minister of State at the Department of the 16 May 2006 with a view to initiating consider- Environment, Heritage and Local Government ation of the range of options open to the three (Mr. N. Ahern): My Department met with Councils in the context of the application by officials from Sligo Borough Council on 7 June Limerick City Council for an alteration of the 2006 to discuss the draft framework plan for the boundary of the City of Limerick, including the regeneration of this estate. The overall proposals Moyross area, and my response of 5 April 2006 to are now being examined in my Department in the Limerick City Manager. The Managers have relation to their scope and suitability as well as agreed to put in place a suitable exploratory pro- indicative costings and implementation. A cess, with the assistance of my officials, having response from the Department will be conveyed regard to the need to develop the to the Borough Council as soon as possible. Limerick/Shannon Gateway to its full potential. 427. Mr. Kehoe asked the Minister for the Public Service Charges. Environment, Heritage and Local Government when a decision will be made on the location of 430. Mr. O’Shea asked the Minister for the the count for the next general election for the Environment, Heritage and Local Government Carlow-Kilkenny constituency; the person who the amount of commercial rates collected by each makes this decision; and if the count could be local authority in 2005; and if he will make a held in County Carlow at the next general elec- statement on the matter. [22423/06] tion as it has been held in County Kilkenny for the last number of general elections. [22407/06] Minister for the Environment, Heritage and Local Government (Mr. Roche): The amount of Minister for the Environment, Heritage and rates income included by each local authority in Local Government (Mr. Roche): Under electoral its 2005 budget is set out in the following table. law, the returning officer for the Da´il constitu- Details of actual amounts collected will be avail- ency concerned (in the case of Carlow-Kilkenny, able following publication by all local authorities the Kilkenny County Registrar) is responsible for of their 2005 annual financial statements. 1039 Questions— 13 June 2006. Written Answers 1040

[Mr. Roche.]

Local Authority Local Authority Type 2005 Budgeted Rates Income

\

Carlow County Council 3,971,318 Cavan County Council 6,137,500 Clare County Council 26,758,658 Cork County Council 67,964,000 Donegal County Council 16,484,600 Du´ n Laoghaire Rathdown County Council 65,072,500 Fingal County Council 80,106,155 Galway County Council 13,969,550 Kerry County Council 14,181,348 Kildare County Council 26,519,938 Kilkenny County Council 7,989,239 Laois County Council 6,916,657 Leitrim County Council 3,150,070 Limerick County Council 21,498,969 Longford County Council 2,800,400 Louth County Council 5,284,300 Mayo County Council 10,441,604 Meath County Council 14,344,694 Monaghan County Council 4,371,298 North Tipperary County Council 5,374,346 Offaly County Council 4,557,663 Roscommon County Council 6,388,300 Sligo County Council 3,519,742 South Dublin County Council 86,457,410 South Tipperary County Council 5,651,216 Waterford County Council 4,360,700 Westmeath County Council 5,776,433 Wexford County Council 13,207,038 Wicklow County Council 8,917,112 Cork City Council 48,576,900 Dublin City Council 229,456,190 Galway City Council 21,786,738 Limerick City Council 24,270,497 Waterford City Council 15,916,744 Clonmel Borough Council 3,976,091 Drogheda Borough Council 5,284,300 Kilkenny Borough Council 3,960,500 Sligo Borough Council 5,367,982 Wexford Borough Council 2,695,129 Arklow Town Council 1,619,470 Athlone Town Council 2,549,912 Athy Town Council 1,580,225 Ballina Town Council 2,399,925 Ballinasloe Town Council 1,095,270 Birr Town Council 937,847 Bray Town Council 4,497,319 Buncrana Town Council 1,127,662 Bundoran Town Council 722,114 Carlow Town Council 4,310,612 Carrickmacross Town Council 1,121,828 1041 Questions— 13 June 2006. Written Answers 1042

Local Authority Local Authority Type 2005 Budgeted Rates Income

\ Carrick-On-Suir Town Council 653,482 Cashel Town Council 449,274 Castlebar Town Council 2,265,061 Castleblaney Town Council 606,653 Cavan Town Council 1,389,083 Clonakilty Town Council 950,946 Clones Town Council 402,779 Cobh Town Council 661,653 Dundalk Town Council 10,154,542 Dungarvan Town Council 2,219,000 Ennis Town Council 3,485,480 Enniscorthy Town Council 1,147,091 Fermoy Town Council 836,573 Kells Town Council 511,462 Killarney Town Council 5,742,481 Kilrush Town Council 538,303 Kinsale Town Council 852,562 Letterkenny Town Council 3,679,722 Listowel Town Council 1,301,278 Longford Town Council 1,878,948 Macroom Town Council 577,801 Mallow Town Council 1,811,153 Midleton Town Council 1,236,707 Monaghan Town Council 2,553,590 Naas Town Council 4,637,162 Navan Town Council 1,790,717 Nenagh Town Council 2,622,723 New Ross Town Council 999,188 Skibbereen Town Council 787,002 Templemore Town Council 358,000 Thurles Town Council 1,907,500 Tipperary Town Council 1,071,268 Tralee Town Council 6,680,174 Trim Town Council 545,968 Tullamore Town Council 3,057,217 Westport Town Council 2,223,393 Wicklow Town Council 1,012,184 Youghal Town Council 1,135,815

431. Mr. O’Shea asked the Minister for the management services. In accordance with section Environment, Heritage and Local Government 52 of the Protection of the Environment Act the proposals he has to ensure a more equitable 2003, the determination of waste management waiver system in regard to refuse charges; and if charges (and the provision of waivers) is a matter he will make a statement on the matter. for the relevant local authority, where it acts as [22424/06] the service provider. Similarly, where a private operator provides the collection service, it is a Minister for the Environment, Heritage and matter for that operator to determine charges. I Local Government (Mr. Roche): Waste collection have no statutory function in the determination is properly a local service with individual arrange- of waste charges and waivers. However, I have ments being locally determined and tailored to been giving consideration to the overall regu- local circumstances. It has never been a matter in lation of the waste management sector including which central Government has intervened. The whether, and to what extent, there might be a present legal framework, as determined by the need to identify public service obligations appro- Oireachtas, reflects this local nature of waste 1043 Questions— 13 June 2006. Written Answers 1044

[Mr. Roche.] However, in replying to a survey by my Depart- priate to service providers. I will bring proposals ment as to their policy on attaching planning con- to Government in this regard shortly. ditions regarding management companies to resi- dential estates, Fingal County Council stated that Planning Issues. they were not aware of any instance where they had conditioned a management company in a 432. Ms Burton asked the Minister for the housing-only context. They stated that in the case Environment, Heritage and Local Government of mixed developments, involving apartments and the position on the establishment of management housing, there are instances where management companies in respect of new housing devel- companies have been required, but that in such opments which consist of traditional houses, in cases the range of services to be provided by the ´ ´ view of his statements to Dail Eireann that tradit- management company is confined to those not ional housing developments would not be the taken in charge in normal housing, such as highly subject of management company type arrange- landscaped open space areas and incidental land- ments; if his attention has been drawn to the fact scaping to a high standard of specification. In that currently new housing estates of traditional such cases, the usual local authority services such houses are being advertised in the Dublin 15 area as public lighting, water services, bin collection, subject to a management company being set up road sweeping, etc are not required to be pro- and purchasers of the houses being liable to pay vided by the such companies. an annual service charge; the regulations which he has put in place in respect of the development Question No. 433 answered with Question of such management companies; and if he will No. 112. make a statement on the matter. [22452/06] Recreational Development. Minister for the Environment, Heritage and Local Government (Mr. Roche): I have made it 434. Mr. O’Dowd asked the Minister for the clear that it is not appropriate for planning auth- Environment, Heritage and Local Government orities to attach planning conditions requiring the funding applied for by Drogheda Borough management companies to maintain the roads, Council, Dundalk UDC, Ardee Town Commis- services, etc., in the case of traditional housing sioners and Louth County Council to his Depart- estates, by which I mean estates of houses with ment for playgrounds for each of the past three their own front and back gardens. It is, of course, years; and if he will make a statement on the open to developers to require that purchasers of matter. [22683/06] residential units become members of a manage- ment company irrespective of whether there are Minister for the Environment, Heritage and planning conditions requiring such companies Local Government (Mr. Roche): Prior to the and it is a matter for buyers to exercise their Local Authority Playground Grants Scheme discretion as to whether to purchase in such a 2004, my Department did not operate a specific scheme. scheme of grants for playground projects. The As I have stated previously, the related issues 2004 Scheme provided up to 50% funding for the of planning conditions regarding management development of new, or renovation of existing, companies and taking in charge can be complex, playgrounds throughout the country. While the particularly in the newer mixed estates which scheme was administered by the National Chil- dren’s Office, the grants were paid out of my contain apartments, duplex houses and terraced \ houses, with shared facilities such as car-parking Department’s Vote. Over 2 million was allo- and gardens. Genuine questions arise as to cated to County and City Councils in respect of 32 new or refurbished playground projects. whether it is appropriate that all facilities on \72,000 was allocated to Louth County Council these estates, which may include high specifi- under that scheme for a playground at Dundalk. cation paving, lighting and landscaping, should be In 2005 my Department provided funding of over taken in charge and maintained at public \2 million to local authorities for the develop- expense. Many of these facilities are replacing the ment of playground facilities. A fixed grant of traditional gardens which, in a conventional hous- \60,000 was allocated to each County and City ing estate, would fall to be maintained by the resi- Council, including Louth County Council, to dents rather than the local authority. meet the cost of purchase and delivery of play- My Department is at present updating the resi- ground equipment. No applications for funding dential density guidelines following on the publi- were received from Drogheda Borough Council cation of the Housing Policy Framework: Build- or Dundalk or Ardee Town Councils. ing Sustainable Communities, last December. It will be appropriate to examine further the issues Water and Sewerage Schemes. of taking in charge and management companies in this context. My attention has not been drawn 435. Mr. O’Dowd asked the Minister for the to the developments referred to in the Question. Environment, Heritage and Local Government 1045 Questions— 13 June 2006. Written Answers 1046 the water and sewerage schemes funded in 2006 Investment Programme 2005-2007 which is avail- by his Department in County Louth. [22684/06] able in the Oireachtas Library. My Department recoups expenditure by local authorities on indi- Minister for the Environment, Heritage and vidual schemes in the Programme on foot of certi- Local Government (Mr. Roche): Details of the fied claims submitted by authorities. Details of major water and sewerage schemes in County the claims recouped to Louth County Council Louth that have been approved for funding by and Drogheda Town Council to date in 2006 are my Department are set out in the Water Services set out in the following table.

Scheme Amount Recouped to

\

Drogheda & Dundalk PPP Contract for Operation and Maintenance 254,001.15 Louth County Council Drogheda Wastewater Treatment Plant Extension 2,027,009.93 Louth County Council Tullyallen Sewerage Scheme 197,141.67 Louth County Council Dundalk Sewerage Scheme 324,298.73 Dundalk Town Council

I have also allocated a block grant of \914,000 to Galway City Council, in accordance with the Louth County Council for 2006 under the Housing Action Plan 2004, as a realistic assess- devolved Rural Water Programme. ment of existing and projected housing needs in Galway city; and the progress which has been 436. Mr. J. Breen asked the Minister for the made on submission to date. [22801/06] Environment, Heritage and Local Government the position on Cooralcare Labasheeda, Carriga- Minister of State at the Department of the holt sewerage schemes; the prospective timescale Environment, Heritage and Local Government for the start of the aforementioned; and if he will (Mr. N. Ahern): In 2004 I sought the preparation make a statement on the matter. [22725/06] by local authorities of social and affordable hous- ing action plans for the period 2004-2008. The Minister for the Environment, Heritage and Action Plans, now at their midway stage are cur- Local Government (Mr. Roche): The Carrigah- rently being reviewed. The review is focusing on olt, Labasheeda and Cooraclare Sewerage how targets have been met in the first two years Scheme is included in my Department’s Water of the plan and on incorporating any adjustments Services Investment Programme 2005-2007 as a required for the remaining years of the plan, in scheme to commence construction in 2007. Clare light of performance including expected 2006 out- County Council is currently reviewing the scheme puts, and the results of the recent Housing with a view to improving the cost effectiveness of Needs Assessment. the proposals. The Council’s revised proposals To facilitate the review my Department has will be given the earliest possible consideration held bilateral meetings with all local authorities when received in my Department. to discuss progress, changing needs and targets for the remainder of the Plan. Following the Local Authority Housing. meetings local authorities are required to submit 437. Mr. M. Higgins asked the Minister for the review statements. These will comprise a com- Environment, Heritage and Local Government mentary on overall performance; noting any sig- the proposals his Department has received from nificant deviations from the original planned tar- Galway City Council in the past three years; the gets and the reasons for such deviations; number in the Department; the number sanc- indicating if the overall targets are still valid in tioned; the number awaiting sanction with their light of the recent Housing Needs Assessment or projected dates for sanction; and the number of for other reasons; explaining any proposed social housing units likely to be provided in 2006, changes to the targets for the remaining period of and in 2007. [22800/06] the plan; reviewing the plan in light of devel- opments in areas such as Rental Accommodation Minister of State at the Department of the Scheme (RAS), preparation of Traveller Accom- Environment, Heritage and Local Government modation Programmes etc. The reviews will also (Mr. N. Ahern): The information requested is take account of the requirement for authorities to being compiled and will be forwarded to the have in place Active Land Management stra- Deputy as soon as possible. tegies. In this regard authorities will be required to confirm that adequate attention is paid to the 438. Mr. M. Higgins asked the Minister for the land requirements necessary to underpin the Environment, Heritage and Local Government expected scale of social and affordable housing his views on the figures submitted to him by delivery. The outcome of the reviews will ensure 1047 Questions— 13 June 2006. Written Answers 1048

[Mr. N. Ahern.] when he will allocate sufficient funds for a com- that local authorities continue to have a frame- prehensive local authority housing building prog- work for the integrated and cohesive planning ramme in County Kildare; and if he will make a and delivery over the coming years of specific statement on the matter. [22813/06] social and affordable housing measures based on their relevant housing strategy. Minister of State at the Department of the In relation to Galway City Council, officials Environment, Heritage and Local Government from my Department met with the local authority (Mr. N. Ahern): I recently informed local auth- earlier this month to discuss their Action Plan. I orities of their financial capital allocations for expect that the Review Statement to be submit- their local authority housing programmes and ted following this meeting will present a realistic have urged them to accelerate progress on the assessment of existing and projected needs in implementation of their housing programmes in Galway and outline how the Council proposes to order to commence construction and secure com- address these needs. Figures in relation to pro- pletion of as many social housing schemes as pos- gress to date are available in the Annual Housing sible in 2006. An allocation of \43.2 million has Statistics Bulletin published by my Department. been notified to the Kildare authorities of which \42 million is in respect to the main housing con- Architectural Heritage. struction programme; this will provide for an esti- mated 300 house completions and the commence- 439. Mr. Durkan asked the Minister for the ment of over 250 housing starts in 2006. Environment, Heritage and Local Government the extent of further planned restoration works at 442. Mr. Durkan asked the Minister for the the Geraldine Castle, Maynooth, County Kildare; Environment, Heritage and Local Government and if he will make a statement on the matter. when he will allocate sufficient funds to increase [22809/06] maximum loan available through the shared ownership scheme to a realistic level and thereby Minister for the Environment, Heritage and ensure that applicants are not forced to seek sup- Local Government (Mr. Roche): Restoration \ plementary loans from other sources, thereby works representing an investment of some 2 mil- undermining their ability to repay the combined lion has already been carried out at Maynooth amount; and if he will make a statement on the Castle which has facilitated the provision of visi- matter. [22814/06] tor access and a guide service. No further resto- ration works are planned. Minister of State at the Department of the Environment, Heritage and Local Government Water and Sewerage Schemes. (Mr. N. Ahern): I refer to the reply to Questions 440. Mr. Durkan asked the Minister for the Nos. 238 and 239 of 4 May 2006. The loan limit Environment, Heritage and Local Government for the Shared Ownership Scheme was reviewed when he expects the augmentation of the sewer- and increased with effect from 1 January 2006. age treatment system serving Naas, Sallins, Pros- The maximum loan that may now be advanced perous and Newbridge to be completed; the by a local authority in respect of the share of a extent to which the procedure has advanced to dwelling being purchased (minimum 40%) is \ date; and if he will make a statement on the 185,000. While the cost of a dwelling may sub- matter. [22812/06] stantially exceed this amount, the borrower’s income must be sufficient to meet the financial Minister for the Environment, Heritage and commitments involved under the scheme. In Local Government (Mr. Roche): Kildare County determining the level of approved finance or the Council’s revised Preliminary Report and Water maximum house price, local authorities are duty Services Pricing Policy Report for the Upper Lif- bound to consider the ability of applicants to fey Valley Sewerage Scheme, which will serve make the necessary mortgage and rent payments. these towns, are under examination in my I have no proposals to increase loan limits further Department and I expect a decision to issue to but will continue to keep them under review. the Council shortly. The scheme is included in my Department’s Water Services Investment Prog- 443. Mr. Durkan asked the Minister for the ramme 2005-2007 to commence construction next Environment, Heritage and Local Government if year. Following approval of the Preliminary his attention has been drawn to the fact some Report the Council will be in a position to pre- applicants for local authority houses have been pare Contract Documents. on waiting lists for more than seven years; and if he will make a statement on the matter. Local Authority Housing. [22815/06] 441. Mr. Durkan asked the Minister for the Minister of State at the Department of the Environment, Heritage and Local Government Environment, Heritage and Local Government 1049 Questions— 13 June 2006. Written Answers 1050

(Mr. N. Ahern): The relative priority of house- are derived mainly from regular assessments of holds on the local authority waiting lists is deter- needs undertaken by local authorities, at my mined in accordance with the authorities’ Department’s request, as an input to the overall schemes of letting priorities, the making of which strategy for meeting necessary water supply and is a function reserved to the elected members. It treatment requirements. Earlier this year, I is the case that some applicants for local authority announced a record allocation of \133 million for housing are on waiting lists for longer periods on the 2006 Rural Water Programme. The main the basis that their housing need has a relative focus of this allocation is on upgrading group lower priority compared with the needs of house- water schemes using sub-standard private holds who have been allocated housing. sources. These schemes serve approximately 4% In December 2005, the Government launched of households nationally and planned upgrades a new Housing Policy Framework: Building Sus- are being advanced as a matter of urgency. tainable Communities which outlines key prin- \ ciples underpinning housing policy and invest- Some 3.7 billion will be spent under the ment over the coming years. Substantial National Development Plan 2000-2006 on the increased investment in social and affordable provision of water services infrastructure. Sub- housing is outlined in the framework. This will stantial increases in water treatment and storage allow for some 23,000 new social homes to be capacity, both for domestic and industrial use, are commenced between 2006 and 2008; and some being achieved as a result of this investment. 15,000 affordable homes to be delivered. In total, Schemes completed in the period 1997 to 2005 some 50,000 households will benefit over the have produced additional drinking water treat- coming three years from an Exchequer capital ment capacity equivalent to the needs of a popu- investment package of close to \4 billion. Allied lation of over one million. The increase in storage to this, a package of reforms is proposed to capacity over the same period was sufficient to improve equity, efficiency and effectiveness. The meet the requirements of a population of over focus is on improving community participation, 1.5 million. Successive Environmental Protection improving services to ensure personal choice, Agency reports on drinking water verify the fun- autonomy and responsibility. damentally good quality of public drinking water supplies in Ireland. The most recent report, for Water Quality. 2004, has confirmed an overall compliance rate 444. Mr. Durkan asked the Minister for the for all supplies of 96.4%. The report includes Environment, Heritage and Local Government if details of the results for all schemes monitored he has satisfied himself regarding the adequacy and is also available in the Oireachtas Library. and quality of the available domestic water sup- Overall, the resources being put in place under ply; the extent to which adequate storage capacity the Water Services Investment Programme and exists or is intended; and if he will make a state- the Rural Water Programme should ensure that ment on the matter. [22816/06] the coverage and quality of the national water supply infrastructure is adequate to meet current 446. Mr. Durkan asked the Minister for the and anticipated demands. Environment, Heritage and Local Government the number of water schemes throughout the country deemed to be polluted; the action taken Local Authority Housing. or pending; and if he will make a statement on 445. Mr. Durkan asked the Minister for the the matter. [22818/06] Environment, Heritage and Local Government if he has sought or received information from the Minister for the Environment, Heritage and various local authorities in regard to the number Local Government (Mr. Roche): I propose to of unfinished housing estates throughout the take Questions Nos. 444 and 446 together. country; his plans to resolve the issue, either Management of public drinking water supplies directly or through the local authorities; and if he is the responsibility of the local authorities which will make a statement on the matter. [22817/06] have a range of instruments and measures avail- able to them to produce and conserve sufficient stocks to meet anticipated needs and to ensure Minister for the Environment, Heritage and quality standards. In addition, my Department Local Government (Mr. Roche): In circular letter coordinates and finances a major programme of PD 1/06, issued on 25 January 2006, my Depart- investment in improved infrastructure, active ment requested certain information from plan- leakage control, telemetry and rehabilitation of ning authorities regarding estates to be taken in water mains. Details of such projects are set out charge. A summary of this information, based on in the Water Services Investment Programme replies received from planning authorities, is set 2005-2007 which is available in the Oireachtas out in the following table: Library. The schemes included in the Programme 1051 Questions— 13 June 2006. Written Answers 1052

[Mr. Roche.]

C.L PD 1/06: Summary of responses

1 Housing estates to be taken in charge in 2006 587 2 Number of houses involved in estates in Answer 1 27,449 3 Number of housing estates for which the life of the relevant planning permission expired more than 2 years ago which have not yet been taken in charge 2,181 4 Number of estates referred to in Answer 3 in which the relevant permission expired more than 7 years ago 883 5 Number of estates referred to in Answer 3 which are finished (i.e. completed to the required standard under the planning permission) 771 6 Number of houses involved in the finished estates referred to in Answer 5 33,098 7 Number of estates referred to in Answer 3 which are unfinished (i.e. not completed to the required standard within the appropriate period or since) 1,155 8 Number of houses involved in in the unfinished estates referred to Answer 7 32,592

Note: The status of some estates, i.e. finished or unfinished/not taken in charge for the longest unfinished, was not known by planning auth- period. orities, hence the total of the number of finished Finally the Strategic Infrastructure Bill, which and unfinished estates in Answers 5. and 7 (1,988) is currently before Da´il Eireann, proposes to does not equal, as it should, the number of estates amend section 35 of the Planning Act to enable in Answer 2. Circular letter PD 1/06 also stated the planning authority to refuse permission to a that it is necessary for all planning authorities to developer who has been in substantial non-com- establish, as a priority, a policy on taking in pliance with a previous planning permission. The charge which should be approved by the applicant will have to apply to the High Court if members of the authority, and reported on to he or she wishes to have the decision overturned. those members on a regular basis and at least This will be a reversal of the current position as once annually. It was further stated that the set out in section 35, whereby a planning auth- policy should as a minimum provide that: devel- ority wishing to refuse permission in such a case opers should be required, through the develop- must obtain the authorisation of the High Court. ment management process/permission, to com- Question No. 446 answered with Question plete estates to a standard that is acceptable to No. 444. the authority for taking in charge, whether in its entirety or, for larger developments, in stages; Local Authority Funding. certain specified standards to be met. Those stan- dards should be set out, where possible, in consul- 447. Mr. Durkan asked the Minister for the tation with local representatives of the construc- Environment, Heritage and Local Government tion industry; an acceptable level of security to be the funding made available by his Department for provided by the developer towards the com- sewerage schemes categories under the heading pletion of the estate. This security will not be of small schemes; if his attention has been drawn released until the estate is completed to the speci- to the need for a substantial increase in such fied standards; the procedures to begin taking in funding with particular reference to minimising charge housing estates will begin promptly on pollution; and if he will make a statement on the foot of a request by the owners of the houses in matter. [22819/06] the estate or by the developer, as appropriate. Minister for the Environment, Heritage and Where an estate is not completed within the Local Government (Mr. Roche): I have allocated appropriate period, enforcement action will be \19.825m to county councils for 2006 in respect pursued against the developer vigorously and of the Small Public Water and Sewerage Schemes promptly to ensure that the developer completes measure of the Rural Water Programme. the estate. All available legal remedies will be Responsibility for the operation of the measure, used to enable that to be done. The bond including the prioritisation, selection and imple- obtained from the developer will be applied to mentation of individual schemes, has been carry out any outstanding work where needed to devolved to county councils since 1997. Based on ensure the estate is completed within a reason- a recommendation by the National Rural Water able period; sufficient funding will be made avail- Monitoring Committee, investment under the able from local authority resources to address Rural Water Programme in recent years has con- ‘problem’ or longstanding cases on a phased centrated on improving drinking water quality in basis. Timeframes for taking in charge such cases rural water supplies and in privately sourced will be communicated to local residents and group water schemes, in particular. Completion adhered to. Particular priority will be placed on of the rural water upgrading proposals set out in resolving those estates that have been left the Committee’s Action Plan will facilitate a 1053 Questions— 13 June 2006. Written Answers 1054 review of the funding arrangements for other throughout the country in each of the past five measures in the Rural Water Programme, includ- years; the number of applicants on local authority ing a greater emphasis on small public water and housing waiting lists; if a projection has been sewerage schemes. carried out to reduce the waiting lists appreciably; and if he will make a statement on the matter. 448. Mr. Durkan asked the Minister for the [22825/06] Environment, Heritage and Local Government if his attention has been drawn to the inadequacy of Minister of State at the Department of the the funding available for group sewerage schemes Environment, Heritage and Local Government throughout the Country; his plans to address this (Mr. N. Ahern): I propose to take Questions Nos. issue; and if he will make a statement on the 450 and 453 together. matter. [22820/06] The most recent assessment of need for social housing was undertaken by local authorities in 449. Mr. Durkan asked the Minister for the March 2005 indicated that there were 43,684 Environment, Heritage and Local Government households on local authority waiting lists com- his proposals to increase the funding available to pared with 48,413 in March 2002 — a decrease of the various local authorities for group sewerage almost 10%. Information on the number of local schemes; and if he will make a statement on the authority housing units constructed each year for matter. [22821/06] the past five years up to the end of September 2005 is published in my Department’s Annual Minister for the Environment, Heritage and Bulletins of Housing Statistics and is also avail- Local Government (Mr. Roche): I propose to able on my Department’s website at www.envi- take Questions Nos. 448 and 449 together. ron.ie. Information for the full year 2005 will be In June 2005 I approved funding for the pro- published shortly in my Department’s Annual vision of new waste water facilities at seven Bulletin of Housing Statistics and on the Depart- locations in County Tipperary as a pilot prog- ment’s website. In December 2005, the Govern- ramme to test a range of new, small-scale waste ment launched a new Housing Policy Framework: water collection and treatment systems under Building Sustainable Communities which outlines Irish conditions. The pilot programme, proposed key principles underpinning housing policy and by the National Rural Water Monitoring Com- investment over the coming years. Substantial mittee, will also test a low cost, low maintenance increased investment in social and affordable system to collect, treat and dispose of effluent housing is outlined in the framework. This will from existing septic tanks. The objective of the allow for some 23,000 new social homes to be pilot scheme is to evaluate new approaches to commenced between 2006 and 2008; and some meeting the waste water collection and treatment 15,000 affordable homes to be delivered. In total, needs of rural villages and to examine the poten- tial role for group sewerage schemes in extending some 50,000 households will benefit over the coming three years from an Exchequer capital the collection systems to households outside the \ catchment of new or existing sewerage schemes. investment package of close to 4 billion. Allied Implementation of the pilot programme is cur- to this, a package of reforms is proposed to rently underway. Three of the schemes are improve equity, efficiency and effectiveness. The expected to be completed by September and the focus is on improving community participation, remainder by the end of the year. Performance improving services to ensure personal choice, monitoring of each scheme will commence autonomy and responsibility. The overall impact immediately after commissioning and I will be of these measures will impact positively on wait- asking the National Rural Water Monitoring to ing lists for social and affordable housing. I report on results as they become available. Over- recently informed local authorities of their finan- all assessment of the pilot programme will inform cial allocations for their local authority housing any review of the current group sewerage programmes and have urged them to accelerate scheme grants. progress on the implementation of their housing programmes in order to commence construction Local Authority Housing. and secure completion on as many social housing schemes as possible in 2006. The total allocation 450. Mr. Durkan asked the Minister for the for 2006 is \942 million. This should allow for the Environment, Heritage and Local Government if completion of over 5,000 housing units in 2006. he will initiate an accelerated local authority house building programme; and if he will make a Fire Service. statement on the matter. [22822/06] 451. Mr. Durkan asked the Minister for the 453. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the extent to which expenditure on the fire the number of local authority houses built by the services is in keeping with modern requirements various local authorities and excluding construc- and international standards; if the latest tech- tion by the voluntary or charitable sectors nology is available throughout the service; and if 1055 Questions— 13 June 2006. Written Answers 1056

[Mr. Durkan.] the Environment, Heritage and Local Govern- he will make a statement on the matter. ment the functions which have, since the last [22823/06] general election, been delegated to Ministers of State at his Department by the Government 452. Mr. Durkan asked the Minister for the under powers conferred on it by section 2 (1) of Environment, Heritage and Local Government if, the Ministers and Secretaries (Amendment) arising from recent reports, he has in mind pro- (No.2) Act 1977; and the statutory instrument posals to enhance, augment or upgrade the full- number of each such order. [22843/06] time or part-time fire services with particular ref- erence to the need for modern equipment for use Minister for the Environment, Heritage and in emergencies or in the event of a terrorist Local Government (Mr. Roche): Since the last attack; and if he will make a statement on the general election no order has been made in matter. [22824/06] respect of my Department to formally delegate functions to Ministers of State. I refer to the reply Minister for the Environment, Heritage and to Question No. 230 of 18 May 2006 which sets Local Government (Mr. Roche): I propose to out the present position in relation to the del- take Questions Nos. 451 and 452 together. egation of functions in my Department. The provision of a fire service, including equip- ment, training and the employment of both full- Heritage Centres. time and retained fire-fighting personnel, is a statutory function of the individual fire auth- 456. Mr. Boyle asked the Minister for the orities and my Department has no direct role in Environment, Heritage and Local Government this matter. My Department supports the local the progress in the development of a Pearse Heri- fire authorities through the setting of general tage Centre at Rosmuc, County Galway; and the policy, the provision of capital funding, the issue role other Departments are playing with this pro- of guidance to fire authorities in relation to fire ject. [22850/06] prevention and operational matters and other such initiatives. Over the past 25 years, almost Minister for the Environment, Heritage and \240 million has been provided by my Depart- Local Government (Mr. Roche): My Department ment to local fire authorities under the fire is involved in ongoing discussions with both the services capital programme for the provision of Department of Community, Rural and Gaeltacht new and refurbished fire stations and the pur- Affairs and the Office of Public Works on the chase of fire appliances and other equipment. At possible development of a visitor centre at this stage, over two-thirds of our fire stations, Pearse’s Cottage in Rosmuc. Important issues including almost all of the busiest stations, have have arisen around development costs as well as been replaced, we have a modern fleet of front- the future running of such a centre. Further dis- line fire appliances, and we have a modern emer- cussions are planned in the near future. gency response communications system. The fire services capital allocation for 2006 is almost \20 Community Development. million. The Fire Services Council assists fire 457. Mr. O’Shea asked the Minister for the authorities through the provision of training Environment, Heritage and Local Government courses and seminars to supplement the training when decisions will be reached on recent funding provided by the authorities themselves. Since applications (details supplied) to the local 2001, my Department has provided over \2.3 mil- government policy section of his Department lion to the Fire Services Council for this purpose. under the social and community facilities scheme Also, since 2001, my Department has provided 2006; and if he will make a statement on the almost \4.2 billion in general purpose grants to matter. [22851/06] assist the local authorities in carrying out their statutory functions, including the provision of Minister for the Environment, Heritage and fire services. Local Government (Mr. Roche): All eligible pro- jects submitted under the Social and Community Question No. 453 answered with Question Facilities Capital Scheme will be appraised No. 450. against the assessment criteria which are set out in guidelines issued to local authorities. When Question No. 454 answered Question No. 74. this appraisal process is complete a number of projects will be selected for grant aid. It is envis- Ministerial Responsibilities. aged that allocations will be made to successful 455. Mr. P. McGrath asked the Minister for projects by the middle of this year.