Da´Il E´Ireann

Vol. 647 Tuesday, No. 3 19 February 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 19 February 2008.

Ceisteanna—Questions Taoiseach ………………………………… 495 Minister for Defence Priority Questions …………………………… 506 Other Questions …………………………… 513 Adjournment Debate Matters …………………………… 522 Leaders’ Questions ……………………………… 523 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 528 Order of Business ……………………………… 529 Council Framework Decision: Motion ……………………… 535 Referral to Joint Committee: Motion ………………………… 535 Finance Bill 2008: Financial Resolutions ……………………… 535 Passports Bill 2007: Order for Report Stage …………………………… 536 Report and Final Stages …………………………… 536 Private Members’ Business Agency Workers: Motion …………………………… 560 Adjournment Debate Health Services ……………………………… 586 Ferry Services ……………………………… 588 Water and Sewerage Scheme ………………………… 590 Questions: Written Answers …………………………… 595 DA´ IL E´ IREANN

————

De´ Ma´irt, 19 Feabhra 2008. Tuesday, 19 February 2008.

————

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

————

Paidir. Prayer.

————

Ceisteanna — Questions.

————

Commissions of Investigation. 1. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach if officials from his Department have met the family of Seamus Ludlow as outlined in his reply to Parliamentary Question No.139 on 31 October 2007; if he will meet the family; and if he will make a statement on the matter. [31949/07]

2. Deputy Eamon Gilmore asked the Taoiseach the action he has taken as a result of the report of the MacEntee commission; and if he will make a statement on the matter. [34026/07]

3. Deputy Eamon Gilmore asked the Taoiseach when he last met representatives of the Justice for the Forgotten organisation; if he has plans for further meetings; and if he will make a statement on the matter. [34027/07]

4. Deputy Enda Kenny asked the Taoiseach if representatives of his Department have met the family of Mr. Seamus Ludlow; and if he will make a statement on the matter. [34142/07]

5. Deputy Enda Kenny asked the Taoiseach if he will report on the work of the MacEntee commission; and if he will make a statement on the matter. [3560/08]

6. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on his meeting of 22 January 2008 with members of the family of Mr. Seamus Ludlow. [1907/08]

7. Deputy Enda Kenny asked the Taoiseach if he will report on his meeting of 22 January 2008 with the family of the late Mr. Seamus Ludlow. [1991/08]

The Taoiseach: I propose to take Questions Nos. 1 to 7, inclusive, together. I reported to the House on 10 October on actions taken arising from the final report by the Commission of Investigation into the Dublin and Monaghan Bombings 1974 and, as promised, a debate on the report was held in the House. I last had a formal meeting with the full Justice for the Forgotten group on 25 November 2004. I met representatives of the group a number of times since then at other meetings involv- 495 Ceisteanna — 19 February 2008. Questions

[The Taoiseach.] ing victims. I met members of the group again on Monday, 10 December, when I unveiled a memorial to the victims of the Miami Showband massacre. My officials are in regular ongoing contact with the group and last met formally with their representatives on 30 October. I have not received any recent request for a meeting. I met with the family of Seamus Ludlow on Tuesday, 22 January. At that meeting I welcomed and acknowledged the work on this case of Mr. Justice Barron and the Oireachtas Joint Com- mittee on Justice, Equality, Defence and Women’s Rights. I added my voice to the apologies already offered to the family by the Garda Commissioner and the former Minister for Justice, Equality and Law Reform in respect of the Garda investigation. The family is being kept informed of the current active Garda investigation.

Deputy Caoimhghı´nO´ Caola´in: Does the Taoiseach agree that the report of Mr. Justice Barron on the murder of Seamus Ludlow is an indictment in particular of senior Garda management who prevented a full investigation being pursued in 1979 even though they were aware of the identity of the four people directly involved in the murder of Seamus Ludlow and that two of those were serving members of the British army’s Ulster Defence Regiment? The report concludes that the decision not to pursue the investigation was taken by Deputy Commissioner Laurence Wren. Would the Taoiseach believe, as this Deputy believes, that this was not taken wholly and solely by then Deputy Commissioner Wren, but in consultation with senior officials in the Department of Justice? In the light of this damning conclusion does the Taoiseach agree that this case in particular highlights the huge responsibility of the State not only to come clean regarding what has happened but also to make amends for what was done and what failed to be done in the name of this State? Will the Government agree to the request conveyed to the Taoiseach at his recent meeting with representatives of the Ludlow family for a full independent public inquiry? When will the decision be taken to agree to concede to their request that has been repeatedly made? Have all the Barron reports and those of the Oireachtas sub-committee been presented to the British prime Minister, Gordon Brown, or his predecessor? If they were presented in the first instance to the former Prime Minister, Tony Blair, has the Taoiseach considered presenting the current occupant of 10 Downing Street with the full complement of these reports including the Oireachtas sub-committee’s reports following the reports of Mr. Justice Barron, Mr. Justice Hamilton and Mr. Patrick MacEntee? Have parliamentarians at Westminster, altogether apart from the British Prime Minister, been lobbied for support for the repeated call of this House for a full independent judicial inquiry into all the matters we have recently addressed in this House under the banner of collusion?

The Taoiseach: Subject to checking I think that all of the reports of the late Mr. Justice Hamilton and Mr. Justice Barron have been provided. I will check whether they have been given to the present incumbent, the Prime Minister, Mr. Brown. If not, I will have a look at doing that. In the follow up on the third Barron report, which deals with the murder of Seamus Ludlow, there are a number of recommendations made in the report on the murder of Seamus. Specific recommendations from the Ludlow report have already been acted upon. They include that all mechanisms be fully utilised by the Garda to liaise with the PSNI in respect of the investigation into the murder of Seamus Ludlow; and that the Garda Commissioner appoint a dedicated team of gardaı´ to re-examine the case in a proactive manner to see if there is any possibility of bringing any or all of the four suspects to justice. I have been advised by the Garda authorities that, as recommended by the Oireachtas joint committee, which was the key recom- 496 Ceisteanna — 19 February 2008. Questions mendation, the reinvestigation of the murder of Seamus Ludlow would commence. That is now at an advanced stage and remains ongoing under the direction of a Garda superintendent. Liaison has been established and maintained with the historical inquiries team in Northern Ireland and the family of the deceased have been kept fully informed of the status of the investigation. At a recent meeting with the family on 22 January, family members made it clear that in their view only a public inquiry would establish the truth about what happened. Their legal representatives suggested they could frame a process that was narrowly focused with tight procedural deadlines and asked for an opportunity to discuss the inquiry process with officials from the Office of the Attorney General. These discussions are taking place — some have already taken place. I understand from the Attorney General and his officials that, following the first round of those discussions, they are not convinced that one can get a tightly-focused process, as opposed to a prolonged inquiry. They are examining the matter, however. On the general issue, I have always said that the victims must be central to all that we are dealing with concerning the terrible events of the past. I frequently meet officials who are in ongoing contact with the various groups representing victims of atrocities on all sides. We have provided financial support for a number of those groups. In addition, the Government and the British authorities have set up a number of inquires to deal with specific cases. The British Government has established a well resourced historical inquiries team that will provide a thor- ough examination or re-examination of unsolved deaths during the Troubles. The Police Ombudsman is reviewing cases involving the police, which can bring closure to victims and survivors and hopefully can build confidence within the community. Of course, the Remem- brance Commission is still in place and we have made available resources for that.

Deputy CaoimhghıńO´ Caolaín: While I acknowledge the Taoiseach’s indication that, if it has not already been done, he will look at compiling all the reports I have cited, including those of the Oireachtas sub-committee, with a view to presenting them to Prime Minister Brown, will he indicate whether we have employed any other level of activity in lobbying parliamentarians at Westminster to give support to the request of the Oireachtas for full British co-operation in an investigation into all cases of collusion? While the Taoiseach is on the record in this regard, will he acknowledge once again his personal concern at the fact that in 1974 we had a very short-lived investigation by the Garda Sıóchańa into the Dublin-Monaghan bombings of 17 May of that year? In addition, the Garda investigation into the murder of Seamus Ludlow was cut short at the direction of the then deputy Garda Commissioner, Laurence Wren. Is it not within our own gift to have the full truth shone upon these particular actions? Surely, it is within the gift of the Taoiseach and the Government to initiate a proper investigation and inquiry into why the gardaı´ acted as they did and why, despite the fact that they knew the people who were responsible for the murder of Seamus Ludlow, they did not pursue the matter at the time but, indeed, perpetuated the absolute non-truth that the IRA was somehow involved, which of course time has demonstrated was not the case. On the justified criticism of the recent statements that took place here on the issue of collusion by myself and Deputy Costello of the Labour Party, the Taoiseach indicated in the course of same that he would be open to the idea of a Daíl motion following the conclusion of that particular opportunity. In light of that, will the Taoiseach convene an all-party meeting of representatives of all the parties here in order that a motion can be agreed? I understand that a motion has been drafted and forwarded by Justice for the Forgotten. Will the Taoiseach now call a meeting of either party leaders or whomever within this House so that that motion can be agreed by all parties and we can move this matter forward? Does the Taoiseach not agree there is general acceptance that the statement of views that took place falls far short of the 497 Ceisteanna — 19 February 2008. Questions

[Deputy Caoimhghı´nO´ Caola´in.] statement of intent in terms of real action and an outworking of this issue? Will the Taoiseach agree that such a motion should formally endorse the reports of the Oireachtas sub-committee, to be directed at the British Government and British Parliament, calling on them to release all relevant documents relating to collusion, especially concerning the killings that took place in this jurisdiction? Will the Taoiseach also agree that it would serve a useful purpose if it included a call for the bringing about of a summit between himself and the British Prime Minister, Mr. Gordon Brown, to address this issue as a stand-alone matter of major concern to the citizenry of this country?

The Taoiseach: On the first question, I will follow up on the reports. I have no problem giving a full set of the reports to the Prime Minister. We promised in the autumn to give time for a Daíl debate on the issue of collusion. We ran out of time before Christmas, at which point I said the debate would take place immediately after Christmas. As soon as we came back to do that, however, it was stated that we needed a motion. It was not what I had agreed to, but Justice for the Forgotten and some Members asked that I look at that. Deputy Costello has written to me about it and I said I would look at it. I was glad to provide time for the debate, as I had promised, and we did that. We had a long debate, positions were set out and the message from this House was made clear. If we can agree a comprehensive motion, that would be of assistance. I have no difficulty with it. If a motion can be agreed through the Whips, we can agree a time slot to debate it. I never had a problem with that and we will do so if it is helpful. On the murder of Seamus Ludlow, I have been dealing with this issue for many years. I have been in contact with the Ludlow family and their supporters for many years. There is no doubt that how things happened at the time and what evolved from that led to a very unsatisfactory position. There is no argument about that. There were many arguments at the time, admittedly, and much publicity about what happened, but the fact is that all of that, as far as I am concerned, is now proved not to be so. Seamus Ludlow left the rear of the Ballymascanlon House Hotel on that sad night and was picked up by people who, if they were not well known then, are certainly well known now. There does not seem to be much dispute about who they were. Whether we will ever prove all of these things is another question. The case remains the same and has remained the same for many years. Was it followed up and investigated by the Garda and was it all dealt with in a way that, all these years later, I can stand over with total confidence and say that I am absolutely happy was correct? No, I cannot do so. I have said this for many years. Can we get to the bottom of it now and get behind every circumstance of what happened? It is very difficult to do so. I am afraid it comes down to legal minds and whether they can formulate a way of dealing with it. I have apologised, as have the Garda Commissioner and others, to the Ludlow family. I met the entire Ludlow family and those who supported them through all these years at the recent meeting. We will be as helpful as we can. Will we get any more information from the PSNI on this issue? I do not know. Can we get more information from the Garda? I hope so. As I said, the chief superintendent is examining this issue and going back over the files. Deputy Commissioner Laurence Wren was criticised in the report, but he went before the committee to give his account and refute that. It is disputed evidence. An investigation is ongoing into the issue. I must be honest before the House; on the advice I received after the first round, there does not seem to be a way of getting a tight investigation that can meaningfully deal with this issue. As Deputies know, some of the four people who are alleged to have been involved in the murder are no longer about, which makes it difficult to get information. I hope we can get a clear report from the Garda Sıóchańa. 498 Ceisteanna — 19 February 2008. Questions

I am not sure if we can do so in the case of the Office of the Attorney General. As I have said, I will try to help the family and its legal representative, who is dealing with the Attorney General. This case is in our own jurisdiction. Several of the other cases are in Northern Ireland. There are many such cases. We do not need to go back through all the cases which were the subjects of the various Barron reports, all of which are finished. We have the issues. I have continued to lobby, and to have an active engagement in the British House of Commons and elsewhere, on the Finucane case. I think I will meet Judge Cory again tomorrow. We have continued to pursue that because it was part of the basis of the Weston Park agreement. We have got on with the Smithwick inquiry into the Breen and Buchanan killings. The same thing was supposed to happen in the Finucane case. We have kept up our pressure. I do not think we can get satisfactory results on all the other cases. We cannot have inquiries into all of them. We will not get behind the MI5 and MI6 information in many of the cases. It is my assessment that no British Government, of any persuasion or with any Prime Minister, will go behind that. I have had endless meetings, put endless pressure and done endless pressing in this regard. I believe the British Government has an obligation to Geraldine Finucane because it was part of a separate deal. The historical inquiries commission and the Police Ombudsman for Northern Ireland can do a great deal of work in the other cases and we can continue our investigations. However, I would put Geraldine Finucane’s campaign on behalf of her late husband in a different category. We remain in close contact with the Finucane family. Senior officials met Geraldine Finucane on 21 February 2007. I wrote to her personally at that time to assure her that the Government remains fully committed to supporting her and her family in seeking a full independent public judicial inquiry into her husband’s murder. We have pressed that at every level within the British system and will continue to do so. At official meetings, there have been discussions on how best to progress the family’s position. We are continuing our efforts on that. The Office of the Attorney General, the Department of Foreign Affairs and other bodies have been helpful. We are putting all our efforts into helping the Finucane family by exerting the maximum pressure on the British Government and the British system. As of now, I do not get any sense from the British authorities that they are willing to meet the Finucane family’s needs. However, we will not give up on this one. I know there is a view that there may be little point in holding an inquiry at all in the absence of agreement, particularly from the family, regarding such an inquiry. In my view, it would be an enormous tragedy if the truth of this case did not come out. Therefore, I hope we can still find a way to meet the family’s needs. Every bit of evidence, including hearsay evidence and everything else we have been through on this — a lot of it is substantive enough — suggests that there was collusion. It is important that this issue is examined, at least. That would assist what the historical inquiries commission in Northern Ireland and other bodies can do in many of the other cases. We will continue to pursue the Geraldine Finucane case because it was part of an arrangement that was agreed in July 2001.

Deputy Eamon Gilmore: I welcome the Taoiseach’s indication that he will consider positively the proposal made by my colleague, Deputy Costello, that there be an agreed all-party motion on the Barron reports, which were debated in the House some weeks ago. As the Taoiseach will recall, considerable disappointment was expressed by Justice for the Forgotten and the families of many victims that the House did not consider a motion to provide a means by which this issue could be progressed further. I welcome that the Taoiseach is considering the proposal put to him by way of correspondence by Deputy Costello. It was recently reported that the Chief State Solicitor had changed the Government’s pleadings in the case being taken against the State by a number of the families of the victims. I 499 Ceisteanna — 19 February 2008. Questions

[Deputy Eamon Gilmore.] understand he wrote to the families’ legal representatives stating: “The defendants are now withdrawing the plea contained in the defence dated 2 March 2005 that the holding of a public inquiry at this time would be futile and/or impractical.” Do I understand from that the Govern- ment’s position has changed regarding the holding of a public inquiry, which was sought originally by the Justice for the Forgotten group? What significance are we to attach to the change in the Government’s pleadings in that case? With regard to the Seamus Ludlow murder, the Taoiseach had a meeting with the Ludlow family on 22 January last and again it was reported subsequently that the Attorney General would consider the family’s request for a public inquiry and would make a final decision on that within three weeks. The three weeks have elapsed and the Taoiseach, in response to an earlier question, indicated the Attorney General is still considering the issues discussed at the meeting. Will he confirm consideration is being given to a public inquiry in this case?

The Taoiseach: The position on the first case has not changed. Is the Deputy referring to the O’Neill case?

Deputy Eamon Gilmore: Yes.

The Taoiseach: There is no change in the State’s position on this but a new defence has been lodged based on the undertakings of confidentiality that have been given by third parties. However, for any public inquiry to succeed, it is clear the co-operation of the British authorities is essential and the Oireachtas committee has acknowledged that. We have used all the appropriate means to ensure such co-operation and a public inquiry in this State without the co- operation of the British Government will not resolve the outstanding questions. In the final analysis, as the Oireachtas joint committee said, questions relating to allegations such as this can only be dealt with by the British Government. Two issues arise in the Ludlow case. We had a useful, lengthy meeting with family representatives where a great deal of information, many assessments, including what emerged at the Barron commission, and other data were exchanged. The first issue is to try to get the chief superintendent to bring the reinvestigation of the case to fruition. That is due to finish this month and I am awaiting the report. The second issue is a public inquiry here. In fairness to the family representatives, they were only seeking a brief, focused and narrow procedural inquiry. The question is whether that can be formulated. The family, myself and the legal representative did not want to open this up. The legal representative asked to meet the Attorney General in his office to see if it is possible to achieve a narrow framework and tight procedural deadlines. That meeting has taken place but there are ongoing issues. I inquired about this yesterday and I understand discussions have taken place. Contacts are continuing but the Attorney General is not convinced at this stage that that kind of narrow focused inquiry with definite guidelines can be achieved. That is our advice for now.

Deputy Eamon Gilmore: Last year the Garda Commissioner announced that he would set up a cold case unit within the Garda Sıóchańa to investigate approximately 200 unsolved murders in the State. Are the Dublin and Monaghan bombings included in that inves- 3 o’clock tigation and does the Taoiseach consider that a useful way of reopening the investigation into those murders? Perhaps the advances that have been made in forensic science in the 30 or more years since the bombings will be brought to bear on a reopening of the investigation by the Garda Sıóchańa. 500 Ceisteanna — 19 February 2008. Questions

The Taoiseach: Subsequent to the Barron report on the Dublin and Monaghan bombings and the Oireachtas joint committee’s report, the Garda re-examined all the recommendations made therein. I am not certain whether that was completed or if the Garda made a report but I will check that with the Minister for Justice, Equality and Law Reform. The Garda revisited the matter because, as Deputy O´ Caola´in said earlier, the difficulty with the that investigation was that, while the bombings occurred in the middle of May, the official investigation closed in the middle of August of the same year. I will inquire of the Minister whether that investigation came to an end or if anything new came to light from it.

Deputy Enda Kenny: A couple of weeks ago the Taoiseach was in Manchester where, among a number of other high profile activities, he met the UK Prime Minister, Gordon Brown. In the context of the new relationship between Ireland and Britain, the Good Friday Agreement and the peace process, which everybody supports, the allegations of collusion which were debated in this House a couple of weeks ago are central issues. If we are to have an Ireland that lives at peace with itself North and South, east and west, and which allows its various communities to develop, a number of fundamental matters must be addressed. Did the Taoiseach raise with the Prime Minister the British Government’s practice during the time of the former Prime Minister, Mr. Blair, and previously of withholding information that was relevant to the bombings and allegations of collusion between security forces and persons involved in acts of terrorism? If that is not addressed and the information is available in the British archives, it will be a running sore on the relationship between both countries. Did the Taoiseach request the Prime Minister to demand that the latter’s Government provide all the necessary documentation in order that the matter might be cleared up once and for all and, if so, what was the response? Did he raise the British lack of co-operation during the North-South Ministerial Council meeting in Dundalk, which I understand was quite successful? That was an opportunity for the British Government to show its seriousness about cleansing the wound and bringing a conclusion to these matters, thereby allowing a strong relationship to be built for the future. Does he have a view on the refusal by his Department to provide documents to the tribunal investigating the murder of the RUC officers, Harry Breen and Bob Buchanan, which was also the subject of a report?

The Taoiseach: On Deputy Kenny’s last question, I stated last week in a reply to Deputy Gilmore that the Smithwick tribunal will go to the High Court and the State will not resist that. That is the process which must be undergone. The papers from 1989 will be made available but the tribunal must go to the High Court to obtain them. The meeting of the North-South Ministerial Council was successful. We did not discuss collusion because of the North-South nature of proceedings. However, I spoke to Paul Murphy who, on behalf of the Prime Minister, now has special responsibility for the east-west relationship. Mr. Murphy has been involved since the beginning of the negotiations on the Good Friday Agreement. He co-chaired proceedings when Senator George Mitchell was involved. Mr. Murphy is a key player and is very familiar with matters. We have raised these issues and he is well aware of our stance in respect of them. As I see it, several Ministers and Secretaries of State served under former Prime Minister Blair and some of them were more helpful than others. Papers and documents that were readily available were provided by the NIO and the British Government. I do not have any information which indicates that these have not been furnished. A large number of papers were given, on the basis of strict confidentiality, were given to the MacEntee inquiry. 501 Ceisteanna — 19 February 2008. Questions

[The Taoiseach.]

The Deputy requested my view on this matter. Most of the departmental records, as we know them, and other records have been given. What have not been, and are unlikely to be, given are the files — if any — in the possession of MI5 and MI6, which have a strange system, to say the least. I have dealt with many Ministers and Secretaries of State regarding how that system operates but I came across a number of Chinese walls. I do not believe we will obtain a great deal from these sources. There were agreements in respect of some cases. Rather than chasing all of these, we have concentrated our efforts on pursuing the Finucane case. What has happened in recent years in this case is that the British do not like to deal with any of our officials in respect of it because we keep pursuing the same issues. The position is that they are totally reluctant and politely unhelpful as regards making available the papers relating to collusion in the Finucane case. I might be wrong but I believe a considerable amount of information relating to the case is available. This is why we should continue to pursue it. In any event it was part of a process agreed at Weston Park, which went to the Cory report. Judge Cory could not have been a more independent person. He was an eminently senior member of the Canadian judiciary, recognised throughout the world, and he did a great deal of work in respect of this matter. Even while members of his family were ill, he continued with his work. Judge Cory made his report and it was internationally accepted and recognised by various judicial and legal interests. Campaigns were launched and advertisements were placed in newspapers in the United States. This matter was examined in Brussels and is being considered here. A motion was put before the House and one was also put to the joint Houses of Congress in the United States. However, the British will still not act. I have informed the British on many occasions that I do not believe anyone would be shocked by what might emerge from a report on the murder of Pat Finucane. No one would be shocked because we all know what happened. The stories of those to whom I have spoken about the matter are consistent. As Deputy Kenny stated, it would do a great deal of good if such a report could be forthcoming. I have shown my good faith and proceeded with the Smithwick inquiry into the terrible murders of Buchanan and Breen. We will follow it through and it may have some knock-on effects into our system. We are aware of that but we will follow those investigations truthfully but we are not getting the same response. My tactic is to confine our efforts on this issue to the Finucane case rather than trying to follow several cases, which I do not believe we will get.

Deputy Enda Kenny: I thank the Taoiseach for his answer in respect of the Smithwick inquiry. I support that. Considering the record of British Governments over the years and centuries, they have always been meticulous at the very least in note-taking and recording, both internally in the affairs of this country over the centuries and internationally. I have no doubt these records exist either in MI5, MI6 or both. Did either Prime Minister state to the Taoiseach that there were no records? Did they ever say they could not be made available, indicating the records exist but they do not want to make them available? Did they deny point blank that records ever existed? If that is the case, it is a complete reversal of British and imperial policy over centuries, where they were always meticulous in note-taking about issues, tragedies and interference such as this. Was such a comment ever made to the Taoiseach by his peer in the House of Commons or Downing Street?

The Taoiseach: I am glad to give my verdict on that, although everybody might not agree with it. I believe a file exists on the Finucane murder. 502 Ceisteanna — 19 February 2008. Questions

Deputy Enda Kenny: I thank the Taoiseach.

Departmental Staff. 8. Deputy Enda Kenny asked the Taoiseach the procedures in place in his Department governing the employment of political advisers, press officers, personal assistants and other political appointees; and if he will make a statement on the matter. [32328/07]

9. Deputy Eamon Gilmore asked the Taoiseach the procedures in place within his Depart- ment regarding the appointment of political staff; and if he will make a statement on the matter. [34028/07]

10. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the appointment procedures in his Department for political advisers; and if he will make a statement on the matter. [35284/07]

11. Deputy Enda Kenny asked the Taoiseach the duties and responsibilities of the special political advisers as appointed by him; and if he will make a statement on the matter. [3542/08]

12. Deputy Enda Kenny asked the Taoiseach the number of political advisers or assistants appointed by the Attorney General; and if he will make a statement on the matter. [3568/08]

The Taoiseach: I propose to take Questions Nos. 8 to 12, inclusive, together. In employing special advisers, my Department complies with the provisions of the Public Service Management Act 1997 and the Public Service Management (Recruitment and Appointments) Act 2004, which lay down the terms and conditions of employment of special advisers. Under these Acts and on foot of Government orders, advisers are appointed to unestablished or temporary positions. Furthermore, the provisions of the Ethics in Public Office Act 1995 apply to the appointment of special advisers and among other stipulations, it requires that they must leave office when the officeholder, to whom they are acting, ceases to hold office. There has been no increase in the number of special advisers who assist me in dealing with the complexities and volume in Government business. There has actually been a decrease of two. Press officers are appointed to my Department through open competition advertised throughout the Civil Service. The Government press secretary and assistant Government press secretaries are appointed under the Department of Finance instructions relating to the appointment of ministerial private office staff. The guidelines advise on a range of issues, including terms and conditions of contracts, the need for specific sanction of appointments and the requirement for exclusion orders. These officers are appointed to their posts on the basis of their media backgrounds and expert knowledge. Likewise, in the employment of personal assistants and personal secretaries, my Department abides by the procedures laid out in the guidelines issued by the Department of Finance and we comply fully with the requirements of the guidelines by following all due process in their recruitment. Since the general election, four new political staff have been appointed to my Department. They are the Government press secretary, a deputy Government press secretary and a special adviser to the Government Chief Whip. The Green Party programme manager based in Government Buildings is not a member of staff in my Department but my Department has engaged a personal assistant to provide administrative assistance to him and the new deputy Government press secretary. 503 Ceisteanna — 19 February 2008. Questions

[The Taoiseach.]

Under the direction of the programme manager, the primary function of the special advisers is to monitor, facilitate and help secure the achievement of Government objectives and ensure effective co-ordination in the implementation of the programme for Government. They are also tasked with giving me advice and keeping me informed on a wide range of issues, including business, financial, economic, political, administrative and media matters and performing such other functions as may be directed by me from time to time. Each of the advisers liaises with a number of Departments and acts as a point of contact in my Department for Ministers and their advisers. My advisers attend meetings of Cabinet committees and cross-departmental teams relevant to their responsibilities. They also liaise, on my behalf, with organisations and interest groups outside of Government. Advisers assigned to the Government Chief Whip and the Minister of State provide advice to the Minister of State and monitor, facilitate and secure the achievement of Government objectives and relate to the Department of the Taoiseach as requested by the Minister of State. My programme manager meets with other ministerial advisers on a weekly basis and monitors and reports to me on progress in implementing the programme for Government. On the recommendation of the Attorney General, Mr. Paul Gallagher, I appointed Mr. Francis Kieran as special assistant to the Attorney General to liaise between the Attorney General and me, and other Departments, on issues relevant to the programme for Government as well as to keep the Attorney General informed on items arising in the Oireachtas or the media which could impinge on, or be relevant to, his role. The position of Attorney General is not a political one and Mr. Kieran does not provide political advice. I comply fully with the provisions of the Ethics in Public Office Acts 1995 and 2001 and annually lay the statements of interests, qualifications and relationship before the Houses of the Oireachtas on behalf of advisers, the Government press secretary, deputy Government press secretaries, personal secretaries and personal assistants, as required. Each individual sends his or her return to the Standards in Public Office Commission in accordance with that legislation. Last year two such returns were made in accordance with the ethics legislation, one for the calendar year 2006 and one following the general election. A further return was made last month covering the period from the general election to the end of 2007.

Deputy Enda Kenny: What are the guidelines for limiting the numbers of staff to be appointed in the Taoiseach’s Department or other Departments? Does the Taoiseach agree that since 2002 the number of senior staff appointed directly to Ministers has gone up from 34 to 43? The senior staff of the Minister for Education and Science, whom I welcome back to the House, did not increase whereas those of the Minister for Defence increased 100%, from one to two. The Minister for Health and Children made six appointments in 2007 at a cost of \666,561 at a time when nurses on maternity leave could not be replaced. What are the restrictions on Ministers appointing staff to their offices and all that carry on? Is it true that there is a facility for every Minister to appoint 16 staff, including political advisers, programme managers, press officers, constituency people and so on? What are the restraints on the Taoiseach? His staff has reduced from nine category one staff in 2002 to eight in 2007. Maybe that person went to the Office of the Minister of Defence. Are there restrictions or how does the Taoiseach tie the numbers back? The Minister for Health and Children does not seem to know what is going on in her Department, yet she has six advisers who cost \666,561 a year. 504 Ceisteanna — 19 February 2008. Questions

Deputy Willie O’Dea: Is there no end to Deputy Kenny’s talents?

Deputy Enda Kenny: I added up the figures while I was listening to the Taoiseach.

Deputy Eamon Gilmore: When he answered similar questions last November the Taoiseach gave a list of the political staff and advisers employed in his Department. That does not include the staff employed in the constituency offices of the Taoiseach and respective Ministers of State. The total cost of the staff in the Taoiseach’s Department is just over \1.5 million a year. We have some idea of the value of that cost to the Taoiseach but what is the value of that cost to the taxpayer?

Deputy Caoimhghı´nO´ Caola´in: When the Taoiseach last answered questions on these matters, he stated that there was a close working relationship between the Department of Finance, the Health Service Executive, his Department and the Department of Health and Children in respect of health matters. He advised me that one of his advisers attends a frequent series of meetings in that regard. Will he clarify whether it is the same adviser who attends that series of meetings in relation to health matters? Is it possible to identify that person and does he or she have a role in the formulation of policy in respect of health issues? Is part of his or her function the drawing up of briefings and reports for the Taoiseach particularly in relation to health matters discussed and determined at these cross-departmental engagements?

The Taoiseach: Paragraph A13 of the Vote for my Department covers the estimated total cost of special advisers’ annual salaries, including the salary of my programme manager, which has been reduced from well over \1 million to \640,000 per annum because I have fewer advisers now. I thought Deputy Gilmore would have noted this for me, to show how much I have reduced it.

Deputy Eamon Gilmore: It is beginning to show as well. The Taoiseach could do with some more advice.

Deputy Willie O’Dea: It did not do Dick Spring much good when he had a clatter of them.

The Taoiseach: The reason is that as I no longer deal with the day to day issues on Northern Ireland, I do not need as many people. I have a programme manager and three special advisers who are covered across the Department. All the staff in my constituency office, except for one junior position, are civil servants. I have given the information on press officers. On Deputy Kenny’s question, all Ministers are subject to the Department of Finance guidelines. There is one programme manager per party and one adviser per Minister. A limited number of Ministers of State, based on their responsibilities, have an adviser. The number of senior positions has been reduced quite significantly. Years ago my Department had ten contracted advisers, programme managers and special advisers, not including the special Office of the Ta´naiste. During the last Government, there were 26 contracted advisers, programmer managers and special advisers across all Departments, a number of whom were seconded civil servants. The number of senior positions at present stands at 24 compared with 55 a decade ago, which constitutes a huge decrease. However, perhaps Deputy Gilmore is right and we should employ more. However, I will try to resist that.

An Leas-Cheann Comhairle: That concludes Taoiseach’s Questions for today.

Deputy Caoimhghı´nO´ Caola´in: The Taoiseach did not respond to me in respect of the engagement of his adviser in that area. 505 Priority 19 February 2008. Questions

An Leas-Cheann Comhairle: I am sure there will be another day to so do. We must now move on to questions nominated for priority to the Minister for Defence.

Priority Questions.

————

Overseas Missions. 107. Deputy Jimmy Deenihan asked the Minister for Defence his views on the threat to Irish troops by a spokesman for rebel forces in Chad that they would be regarded as a hostile force due to their deployment with the French in the EU force; and if he will make a statement on the matter. [6828/08]

108. Deputy Brian O’Shea asked the Minister for Defence if he will make a statement on his meeting on 13 February 2008 in Paris with the Chad mission operational commander, General Pat Nash; and the position in regard to the proposed deployment of Irish troops in Chad. [6402/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 107 and 108 together. The European Union military mission to Chad and the Central African Republic is being mounted in response to a direct request from the United Nations Security Council. This is the most widely supported military operation conducted in Africa by the EU. France will be making a sizeable contribution to the EU force of 3,700. However, France will be only one of 14 EU troop contributors on the ground in the mission area. When staff in the operational headquarters in Paris are taken into account, more than 20 EU member states will be represented, including the three EU neutrals, Sweden, Austria and Finland. Ireland is expected to be the second largest contributor of troops to the mission, which aims to protect civilians in danger, particularly refugees and internally displaced persons, facilitate the delivery of humanitarian aid and protect UN personnel. The mandate for this mission is robust and will be conducted under Chapter VII of the UN charter. EUFOR is committed to conducting its operations in a neutral and impartial manner and operates in full co-operation with the United Nations. On 2 February 2008, a Sudanese-backed rebel column, consisting of 300 pick-up vehicles, each with ten to 15 combatants, advanced on Chad’s capital, N’Djamena. Intense fighting ensued between the rebels and the Chadian forces on 2 and 3 February 2008. The situation in N’Djamena is now reported to be calm and the Chadian Government is in control. The recent incursion by rebel forces is a matter for the Chadian authorities and does not fall within the remit of the EU mission. As for the threat posed to Irish troops to be deployed as part of the EU force, the military authorities have assessed the recent actions by rebel forces as an attempt to influence the situation on the ground prior to the EUFOR deployment. While at least one rebel group has declared that it considers itself in a state of war against the French or any foreign army on Chad’s territory, it is thought unlikely that it will attempt to engage with EUFOR troops. I assure the House that ongoing threat assessments are carried out in mission areas and the Department continually reviews both personal equipment and force assets to ensure Defence Forces personnel are appropriately equipped to fulfil their roles. The planned deployment to Chad will be no different. While no mission is without danger, I am satisfied that all appropriate security measures are in place to ensure the safety of all Defence Forces personnel serving overseas. 506 Priority 19 February 2008. Questions

On 13 February 2008, I visited the mission’s operation headquarters, OHQ, in Paris and met the operation commander, Lieutenant General Pat Nash. He briefed me on the current situation and the plans for recommencement of deployment of EUFOR troops to the mission area. Lieutenant General Nash confirmed that the situation in Chad has now stabilised. However, the urgent necessity to provide security and protection to the refugees and displaced persons in camps remains. While mindful of the need to minimise risk, I re-affirmed the Government’s strong commitment to the humanitarian objectives of the deployment. Lieutenant General Nash also assured me that the broad range of capabilities required to deploy the EU force has now been generated. He also informed me that a total of three role 2 medical facilities, plus air assets, will be provided. In addition, each battalion will have its own role 1 medical facility. Deployment of EUFOR personnel to Chad commenced on 12 February 2008. Lieutenant General Nash is confident that the capabilities required to support EUFOR’s main force deployment will be established by mid-March 2008. By this time, he is planning that the mission will achieve initial operational capability, with at least 1,200 troops in theatre. Planning for the follow-on deployment of all three multinational battalions, including the Irish battalion, can then commence. The logistics of deploying the multinational battalions require extensive planning as the vast majority of equipment etc. will arrive in Douala port in Cameroon and will be transported from there to the relevant operational sector. Lieutenant General Nash is satisfied the OHQ will have the necessary logistical arrangements in place to accommodate this. Ireland and Sweden will be the first of the multinationals to deploy. The mission is planned to reach full operational capability by mid-May 2008. A total of eight members of the Permanent Defence Force are currently deployed with the mission in Chad. All are reported to be safe and well. A Defence Forces engineering reconnaissance party travelled to Chad yesterday to examine the requirement to put in place the necessary infrastructure to enable the deployment of the Irish battalion to Goz Beida in south- eastern Chad. The deployment of approximately 50 Army Ranger Wing personnel to the mission area is scheduled for tomorrow. It is expected the main deployment of approximately 400 Irish troops to the mission area will be completed by mid to late May 2008.

Deputy Jimmy Deenihan: Does the Minister take seriously the threat posed by the spokesperson for the rebel forces? Does the Minister agree that in the recent attack on the capital, the rebel forces displayed more organisation, showed better capability and were more highly mobile than had been thought previously? Has an effort been made to contact the aforementioned spokesperson, who appears to be able to speak freely to the media, including the Irish media, to assure the group in question that the Irish are an impartial force despite being on the same mission as the French? It does not mean they have the same historical connection with Chad as do the French. Moreover, what public information campaign, if any, is under way in Chad at present to confirm Irish impartiality and that their deployment to Chad is purely on humanitarian grounds to protect internally displaced persons and refugees from Sudan?

Deputy Willie O’Dea: I take all threats seriously. As I noted in my initial reply, there always will be a certain element of danger. This is a Chapter VII operation and is similar to any operation in a troubled African country such as, for example, Liberia, where great fears were expressed in advance of the mission but which ultimately worked out very well. This statement was made by a representative of one rebel group. As Deputy Deenihan is aware, there is a number of rebel groups, which appear to agree on one thing only, namely, a change of govern- 507 Priority 19 February 2008. Questions

[Deputy Willie O’Dea.] ment. Their political objectives and to an extent even their military objectives appear to be widely diverse. In addition, there also is a number of roving bands of what one would describe as bandits rather than rebels. They operate on the Chadian-Sudanese border and appear to pose the greatest threat. One must put this matter into context. This was a single statement by one spokesman for one of many rebel groups that operate in Chad. Although I agree with Deputy Deenihan that the rebels displayed more military ability than had been anticipated in their recent operations, they did not attempt to engage the French forces, who were present flying the French flag, nor did they interfere with any EU forces, to whom they were in close proximity. This indicates that their targets, apart from the Administration in Chad, are generally soft targets, such as unarmed civilians, aid workers etc. They are most unwilling to confront any army that is properly constituted and armed. The force commander, his staff, all members of the Government and other Irish parties who speak on this matter are at pains to point out that this is a humanitarian mission. We have no brief for either the Government in Chad or the rebels. Our sole aim is to protect the unfortunate victims of the conflict in Darfur and those across the border in Chad and the Central African Republic. I have the greatest confidence in the commander of the multinational force, an Irish general called Pat Nash. He has considerable experience and is highly capable. He decided he would wait until sufficient logistical supports and enablers were put in place to ensure the mission would be as safe as it could possibly be made. That is his duty and he has kept us informed throughout. It is our job to provide sufficient protection for the troops and to ensure they are trained sufficiently to ensure they will remain safe in this hostile environment. We have done so.

Deputy Brian O’Shea: I thank the Minister for his reply. I take it from his remarks that the safety and security of our troops is paramount and that he is satisfied the 50 rangers who are embarking tomorrow will have sufficient protection. Does the Minister believe an event similar to that which occurred in N’Djamena could happen again? It is a question of the capability of the Irish troops to withstand any attacks and of ensuring their general safety. Am I correct in believing the troops are as safe as possible?

Deputy Willie O’Dea: That is precisely the point. There will be no circumstances in which there will be no element of danger. We are entering a very troubled African country in a more or less constant state of rebellion. The rebellion is supported by Chad’s powerful neighbour, Sudan, whose regime is in turn supported by the Government of China. There are constant efforts to disrupt the political system in Chad and one could not, under any circumstances, describe the circumstances that obtain as not being attended by some degree of danger. Deputy O’Shea analysed the matter very well in stating we have made conditions for our troops as safe as possible under the circumstances. On the question of a possible repeat of the incident in N’Djamena a couple of weeks ago, my information suggests the rebels were decisively defeated, dispersed and forced to retreat towards the Sudanese border. The rebels, who are in two different groups, have not yet crossed the border and are still in Chad. Military intelligence suggests they would be quite incapable of mounting another operation this side of the rainy season, which begins in the first week of June. It will not be practical to operate during that season and it will, therefore, be the latter part of the year before they are capable of posing a threat again. In view of the fact that the rebels are supported strongly by Sudan and China, of which there is ample evidence, anything is possible. They may attack again. 508 Priority 19 February 2008. Questions

Deputy Jimmy Deenihan: I understand the rebels have regrouped and captured a town in Chad. Is the Minister aware of this? Given that China is playing a major role in supporting Sudan, has the Irish Government made any direct approach to the Chinese ambassador regarding his country’s involvement with a view to influencing what is happening in Chad?

Deputy Brian O’Shea: I understood there were four rebel groups involved in the recent attack on the capital. Are there other rebel groups that can avail of the same type of support in mounting similar operations?

Deputy Willie O’Dea: There are other rebel groups but I do not believe they would be as capable of mounting similar operations. They are more like bandit groups. They operate opportunistically, join together and dissipate fairly quickly. On Deputy Deenihan’s question, my information is that the rebels who attacked N’Djamena will not be in a position to make a comeback until the end of the rainy season. Approaches to the Chinese authorities would be quite futile because the Administrations of both China and Sudan have stated publicly they have nothing at all to do with the rebels in Chad. At a diplomatic level, we must take China’s word for it, although we might have information to the contrary.

109. Deputy Jimmy Deenihan asked the Minister for Defence the projected total cost of the air transport required to transport and logistically support the Defence Forces deployment to Chad. [6829/08]

Deputy Willie O’Dea: The proposed deployment of a Defence Forces contingent to the UN- mandated EU operation in the Republic of Chad and the Central African Republic will be the most expensive operation on which the Defence Forces have ever been deployed. As the House will be aware, Chad is landlocked and nearly 2,000 km from the nearest port facility. There are few, if any, roads and little infrastructure over which to transport personnel or equipment. It is, therefore, essential that the contingent be completely self-contained and capable of undertaking its operations without depending on the availability of immediate re- supply or reinforcement. Owing to the remote location of the mission’s area of operations, deployment and re-supply of the contingent will be mainly by air and therefore expensive. It is estimated that the cost to the Department of Defence Vote arising from the Defence Forces’ participation in this mission for 12 months will amount to approximately \57 million, including Ireland’s \1.3 million contribution to common costs. Provision to meet the additional costs of the operation has been made in the Department of Defence Estimate for 2008. Prelimi- nary estimates indicate that the cost of transportation of Defence Forces personnel and equipment to the mission area, including re-supply and rotation flights, will be in the region of \20 million. I appreciate that participating in this mission will present many challenges for the men and women of the Defence Forces but the Government is committed to ensuring that all of the necessary resources are provided. While the expenses associated with the mission are substantial, the mission will be undertaking a vital task in providing basic security for over 400,000 refugees, many of whom are fleeing the crisis in Darfur.

Deputy Jimmy Deenihan: Does the cost of transport include the cost of providing helicopters from the Irish zone to Abeche, where the Italian hospital will be located?

Deputy Willie O’Dea: No. Deployment of the initial entry force will cost \3.8 million, the initial deployment of the main contingent will cost \10 million, rotation flights will cost \2.4 million and re-supply flights will cost \3.4 million. 509 Priority 19 February 2008. Questions

Deputy Jimmy Deenihan: There will be three rotations. How many re-supply flights will there be in total, taking into account ammunition, medical services etc? If a casualty requires treatment in Ireland, will there be transport available immediately? When there is a serious accident, one is supposed to get from where it occurred to a hospital within seven hours. Will this be possible?

Deputy Willie O’Dea: I stated that, of the total of the \20 million, \2.4 million will be spent on rotation flights.

Deputy Jimmy Deenihan: I asked about the helicopter backup service that will be available for medical purposes.

Deputy Willie O’Dea: Absolutely. I assure the Deputy——

Deputy Jimmy Deenihan: Is the provision of the service built into that cost?

Deputy Willie O’Dea: It is not built into that cost but the Deputy can be assured that three Role 2 medical facilities are being provided and they will include Medevac facilities, both air and ground facilities, to take people to hospital as necessary. There will also be facilities to fly people outside the Sudan if necessary.

Deputy Jimmy Deenihan: Will the Irish mission have dedicated helicopter capability or will it rely on others?

Deputy Willie O’Dea: No particular group making up the multinational force has dedicated helicopter capability. The area is divided into a number of zones. The capabilities are provided centrally and they will be available equally to all the participants in the mission.

Deputy Jimmy Deenihan: The distance between Abeche and where the Irish troops will be operating is approximately 160 km. The guideline is that it would take an hour for a helicopter to fly from there to the Irish zone to transport casualties or personnel affected by disease and an hour for it to travel back. Therefore, it would be preferable if the Irish troops had a helicopter on site to enable them to bring personnel, where necessary, to a level two hospital. Has the Minister provided for that possibility?

Deputy Willie O’Dea: You appear to have forgotten that I am not the commander of the force. The force commander and his staff organise all the details.

Deputy Jimmy Deenihan: You are expected to know all about this.

An Leas-Cheann Comhairle: I ask the Minister to reply through the Chair.

Deputy Willie O’Dea: They tell me they are satisfied that all arrangements that can be made to make the mission as safe as possible have been made.

Deputy John Deasy: Is the Minister satisfied with that?

An Leas-Cheann Comhairle: This is a priority question in the name of Deputy Deenihan and I ask the Minister not to engage with other Deputies.

Deputy Willie O’Dea: If other Deputies ask me questions, I would like to respond to them.

An Leas-Cheann Comhairle: Under Standing Orders the Minister is not allowed to answer questions from other Deputies on Priority Questions. 510 Priority 19 February 2008. Questions

Deputy Jim O’Keeffe: Other Deputies have concerns.

An Leas-Cheann Comhairle: We will be moving on to other Deputies’ questions very shortly.

Deputy Willie O’Dea: I note Deputy Deasy had a statement in a newspaper this morning about that. Somebody brought the matter to the attention of Deputy Deasy and instead of bringing it to our attention, he brought it to the attention of The Irish Times. That is not a responsible way to carry on when people are worried about their relatives in Chad. It is irres- ponsible and headline grabbing.

Deputy John Deasy: Those questions are in the Minister’s Department and we will see if he will answer them.

Deputy Willie O’Dea: I am not the commander——

An Leas-Cheann Comhairle: The Minister, no less than anybody else, will obey the Chair.

Deputy Willie O’Dea: Yes.

An Leas-Cheann Comhairle: This is a priority question to be answered by the Minister only to the Deputy in whose name the question is tabled. I request the Minister to reply through the Chair and not be distracted by any other Deputy.

Deputy Willie O’Dea: I am satisfied that everything that can be done to make the mission as safe as possible has been done.

Deputy Jimmy Deenihan: I request the Minister to investigate that aspect.

Decentralisation Programme. 110. Deputy Jimmy Deenihan asked the Minister for Defence if a cost benefit analysis was conducted on the decentralisation of elements of his Department to Newbridge and elements of the Defence Forces headquarters to the Defence Forces training centre in the Curragh Camp; and if he will make a statement on the matter. [6830/08]

Deputy Willie O’Dea: As the Deputy is aware, the Minister for Finance announced in his budget speech in December 2003 that a total of eight Departments would move their headquarters from Dublin to provincial locations. As part of this programme, all my Department’s Dublin-based Civil Service staff are relocating to Newbridge and the Defence Forces headquarters will relocate to the Curragh. In coming to its decision on decentralisation, the Govern- ment took account of a wide range of factors in selecting suitable locations and Departments and agencies. Immediately following the announcement of the programme, a decentralisation implementation group was appointed to prepare an overall implementation plan in consultation with all the organisations involved, including my Department. My Department has produced implementation plans for the group, setting out the detailed arrangements that will be put in place for relocation, such as risk assessment and mitigation strategies, service and business continuity, and business processes and systems. These plans are being progressed in preparation for the move. The relocation of my Department to Newbridge and of the Defence Forces headquarters to the Curragh will take place in 2009.

Deputy Jimmy Deenihan: Given that the Department of Defence and the Defence Forces are currently co-located in Glasnevin and Infirmary Road, surely the fact that the various 511 Priority 19 February 2008. Questions

[Deputy Jimmy Deenihan.] functions and roles of both will be split, with one being located in the Curragh and the other in Newbridge, will not lead to good administration? In terms of functionality, would it not have been preferable if a single relocation was made to Newbridge rather than splitting the two bodies? Was a cost benefit analysis carried out prior to this decision being made? The Chief of Staff of the Defence Forces will be based in Newbridge while most of his staff will be based in the Curragh. In terms of administrative purposes alone and the flow of information, and given the proximity in which the Department of the Defence and the Defence Forces work, this move will create many problems down the road. It is probably too late to change the decision, but I question how well it was thought through. Surely it would have been preferable for the Government to opt for one location, and well and good if that is Newbridge given the spin-off that would result from the relocation, but dividing the two bodies in terms of location will lead to many logistical problems down the road.

Deputy Willie O’Dea: As the Deputy will be aware, Newbridge and the Curragh are quite close to each other. We live in the age of instant communications. The Chief of Staff and more than 40 personnel, including two deputy chiefs of staff, will be co-located with the Department in Newbridge. We have had extensive discussions with the military and the Civil Service about this matter and they are quite happy with the arrangements.

Deputy Jimmy Deenihan: It is probably the first time this Department will be split. The feedback I got from some of the staff affected is that they are concerned about the future operational aspect of this arrangement.

Deputy Willie O’Dea: If the Deputy says that, I must take his word for it, but I have always shown myself to be open to representatives. If anybody in the military or the Department has anything to say to me, he or she can come and say it to me, and I have not heard one word of complaint about this.

Child Care Facilities. 111. Deputy Jimmy Deenihan asked the Minister for Defence the progress made on providing a workplace child care facility in the Curragh Camp; and if he will make a statement on the matter. [6831/08]

Deputy Willie O’Dea: A request to provide cre`che facilities for members of the Defence Forces has been made by the Defence Forces representative associations. The Defence Forces partnership steering group, which was established following from Partnership 2000, has tasked a partnership sub-committee with examining the issue of the provision of child care facilities under a number of headings, including demand for places, location and cost. A report from the sub-committee on the feasibility of undertaking such a project is awaited.

Deputy Jimmy Deenihan: This report has been awaited for almost a year. Will the Minister place more urgency on demanding completion of this report? The Minister made great play out of trying to attract more females into the Defence Forces and he launched a campaign in that respect some time ago. Female members deserve a family- friendly workplace and for younger women, in particular recently married women, surely a child care facility in the workplace is critical in attracting more women into the Defence Forces. Such a facility is one of the many incentives the Minister must ensure is put in place. I appeal to the Minister to make such provision a priority and to ensure that this committee, which has been lingering for almost the past year in its work on this project, reports to him as soon as possible. He should set a deadline for completion of this report. 512 Other 19 February 2008. Questions

Deputy Willie O’Dea: I will make inquiries about that. I understand the committee will report on it shortly. For a positive decision to be taken, we would have to be satisfied that the demand for such a facility would justify the capital expenditure because it would involve not only premises but equipment etc. We would also want to be satisfied that its operation would be self-financing as the other six State cre`ches, provided under the Civil Service provision of cre`che scheme, are expected to be.

Deputy Jimmy Deenihan: In terms of such a facility being self-financing, it would not require a great deal of money. I understand that there is a space in the Curragh that could be easily adapted for this type of facility. The main cost probably would be on the employment of personnel rather than the creation of a new space for the facility or the use of special equipment, bearing in mind that the equipment required for cre`che facilities is generally not very expensive. Right across the public service cre`ches are available, even for people in this House I understand. I do not believe that expense should necessarily be a deterrent for the provision of this facility, which is being demanded by military personnel.

Deputy Willie O’Dea: My information is that only six cre`ches are being provided across the public service, each with about 30 places, which is relatively small in the general scheme of things, and they are all expected to be self-financing.

Other Questions.

————

Overseas Missions. 112. Deputy Richard Bruton asked the Minister for Defence the provision of medical care proposed for the Defence Forces in Chad; and if he will make a statement on the matter. [6355/08]

113. Deputy Chris Andrews asked the Minister for Defence if he will report on his recent visit to the operation headquarters of the EUFOR CHAD/RCA; his discussions with a person (details supplied ); and if he will make a statement on the matter. [6307/08]

118. Deputy Brian O’Shea asked the Minister for Defence the number of Irish Defence Force personnel currently on the ground in Chad; if he is satisfied that all appropriate arrangements are in place ensure their security and safety; and if he will make a statement on the matter. [6323/08]

126. Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied regarding the strength and adequacy of preparation and equipment in respect of the proposed Irish troop deployment to Chad; if he has been assured of the reliability of supply, transport, communications and medical backup; if he is satisfied that the Irish contingent can adequately support and be supported by the multinational forces operating through the aegis of the EU or UN; and if he will make a statement on the matter. [6373/08]

129. Deputy Niall Collins asked the Minister for Defence the timetable for deployment of Defence Force equipment and personnel to Chad; the way this transportation is organised; the costs incurred; and if he will make a statement on the matter. [6367/08]

130. Deputy Ulick Burke asked the Minister for Defence the projected total cost of the air transport required to transport and logistically support the Defence Forces deployment to Chad. [6356/08] 513 Other 19 February 2008. Questions

131. Deputy Jimmy Deenihan asked the Minister for Defence the way he will make up the financial shortfall of some \20 million between the projected cost of the Chad mission and the special funding that has been given to his Department for the Chad mission of \37 million; and if he will make a statement on the matter. [6358/08]

136. Deputy Brian O’Shea asked the Minister for Defence the situation in regard to the proposed deployment of Irish troops to Chad as part of the EU mission; if a new date for the operation has been set; if he is satisfied that the situation has stabilised in regard to military action by rebel forces; and if he will make a statement on the matter. [6322/08]

144. Deputy Denis Naughten asked the Minister for Defence if he is satisfied that all necessary supports are in place for the deployment of the Defence Forces to Chad; and if he will make a statement on the matter. [6185/08]

154. Deputy Thomas P. Broughan asked the Minister for Defence if all the required logistical and backup arrangements are in place for the Irish troops due to serve with the EU mission in Chad; and if he will make a statement on the matter. [6324/08]

157. Deputy Niall Collins asked the Minister for Defence the extent and nature of the Defence Force equipment and vehicles being sent to Chad; the value of this equipment; if his Department has an estimate on its possible depreciation; and if he will make a statement on the matter. [6368/08]

164. Deputy Ulick Burke asked the Minister for Defence the welfare and support provisions planned for Defence Force personnel deployed to Chad to include post, including parcel post, Internet access, leave and telephone communications, including free telephone calls home for all military personnel. [6357/08]

166. Deputy Denis Naughten asked the Minister for Defence if he is satisfied with the resources and support available to the Defence Forces for their mission to Chad; and if he will make a statement on the matter.

613. Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that the strength of the proposed Irish troop deployment to Chad is sufficient to ensure adequate protection in all circumstances; and if he will make a statement on the matter. [6778/08]

614. Deputy Bernard J. Durkan asked the Minister for Defence if all of the military hardware, transport, communication and the logistical equipment required in such operations is in place for the proposed Irish contingent to Chad; and if he will make a statement on the matter. [6779/08]

615. Deputy Bernard J. Durkan asked the Minister for Defence if the full scale of personal armour, breathing or other equipment expected to be required in the context of the Irish troop deployment to Chad has been provided for; and if he will make a statement on the matter. [6780/08]

Deputy Willie O’Dea: I propose to take Questions Nos. 112, 113, 118, 126, 129, 130, 131, 136, 144, 154, 157, 164, 166 and 613 to 615, inclusive, together. The European Union military mission to Chad and the Central African Republic, EUFOR TCHAD/RCA, established under the authority of United Nations Security Council Resolution 1778 (2007), was formally launched by the General Affairs and External Relations Council on 28 January 2008. Ireland is expected to be the second largest contributor of troops to the 514 Other 19 February 2008. Questions mission, which aims to protect civilians in danger, particularly refugees and internally displaced persons, IDPs, facilitate the delivery of humanitarian aid and protect UN personnel. The mandate for this mission is robust and will be conducted under Chapter VII of the UN Charter, allowing the use of all necessary force to ensure the success of the mission. The EU force is authorised to support the UN and to take all necessary measures, within its capabilities and its area of operation, to fulfil its functions. EUFOR is committed to conducting its operations in a neutral and impartial manner. Given the nature of the operation and the mission area and environment, force protection will be a key consideration. The Defence Forces will deploy a full range of force protection assets including armoured personnel carriers. The military authorities have indicated that, while the level of risk is consistent with any operational deployment in a troubled African state, it is one which the Defence Forces have the capability to manage. On 13 February 2008, I visited the operation headquarters, OHQ, in Paris for the European Union’s military mission to Chad and the Central African Republic, EUFOR TCHAD/RCA. I met with the operation commander, Lieutenant General Pat Nash, who briefed me on the current situation and the plans for recommencement of deployment of EUFOR troops to the mission area. Lieutenant General Nash indicated that the situation in Chad has now stabilised. The urgent necessity to provide security and protection to the refugees and displaced persons in camps, however, remains. While mindful of the need to minimise risk, I re-affirmed the Government’s strong commitment to the humanitarian objectives of EUFOR TCHAD/RCA. Lieutenant General Nash also assured me that the broad range of capabilities required to deploy the EU force has now been generated. He also informed me that a total of three role two medical facilities, plus air assets, will be provided. In addition, each battalion will have its own role one medical facilities. Deployment of EUFOR personnel recommenced on 12 February 2008, having been post- poned by the operation commander earlier this month due to the recent events in Chad. Lieutenant General Nash is confident that the capabilities required to support EUFOR’s main force deployment will be established by mid-March 2008, by which time he plans that the mission will achieve initial operational capability. At this stage, he expects to have at least 1,200 troops in theatre. This will afford the operation commander and his staff the opportunity to plan for the follow on deployment of three multi-national battalions, including the Irish battalion. The mission is planned to reach full operational capability by mid to late May 2008. Eight members of the Permanent Defence Force are currently with the mission in Chad and, as I have already indicated, are all reported to be safe and well. The deployment of some 50 Army ranger wing, ARW, personnel to the mission area, which was due to take place earlier this month, is now scheduled for tomorrow. It is expected that the main deployment of some 400 Irish troops to the mission area will be completed by mid-May 2008. I have already dealt with the cost. It will be approximately \57 million. Provision is made annually in the Defence Vote to maintain a capacity of 850 personnel serving overseas at any one time. This includes making provision for overseas allowance payments and other costs associated with maintaining troops overseas. The Defence Estimate includes additional funding of \37 million for the proposed mission to Chad, the bulk of which will be expended on transport costs. This additional funding will ensure that our troops in Chad will have the best possible equipment and facilities in what will be a very challenging environment. In connection with depreciation figures, it is extremely difficult to forecast this cost. The operating environment will be harsh on all assets, including human, vehicle, accommodation 515 Other 19 February 2008. Questions

[Deputy Willie O’Dea.] units, personal equipment, radios and generators, to list but a few. It is considered that this type of forecasting will only be viable after the impact of a full deployment in theatre has been concluded. It is not possible at this stage to provide precise figures on the asset value of all equipment being deployed. Defence Forces personnel deployed to Chad will be able to avail of Internet services and telephone communications via satellite. The Defence Forces will provide all personnel with access to a dedicated phone system for communications back to Ireland and all personnel will be provided with monthly liberty call credit. This will ensure that they are able to keep in contact with their families in Ireland on a regular basis. The postal situation, and its roll-out, is yet to be confirmed by the force headquarters. This will probably be a rudimentary system taking into account the very extended lines of communication from home. The full range of welfare services, access to gymnasiums and allied recreational facilities has been provided for in the planning associated with the deployment.

Deputy Jimmy Deenihan: I want to refer to the question in the name of Deputy Richard Bruton as regards medical care facilities. Will the Minister say what level one and level two care is available to the Irish troops? I have asked this question already, but I want some clarity in this regard. As level two care provides for a field hospital, how will injured personnel travel from their own zone to Abeche where the level two hospital will be located? The European Union’s recommended guideline is one hour, but they will not have their own helicopter to do that, in which case it could take two hours. When it comes to level three, which is for very serious casualties, how can the Minister assure the House that such injured personnel can be brought back to Ireland within the recommended timeframe of seven hours? Do we have that capability? I have a large number of questions.

An Leas-Cheann Comhairle: I will come back to the Deputy in one minute, although he has had a minute and a half already. A number of Deputies want to ask questions.

Deputy Willie O’Dea: The level one medical facilities include first aid, immediate life saving measures and triage. Three role two facilities will be available, in N’Djamena, Abeche and Birao in the Central African Republic. That will cover such matters as advanced life support, basic surgery, intensive care with limited patient holding capacity and primary health care. In addition, ancillary laboratory and radiology facilities, a dental unit and other hospital support elements with appropriate ground and air medevac capabilities will support this provision. I have discussed the issue of getting people to role two hospitals with the force commander and he has assured me all the necessary arrangements will be in place in that regard.

Deputy Chris Andrews: I know the Minister has had discussions with Lieutenant General Nash. Will the Minister outline what the force commander views as the main threat to Irish troops? Is the Minister reassured and satisfied as to the safety of Irish troops? Last week, the Minister met with the noted Darfur human rights activist and EU peace prize winner, Salih Osman. I am interested in his comments on that meeting. Finally, he said that this mission would protect refugees. I wonder whether there is any special role in terms of protecting those who are particularly vulnerable to human trafficking.

Deputy Willie O’Dea: This can change, but I am advised that the main threat at the moment are these groups of roving bandits, rather than rebels, who use four-by-four pick-up trucks and operate opportunistically. They are mainly active along the Chad-Sudanese border and tend to come together and dissipate fairly quickly. This is the main threat at the moment. As to whether 516 Other 19 February 2008. Questions

I am satisfied that everything that can be done has been done to ensure the safety of our troops, I am. The Deputy is correct that I met Mr. Osman last week. He informed me of the great respect for Ireland’s peacekeeping record. He said it is absolutely vital that this mission goes ahead on humanitarian grounds, considering the level of suffering and threat to the people in the camps there. He also referred to recent comments by former President Mary Robinson which he welcomed. He also welcomed her visit to the area and her comments to the effect it was imperative that this mission go ahead.

Deputy Brian O’Shea: The Minister has reiterated his belief that every possible measure has been put in place and will be put in place to ensure the security and safety of our troops. He lays emphasis on the fact that this is a mission to protect civilians. An issue I have raised with the Minister in the past is the attempt by the so-called charity, Zoe’s Ark, to take out of the area 103 children who were being presented as orphans. Since I last raised the issue, the court case has happened and sentences are in place. To what extent can the EU force play a positive role in protecting children and preventing any 4 o’clock such attempts being made again to take children out of the country? These children were presented as orphans when it seems clear that they were not and this is quite worrying. I know the situation is chaotic with approximately 400,000 refugees and displaced Chadians in the area. Has the Minister discussed this matter with the force commander and what positive contribution can the force make in this regard?

Deputy Willie O’Dea: As Deputy O’Shea has noted, chaotic hardly begins to describe the situation. I have discussed that specific matter with the force commander. It is my earnest hope that we will be able to make a difference in that regard and that we will be in a position to prevent a recurrence. When Deputy O’Shea raised the question of children, it reminded me that I had not replied to one of the supplementary questions from his predecessor which related to trafficking. My understanding of the situation is that trafficking such as child trafficking is primarily a matter for the authorities in Chad, the Chadian Government, to deal with. It is also my understanding that the UN mandate is sufficiently broad to enable the UN forces to intervene if this activity is brought to their attention.

Deputy Niall Collins: I am mindful of the risks and dangers associated with the mission which our troops are undertaking. However, I do not believe we should be sensationalist and any unfounded claims will only serve to upset or undermine the confidence of the families of those associated with the mission. With that in mind I ask the Minister to state what equipment will be accompanying the troops to Chad. What costs are covered by the estimate of \57 million referred to by the Minister? I ask him to provide a breakdown of the transport costs.

Deputy Willie O’Dea: I agree with Deputy Collins that while we must be conscious of the fact that it is a dangerous mission and we need to keep this to the forefront of our considerations at all times, we do not wish to emphasise it too much out of consideration for the families of those who are going abroad into a very hostile environment. In reply to Deputy Collins’s question about equipment, the force is taking 17 Mowag APCs, four special reconnaissance vehicles, the appropriate supply of heavy machine-guns, the usual supply of indirect fire capabilities such as mortars and various other types of force protection equipment. The force will also take a large amount of construction equipment such as drop trucks and fork-lifts because it will be necessary to do a lot of building out there. A con- 517 Other 19 February 2008. Questions

[Deputy Willie O’Dea.] tainerised medical facility and a containerised maintenance facility will also be brought. I am informed it will take approximately 20 flights to transport the amount of equipment. I indicated to Deputy Deenihan in an earlier reply the breakdown of costs. The cost of transport alone will be \20 million, broken down as follows — a total of \3.8 million for the deployment of the initial entry force; the initial deployment of the main contingent will cost \10 million; rotation flights, \2.4 million; and resupply flights, \3.4 million. This is quite an expensive operation but in my view, the humanitarian situation warrants it.

Deputy John Deasy: I thank the Leas-Cheann Comhairle for allowing me time to ask a question. Last Wednesday the Minister met with General Nash in Paris. Following the meeting it was reported extensively that the mission had been delayed twice because of a lack of medical and logistical resources. The Minister said that all these logistical and medical issues had been resolved. My information is that this is not the case and that this is far from the truth. I refer to the transportation of the main contingent of the Irish troops from the west African coast to Chad. As of now, my information is that no transport arrangements have been made. This mission should have begun last month. No contracts have been signed and as of today, Western Command does not know who will transport its men and equipment from the west African coast to Chad over the course of three or four weeks. A half an hour ago the Minister stated it was General Nash’s responsibility to provide logistical support but it is also this Government’s responsibility to provide that logistical support. As the Minister stated last week, if it is the case that no logistical issues are outstanding, can he tell me who will transport the main contingent of Irish troops from the west African coast to Chad?

Deputy Willie O’Dea: I said last week that General Nash had reassured me that the medical and logistical matters had been sorted out to his satisfaction. He is the force commander——

Deputy John Deasy: So the Minister does not know?

Deputy Willie O’Dea: He is the force commander and I take his word for it. What would the Deputy do in that situation?

Deputy John Deasy: I would ask him.

Deputy Willie O’Dea: I did ask him.

Deputy John Deasy: What was the answer?

Deputy Willie O’Dea: I have already told the Deputy the answer.

An Leas-Cheann Comhairle: Allow the Minister to continue without interruption.

Deputy Willie O’Dea: The Deputy must be deaf as well as everything else. He said, “Yes, they are sorted out”. Can you hear that or do I have to use smaller words for you to understand? He said the matter was sorted out.

An Leas-Cheann Comhairle: The Minister might address his remarks through the Chair.

Deputy Willie O’Dea: General Nash said he was satisfied with the matter. I deplore Deputy Deasy’s attempts—— 518 Other 19 February 2008. Questions

Deputy John Deasy: We are talking about the safety of 400 Irish troops and the Minister does not have a clue.

An Leas-Cheann Comhairle: Allow the Minister without interruption.

Deputy Willie O’Dea: Please ask him to stop interrupting me.

An Leas-Cheann Comhairle: The Deputy must allow the Minister to continue without interruption.

Deputy Willie O’Dea: I deplore Deputy Deasy’s rather shoddy attempts——

Deputy John Deasy: The Minister does not have a clue how they are.

Deputy Willie O’Dea: ——in complete contrast to Deputy Deenihan or Deputy O’Shea, to grab a cheap headline——

Deputy John Deasy: We are talking about the safety of 400 Irish troops.

Deputy Willie O’Dea: The Deputy is trying to grab a cheap headline——

Deputy John Deasy: The Minister does not have a clue.

Deputy Willie O’Dea: ——based on the safety of 400 troops who are going out to a hostile environment. Shame on him. I ask him to withdraw his remarks.

An Leas-Cheann Comhairle: The Minister without interruption.

Deputy Willie O’Dea: I can assure the House everything is in place to transport the troops from where they are landing to the area of operations.

Deputy John Deasy: Tell us who is transporting them so.

Deputy Willie O’Dea: Deputy Deasy is misleading this House. He should stop trying to do that and he should stop trying to grab cheap headlines. This is characteristic of you and it has coloured your whole political career since you came in here in the first place. You should not do it at the expense of people who are going out into a dangerous hostile environment. Show some respect for our troops who are going out to Chad as peacekeepers.

An Leas-Cheann Comhairle: I ask all Members to address their remarks through the Chair and not to engage with one another directly. That is the way orderly debate is conducted in this House and it applies to all Members.

Deputy John Deasy: It is about the safety of Irish troops.

Deputy Willie O’Dea: It is about headlines.

An Leas-Cheann Comhairle: The Deputy might resume his seat.

Deputy John Deasy: The Minister gets personal when he gets cornered.

An Leas-Cheann Comhairle: The Deputy will resume his seat.

Deputy John Deasy: How are the troops going to get from the west African coast to Chad?

Deputy Willie O’Dea: The Deputy should withdraw what he is saying. 519 Other 19 February 2008. Questions

An Leas-Cheann Comhairle: The Minister is not helping the Chair.

Deputy John Deasy: Why does he not answer the question? How will they get from the west African coast to Chad?

An Leas-Cheann Comhairle: I said I would call a final supplementary question from Deputy Deenihan. Does the Deputy wish to put a final question or will we move on to the next question?

Deputy John Deasy: The Minister does not have a clue.

Deputy Willie O’Dea: Someone who is not grabbing headlines.

Deputy John Deasy: Why does he not tell us the answer? He is the Minister and should tell us how they will get to Chad. He does not know.

Deputy Willie O’Dea: By vehicle.

An Leas-Cheann Comhairle: Does Deputy Deenihan have a final supplementary question?

Deputy Jimmy Deenihan: I have.

Deputy John Deasy: Who is bringing them? The Minister does not have a clue.

An Leas-Cheann Comhairle: The Deputy will allow Deputy Deenihan to——

Deputy Willie O’Dea: It is not relevant who is bringing them.

Deputy John Deasy: It is kind of important to know.

Deputy Willie O’Dea: Arrangements have been made.

An Leas-Cheann Comhairle: I ask the Minister to allow the Chair to regulate business.

Deputy Willie O’Dea: All right.

An Leas-Cheann Comhairle: I call Deputy Deenihan to put a final question.

Deputy John Deasy: The Minister does not have an answer, does he?

Deputy Willie O’Dea: The Deputy should not be lying to the House.

Deputy Jimmy Deenihan: There are——

An Leas-Cheann Comhairle: The Minister may not make a charge like that, as he knows. I ask him to please withdraw it or table a substantial motion regarding a Member lying.

Deputy Willie O’Dea: I said——

An Leas-Cheann Comhairle: Will the Minister withdraw his comment?

Deputy Willie O’Dea: I said he was lying to the House, it is true, and I withdraw the comment.

An Leas-Cheann Comhairle: Will the Minister withdraw that remark please? 520 Other 19 February 2008. Questions

Deputy Willie O’Dea: It is true I said he was lying to the House and I withdraw it, yes. Reluctantly.

An Leas-Cheann Comhairle: I thank the Minister.

Deputy Jimmy Deenihan: A Leas Cheann-Comhairle, you took approximately 15 questions together.

An Leas-Cheann Comhairle: I am afraid that is the Minister’s prerogative.

Deputy Jimmy Deenihan: However, we should have time.

An Leas-Cheann Comhairle: The Deputy should ask his supplementary question because we have only a few minutes left.

Deputy Jimmy Deenihan: Regarding our air transport capability, does the fact that the Government is spending approximately \20 million on leasing aircraft not make the case for having our own air transport capability? Owing to the costs involved, which will probably exceed \20 million before the end of the mission in Chad, is it something the Government would seriously consider? Regarding Question No. 131, the Minister mentioned that there is \37 million in the Estimates. The total cost of the mission will be \57 million. From where will the shortfall of \20 million be made up?

Deputy Willie O’Dea: My reply may have been somewhat confusing. When we were given our original estimate we would have been able to provide \20 million from our own resources to Chad. We needed an extra \37 million because the total cost of the mission is \57 million. I am sorry if that was not presented as clearly as it should have been.

Deputy Jimmy Deenihan: Where is that money coming from?

Deputy Willie O’Dea: It is coming from the Defence Forces. There is an increase of 7% in the Defence Forces budget this year over last year.

Deputy Jimmy Deenihan: Will it result in any cutbacks?

Deputy Willie O’Dea: Absolutely not. There is an increase of 7%. We have made the usual provision for expanding accommodation, training, equipment etc. as we have done for several years. Regarding the Deputy’s other point, which he has made before, it appears to make a case for getting our own long-range transportation facility. The Department has considered the matter a number of times and the advice to date is that we have insufficient use to justify the expenditure.

Deputy Jimmy Deenihan: We could use it for humanitarian aid.

Deputy Willie O’Dea: We could, but that would be a joint operation between the Depart- ments of Defence and Foreign Affairs. We are considering the matter in the context of the next ten-year plan for defence, which we will start to consider shortly. At the moment, we have arrangements, as the Deputy knows, with commercial providers in the private sector. Recently another potential provider approached me with a view to being added, which might bring down the cost further. I have passed the name and contact details to officials in the Department.

Deputy Jim O’Keeffe: Apart from the issue of costs, I take it the Minister will have gathered there is certain concern, admittedly expressed in different ways, among Members of this House regarding the safety and security of our troops going to Chad. As one who shares those con- 521 Adjournment 19 February 2008. Debate Matters

[Deputy Jim O’Keeffe.] cerns, could the Minister outline the most up-to-date risk assessment of the situation? Has it been taken into account that the rebels have, as I understand, in recent weeks been reinforced from the other side of the border in Darfur by those who support them? These reinforcements have been financed and encouraged by the Sudanese Government in Khartoum. Does the Minister not accept that the risk situation is quite fluid and the factors there are such that the risks could over a period of time increase substantially? Has all that been taken into account in making the final decision?

Deputy Willie O’Dea: Yes, all that has been taken very much into account. As the Deputy will be aware, we constantly assess the risk. It is not just a question of assessing the risk today and leaving the matter for another three months. The risk is constantly assessed. There is a constant risk assessment operation in place. The Deputy asked whether recent events regarding the alleged regrouping of the rebels had been taken into account.

Deputy Jim O’Keeffe: Reinforcements have crossed the border in recent days.

Deputy Willie O’Dea: Yes. That has all been taken into account.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Ulick Burke — the provision of a new community school in Glenamaddy, County Galway, given that the a site has been acquired, planning obtained, a contractor appointed and bearing in mind the condition of the existing school in the area; (2) Deputy Deirdre Clune — the difficulties schools are experiencing in accessing educational psychologists under the scheme for commissioning psychological assessments; (3) Deputy P. J. Sheehan — the need to restore the Cork to Swansea ferry service; (4) Deputy Tom Sheahan — the need for the Minister to indicate whether mentally handicapped persons and Down’s syndrome sufferers will be included on the list of eligible persons for the disabled drivers and disabled passengers tax concessions scheme (details supplied); (5) Deputy Sea´n Barrett — to discuss the relocation of St. Brigid’s boys national school, Foxrock on an alternative green field site (details supplied); (6) Deputy Aengus O´ Snodaigh — the need to reverse the proposed cut in funding for the speech and language element of the Familiscope service in Ballyfermot, Dublin 10; (7) Deputy Pat Breen — the urgent need for the Minister for Health and Children and the HSE to immediately undertake a review of the provision and delivery of a 24/7 first class ambulance service to the people of County Clare with special focus on proposals to improve the delivery of this service to peripheral areas of the county following three recent incidents where no ambulance was available for the birth of three babies; (8) Deputy Joe Costello — the need for the Minister for Health and Children to ensure that there is full consultation with the organisations representing the elderly on the proposed “fair deal” legislation; (9) Deputy Phil Hogan — the need to provide funding for a new sewerage scheme at Freshford, County Kilkenny; (10) Deputy Paul Connaughton — the proposed new sewerage scheme for Mountbel- lew, County Galway; (11) Deputy Chris Andrews — that the Minister for the Environment, Heritage and Local Government introduce the sale of flats scheme as a matter of urgency; and (12) Deputy Charles Flanagan — to ask the Minister for Transport to take action to resolve the ongoing disruption to commuter train services at Portlaoise which has resulted in the repeated cancellation of the 6.30 a.m. Portlaoise to Dublin train in recent days causing hardship to hundreds of commuters. 522 Leaders’ 19 February 2008. Questions

The matters raised by Deputies Aengus O´ Snodaigh, P. J. Sheehan, Phil Hogan and Paul Connaughton have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: In the past ten years the population of this city has increased by more than 100,000, and the populations of counties Meath and Kildare and the area immediately outside Dublin have increased by another 100,000. Throughout that period, as the Taoiseach will be aware, the space given over to quality bus corridors has been quite limited, with a limited increase in the number of buses provided. Four county managers appeared before last week’s meeting of the Joint Committee on Transport and complained about the lack of space being allocated to quality bus corridors and the lack of buses in their areas. Last Sunday the Minister for Transport, Deputy Dempsey, announced in his usual way that the Government was abandoning its policy of competition on bus routes. The Minister now seems happy for the hard-pressed commuters, who are central to the life of the city, to need to continue to rely on a single bus provider for transport to and from their localities. More important, as the Taoiseach is only too well aware, the outlying areas such as Tallaght, Eden- more, Raheny, and Poppintree, where the service is really not as it should be, are now really caught. The limited competition that has been provided has worked exceptionally well and those who use it are happy about it because it resulted in all public transport providers lifting their game, which is right and proper. Why has the Government turned its back on what has been Government policy for ten years? What is so unique about Dublin Bus that commuters will need to continue to rely on a single bus provider in this city and its outlying areas? If competition has worked so well in airlines, why is it not applied in the case of buses, which would have the interests of the commuter at heart in terms of ease of access, convenience of travel and greater opportunities, allowing the life of the city to thrive?

The Taoiseach: The Government for the past ten years, as Deputy Kenny has said, has continued both to put in more buses — we have 1,100 more buses on the road — and we have continued on certain routes to allow additional licences for private operators. We are committed to seeing the further expansion and enhancement of public bus services. We want to see a top class service delivered to all citizens. As I said when talking about infrastructural issues during Question Time last Wednesday, we are wholeheartedly committed to getting best value for the travelling public and the taxpayer from significant subsidies being invested by the Exchequer in public bus services operated by Dublin Bus and Bus E´ ireann. In order to achieve this we have set out a number of priorities in the programme for government, which contains a commitment to expedite the establishment of the Dublin transport authority. Hopefully that legislation will be before us very soon. It will have the necessary powers to ensure the delivery of an integrated public transport system that was envisioned under Transport 21. These powers of the DTA will not be limited. They will help with a lot of the difficulties that managers have cited concerning corridors and infrastructural projects. That Bill will be before the House in the next few weeks. The programme for Government also includes a commitment to improve bus services under Transport 21 by reforming the bus licensing provisions of the Transport Act 1932, and to facilitate the optimum provision of services by providing a level playing field for all market participants, both public and private. That is the Government’s policy. Proposals for a new bus licensing regime will follow in subsequent legislative proposals. In the meantime, it will be business as usual for all private operators who wish to apply for a licence. There is no change 523 Leaders’ 19 February 2008. Questions

[The Taoiseach.] under the present system whereby, as the Deputy said, there is more competition and many services have been enhanced. That position will continue. In terms of the subvented bus market, which is supported by Exchequer moneys, the Dublin transport authority Bill will set out mechanisms for awarding contracts for this subvention taking into full account the new regime introduced under EU law, which comprises the new regulations of last October. They will become mandatory from the end of December 2009. In addition, the Department will shortly undertake a study of how Dublin Bus organises network planning capacity. In conclusion, there is no change in the system that has been operating for the last ten years but there is a commitment to reform the legislative position under the Transport Act 1932 to ensure the provision of a level playing field for all market participants, both public and private, which is not there at present. Proposals for the new licensing regime will follow in subsequent legislative proposals. Deputy Kenny thought we were rowing back from what is currently there but we are not doing so.

Deputy Olivia Mitchell: We want to go forward.

Deputy Enda Kenny: The Taoiseach is not sure which way it is going.

The Taoiseach: We will amend the Transport Act 1932 in line with the Dublin transport authority Bill. The Deputy is obviously very happy with what is there at the moment but we are not so happy with it.

Deputy Paul Kehoe: The Taoiseach should do something about it.

The Taoiseach: We will do that with the Opposition’s wholehearted support. Therefore the Dublin transport authority Bill will be coming before the House, while the proposed amendment of the 1932 legislation is also under discussion.

Deputy Enda Kenny: The Taoiseach is quite prepared to say anything and hopes to get away with it. He mentioned rowing back and forth but the point is that he has completely abandoned ship. Whoever wrote that answer for him was very selective in the choice of phrases chosen from the programme for Government. First, there are approximately 1,100 buses in total in Dublin, not 1,100 new buses. Second, the Taoiseach is right in saying there is no change — that is why people must wait two years for a licensing decision. Third, the most important and fundamental element of the Dublin transport authority was to regulate competition, yet there will be no such competition now. The ship has been completely abandoned. I remind the Taoiseach of what is in his programme for Government. The author of the Taoiseach’s reply did not say the programme for Government is to “deliver real commuting choice” and specifically to reform bus licensing to facilitate the optimum provision of services by providing a level playing pitch for all market participants. That has been abandoned. In his announcement on Sunday, the Minister, Deputy Noel Dempsey, said we would just have a single provider, with Dublin Bus doing the business from Popintree right around the whole perimeter of the city with a first-class service.

Deputy Noel Dempsey: The Deputy should not believe everything he reads. That is his problem. I did not make any such statement.

Deputy Enda Kenny: The programme for Government has clearly abandoned the element of competition, which has been so good in so many other areas. Uniquely in the bus service, 524 Leaders’ 19 February 2008. Questions however, it will be left to one provider alone. Have we got to a stage where the issue of commuter policy is much more important for the provider than for the consumer? Why has this change of heart by the Minister, on behalf of the Government, occurred? Ten quality bus corridors are currently operating, while another ten are under construction and a further 39 are in the pipeline. The Minister says the Dublin transport authority will be on stream fairly soon, but the competition element has been abandoned and future legislation will deal with all of this. Meanwhile, there are three or four weeks left in this session, following which we will have a relatively short period before the summer recess and the Government will be away again. Has the entire Cabinet given its approval to this change of heart announced by the Minister last Sunday?

The Taoiseach: Three points have been raised and I will try not to confuse what is a simple issue. The Dublin transport authority Bill will be before the House shortly. The Bill is almost ready and will deal with a number of important things including responsibility for the allocation of Exchequer funds, which will give the DTA power to ensure the delivery of priority transport projects. It will have power to contract out services, which will allow for the integration of services and infrastructure, ensuring that bus services are effectively integrated with the metro on its completion. It will have responsibility to deliver public transport infrastructural projects through existing agencies but, should it consider it more efficient and expeditious to do so, it can deliver a project itself. It will have power of direction to ensure delivery of integrated ticketing, passenger information and fares. That Bill is almost ready and will be published shortly. As regards Deputy Kenny’s second point, both he and I have quoted from the programme for Government, which includes a commitment to improve services under Transport 21 by reforming the bus licensing provisions of the Transport Act 1932. The Act is over 75 years old and is generally considered not to be suitable. We stated we would reform that legislation to facilitate the optimum provision of services by providing a level playing field for all market participants, both public and private. That is what the Minister stated the other day and he did not state anything else. Proposals for that new bus licensing regime will follow in subsequent legislative proposals. In the meantime, it will be business as usual for all private operators who wish to apply to the Department of Transport for a licence under the 1932 Act until it is amended. The Minister said it would be open to all market participants, both public and private. If any private operator can show and prove that it can improve and enhance the services Dublin Bus or Bus E´ ireann consider they can do in many instances, it will not be ruled out. Similarly, if the public sector has a view on how it can enhance the service, it should not be automatically ruled out just for the consideration of the private speculative market. That is not what happens at present, so Dublin Bus should be entitled to put its views forward. Those matters will be dealt with in the amendment to the 1932 Act. Up to now, as the Deputy said, people who have a suggestion for a licence are quite liberally dealt with; they can put their case to the Department and seek a licence. That system is working on many routes and has been extended on many routes over the last few years. That is all the Minister stated, so I do not see any issue in that regard.

Deputy Jim O’Keeffe: Does the Minister have the backing of the Cabinet?

Deputy Eamon Gilmore: This week The Irish Times published figures it had obtained under the Freedom of Information Act, which show that prisoners have tested positive for drugs in our prisons some 40,000 times over the past three years. That has occurred in a prison population of 3,200. We are told that in some prisons 75% of the tests carried out have proved positive. In 25,000 of the 40,000 cases we are talking about opiates, including heroin. There is 525 Leaders’ 19 February 2008. Questions

[Deputy Eamon Gilmore.] clearly a major drugs problem in our prisons but it is not a new problem from the Government’s point of view. In 1997, the programme for Government published by the Taoiseach and his colleagues stated:

We will establish a custodial detention centre for convicted drug addicts and remand prisoners who are addicted, with all other prisons to be drug free.

Having failed to deliver on this commitment, the Taoiseach and his colleagues had another go at it in the programme for Government in 2002, which stated: “By the end of 2002, we will publish a plan to completely end all heroin use in Irish prisons.” Having failed for a second time, there was another attempt in the 2007 programme for Government, which gave a commitment to “extend measures to make prisons drugs free”. The Government, over an 11-year period, has promised to make prisons drugs free but what it has delivered is prisons where drugs are freely available. By any standards, its drugs-free policy for prisons has been a failure. Will the Taoiseach explain how so many drugs are getting into prisons in the first place? If the State cannot keep drugs out of prisons, what hope is there of keeping drugs out of our communities? If drugs are available in such quantities in what are supposed to be safe places of detention, how on earth will we keep them out of places of entertainment? How does the Taoiseach respond to a sceptical member of the public who must wonder, given the quantity of drugs in prisons and the numbers of prisoners testing positive for drug use, whether there is not some type of unofficial policy of keeping prisoners drugged and perhaps quietened rather than addressing the use of drugs and access to drugs in prisons?

The Taoiseach: In regard to the figures published yesterday, many of the tests referred to were carried out on prisoners who had just been committed and relate to drug use prior to imprisonment. That should be highlighted.

Deputy Eamon Gilmore: The prison staff must have been up all night testing prisoners.

The Taoiseach: I will explain. It is only since last October that prison staff have the power to carry out random mandatory drug tests on prisoners. This was not previously available and drug testing was, therefore, primarily targeted at those prisoners suspected of taking drugs or who had a known history of drug misuse. The figures should not be taken as an indicator of drug misuse across the wider prison population.

Deputy Emmet Stagg: The figure is 75%.

The Taoiseach: The figures are not representative of all prisoners. Some 500 prisoners are on supervised methadone maintenance programmes at any one time. These prisoners are initially tested at least twice weekly and tend to be tested in any case, even if they have been in prison for some time, at least once a week. This amounts to some 30,000 tests. Thus, the figures include the tests that take place on people who are on supervised methadone treatment. This is not to say there is no problem. I do not wish to downplay it. However, in interpreting the figures, one must allow for these issues. There is a range of other issues involved in this testing that would not be included. There is a drug problem in many of the areas from which prisoners come. It is obvious and inevitable that this will have a knock-on effect in prisons in some cases. We must deal with that problem. 526 Leaders’ 19 February 2008. Questions

An elaborate set of security measures has been put in place to deal with the situation. The drug testing of prisoners began formally last October and it takes place in four circumstances: where requested by the courts in regard to pending proceedings; where prisoners are in drug- free units, institutions or open centres; where prisoners are participating in methadone maintenance programmes; and for management and operational reasons. These are the four categories under which prisoners are tested. The Prison Service policy for keeping drugs out of prisons was launched just under two years ago. This involved the establishment of an external monitoring group which meets regularly to monitor implementation of that strategy. It has set out several steps that are required to get to a position where there will be no drugs in prisons, to provide adequate treatment for those addicted to drugs and to ensure that developments in prisons are linked into the community. This policy involves a multifaceted approach to tackling the problems associated with substance abuse. There is a particular focus on the need to assist prisoners who indicate a serious desire to tackle their drug problem. The methadone treatment programme is one such method of assistance. Specific developments in the area of drug treatment include the provision of 24 addiction counsellors to cover all prisons, the contract for which was awarded to Merchant’s Quay last year. Additional nurse officers have been allocated to dedicated drug treatment teams in prisons. A consultant psychiatrist in addiction and registrar of prisons have been appointed to provide counselling sessions and resources have been allocated to improve the quality, co- ordination and availability of drug treatment programmes. The previous position was that little addiction counselling was available in prisons. We were working on the basis that we had security and that there were no drugs in prisons. This was not a sustainable policy given that we all knew there were. We now have a dedicated staff of addiction counsellors, nurses and consultant psychiatrists to assist prisoners and treat those who are genuinely trying to beat the habit. To eliminate the availability of drugs, we have introduced tough security measures. This is the other side of the issue. We must take the carrot and stick approach. Not everybody wants to accept treatment and partake in rehabilitation. Modern cameras and probe systems are being used to assist in searching for drugs. Security detectors are being used to search persons entering prisons. The security in place is the same as that employed at airports and is thus at a very high level. Previously it involved only random checks.

Deputy Eamon Gilmore: No matter how one interprets the Taoiseach’s answer, we are a long way from the drug-free prisons he promised us 11 years ago, promised for a second time six years ago and then promised us again last year. It seems the Minister for Justice, Equality and Law Reform and his Department are not on top of the situation. For example, my colleague, Deputy Tuffy, asked a question of the Minister earlier this month about the quantity and value of drugs seized in prisons in the last five years. The Minister replied:

An accurate breakdown of statistics as requested by the Deputy is not available without the manual examination of records going back over a considerable time period.

The Minister further stated that such an examination “would require a disproportionate and inordinate amount of staff time”. In other words, the Department does not know the quantity and value of drugs seized in prisons in the last five years.

Deputy Pa´draic McCormack: It is not much.

Deputy Eamon Gilmore: The Taoiseach spoke about everything from nurses and consultant psychiatrists to airport security being introduced in prisons to address the problem. Will he 527 Requests to move Adjournment of 19 February 2008. Da´il under Standing Order 32

[Deputy Eamon Gilmore.] consider allowing prison officers to arrest a person bringing drugs into prison? We have an absurd situation where a prison officer cannot arrest a visitor who is discovered bringing in drugs for a prisoner. Unless gardaı´ are available or come quickly enough, these people must be released. I suggest this as a start to tackling the problem of large quantities of drugs being brought into prisons on a regular basis.

The Taoiseach: On the last point, I understand there were industrial relations difficulties which have since been ironed out. Prison officers are now co-operating with the new security arrangements. I assume I am referring to the same issue as that raised by the Deputy. If not, I will check that for him.

Deputy Eamon Gilmore: Prison officers do not have the power of arrest. They cannot detain visitors bringing drugs into prisons.

The Taoiseach: I am not sure of the legal consequences of that. There was a difficulty with prisons officers operating the new security arrangements. I understand that was an industrial relations issue which has since been resolved.

Deputy Charles Flanagan: That has nothing to do with it. The Taoiseach is blaming the prison officers, which is unfair.

The Taoiseach: What is the Deputy talking about? Nobody is blaming anyone.

Deputy Charles Flanagan: It is unfair. The Taoiseach should look nearer to home.

The Taoiseach: I mentioned an industrial relations issue that has been ironed out. I gave the list of the preventative issues that are taking place. In fairness, 500 of this country’s 3,000 prisoners are on methadone treatment. They are being tested. One cannot move to any of the open-end prisons without having been tested and found to be drug free. Substantial moves are being made in that area. We also need to focus on the security area, which is the other side of it, as part of the carrot and stick approach. We are providing for mandatory drug testing and studying trends of drug misuse. Prisons are using dogs to do searches on a daily basis. More than 30 people are directly involved in that in our prisons. Prisons are using security screens like those used in airports to check if people coming in and out are carrying drugs. Let us be honest, many of those who visit prisoners use imaginative and hard to detect ways of carrying drugs in and out of prisons. The only way to counteract such behaviour is to use sophisticated technology. Prisons are taking many other measures in respect of staffing and visitors etc. We would have said a few years ago that such methods were not needed in prisons. That is one side of it. The other side is to try to help prisoners to break the habit by giving them a chance to do so while they are in prison. They should be able to avail of the advice of those who can assist them, such as addiction counsellors and consultant psychiatrists. We can use heavy-handed security measures on those who choose not to look for help. Both of those approaches are in operation. I am not saying there is no difficulty. A section of the prison population and a section of those who visit prisoners go to extraordinary lengths to bring drugs into our prisons.

Requests to move Adjournment of Da´il under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. 528 Order of 19 February 2008. Business

Deputy Paul Connaughton: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the need for the Minister for Education and Science to explain why the proposed new community college in Glenamaddy, County Galway, has not commenced construction despite the fact that the school authorities have been informed that all stages have been successfully concluded and that the builder is awaiting a letter of intent; to tell the House whether she is aware of the utter confusion being caused by the use by the staff and students of the college of two existing schools which are almost half a mile apart; to bear in mind that the amalgamation project was commenced in 2002; and to inform the House when the go-ahead for the project will be given.

Deputy Charles Flanagan: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of urgent national importance, namely, the need for the Minister for Justice, Equality and Law Reform to facilitate a short debate on the recent report highlighting the total failure of the Government’s policy on drugs in prisons and to provide for greater and more consistent availability of detox programmes and enhanced prison security.

Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the delay in bringing rape and murder cases to trial, given that the average waiting time in 2007 was seven months, which was approximately a month longer than in 2006.

Deputy Thomas P. Broughan: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the need for the Minister for the Enterprise, Trade and Employment to ensure that the State’s industrial relations machinery urgently inter- venes to find a resolution to the industrial action taking place at the Novum manufacturing plant in the Clonshaugh industrial estate, Dublin 17, in light of the role of the company in continuing traditional manufacturing in north Dublin and its importance in providing valuable employment in the north Coolock area.

Deputy Ciara´n Lynch: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance and public interest, namely, the failure of the State to execute bench warrants on 36,000 suspected criminals, including nine suspected rapists, who are at large and pose a significant threat to people in communities throughout the country, and whose bench warrants go back as far as 1999.

An Ceann Comhairle: Having given the matters full consideration, I do not consider them to be in order under Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 7, motion re proposed approval by Da´il E´ ireann of a Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences (back from committee); No. 8, motion re referral to joint committee of proposed approval by Da´il E´ ireann of a proposal that section 17A of the Diseases of Animals Act 1966 shall continue in force for the period ending on 8 March 2009; No. 9, Finance Bill 2008 — Financial Resolutions; No. 15, Passports Bill 2007 — Order for Report, Report and Final Stages; and No. 2, Motor Vehicle (Duties and Licences) Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 7, 8 and 9 shall be decided without debate and, in the case of No. 9, Financial Resolutions Nos. 1 to 4 shall be moved together and decided by one question which shall be put from the Chair. Private Members’ business shall be No. 29, motion re agency workers. 529 Order of 19 February 2008. Business

An Ceann Comhairle: There is one proposal to be put to the House. Is the proposal for dealing with Nos. 7, 8 and 9 without debate agreed? Agreed.

Deputy Enda Kenny: I repeat my call for the presence of the Green Party in this House. The party has two Ministers, a Minister of State and three other Deputies, but none of them is present in the Chamber. This is a continual problem with the Green Party. I note that the Progressive Democrats Deputies are also absent, which is a complete insult to the House in the way it does its business.

Deputy James Bannon: There are just two of them anyway.

Deputy Enda Kenny: I do not care, they should be here.

Deputy Timmy Dooley: I do not see too many Opposition Deputies here.

Deputy Caoimhghı´nO´ Caola´in: Deputy Finian McGrath is here.

Deputy Enda Kenny: I do not know what side of the House Deputy Finian McGrath is on today.

Deputy Paul Kehoe: Deputy Dooley will not be in the newspaper this week. He was in it last week so he is okay.

Deputy Timmy Dooley: If he wishes, I can explain to Deputy Kehoe how to get in the newspapers.

Deputy Enda Kenny: I ask the Taoiseach to ensure that the members of the Cabinet come to the House for the Order of Business. When the Taoiseach was first appointed to the Cabinet, it was obligatory for Ministers to come to the House for the Order of Business unless they were on Government business. I would like to ask the Taoiseach about the comments he made on the Finance Bill on Friday, 8 February last. On that occasion, he appeared to downgrade the Government’s forecast for economic growth to 2.5%. The Minister for Finance claimed in his budget that our economic growth would be 3% in GDP terms and 2.8% in GNP terms. In light of the latest EU economic report, can the Taoiseach clarify the Government’s forecast for economic growth in 2008 in the context of the Finance Bill that is currently being considered? The Speaker of the US House of Representatives, Ms Nancy Pelosi, was involved last week in a number of discussions within the Democratic caucus about limited immigration. I assume the Taoiseach is due to go to the US for St. Patrick’s Day and subsequently to address the US Congress. The Minister for Foreign Affairs wrote to me recently to tell me that the Irish ambassador in Washington is engaged in continuous negotiations with American representatives about the undocumented Irish. Congressman Shuler has proposed the SAVE Act — HR 4008 — to require the mandatory deportation of 11 million people from the US. Are efforts being made by the Government to build on Speaker Pelosi’s high level talks last week and to bring about limited immigration reform, arising from the decision that was made here? I am delighted the Minister for happy families is back in the country again.

Deputy Mary Hanafin: I am the Minister for happy schools, not families.

Deputy Enda Kenny: She should be interested in happy schools, families and students.

Deputy Willie O’Dea: Deputy Kenny never gets it right. 530 Order of 19 February 2008. Business

Deputy Sea´n Connick: It is disgraceful.

Deputy Enda Kenny: The Minister for Education and Science chose to turn her back on the parents of autistic children last week when she was absent for a vote in this Chamber.

An Ceann Comhairle: All the items raised by Deputy Kenny so far today are out of order.

Deputy Mary Hanafin: The Deputy has just been talking about Irish immigrants in the US so it is hypocritical of him to complain about my visit to that country.

Deputy Enda Kenny: The Minister made a choice.

An Ceann Comhairle: I have to stay within Standing Orders. I have to try to run the place within Standing Orders.

Deputy Enda Kenny: I want to ask the Taoiseach a question about the Education for Persons with Special Educational Needs Act 2004. The Minister, Deputy Hanafin, informed me that parents are entitled to appeal a decision when a psychological assessment has been given by a trained psychologist.

An Ceann Comhairle: That is not promised legislation.

Deputy Enda Kenny: Will the Ceann Comhairle let me finish?

An Ceann Comhairle: I will.

Deputy Enda Kenny: I am rarely out of order. The Ceann Comhairle has rarely been out of order since his first day in the job.

An Ceann Comhairle: The Deputy’s second statement is correct.

Deputy Enda Kenny: He has made a lot of progress. The Minister said that parents could appeal decisions. No appeals system is in place because a section of the 2004 Act has not been commenced. Can I get a report from the Taoiseach on when the sections of the Act which have not been commenced will be commenced? When will the Act be effective? A total of 150 cases are backed up in the High Court. I was informed by a parent last week that he has spent \250,000 on furniture replacement and private education for his autistic child.

The Taoiseach: Legislation is long passed and its full implementation is due by October 2010. The appeals mechanism is in place.

Deputies: It is not.

The Taoiseach: The appeals board is in place.

Deputy Olivia Mitchell: If one cannot secure an assessment, how can one make an appeal?

Deputy Eamon Gilmore: There are some tidings of the missing Greens. Like the first cuckoo of the year, my constituency colleague, Deputy Cuffe, was spotted yesterday. According to a newspaper report, he addressed the issue of same sex marriage——

An Ceann Comhairle: That is not in order.

Deputy Eamon Gilmore: ——and he had something interesting to say on the promised civil partnership Bill. He stated “At the end of the day, politically it boils down to six versus 78?”. 531 Order of 19 February 2008. Business

[Deputy Eamon Gilmore.] Is there a problem in Government with that Bill? The Government promised the heads of the Bill would be drafted before March. With two weeks to go, when are we likely to see them? Is Deputy Cuffe mistaken about his calculation of the level of support in Government for the legislation? I would like to raise the transfer of parliamentary questions by the Taoiseach. I tabled three questions to him relating to various matters under the Interception of Postal Packets and Tele- communications Messages (Regulation) Act 1993 and the position of the High Court judge and complaints referee established under the Act who reports to the Taoiseach. The Taoiseach transferred the three questions to the Minister for Justice, Equality and Law Reform. However, on 25 April last, the Taoiseach replied to my predecessor who tabled identical questions to those he transferred. Why is he not prepared to give me an answer to questions he was quite happy to reply to a number of months ago to my predecessor?

An Ceann Comhairle: The issue of parliamentary questions is not in order on the Order of Business. That is the prerequisite of the Taoiseach. I call the Taoiseach on the civil partnership Bill.

The Taoiseach: The civil partnership Bill will provide for a system of registration of same sex partnerships and certain legal protections for them and cohabitants. The draft heads are under preparation and have not been completed by the Department of Justice, Equality and Law Reform but the legislation is due this year.

Deputy Eamon Gilmore: What about my questions?

The Taoiseach: I will check that. I did not know.

Deputy Caoimhghı´nO´ Caola´in: I recently raised with the Taoiseach the plight of almost 50,000 families on local authority housing waiting lists. There is a signalled delay in the introduction of the social housing (miscellaneous provisions) Bill, which had been promised for early 2008, as the recently published legislative programme states it will be published in mid- 2008. Many families and individuals of senior years for whom there is no provision of social and affordable housing face a serious situation. In light of that, will the Taoiseach bring forward the Bill to be addressed in the House before Easter?

The Taoiseach: The heads of the Bill are complete and it has been sent for drafting. It is due in the middle of the year so it will not be published in this session.

Deputy Ruairı´ Quinn: A Cheann Comhairle, I am aware that your office has no responsibility for the replies given by Ministers to parliamentary questions but, as Ceann Comhairle, you have a responsibility to protect our rights, and one of the fundamental rights of an Opposition Deputy is to hold the Government to account. What do we do when the Minister for Education and Science gives answers to questions which, if given in the junior or leaving certificate examinations, would be marked as a massive failure because she avoids or refuses to answer them?

Deputies: Hear, hear

Deputy Ruairı´ Quinn: What redress do we have? There will be one period of Oral Questions to the Minister for Education and Science this session. Every other opportunity we have to ask questions is by way of written reply. I invite the Ceann Comhairle’s office to examine the replies. In many questions with four component parts, one receives a reply to one with the 532 Order of 19 February 2008. Business other three being totally disregarded. What is the Minister trying to hide? How can we do our job of holding the Government to account?

An Ceann Comhairle: The Deputy will be well aware the Chair has no responsibility for the replies of a given Minister or the Taoiseach and has no input whatsoever into it. It is possible, however, for the Deputy to raise this matter on the Adjournment, if he so wishes, and we will try to give it sympathetic consideration.

Deputy Ruairı´ Quinn: Will you consider this point? I accept you have no responsibility for the content of the reply but, surely, you have some responsibility for a refusal to give any reply to a specific question. There is a distinction.

An Ceann Comhairle: Unfortunately, there is a long-standing precedent that the Chair has no input in the reply a Minister or the Taoiseach gives and cannot make him or her reply to any question. It is as plain and simple as that but if the Deputy wishes to raise the matter on the Adjournment, he may do so.

Deputy Ruairı´ Quinn: There is a long-standing precedent that Ministers answer questions put to them.

Deputy Jan O’Sullivan: Rebecca O’Malley was informed yesterday that the report on HIQA’s inquiry into her misdiagnosis has been deferred again until the end of March. This is one of five reports we are awaiting regarding misdiagnosis of cancer. The Ceann Comhairle feels I should not raise this but it has been raised on many occasions. The Taoiseach has assured us these reports would come out.

An Ceann Comhairle: Unfortunately, it is out of my hands. It is not my fault.

Deputy Jan O’Sullivan: It is a question of balance of rights between the patient and people who have legal rights in this regard. Patients are entitled to be informed and this delay is entirely unacceptable. I raise this in the context of the health information Bill.

An Ceann Comhairle: If the Deputy has a question on the Bill, that is fine.

Deputy Jan O’Sullivan: It is about a patient’s right to know what is going on. In this case, Rebecca O’Malley has again been told she must wait.

The Taoiseach: I do not have a date for the legislation.

Deputy Thomas P. Broughan: With regard to the Taoiseach’s earlier oblique or opaque answers—Iamnotsure which — on public transport, are we awaiting two Bills, the Dublin transport authority Bill and a separate Bill on transport licensing? A public transport regulation Bill is expected next year. Will the Taoiseach clarify what he said, which is apparently different from what the Minister for Transport has been saying? Is it intended to bring forward a foreshore or coastal management Bill?

The Taoiseach: The DTA legislation, as I said a short time ago, will be available shortly. The reform of the 1932 Act is due. It is a separate Bill.

Deputy Thomas P. Broughan: That is not on the cla´r.

Deputy Noel Dempsey: It will follow the DRA legislation.

The Taoiseach: It will be some time. There is no date for the foreshore (amendment) Bill. 533 Order of 19 February 2008. Business

Deputy James Bannon: In light of publication of the report, Model Architectural Service Structures for Local Authority, which found that 16 out of 34 local authorities employ the recommended number of architects, when will legislation be introduced to provide for an architectural services department in all local authorities, as recommended in the report?

An Ceann Comhairle: Is legislation promised?

The Taoiseach: I do not have specific legislation.

Deputy Charles Flanagan: I refer to the issue of drugs in prison. I am disappointed the Ceann Comhairle neglected to allow a debate on this important issue today. Under promised legislation, I remind the Taoiseach that the Cabinet has agreed the heads of the prison development approval (confirmation) Bill, which is necessary for the acquisition of the 5 o’clock Thornton Hall lands and complex to facilitate development there. The legislation is listed for publication in mid-2008. The heads have been agreed for some time and it is not the most technical or broad-based legislation. There is a delay and there is no great reason the legislation should not be brought forward as a matter of urgency, having regard to the new prison building consequent on it. Rather than blaming prison officers for this issue, which the Taoiseach seemed to do in reply to questions by Deputy Gilmore, he might remind the House of the requirement that at least one member of the Garda Sı´ocha´na be present outside each prison and institution of custody on all occasions. Perhaps that is the answer, rather than blaming prison officers. When will this legislation be published to allow us address these issues and deal with this problem?

An Ceann Comhairle: The Taoiseach on the legislation.

The Taoiseach: I will speak on the legislation but I did not blame the prison officers. I gave that answer to the Deputy twice. I said that it was an industrial relations issue which had been resolved. The Deputy has a point about the prison development Bill because I understand there are only two heads to it. I will inquire about it.

Deputy Kathleen Lynch: The Taoiseach made his reputation on the basis of being an excellent negotiator who is able to resolve disputes. I am not referring to the dispute in Cork.

Deputy Tom Kitt: Which one?

Deputy Simon Coveney: He might resolve the airport dispute rather than leave it to an outsider.

Deputy Kathleen Lynch: On that basis, has the Taoiseach any intention of getting involved in the dispute between the HSE and pharmacists? Significant concerns have arisen on the issue among people who are dependent on this service and we are approaching the 1 March deadline.

An Ceann Comhairle: We cannot become embroiled in that matter.

Deputy Kathleen Lynch: I urge the Taoiseach to do something about it.

534 Finance Bill 2008: 19 February 2008. Financial Resolutions

Council Framework Decision: Motion. Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): I move:

That Da´il E´ ireann approves the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure:

a proposal for a Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving the deprivation of liberty for the purpose of their enforcement in the European Union,

a copy of which proposed measure was laid before Da´il E´ ireann on 25th January, 2008.

Question put and agreed to.

Referral to Joint Committee: Motion. Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): I move:

That the proposal that Da´il E´ ireann resolves that section 17A (inserted by section 2(1) of the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966) shall continue in force for the period ending on 8th March, 2009, be referred to the Joint Committee on Agriculture and Food, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 6th March, 2008, shall send a message to the Da´il in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Finance Bill 2008: Financial Resolutions. Minister for Social and Family Affairs (Deputy Martin Cullen): I move the following Finan- cial Resolutions:

1. THAT Part 19 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the principal provisions in relation to the calculation of chargeable gains, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

2. THAT the following provisions of the Finance Bill 2008 as initiated, namely:

(a) section 77, which relates to the amendment of section 1 (interpretation) of Value- Added Tax Act 1972,

(b) section 80, which relates to the amendment of section 4 (special provisions in relation to the supply of immovable goods) of Value-Added Tax Act 1972,

(d) section 84, which relates to the amendment of section 7 (waiver of exemption) of Value-Added Tax Act 1972,

(e) section 85, which relates to options to tax lettings of immovable goods, etc., and

(f) section 91, which relates to capital goods scheme, 535 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Martin Cullen.]

be each amended in the manner and to the extent specified in the Act giving effect to this Resolution.

3. THAT section 448 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the rules for calculating relief from corporation tax referable to companies’ income from the sale of goods (“manufacturing relief”), be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

4. THAT section 811A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to protective notifications and provides for a surcharge and interest to be paid by a person where an amount of tax is payable by that person on foot of an opinion of the Revenue Commissioners that a transaction is a tax avoidance transaction under section 811 having become final and conclusive, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

Passports Bill 2007: Order for Report Stage. Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): I move: “That Report Stage be taken now.”

Question put and agreed to.

Passports Bill 2007: Report and Final Stages. An Ceann Comhairle: Amendment No. 1 is in the name of Deputy O´ Snodaigh and amendment No. 19 is related. Amendments Nos. 1 and 19 may be discussed together.

Amendment No. 1 not moved.

Deputy Kathleen Lynch: I move amendment No. 2:

In page 4, line 11, after “2004” to insert the following:

“or the corresponding provision of any statute repealed by that Act”.

This is a technical amendment. If the corresponding section is not rectified, all birth certificates issued prior to the Civil Registration Act 2004 will be defective. The Minister of State at the Department of Foreign Affairs promised to revisit the issue on Report Stage. This straight- forward amendment would avoid problems in the future. The Bill is quite technical, so it is best to resolve difficulties now before people making applications find they do not qualify as a result of flaws in the legislation.

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): I have been advised by the Office of the Attorney General that amendment No. 2 is unnecessary because section 5 of the Civil Registration Act 2004 deals with the points raised. Section 5 of that Act states that in so far as any certificate issued under an enactment repealed by section 4 of the same Act could have been issued under a corresponding provision of the Act, it shall not be invalidated by the repeals effected by section 4 but shall have effect as if issued under that corresponding provision. Accordingly, it is not necessary to provide a saver in respect of certificates of birth issued under any legislation prior to the 2004 Act. I do not propose to accept the amendment. 536 Passports Bill 2007: 19 February 2008. Report and Final Stages

Amendment put and declared lost.

An Ceann Comhairle: Amendments Nos. 3, 26 and 34 are related and may be taken together.

Deputy Kathleen Lynch: I move amendment No. 3:

In page 5, line 5, after “Act” to insert the following:

”and for the purposes of sections 18(2)to(5), 20 and 26 includes a passport issued by the Minister before the commencement of sections 6 and 7 that has ceased to be valid”.

If we are not absolutely certain on legislation, problems may arise subsequently. I am sure the Minister of State has received advice. This amendment deals with the surrendering of old passports. Problems could arise in respect of lost or mislaid passports or where people are unable to produce them for other reasons. The amendment would make the wording of the section more absolute. There can be flexibility in all other things but legislation should be absolute.

Deputy Michael P. Kitt: I am grateful to Deputies Higgins and Lynch for drawing attention on Committee Stage to the possibility of a loophole involving passports which have expired prior to the commencement of the Act. I undertook on Committee Stage to consider the matter further and to revert to the House on it. My officials have since consulted the Office of the Director for Public Prosecutions and the Office of Parliamentary Counsel on how best to close the loophole. Government amendments to this effect are proposed in respect of sections 18, 20 and 21. These amendments are similar to the approach taken in amendment No. 3 and, if adopted, will ensure there is power to prosecute offences involving passports that expired prior to the commencement of the Act. The Office of Parliamentary Counsel has advised that it would be desirable to locate the amendments in the relevant sections later in the Bill rather than in section 2. Accordingly, I ask Deputy Lynch to withdraw her amendment and to agree to the Government amendments.

Amendment, by leave, withdrawn.

Amendments Nos. 4 to 6, inclusive, not moved.

An Ceann Comhairle: Amendments Nos. 7 to 9, inclusive, are related and may be taken together.

Deputy Billy Timmins: I move amendment No. 7:

In page 6, line 4, to delete “may” and substitute “shall”.

I raised this issue on Second and Committee Stages. One of the difficulties we witnessed in Chad when children were being exported or transferred to France was that nobody could identify them. I do not infer that such a situation will arise here but I cannot see why we are not issued with a passport at birth, which is the case for birth certificates. Knowingly or otherwise, my intention was misinterpreted by some speakers on Second Stage. A week-old child can get a passport lasting three or five years. We would be able to track people and it would help to maintain the electoral register because people could automatically be included on it. Adoption of my amendment would bring great administrative benefits. Cattle and even donkeys get passports on birth, yet we will not give them to our children. I ask the 537 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Billy Timmins.] Minister of State to consider the issue because I have not heard any good reason for not including my amendment in the Bill.

An Ceann Comhairle: Would we recognise Deputy Timmins from his infant passport?

Deputy Kathleen Lynch: He has not changed one bit.

Deputy Billy Timmins: With the stress inflicted on me by the Ceann Comhairle, I change from day to day.

Deputy Michael P. Kitt: The Bill permits a citizen to apply for a passport under section 6(1). Similarly, section 6(3) permits the making of an application by a parent or guardian on behalf of a child. Having provided for the right to make an application, section 6(2) requires applications to be made in such form and to be accompanied by such information and documents as may be required. In other words, a citizen can choose whether to apply for a passport. If he or she chooses to do so, the application must satisfy a number of mandatory requirements. Accepting the proposed amendments could make it mandatory for a citizen or, in the case of a child, the guardian of a citizen to apply for a passport. Citizens have the right to hold passports but are not and should not be obliged to apply for them. I do not propose to accept the amendments.

Deputy Billy Timmins: The term “mandatory” could give rise to difficulties. However, it is mandatory for farmers to obtain passports for newly born calves so surely it should be possible to have the same apply in respect of children. I will not press the amendment but I foresee that a more enlightened Administration will bring in the measure in time.

Amendment, by leave, withdrawn.

Amendments Nos. 8 to 12, inclusive, not moved.

Deputy Alan Shatter: I move amendment No. 13:

In page 8, line 24, to delete “may” and substitute “shall”.

I congratulate the Minister for Foreign Affairs on including this provision in the Bill. The provision is important because it recognises reality in this area, particularly for individuals who find themselves in a position of what the Bill refers to as “gender reassignment”. In circumstances where a person has changed gender from male to female or vice versa, the provision confers on the Minister discretion to issue a passport based on the new gender that individual is recognised as possessing. This is a welcome provision and it shows the Minister for Foreign Affairs recognises that, to date, Ireland has been in breach on the European Convention on Human Rights in respect of this matter. The amendment proposes that instead of his having a discretion to recognise the position of what are known as transgendered persons, the Minister will have an obligation to do so. That is why I propose to substitute the word “shall” for that of “may”. I hope the amendment will be taken on board. In my view it is the intention of the Minister for Foreign Affairs to give to transgendered persons the recognition they are seeking. It is hugely anomalous that we will be in a position to issue passports to people who may be described as male, while they may only be able to obtain birth certificates which describe them as female or vice versa. Mr. Justice McKechnie, in a case involving Dr. Lydia Foy, handed down a judgment some time ago which stated that, in so far as transgendered persons cannot 538 Passports Bill 2007: 19 February 2008. Report and Final Stages obtain new certificates of a similar nature to those allowed under the Gender Recognition Act in England, our law is in violation of the European Convention on Human Rights. The Govern- ment was invited to indicate that it would address the issue. The matter arose again in the High Court last week, some time after the delivery of the main judgment in which the formal orders were drawn up. For the first time a decision was delivered by the Irish courts — under the legislation which allows them to consider the European Convention on Human Rights — to the effect that the State is in violation of Article 8 of the European Convention on Human Rights. I welcome the change the Minister for Foreign Affairs is making. However, my opinion is that the provision should be obligatory and not discretionary in nature. The Minister of State, Deputy Michael Kitt, has seisin of the Bill and I suggest to him that those in Cabinet with responsibility for the birth registration laws should ensure that we have compatible legislation in that area. This would allow transgendered persons to obtain new certificates detailing their gender, thereby allowing them to secure identity documents and birth certificates reflecting their new sexual identities. Under the Gender Recognition Act in Britain, this does not affect the original birth certificate or a marriage certificate. However, it allows the state, in its records, to recognise the new reality in respect of individuals living within its borders and it allows them to obtain documentation which reflects that reality. The Passport Bill is welcome because it reflects the reality to which I refer. However, it will cast a stark light on the peculiar circumstances in which people will themselves be described on their passports as female and in the only certificates they can obtain relating to their births as male, or vice versa. Will the Minister of State take on board the amendment? In my opinion, it is the intention of the Minister for Foreign Affairs to implement the legislation in the way I have outlined. His doing so will give solace to the small number of people in the transgender community. Will the Minister of State ask the Minister to draw to the attention of Cabinet members that we will have a major anomaly whereby our passport legislation will recognise reality but where our birth registration laws will be blind to it? This issue was addressed by the introduction of specific legislation in the United Kingdom. In his judgment, Mr. Justice McKechnie invited the Government to bring the State into line with the European convention by introducing similar legislation. The Government has not given priority to introducing such legislation. In the context of the court decision and the Bill before us, we should bring all legislation in this country into alignment with the convention in order to reflect the factual reality of the gender of those who seek services and certification from the State which, for different reasons, they will need as they go through life.

Deputy Michael P. Kitt: Where an applicant meets the requirements set out in the legislation in respect of identity and citizenship, the Minister will issue a passport. However, the Bill does not make issuing a passport a mandatory requirement. If the amendment were accepted, section 11 would be the only circumstance in which the Bill obliged the Minister to issue a passport. In the interest of ensuring consistency with other sections, it is preferable that the existing wording be retained. I assure the Deputy that when the requirements of section 11 are met, the Minister will issue a passport in the new name and sex of the applicant. I cannot accept the amendment.

Deputy Alan Shatter: Will the Minister of State respond in respect of the anomaly I mentioned but to which his script may not contain reference? It is anomalous that the Department of Foreign Affairs would recognise someone as being of female gender, while the Department of Health and Children or the HSE may insist that said person is a male. That is quite an odd position for the State to occupy, particularly in light of the High Court judgment handed down 539 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Alan Shatter.] before Christmas. As already stated, this matter was again dealt with by the courts last week. In those proceedings, the State was represented by the Office of the Attorney General. Will the Minister of State shed some light on what, if any, action the State intends to take in respect of this issue? Is the State going to appeal the High Court decision to the Supreme Court? I hope it will not because if it does, it is unlikely to succeed. If it did succeed, the matter would end up before the European Court of Human Rights. They would come to their own conclusion, which I believe would be in line with Mr. Justice McKechnie’s decision. I welcome what is in the Passports Bill and accept the Minister of State’s explanation for not amending it. It is anomalous that two different Departments might regard the same individual as having a different gender. This goes back in our courts to 2002, when this litigation first came to prominence. I suggest to the Minister of State that the time has come to rectify the matter. What is being done in the Passports Bill is praiseworthy but it highlights the anomaly. It is not unreasonable that the Minister of State should respond to that, even if he does not have a departmental note on it.

Deputy Michael P. Kitt: I can discuss the matter with other Ministers who would deal more directly with the matter. We are dealing with the administration of the passport system. With regard to the points raised by Deputy Shatter, this was a case prior to the Foy judgment, which recognised the distinction between a travel document and a birth certificate.

Deputy Alan Shatter: It did not recognise that people would be referred to as having a different gender, depending on the document.

Deputy Michael P. Kitt: That is the case, which the Deputy knows.

Deputy Alan Shatter: We should tidy this up.

Deputy Michael P. Kitt: That has been the long-standing practice of the Passport Office in connection with passport applications by persons who have undergone or are undergoing treatment or procedures to alter their sexual characteristics. With regard to words like “may” and “shall”, section 11 would be the only circumstance in which the Bill obliges a Minister to issue a passport if we accepted the amendment.

Deputy Alan Shatter: I accept that.

Deputy Michael P. Kitt: The word “may” is used in every other positive way and “shall” is used with “shall not” with negative issues.

Deputy Alan Shatter: I accept all of that. I am asking the Government to address the birth certificate issue, as it has addressed the matter with passports.

Deputy Michael P. Kitt: I have explained the case of recognising the distinction between travel and birth cert to the Deputy. I can discuss the issue with my colleagues but I cannot give the Deputy a response today in the Da´il.

Deputy Alan Shatter: Does the Minister of State not believe it illogical that one document issued by the Department of Foreign Affairs describes a person as female and one issued by the Department of Health and Children would describe the person as male? Is it not an anomaly we should address? 540 Passports Bill 2007: 19 February 2008. Report and Final Stages

Deputy Michael P. Kitt: I am dealing with the administration of the Passport Office and we have thrashed that out on Second Stage.

Deputy Alan Shatter: The Minister of State is representing the Government.

Amendment, by leave, withdrawn.

An Ceann Comhairle: Amendment Nos. 14, 15, and 17 are related and will be discussed together.

Deputy Alan Shatter: I move amendment No. 14:

In page 9, to delete line 8.

Amendments Nos. 14 and 15 relate to the circumstances under which the Minister can refuse to issue a passport. We dealt with the matter at some length on Committee Stage and I hoped the Minister would return with some amendments to the section. There are various circumstances under which the Minister can refuse to issue a passport, with the first being blindingly obvious. If the Minister is not satisfied a person is an Irish citizen, a passport will not issue. That is obvious and there is no difficulty with it. If the Minister is not satisfied about a person’s identity, a passport will not issue either, which is common sense. Under section 12(1)(c), a provision indicates the Minister may not issue a passport if “the person would be likely in the opinion of the Minister, after consultation, where appropriate, with the Minister for Justice, Equality and Law Reform or the Minister for Defence or both, to engage in” various types of conduct. The first type of conduct which can result in a refusal to grant a passport is if that person “might prejudice national security or the security of another state”. If we believed somebody in Ireland to be a terrorist looking for a passport, and we had sound evidence to suggest that if that person went to another state he or she might blow him or herself up with other people, blow up other people or shoot others, it is reasonable that the State would not issue a passport. Another provision is if we believe a person “might endanger public safety or order,” a passport will not be issued. That is reasonable in circumstances where if a passport is not issued, there is an appeals system. That was originally absent from the Bill but we have that because of matters raised on Second Stage. It is an imperfect system and I will come back to it. I am concerned about two other provisions in section 12(1)(c). We can refuse a passport if we believe it “would be contrary to the common good”. I assume this refers to a person being given a passport. I propose we delete the words “would be contrary to the common good”. I ask the Minister of State to give examples of what is meant by that phrase. Will he provide three or four examples of the circumstances in which a passport would be witheld on the basis of a belief it would be contrary to the common good to issue one? It seems to be an extraordi- narily wide phrase. It is reminiscent of the approach taken by the old Soviet Union and still taken in China. If people go abroad and are critical of the state or government there, it would be perceived as being contrary to the common good in those countries. A variety of other countries have a similar view of the world. The Iranians are not too enthusiastic in allowing people go abroad who might be critical of Iran and Syrians do not greet that sort of conduct with great enthusi- asm. In Myanmar they do not want people either at home or abroad to be critical. There is a variety of totalitarian countries that curtail the freedoms of their citizens within their borders and the freedom of citizens to leave the state on the basis that if they leave, those people may make a statement critical of the state, contrary to the common good. I do not know 541 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Alan Shatter.] the function of that provision in passport legislation enacted in this republic and I would like the Minister of State to spell out the specific circumstances envisaged. The first two provisions I referred to were the possibility that a person might prejudice national security or the security of another state or endanger public safety or order, be it in this State or another. I presume the reference to this State might pertain to people going abroad to collect armaments to bring to this State. These provisions appear to cover the broad range of eventualities about which we need express concern. In five or ten years we may have a Government that is a bit prickly and does not like to be criticised. We could assume representatives of an NGO are going to an international conference to explain why there is so much child poverty in Ireland, or who have a view about whether we are protecting people’s civil rights in particular areas. They may want to go to an international conference relating to the education of autistic children. Deputy Hanafin may be the Minister for Justice, and as she seems incapable of taking criticism on that issue or even constructively responding to it, she may decide it would be contrary to the common good if a person spoke at the conference expressing criticism of the Government of the day. This particular provision smacks of a danger that could control people’s democratic rights outside Ireland to engage in issues that may make the Government uncomfortable. They may not be issues posing a threat to people’s safety or national security but they may cause general discomfort. We could presume a pop band performs songs we do not approve of. If members of the band sought passports for a tour around the United States, it may be decided that if the songs are performed there, the country may be deprived of a few extra tourists. The passports may not be issued.

An Ceann Comhairle: Even Dustin the turkey.

Deputy Alan Shatter: Even Dustin the turkey. He would be the exception.

Deputy Kathleen Lynch: That concerns the Department of Agriculture, Fisheries and Food.

Deputy Alan Shatter: If Dustin the turkey is selected to represent Ireland in the Eurovision song contest, I will be the first person proposing, not just in the interests of the common good but also of public safety, that a passport does not issue. The matter should be treated with great seriousness.

Deputy Aengus O´ Snodaigh: He should be quarantined.

Deputy Kathleen Lynch: I will vote for him.

Deputy Alan Shatter: We could have an exception for Dustin the turkey. Other than that, I cannot see what function this provision has and I suggest it be deleted. There is another oddity in this Bill which I would like the Minister of State to explain. I may have some sympathy with the point but it is wrong-headed. Under section 12(1)(c)(iv) if a person is likely to endanger himself or herself or others a passport can be withheld. Subsection (ii) covers a person who might endanger others and I have no difficulty with the idea of refusing that person a passport. What does the concept of people not endangering themselves mean? Do we withhold passports from a group of climbers who want to climb Mount Everest because someone thinks that is unwise as they might endanger themselves, from someone who wants to run in the New York marathon who we believe is not fit enough to do so, from NGO organisations working in dangerous parts of the world such as Darfur or from individuals who want to engage in other 542 Passports Bill 2007: 19 February 2008. Report and Final Stages forms of conduct outside Ireland which we all know to be unsafe but which might be beneficial? Human beings are entitled to make choices and I am not sure what benefit there is in that provision. The Department of Foreign Affairs may wish to stop the sort of conduct we witnessed in the past couple of weeks when an individual, for political reasons, defied the view of the Departments of Justice, Equality and Law Reform and of Foreign Affairs by, apparently illegally, entering Gaza but the Egyptians would not allow the person to return. What people do illegally, what they say, the parts of the world they seek to enter, and the people with whom they engage often gives us more insight into what they believe when they pronounce on other occasions. If someone chooses to go to Gaza, good luck to him or her. Does the Minister for Foreign Affairs intend not to issue a passport to, or remove one from, someone of that sort, bearing in mind that the same criteria apply in both cases? The person might then be permanently, indefinitely or for a specific period deprived of his or her right to travel. These are important issues and concern not only the issuing of passports but also their removal. If I go abroad and say something that discomfits the Minister will someone in the immigration office in Dublin Airport take my passport from me? Do we want to empower a future Government to do that? Let us assume that there is a Minister for Foreign Affairs or a Minister for Justice, Equality and Law Reform who is somewhat hotheaded, does not think matters through clearly, shoots from the hip——

An Leas-Cheann Comhairle: That has never happened in the Department of Justice, Equality and Law Reform.

Deputy Alan Shatter: ——and is publicity-obsessed, and that someone says something abroad that he does not like. It is not so long since there was someone like that in the Department of Justice, Equality and Law Reform. People can form their own views on that point. Under this provision, that Minister would have a role in the removal of an individual’s passport. Let us assume the Minister heard at 11 p.m. that someone was flying into Dublin Airport who had said something distressing to him at 8 p.m. that evening, in another country — could he use this provision to call some forlorn immigration officer in the airport to demand that he or she remove the person’s passport? Could a Minister do this so that he might just get a headline in the newspapers the following morning because, God forbid, he might not otherwise be mentioned that day? It is not so long since there was someone in this House who fitted that category. This is a dangerous provision because it allows not only the refusal, but also the removal, of passports. Will the Minister of State spell out the circumstances in which it is envisaged these two provisions will be used? I formally propose my amendments to the Bill.

An Leas-Cheann Comhairle: The Minister of State to reply.

Deputy Michael P. Kitt: Does Deputy Kathleen Lynch wish to speak?

An Leas-Cheann Comhairle: The Deputy was not indicating so to me but I appreciate the Minister of State’s help.

Deputy Kathleen Lynch: I think the Minister of State wants a little more time.

Deputy Michael P. Kitt: Not at all.

Deputy Kathleen Lynch: I am joking. Would that we had Ministers who were as proactive as Deputy Shatter describes, who listened to international news and were capable of making telephone calls to officials. To find an official in Dublin Airport would be a big achievement. 543 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Kathleen Lynch.]

It is necessary to spell out the basis on which passports could be removed. I understood that we had the right to remove passports in cases of criminal proceedings such that the passport of someone released on bail had to be surrendered. Maybe the criminal justice legislation covers that. What does the Minister of State regard as grounds for removing a passport from someone who is not in that category? I do not want the Minister of State to recite a litany of criminal offences in respect of which a passport could be removed. What lists are there of potential embarrassment abroad and under what circumstances could the Minister remove a passport, apart from the criminal offences of which we are conscious?

Deputy Michael P. Kitt: In respect of amendment No. 14, it is very unlikely that in practice the Minister would seek to invoke the power to refuse a passport on the basis of the common good. Its inclusion is intended to provide discretion in exceptional cases. It is also included in recognition of the fact that the High Court explicitly cited the common good in the judgment that first identified the unenumerated constitutional right to travel as a limitation on that right. The power to refuse a passport on the basis of the common good is not unlimited and is subject to several restrictions. The concept is defined and clarified further by reference to the European Convention on Human Rights, ECHR, in particular Protocol 4 to that convention. The Minister is also obliged by the European Convention on Human Rights Act 2003 to perform his functions in accordance with the State’s obligations under the convention and its protocols. Among other implications this means that the restriction must in each case be pro- portionate and necessary in a democratic society. Furthermore, refusal to issue a passport including a refusal on the basis of the common good may be appealed to the passport appeals officer and is also subject to judicial review. There is value in retaining scope for discretion under the Bill and I am opposed to the amendment seeking its deletion. In respect of amendment No. 15, it is important to retain scope to refuse a passport to a person likely to engage in conduct that might endanger him or herself. My Department has been involved in a few tragic consular cases involving citizens who inadvertently placed their health or lives at risk by travelling abroad. As with other grounds to refuse, this power would rarely be exercised and would have to be exercised in compliance with the Minister’s obligations under the ECHR, as well as being subject to appeal and judicial review. In such cases the Minister will normally be in receipt of information provided by family members and or medical practitioners. Furthermore, as the Bill provides, when a passport application is refused the Minister will always provide reasons in writing to an individual. In cases of this nature the practice will also be to outline the circumstances in which a passport could be granted. This might, for example, involve the applicant supplying written confirmation from a medical practitioner that he or she is fit to travel. As removing the Minister’s discretion would remove any capacity on the part of the Minister to satisfy the health and welfare of vulnerable citizens, I oppose the amendment. In respect of amendment No. 17 tabled by Deputy Michael D. Higgins, section 18(6) provides that “an applicant for a passport shall, if ... required by the Minister, surrender a passport issued to him or her (whether or not it is valid) before another passport may be issued to him or her”. Section 6(2)(b) provides that an application shall be “accompanied by such information and documents in relation to the person as the Minister may require under section 7”. The Minister is thus entitled to require an applicant to submit a previous passport as part of an application for a new passport. Furthermore, the Minister may refuse, under section 12(2), to issue a passport if an application does not comply with section 6.

544 Passports Bill 2007: 19 February 2008. Report and Final Stages

Consequently, while I appreciate the constructive intentions underlying amendment No. 17, there are other provisions in the Bill that permit refusal when an applicant refuses to surrender a previous passport and I do not propose to accept the amendment.

Deputy Alan Shatter: I am astonished by the Minister of State’s reply. The world must have changed since I departed from this House in 2002.

An Leas-Cheann Comhairle: I remind the Deputy that he has two minutes to respond on Report Stage——

Deputy Kathleen Lynch: The world has changed beyond all recognition.

Deputy Alan Shatter: I am dealing with this.

An Leas-Cheann Comhairle: —— but he will have a third opportunity. Standing Orders have not changed.

Deputy Alan Shatter: It now appears that when the House debates Bills on Report Stage, Ministers cannot go off script to respond to questions asked of them. I asked the Minister of State a simple question, namely, whether he could provide four examples of circumstances in which in the common good it might be justified to either not grant a passport or withhold someone’s passport. He told me the Government wishes to retain the provision because it wants discretion in this regard but has not given me a single reason. His comments on the second issue he has raised were interesting. The Minister of State wishes to be able to withhold or remove passports from people in circumstances in which, in the context of the wording, they might be endangered or might endanger themselves. Is he trying to prevent people in Ireland who may be intent on travelling to another country that permits euthanasia, such as Holland, from leaving Ireland? Is that what this is about? Alterna- tively, does the Minister intend to create some form of health service in Dublin Airport to carry out cardiac and thrombosis tests on all those over 65 who climb on aeroplanes? Such a health service in Dublin Airport would be better than that which obtains within the general health service. The Minister stated that passports would be refused or withheld in circumstances indicated by someone’s health. Does this refer to mental, or to physical health? If the former, procedures exist to have people compulsorily admitted to hospital who are psychiatrically unable to take care of themselves. This is a medical, rather than a passport issue. If this pertains to physical health, does that mean that any elderly people who are looking a bit grey on the day they fly may have their passports removed from them? How will this work? This is a Parliament and Members are entitled to ask for concrete examples of the circumstances to which this might apply. Moreover, the Minister of State should clarify whether it will apply in the circumstances I have just described.

Deputy Kathleen Lynch: Although I did not receive a response to my first contribution, I will refer briefly to Deputy Higgins’s amendment. This point is also related to Deputy Shatter’s amendment. It is unlikely that a better health service will be provided in Dublin Airport than in our hospitals, which is unfortunate. Moreover, it is unlikely that the powers in this Bill will ever be invoked because neither the wit nor the will exists, unless it was for some political purpose, to so do. I refer to the third amendment with which the Minister of State dealt and which he also is not prepared to accept. It is quite likely is that a proportion of our citizens would sell their passports on the black market. However, such people can return, re-apply for and receive another passport. I do not accept that the Minister may ask for the original docu- 545 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Kathleen Lynch.] ment to be presented because I have two old passports at home. Admittedly the covers are cut in such a fashion as to ensure they cannot be used again but nevertheless, I have never been asked to produce those documents nor have I been asked to produce something that I could have sold in the past, as some people do. Irish passports are highly valuable travel documents and this amendment would put the issue beyond doubt. I do not understand the reason the Minister of State will not accept it. While I accept there are other provisions in the Bill, it is unlikely, like Deputy Shatter’s proposition, that this will ever come to pass and the legislation should put it beyond doubt.

Deputy Michael P. Kitt: I mentioned earlier to Deputy Shatter that my Department has been involved in a small number of tragic consular cases in which citizens inadvertently placed their health or their lives at risk in travelling abroad. I refer to people in receipt of psychiatric treatment who travel overseas with the resultant discontinuation of their treatment. That constitutes an example. However, I repeat my point that there is a question——

Deputy Alan Shatter: That is a bad example. If such people already are overseas, the Depart- ment will not withdraw their passports to prevent them from coming home.

Deputy Michael P. Kitt: We have the passport appeals office and people can also avail of judicial review. I made this point earlier. I take Deputy Lynch’s point that people retain a number of passports. However, in addition to my earlier remarks, I should add that section 18 provides for circumstances in which a passport must be surrendered to the Minister or to the Garda. This is backed up by offences under section 20 regarding failure to surrender a passport when so required. This should provide sufficient deterrent to a refusal to surrender a passport. This is the reason I will not accept amendment No. 17.

Deputy Alan Shatter: I will press amendment No. 14 on the basis that the Minister of State has been incapable of giving Members a single instance to which it is applicable.

An Leas-Cheann Comhairle: The Deputy has the right to make a further contribution if he wishes.

Deputy Alan Shatter: I will do so briefly. While I understand the time available is open- ended, I will not do that to other Members. This is a serious issue. It is highly disappointing that the Minister of State is unable to provide Members with a single example of what he is talking about. In the context of someone who might endanger himself or herself, he has told us that the consular service has had some involvement on occasion with Irish citizens abroad who are psychiatrically unwell. Sadly, that always will be the case. He has not suggested how that would have been detected by anyone in Dublin Airport before such people departed. He has not suggested what relevance any of that has to the issuing of passports. Does he suggest that if the Irish consul in Cyprus were to discover that a person on holidays there was in need of mental health services, to make life easy, one simply would withdraw the person’s passport and keep him or her in Cyprus? Alternatively, is he suggesting that when such people return to Ireland, one will take their passports from them instead of getting psychiatric help for them? The Minister of State’s explanation makes absolutely no sense and he has not dealt with the issue I raised. Some people are genuinely concerned in respect of a form of euthanasia now available in Holland of which some Irish citizens have availed. Is this an issue that could result in the 546 Passports Bill 2007: 19 February 2008. Report and Final Stages

Minister’s intervention? Is this an issue that would result in the withdrawal of someone’s passport because it might endanger that person? I will suggest another scenario to the Minister of State. Court cases have arisen from the so- called pro-life amendment, some of which were taken by organisations and individuals. Some have related to young teenagers who had become pregnant, were in care and in circumstances in which they were seeking a termination abroad and had a right to travel. Will this provision be invoked or will some of the aforementioned organisations and groups invoke this provision on the theory that pregnant teenagers or pregnant adult Irish women going abroad to terminate a pregnancy should be deprived of a passport because using a passport might result in them endangering themselves? Is the Minister of State opening up a hornets’ nest in a manner that is not understood in the Department of Foreign Affairs? If the Minister of State tells me the Minister, rather than third parties, will have this power, he should realise that some of the groups that have engaged in litigation will not think twice about taking proceedings against him to require him to remove someone’s passport. Is the impact of this unnecessary and careless wording understood? The legislation is opening up issues. That the Minister of State has not been able to cite a single example of the circumstances to which subsections (3) or (4) will apply indicates that the measure has not been thought through properly. The Minister of State mentioned that the State could refuse the right to travel if it were in the common good. This judgment was first delivered many years ago by Mr. Justice Finlay when he was President of the High Court. I need to make a declaration of interest in that I was representing an unmarried mother who was seeking a passport for her child. It was decided there was a right to travel and it was the first case in which the constitutional right to travel was declared. Wisely, Mr. Justice Finlay did not declare it an absolute right but one that could be constrained in circumstances related to the common good. From my recollection of the judgment, I believe the common good he had in mind was when national security, the security of another state, public safety or the safety of the person or life of others is endangered. He used the phrase “common good” as a generic phrase to cover the circumstances the Minister of State is now spelling out. It was not used as some additional overall discretion to lob in for the hell of it. The Minister of State cannot identify one single instance to which it will apply in refusing or recalling a passport. The provision therefore has no business being in the legislation.

Question, “That the words proposed to be deleted stand”, put and declared carried.

Amendment declared lost.

Deputy Alan Shatter: I move amendment No. 15:

In page 9, line 9, to delete “that person or”.

Arising from the Minister of State’s unwillingness to accept this amendment, can we have his solemn promise that Dustin the turkey will not get a passport?

Deputy Michael P. Kitt: The Ceann Comhairle’s promise. Question, “That the words proposed to be deleted stand”, put and declared carried.

Amendment declared lost.

An Leas-Cheann Comhairle: Amendments Nos. 21 and 24 are related to amendment No. 16 and they may be discussed together.

Deputy Alan Shatter: I move amendment No. 16: 547 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Alan Shatter.]

In page 9, between lines 27 and 28, to insert the following:

”(g) the Minister has been notified by the Courts Services that an order has been made to require the surrender of any child’s passport or to require any person to refrain from applying for a passport for any child so long as the order is in force.”.

These amendments are designed to ensure that, where the courts have made an order that requires the surrender of a child’s passport or requires any person to refrain from applying for one for any child, the Minister will comply therewith on notification. The Act does not deal with this problem adequately and it arises frequently in practice in family disputes over children when marriages and extra-marital relationships break down and when it is questioned whether one parent should take a child abroad. Some aspects of this issue are dealt with in the legislation, but not adequately. My amendment is a constructive one to ensure that they will be dealt with properly. Amendments Nos. 16 and 21 deal with the same issue and relate to different parts of the Bill. Amendment No. 24 seeks to insert, “The Minister is notified by the Courts Services that an order has been made that a passport issued to a child should be cancelled for the purpose of securing the welfare of the child,”. Over the years, it has been my experience that, in cases of very fraught relationships involving children who are resident with one parent and not the other, all too frequently it is necessary for the courts to make emergency orders, either to stop a parent taking a child abroad, be it permanently or on vacation, without the consent of the other parent, or to stop a parent obtaining a passport when permission has not been granted by the courts. It is very important that the legislation reflect what happens in the family law courts. These amendments are intended to facilitate that and I hope the Minister can take them on board.

Deputy Kathleen Lynch: Deputy Higgins’ amendments, Nos. 20 and 22, deal with this issue also, probably in a more detailed way. However, I support those of Deputy Shatter. Disputes of the kind in question are rare but, when they occur, they can be quite traumatic. According to the most recent estimate I saw, unless one has approximately \10,000 to engage quickly in court proceedings to decide on an order — they are not always granted — concerning whether a child can be taken out of the country, one is better off proceeding on foot of legislation such as that proposed. The process would be much less expensive and more orderly and one would not be subject to the type of trauma usually associated with a last-minute dash to the courts. Since it is so expensive to go to court, one never sees a lone parent doing so. They simply have not the finance to afford expensive legal advice. It is better to make provision in this regard in the legislation, such that all parties could benefit therefrom.

Deputy Michael P. Kitt: I have no difficulty with the intention behind these amendments, which are designed to ensure the welfare of children. Securing the welfare of children is central to this Bill and there are many provisions that touch on the matter. In the administration of the passport service, the Minister in the normal way is required to and will comply with orders issued by the courts directing him or her to carry out or refrain from certain actions. This means it is not necessary to make provision for amendment No. 21, which concerns court issuing directions to the Minister. Amendment No. 16, proposed by Deputy Shatter may assist in ensuring greater clarity on orders directing parents or guardians to refrain from applying for a passport for a child and I therefore propose to accept it. On amendment No. 24, I am assured by the Office of the Chief Parliamentary Counsel that there is sufficient cover for the scenario outlined in existing sections of the Bill. Section 18(1)(a) 548 Passports Bill 2007: 19 February 2008. Report and Final Stages permits a cancellation where the Minister becomes aware of a fact or circumstance, whether occurring before or after the issuing of passport, that would have permitted a refusal. Section 18(1)(d) further provides explicit authority to cancel a child’s passport where it is necessary to secure the welfare of the child. Following the issuing of a passport without the consent of one or more guardians in the exceptional cases set out in sections 14(5) and 14(6). Accordingly, I propose to accept amendment No. 16 and to oppose amendments Nos. 21 and 24.

Deputy Alan Shatter: I appreciate the Minister of State’s acceptance of amendment No. 16. Amendments Nos. 21 and 24 set out the position explicitly in a readily understandable manner rather than trying to apply different provisions of the Bill in the circumstances in question. The advantage of that, in the context of the types of court cases I have in mind, is 6 o’clock that it would provide a simple and direct provision for the Courts Service and the judges hearing them to know how this matter would be dealt with and the Minister’s approach. I appreciate that the Minister would generally comply with court orders, but as we are enacting passport legislation, we need to comprehensively deal with these issues. The other two amendments would provide greater certainty and more comprehensive cover in this area than is already provided in the Bill. I appreciate that the Minister of State accepts amendment No. 16. If he will not accept the other amendments, I ask that he give them further consideration for the purpose of the debate on the Bill in the Seanad.

Deputy Michael P. Kitt: Arising from acceptance of amendment No. 16, I ask the Leas- Ceann Comhairle to request the Clerk to move the word “or” on page 9 from line 25 to line 27. It is a technical change.

Deputy Alan Shatter: That is agreed.

An Leas-Cheann Comhairle: That is noted.

Amendment agreed to.

Amendment No. 17 not moved.

An Leas-Cheann Comhairle: Amendments Nos. 18 arises out of Committee proceedings, amendments Nos. 25, 27, 28 and 32 are related and they can be taken together by agreement.

Deputy Aengus O´ Snodaigh: I move amendment No. 18:

In page 9, between lines 36 and 37, to insert the following:

“(4) A refusal by the Minister to issue a passport under this section may be appealed to the District Court.”.

Gabhaim leithsce´al mar nach raibh me´ anseo nı´os luaithe nuair a moladh na leasuithe. The rationale for this provision is similar to that for the group of amendments dealt with prior to the last group of amendments. The Bill gives huge discretionary powers to the Minister and in the context of this section, it is the power to refuse to issue a passport. The Minister has the power to cancel or take back a passport under an earlier section but under this section he or she has the power to refuse to issue a passport in the first instance. The constitutionality of this provision is open to question, given that an individual is either a citizen or not a citizen of the State and a citizen should be entitled to a passport. If restrictions are to be placed on the use of the passport issued, well and good, but an individual as a citizen should be entitled to a passport. 549 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Aengus O´ Snodaigh.]

I argued this point at length on Committee Stage. What right has a Minister, on the basis of his or her opinion or that of his or her Government colleagues, to deny an Irish citizen a passport and, therefore to deny that citizen the right to leave this State? Other States can refuse to allow a Irish citizen into their jurisdictions in the same way that we can to refuse to allow into this jurisdiction an individual who presents himself or herself and who is considered to pose a danger or a threat. However, in this instance, we are denying somebody the right to leave this State and confining him or her to this State. States other than members states of the European Union require a person to have a passport to travel to them and even within the European Union, a person is required to have a national ID. As citizens here do not have a national ID, a passport is the document that establishes their credentials, although a driver’s licence is accepted in some instances. Under this section, the Minister is depriving an individual of a fundamental liberty. The Minister outlined on Committee Stage that power could be exercised in circumstances where there was a danger to public safety or the issuing of a passport would be contrary to the common good, but I have not heard of an instance that would stand up to a refusal to issue a passport being the right course of action. There are other courses of action that can be taken, other than refusing a passport in the first instance, if a person is considered a threat to the common good or to public safety. The provisions of this Bill in assigning these powers to the Minister and to a passport appeals officer, a point to which I will return, to cancel or to refuse to issue a passport constitute a judicial function. Does this provision amount to the Minister exercising a judicial function? In the way it is worded, I believe it does. The Minister of State should re-examine this section and perhaps the Minister should be required to apply to the courts to refuse the issuing of a passport, if he or she wishes to go down that route. The amendments I tabled are direct in stating a person refused a passport has the right to appeal that decision to the District Court. While the Minister of State might say that one can appeal any matter to the District Court or to the other courts, if he is adamant that this is the way to proceed, at least this amendment will ensure it is explicit that a person so refused a passport has the right to appeal that decision to the court. I read into the record on Committee Stage points of law that are relevant in this regard. Mr. Justice O’Flaherty, in the Keady versus Garda Commissioner in 1992, held that in the exercise of judicial powers, an exercise is judicial in its nature if there is contest between the parties — there would be if the Minister refused to issue a passport — that can result in the infliction of a punishment or liability — supplementary criteria were stipulated in another case — and that the function is of far-reaching effect and importance. In terms of all those points the provisions in this regard are repugnant to the Article 37° of the Constitution and contrary to that judgment made in 1992. There is a contest in this instance, a liability can be imposed because the applicant is denied his or her liberty to travel outside this State and the decision has a far-reaching effect and importance. I urge the Minister of State to re-examine this section. That is the basis of amendment No. 18. Amendments No. 25 is related and it provides for the inclusion of a reference that a cancellation of a passport can be appealed to the District Court. Amendment No. 32 is the final amendment in this grouping. In regard to the section dealing with appeals, we argued on Committee Stage as to point or purpose of a passport appeals officer structure being set up, when such an officer will have no power. It will represent merely the establishment of another quango. All a passport appeals officer will be able to do is confirm the decision of a Minister or recommend that it be set aside, but such an appeals officer will not have the power to set it aside. Therefore, such a decision will be referred back to the 550 Passports Bill 2007: 19 February 2008. Report and Final Stages

Minister who in the first instance refused to issue the passport. That section should be removed and it should be implicit that appeals should be referred to the court, or otherwise the appeals officer should be given the power to set aside the Minister’s decision in such circumstances. That is the effect of my amendment No. 32. These are reasonable amendments. I doubt the Minister will take them on board because Ministers tend to want to have all these powers and to face the challenge of having to defend themselves in the Supreme Court at a future day. That would be the effect of this provision. I asked on Committee Stage how many passport applications had been refused to Irish citizens. The Minister of State said it was very few as this was not a power Ministers have exercised. I do not believe it is a power they should have over Irish citizens. This whole section needs to be looked at again and the powers being bestowed on the Minister.

Deputy Kathleen Lynch: Deputy Michael D. Higgins was very clear on this. Virtually everything can be appealed in this country and we are very lucky in that regard. If one is not granted a taxi licence or a PSV permit, one can appeal to the District Court and if needs be proceed to the Circuit Court. Whatever a citizen is denied, he or she may appeal, and that is as it should be. An appeals mechanism should ultimately be concerned with an independent person looking at the circumstances. That is what we have in the planning process, under criminal law and to a great extent under common law. However, there is no appeals mechanism for passports, the one thing that ensures Irish citizens travel freely around the world. I agree with the Minister of State to the effect that Ministers interfere very little in the whole process. However, when they do, there should be some mechanism to which an aggrieved person may appeal, even if it is only the courts, to put his or her case. That is important, because no matter what the circumstances, mistakes can be made. We could reel off mistakes of a fairly substantial nature that have been made in this House. This is not something to be sneezed at. How might one feel if refused a passport and then told there was nowhere to go to appeal this decision? Where does one go, especially if one feels wronged and aggrieved? It must be quite devastating when that happens to someone. The Minister of State said that very few people have ever been refused a passport. Why not put it into the legislation, then? If it is so rare, there must be very good reasons when people are refused and I am sure any independent body would uphold the Minister’s decision in such cases, so why not put it in? We have very sensible people adjudicating every day of the week on far weightier issues than this. I appeal to the Minister of State to rethink his position on this.

Deputy Michael P. Kitt: This Bill establishes a statutory right in case of refusal or cancellation of passport for such decisions to be appealed to an independent passport appeals officer. The appeals mechanism is set out in some detail in section 19. Further supplementary and ancillary details will be set out in regulations that will be laid before the House. The independent passport appeals officer mechanism provides access to a speedy and inexpensive additional means to challenge the Minister’s decision. If unhappy with the decision of the passport appeals officer, the aggrieved person may seek further recourse through judicial review. In answer to Deputies Lynch and O´ Snodaigh, I understand that in the past three years one person was refused a passport. As I have said, it is a small number. Amendments Nos. 18 and 25 would make sense if there were no independent appeals mechanism. However, in view of the provision of an appeal under section 19, I do not believe it is necessary to provide for a supplementary right of appeal to the District Court. As regards amendments Nos. 27 and 28, proposed by Deputy Michael D. Higgins, citizenship matters are the responsibility of the Mini- ster for Justice, Equality and Law Reform and the Minister for Foreign Affairs does not have competence to take decisions in that area. In line with existing practice, a person whose pass- 551 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Michael P. Kitt.] port is refused or cancelled on the basis of citizenship, may raise the matter with the Minister for Justice, Equality and Law Reform. The Irish nationality and citizenship Acts already establish formal procedures that allow a person claiming to be a citizen to apply to the Minister for Justice, Equality and Law Reform for a certificate of nationality. On amendment No. 32, proposed by Deputy Aengus O´ Snodaigh, it is not necessary to provide for a further right of appeal to the District Court against the recommendation of the appeals officer. In the event that an appellant is unhappy, following consideration of the matter by the passport appeals officer, he or she can seek judicial review of the Minister’s decision. I therefore oppose the amendments.

Deputy Aengus O´ Snodaigh: On the last point, the reason amendment No. 32 seeks that a decision of a passport appeals officer may be appealed is that this official basically has no powers. I have already said what the Bill contains. This section was not in the original draft, as far as I can recall, and the only reason it is there now is that the Human Rights Commission said a passport could not be refused unless there was recourse to some type of appeals mechanism. The appeals mechanism was to be welcomed, bar the fact that all it can do is confirm the Minister’s decision rather than setting the Minister’s decision aside. An appeals officer should be able to make decisions. However, he or she cannot make decisions or implement them. That is the reasoning behind amendment No. 32. I have already dealt with the other amendments in some detail. Looking at this whole section, it is very strange that an Irish citizen can be refused a passport. Section 6 virtually guarantees the right of an Irish citizen to a passport, yet in section 12 this right is taken away, which is procedurally rather odd in the same Bill.

Deputy Kathleen Lynch: As regards the Minister of State’s reply, the motions I was speaking to were about citizenship and the fact that there is no clear cut appeal, in that regard. I did not quite understand what the Minister of State had to say as regards the Department of Justice, Equality and Law Reform. Is he saying an appeal could be made to that Department?

Deputy Michael P. Kitt: If the Deputy is talking about citizenship, one would go to the Department of Justice, Equality and Law Reform.

Deputy Alan Shatter: I suppose the issues being discussed are all inter-related in the context of revocation of passports and the decisions made. Is it the Minister of State’s view that when this legislation is enacted, there will be statutory powers to revoke passports of individuals with regard to behaviour of such individuals prior to its enactment? The exercise of issuing passports is regarded as one of the sovereign powers of a country. In this context I should like the Minister to clarify that. I share some of the concerns expressed about circumstances where an appeals officer can make a recommendation that the Minister is not bound by, and perhaps we can come back to that a little later. There are certain individuals who might want to be considered for passport removal. For example, one or two friends of Deputy O´ Snodaigh, who became known as the “Colombia three”, went off to engage with FARC guerillas and mysteriously reappeared in this country, without ever fully having explained what they were doing there. I wonder whether they are candidates for passport revocation. Perhaps the Minister of State might clarify that.

Deputy Michael P. Kitt: In reply to Deputy Lynch, the passport appeals office is the speedy and inexpensive means of making a challenge to the Minister’s decision. In reply to Deputy O´ Snodaigh, I will give the same answer, the appeals office is the inexpensive route to take rather than going to court. In reply to Deputy Shatter, only one person has been refused in the past 552 Passports Bill 2007: 19 February 2008. Report and Final Stages three years, according to statistics supplied by my officials. I do not see we would be dealing with the Colombia three either——

Deputy Alan Shatter: It is the revocation issue. Would they have their passports revoked?

Deputy Michael P. Kitt: We would need to study that point further. Only one person was refused in the past three years.

An Leas-Cheann Comhairle: How stands the amendment?

Deputy Aengus O´ Snodaigh: I will press the amendment. I agree the appeals office is an inexpensive way of proceeding. As there was only one refusal, a passport appeals officer might have absolutely nothing to do and it might not prove to be an inexpensive option. I agree people have the right to a judicial review but the idea is not to jam up the courts in the first instance. The easiest way of dealing with it is that the person selected as a passport appeals officer has the power to set aside the decision of the Minister. At least then, the passport appeals office would have some teeth and some function. The way it is set out at the moment, it is a hearing which can do nothing other than confirm the Minister’s decision. The second part is that it can refer the decision back to the Minister with a recommendation but no guarantee of outcome, especially considering it would then be up to the Minister to admit a mistake had been made. I wonder how many Ministers are willing to admit to such a mistake? I cannot see that office working. All I have been trying to do in this amendment is ensure than rather than forcing people to opt for a judicial review, they can have a proper hearing at District Court level rather than clog up the High Court or a higher court. The issues can be teased out properly and the Minister can defend himself or herself. The reason behind the refusal to issue a passport to an Irish citizen is what is at issue so I will press the amendment.

Amendment put and declared lost.

An Leas-Cheann Comhairle: Amendment No. 19 arises out of committee and was to be taken with Amendment No. 1 which was not moved.

Deputy Aengus O´ Snodaigh: I move amendment No. 19:

In page 9, line 39, to delete “, including biometric data,” and substitute the following:

“, including data comprising of information relating to facial structure,”.

Molaim an leasu´ seo. An fa´th ata´ leis an leasu´ na´ go bhfuil an iomarca cumhachtaı´ ag an Aire sa cha´s seo. I apologise for not being present earlier; it took longer than I anticipated to walk from Harcourt Road. This amendment deals with the biometric data and the powers of the Minister to change what is currently on a passport and the security and protection of that data. I dealt with this in detail on Committee Stage. I noted the insecure nature of this data and how it might be broken down. Biometric data consists of fingerprints, retinal patterns, facial structures, iris imaging as well as voice and hand geometry, signature, ear and DNA. This Bill empowers the Minister at any stage in the future to change the biometric data which is required for passports without recourse to this House. My amendment seeks to limit the data to that which is already contained in passports and that if the Minister wishes to add or subtract in the future, he or she must come back to the House with an amendment to the 553 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Aengus O´ Snodaigh.] Passports Act, as it would be. Given the change in data protection, the encryption that can be allowed, the security of the data retained and the international circumstances whereby most countries are using this method and refuse to admit Irish passport-holders, at that stage, the Minister should come back to the House and inform the House of his or her intention to include data such as fingerprints, retinal scan or whatever. This House could then debate whether such a change would be proportional. If somebody steals one’s biometric data, it is the same as stealing one’s identity and it is very difficult to retrieve it. I refer to the significant issues of data protection and data security. The Human Rights Commission raised concerns about this and referred the Minister to points it had made previously about the retention of data and the need for the Data Protection Commissioner to be informed of what data is being retained by the State. In response to the debacle in England when a significant amount of personal data was lost in transit, not once but twice, by the British equivalent of the Department of Social and Family Affairs, the Data Protection Commissioner said that public information is safe. When the Data Protection Com- missioner stated that public information will be safe, he admitted a number of leaks from different Departments. At international level there is a move towards the maximum amount of data being on passports or on national identity cards and in terms of Big Brother security, there is a logic to it; the more information gathered in, the more can patterns of human behaviour be predicted and people who are a danger to the common good can be tracked. The down side is the danger that those who are intent on putting public safety at risk, those intent on being a challenge to the common good, can access that material and subvert all the data being held by the State. The European Commission is proposing that all children over the age of six years should be fingerprinted for EU passports and national identity cards. The only reason for not finger- printing those younger than six years is a technical one; the fingerprints of children younger than six years seem not to be of sufficient quality for a one to one verification of identity. We should state implicitly that we want to include fingerprints or whatever. I can give the Minister of State recent examples of those who are involved in the research of cryptography which has exposed major flaws in the retention of biometric data and how that data, despite all the guarantees, can be reconverted to allow identity theft. In Belgium a team of cryptography researchers discovered that approximately 750,000 Belgian passports issued between 2004 and 2006 were not even encrypted and that the sensitive material they contained, including people’s signatures and photographs, could be easily read using a commercial chip reader. It did not even need to run the data through the machine. It could be held a short distance away. The team then looked at passports issued after 2006 following the change Belgium introduced, which it was claimed protected the chip in the future. This is the same technology the Govern- ment and other governments are considering to retain information on a passport RFID chip. The researchers were easily able to lower the possible combinations for a serial number to 24,000 and using the lowered figure it only took them half an hour to reconvert the identity data. On Committee Stage I gave the example of the Japanese mathematician who, at a cost of only £20, was able to take a finger, make a cast with a moulding plastic sold in hobby shops, pour some ordinary liquid gelatine, used in food preparation, into the mould and let it harden. If this is stuck over a person’s finger pad, it fools fingerprint detectors approximately 80% of the time. The joy is that once the person has fooled the machine, because the fake fingerprints are made of the same substance as fruit pastilles, they can be eaten. I gave another example of mathematicians who showed they could reconstruct a fingerprint solely from data contained in 554 Passports Bill 2007: 19 February 2008. Report and Final Stages systems such as that we are proposing to introduce on passports. They printed out the images they made and used them to fool the fingerprint readers thereafter. There is a danger of identity theft and we need to consider carefully where we are going with this. If the Minister wishes to go down the fingerprint road or even consider it for the future, he should be clear that is where he is going. The Bill allows him to do it by regulation, which is not good enough. It should be limited to what we have at the moment. If at a stage in the future the Minister so wishes then he should introduce it by way of amendment. Considerable work has been done on this matter in the EU. A working party was established which proposed the EU protection directive. They considered the matter in depth. That needs to be taken on board by the Members of the House when giving the Minister the powers in the future. As currently drafted the Minister would have discretion to extend biometric information to include fingerprints, DNA, retina scans etc. without the scrutiny of the House. We should delete the term “including biometric data” as proposed in my amendment and replace it with “including data comprising information relating to a facial structure”, which is what is there at the moment — a picture. We should limit it to that.

Deputy Kathleen Lynch: While I had not intended speaking on this amendment, having listened to the argument proposed, it strikes me that there is probably more personal information on a credit card than on a passport. Yet while we have no difficulty with the bank knowing all our details, we have considerable difficulty with governments knowing it. I would be the first person to say that individuals have a right to their privacy. However, bearing in mind the proposed introduction by regulation of biometric details, it strikes me that this is precisely what we should seek for people with responsibility for small children. Recent events should remind us that we should have as much information as possible on small children, particularly if they are to cross borders. I am not sure how that should be done while accommo- dating the sensitivities of people who clearly have objections, which I do not dismiss. However, we need to think carefully about the matter and keep in mind that a passport is a travel document concerned with ensuring that a citizen travels safely and is protected. If those citizens happen to be vulnerable and there is a way to ensure their further protection, we should put that in place. I am sure there would be major objections to what I am saying. We need to be very measured and sensible about how we do this.

Deputy Michael P. Kitt: The term “biometric data” is a generic term used to describe the measurement of distinguishing physiological traits of a living person. These data are capable of being used in automated recognition systems. The proposed amendment is too restrictive to allow even for the development of facial recognition technologies. Already technologies are being developed to permit assessment of skin texture and shading to supplement calculations. We need to provide flexibility to allow us keep up with changing technologies. The amendment would also prevent the Minister from including a second biometric indicator in the passport, which could be required in the future to allow Irish citizens to travel abroad. There are no plans at the moment to add a second biometric indicator to the passport. The Data Commissioner was consulted during the drafting of the Bill. I am not able to accept the amendment.

An Ceann Comhairle: Is the amendment being pressed?

Deputy Aengus O´ Snodaigh: This is only my second time to rise——

An Ceann Comhairle: That is fine. 555 Passports Bill 2007: 19 February 2008. Report and Final Stages

Deputy Aengus O´ Snodaigh: —— but it is being pressed. I am not objecting to any of these biometric data being included in the passport. However, this House should have the debate on what biometric data should be included in the future so that we take the decision. Deputy Kathleen Lynch is correct in what she has said about children. We will hand a future Minister the power to demand that whatever biometric data he or she wishes must be included in a passport. If we are to substantially change the way passports are being regulated we might as well get it right now. The Minister of State has said there is no indication from Government that we will include citizens’ fingerprints. However, if he believes that eventuality or other biometric indicators such as skin tone is coming down the track, it should be written in clear English that this is what will be included. If there is insufficient scope in the five or six items I mentioned, including iris images, fingerprints, DNA or whatever, we can always amend it later. I am trying to limit it to what exists at the moment unless someone can outline what we need to introduce in the future and say, for example, we need to introduce fingerprint data because the rest of the European Union has done so and it would restrict our movement and that children’s safety, which is paramount, would be enhanced. It is not intended to include those under six because it does not work with their fingerprints. If we are to take that route, where biometric data are listed in the Bill it should be clearly outlined exactly what data are involved, namely the physical characteristics concerning the facial structure. I seek to limit it to that but if the Minister so wishes there is nothing to prevent him, at this late stage or in the Seanad, from expanding beyond that to include fingerprints or whatever. At the very least, this House should be informed when that decision is taken. Under the terms of the Bill, however, the Minister can take that decision by himself or herself and we will not have any way of arguing over it in future.

Deputy Michael P. Kitt: We are seeking flexibility to enable us to keep up with changing technology. The proposed amendments are too restrictive. If, for example, an international body such as the International Civil Aviation Organisation has a proposal to make we will be prevented from making such changes if we do not have that flexibility. That is the reason I will not accept these amendments.

An Ceann Comhairle: Is the amendment being pressed?

Deputy Aengus O´ Snodaigh: The amendment is being pressed but on that last point, while I will not delay——

An Ceann Comhairle: We cannot have a further intervention, in accordance with standing orders.

Deputy Aengus O´ Snodaigh: This is the third intervention and I will be brief. The point is that there is nothing to prevent a Minister from making changes, if so desired. Neither the EU nor an international aviation authority will demand a government to change its passport system overnight given the huge amount of work that would involve. It takes many years to recall and re-issue passports with all this material. There is nothing to prevent the Minister tabling a brief amendment to change the required biometric data. A simple one-line amendment would suffice and it could be rushed through if there was a worldwide emergency. It might take a week or two but it could be done.

An Ceann Comhairle: Is the amendment being pressed?

Deputy Aengus O´ Snodaigh: Yes.

Question, “That the words proposed to be deleted stand”, put and declared carried. 556 Passports Bill 2007: 19 February 2008. Report and Final Stages

Amendment declared lost.

An Ceann Comhairle: Amendment No. 20 arises out of Committee proceedings. Amendment No. 22 is related and both may be discussed together.

Deputy Kathleen Lynch: I move amendment No. 20:

In page 10, line 3, after “child” to insert the following:

“and, if father of the child is not a guardian but is named on the birth certificate of the child, such father,”.

Amendment No. 22 states

In page 11, between lines 10 and 11, to insert the following:

“(10) It shall not be lawful for a parent who is a guardian of a child to remove the child from the State, or retain the child outside the State, without the consent of the other parent, in the absence of an order of a court, provided that the other parent was named on the birth certificate or was exercising any care, access or entitlement in respect of the child during the period of 12 months prior to the removal or retention.”.

My contribution on the last amendment is connected as regards the details of how we can protect vulnerable people. We will probably disagree about what is just or unjust. I could name ten things I think are unjust, while I am sure the Minister of State could name ten things that are completely opposite to what I feel. One of the things I feel strongly about is the way fathers are treated in respect of their children. Men and women come to me every week concerning relationship breakdown. There is more relationship breakdown now than the standard marriage breakdown. Men and women may not get on as partners but that does not necessarily mean that they are bad fathers or bad mothers. Just because they are not guardians does not mean they should be deprived of their children. Most partners in a relationship would give consent if the mother or father wanted to take their children on holiday, even a prolonged holiday, or take them away for educational reasons, or if the person got a job abroad and intended to stay abroad for three or six months. That would not be a difficulty in a good, trusting relationship. A difficulty can arise, however, when, if a person assumes a relationship is solid, he or she does not have any say in whether their children can be taken out of the country or retained outside the country. Neither amendment says that this sole right should be given to all non- guardian parents. However, if the father’s name is on the birth certificate there is a clear indication that he wants to be part of the child’s life or the children’s lives. Equally, if one partner decides that he or she wants to go abroad with the children, it is wrong that the non- guardian parent should have no rights in this respect. It should not happen. It should be with the consent of both parents. Although it is highly unusual the non-guardian parent might be the mother. It is wrong that one parent should be allowed to deprive another parent of the company of or access to their children, or an input into their upbringing. There may be very good reasons to deny that, but it is clearly a matter for the family law courts. When it comes to travel and the issuance of passports and taking children abroad it should be with the consent of both parents. If necessary, the courts may intervene and make an order to allow children to be taken abroad, even though a father does not give consent. Alternatively, the courts may prevent children from being taken abroad without the father’s consent. It is probably the most unjust aspect of our law. 557 Passports Bill 2007: 19 February 2008. Report and Final Stages

[Deputy Kathleen Lynch.]

The Labour Party is preparing a Bill to deal with this matter but we are now dealing with the Bill before us. As someone who has spent years telling people how unjust the world is to women, in this aspect I feel the law is very unjust when it comes to dealing with fathers’ rights.

Deputy Michael P. Kitt: Section 14(1) provides that the consent of all guardians must be sought before issuance of a passport to a child or alternatively, as provided for in section 14(3), a court order dispensing with consent must be obtained. Under the Guardianship of Infants Act 1964, married parents are joint guardians of their children. By contrast, the father of a child born outside marriage is not automatically a guardian of his child. Where a father is not a guardian of a child he may apply to the District Court to be appointed guardian, or he may become guardian by making a statutory declaration with the child’s mother agreeing to his appointment as a guardian. These options apply whether or not he is named on the child’s certificate of birth. Where a father is appointed guardian, his consent must be obtained prior to the issue of a passport in the same way as the consent of other guardians must be obtained. Section 14(2) permits the Minister to take account of the circumstances of the case in deciding whether to issue a passport to a child without the consent of a non-guardian parent. This discretion will allow the Minister to consider the views and rights of non-guardian parents in so far as they are known to him or her. I appreciate the intention of amendment No. 20. However, changing the rights of a non- guardian parent through legislation is a family law matter. This Bill is designed to regulate the passport service and is not an appropriate vehicle to introduce changes in family law. Such matters are best handled by other Departments. Similarly, amendment No. 22, which seeks to incorporate restrictions on the removal of a child from the State, deals with issues outside the remit of the Bill. I understand the Deputy’s intention but it is not appropriate to include such a provision in legislation dealing with the administration of the passport service. I cannot accept its inclusion in the Bill.

Deputy Kathleen Lynch: I understand fully what the Minister is saying. However, most fathers who are in stable relationships do not apply to become guardians of their children. It is the assumption of all of us when we get married or start living with someone that the relationship is for life. One does not expect one’s relationship to break down. It is only when it starts to go wrong that applications are made to the courts. We do not propose this amendment on the basis that mothers should be prevented from taking their children abroad. That is not the issue. It is a matter of ensuring there is consultation and that the input fathers have into their children’s lives continues. That is all the amendment seeks to ensure. While it is strictly a family law matter, it is not outside the scope of the Bill. It could be included.

Amendment put and declared lost.

Amendments Nos. 21 and 22 not moved.

Deputy Kathleen Lynch: I move amendment No. 23:

In page 12, line 21, after “duties” to insert the following:

“or for related or other purposes in accordance with generally accepted international practice”.

This amendment relates to an issue that arose on Committee Stage. In his response to a parliamentary question, the Minister for Foreign Affairs confirmed that diplomatic passports are, as a matter of course, given to all previous holders of the office of Minister for Foreign 558 Passports Bill 2007: 19 February 2008. Report and Final Stages

Affairs. However, section 16 provides that diplomatic passports are to be used, as all Members are instructed, only in the course of one’s duty, where one is travelling abroad on the instruction of the Da´il or in pursuance of committee business. In this context, I am unclear as to the Minister’s meaning. I see a contradiction in that most previous Ministers for Foreign Affairs are no longer Oireachtas Members. Amendment No. 23 proposes the insertion of “or for related or other purposes in accordance with generally accepted international practice” after “duties”. This seems the only way to get around it. It is unacceptable that persons who are no longer elected Members have diplomatic passports while Members are told those passports cannot be used other than for official purposes. This amendment seems to be the only way to clarify the issue.

Deputy Michael P. Kitt: Section 16 permits the Minister to issue a diplomatic passport to an officer of the Minister of diplomatic rank or, under subsection (1)(b), to a person or one of a class of persons to whom the Minister considers it appropriate to issue such a passport. This permits reasonably broad discretion to designate who should be eligible for a diplomatic passport. Deputy Lynch’s colleague, Deputy Higgins, indicated his intention on Committee Stage to put forward an amendment in connection with the issuing of diplomatic passports to former Ministers for Foreign Affairs. Diplomatic passports can now be issued to all former Ministers. This section makes clear that such passports are intended to be used in connection with the performance of official duties abroad. This is in line with international practice and is a reasonable requirement. It is not permitted to use a diplomatic passport for travel for unofficial purposes such as personal or holiday travel. Individuals should use their personal passports for those purposes. Holders of diplomatic passports are not required to return them between trips abroad on official business. They are advised and expected to comply with the conditions under which they are issued and, in future, with the requirements of this Bill if enacted. It is not necessary to extend the purposes for which diplomatic passports may be issued. I do not propose to accept the amendment.

Deputy Kathleen Lynch: Is the Minister of State saying that all former Ministers now hold diplomatic passports irrespective of whether they are still Members?

Deputy Michael P. Kitt: All former Ministers may now be issued with diplomatic passports.

Deputy Kathleen Lynch: Is that the entire scope of this provision or is there another category of people who also hold diplomatic passports?

Deputy Michael P. Kitt: I refer the Deputy to section 16 (1)(b) which refers to “a person, or one of a class of persons, to whom the Minister considers it appropriate to issue such a passport”. There is broad discretion to designate who should be eligible for a diplomatic passport.

Deputy Kathleen Lynch: I did not consider the matter of Mr. Turner’s passport to be a cause for great concern. I might be one of the few of that opinion. If he was entitled to a passport, there is nothing more to it. However, this is a different issue. How many diplomatic passports were issued to people other than diplomats and Ministers? Is it a significant quantity and what category of person is involved?

Deputy Michael P. Kitt: I am told that less than 100 have been issued.

Deputy Kathleen Lynch: Is that less than 100 out of the categories the Minister of State mentioned? 559 Agency Workers: 19 February 2008. Motion

Deputy Michael P. Kitt: Yes.

Deputy Kathleen Lynch: Does that mean 99 were issued? I am serious; 100 is a significant number.

Deputy Michael P. Kitt: High Court judges, for example, are included in that, so the number would be in the region of 100.

Deputy Kathleen Lynch: Are business people included in that number?

Deputy Michael P. Kitt: No, they are not included in the numbers for diplomatic passports.

Deputy Kathleen Lynch: I will return to this issue at a different time by way of a parliamentary question. I remain of the view that there is an anomaly in that elected Members must abide by certain rules in regard to diplomatic passports while others who hold them are not bound by the same rules.

Amendment, by leave, withdrawn.

Debate adjourned.

Private Members’ Business.

————

Agency Workers: Motion. Deputy Willie Penrose: I move:

That Da´il E´ ireann

notes:

— the growth in employment agencies and the increased use by employers of agency workers, particularly in the construction sector and in the hotel and services sectors;

— that increasing numbers of new jobs are considered temporary and are being filled by agency workers;

— that agency workers, including vulnerable migrant workers, are being subject to inferior pay and conditions and exploitation;

— that agency workers are being used by employers to undercut permanent work forces and drive down and depress wages across the economy, and to sidestep duties that they would have to directly employed workers, including job security, pension entitlements and redundancy entitlements;

— that the absence of dedicated statutory protection is facilitating the circumvention of progressive employment legislation including the Protection of Employment (Part-Time Work) Act 2001 and the Protection of Employees (Fixed-Term Work) Act 2003;

— the failure of the Government to introduce any domestic legislation on the issue of agency workers; and 560 Agency Workers: 19 February 2008. Motion

— the fact that the Government, along with two other states, has been responsible for blocking a proposed EU directive on temporary agency workers since 2002;

recognises:

— the principle of equal treatment;

— that without legislation which ensures that agency workers are subject to the same terms as directly employed workers, employers will always be tempted to cut corners on terms and conditions and casualisation and exploitation will take hold;

— that the trade union movement is correct in asserting that legislating for equal rights for agency workers is a vital anti-exploitation measure; and

— that further delays in introducing such legislation will be detrimental for individual workers and for employment conditions in general;

calls on the Government to:

— immediately introduce legislation to protect the equal rights of agency workers, compared to their permanent counterparts, whereby employment agency workers would be subject to a collective agreement specifying terms and conditions of employment including, but not limited to:

— specifying a maximum period beyond which the worker must become a direct employee;

— providing for equal pay and entitlements with directly employed workers performing the same or similar work or work of equal value; and

— ensuring the right of workers employed by agencies to trade union representation; and

— support the introduction of an EU directive on temporary agency workers.

I am pleased to propose this important motion in my name and on behalf of my Labour Party colleagues and Deputy Morgan and his colleagues in Sinn Fe´in. I propose to share time with Deputy Morgan.

An Ceann Comhairle: That is agreed.

Deputy Willie Penrose: At the outset of this important debate, I wish to express in the strongest possible terms the opposition of the Labour Party to exploitation and discrimination in the workplace, against any employee, whether full-time or part-time, contract or agency. We deplore the situation where a section of our workforce, namely agency workers, 7 o’clock have not been afforded the same level of protection in our employment laws, from the perspective of job security, access to sick pay and pension entitlements or to other non-pay benefits, that are considered the norm for comparable employees working in the same industry. The founding ethos of my party was to promulgate, espouse and acknowledge the principle of equality. The Labour Party, along with Sinn Fe´in, is tonight focusing on the plight and treatment of agency workers, including vulnerable migrant workers, who are being subjected to inferior pay and conditions and naked exploitation. I am proud to say that my party was founded by Connolly and Larkin with an ethos of promulgating, espousing and acknowledging 561 Agency Workers: 19 February 2008. Motion

[Deputy Willie Penrose.] the principle of equality. The motion I have moved supports and underpins the principle of equal treatment for all workers. It calls on the Government to protect the rights of agency workers and to support the introduction of the long-promised EU directive on temporary agency workers. Trade unions across the EU have for many years been engaged in an ongoing campaign for equal pay, conditions and status for all “atypical” workers. They have achieved considerable success throughout the Union. Unbelievably, our Government and by extension our country is laggard in the important area of employment standards and conditions. Agency work increasingly means discrimination in the workplace, poorer pay and denial of sick, holiday and overtime pay. It is often used by employers as a means of avoiding many of their responsibilities. The vast majority of EU member states have dealt with this problem — the use by employers of agency workers as a means of paying lower wages and introducing lower standards — by implementing laws which provide for equality of treatment of agency workers and comparable staff. Most member states’ laws are based on the “non-discrimination principle”, which means that agency workers must receive the same terms and conditions as comparable permanent employees in the user enterprise. Agency workers in Belgium must be paid the same wages, and be given the same terms and conditions, as permanent workers in the user enterprise. Spanish law was modified in 1999 to ensure parity of pay with that provided for in the collective agreement of the sector to which the agency worker is assigned. The law in Portugal has established parity of pay and conditions with permanent workers. In Greece, an agency worker’s pay must not be lower than that set under the relevant collective agreement within the employment agency. The equal wages clause in the Netherlands can be varied, but only by a collective agreement with the permanent agency. The pay of an agency worker in France is linked to the amount of money a post- probationary permanent employee with the same qualifications would earn in that post. French agency workers are also eligible for an end of assignment payment equal to 10% of the gross pay earned during the assignment, as well as compensation equivalent to a further 10% in lieu of paid holidays, to which they are not entitled. French employment law also provides for a compulsory levy of 2% of payroll costs for training. Since 2004, agencies in Germany have been obliged to guarantee their workers the same pay and collective conditions as permanent staff in the user enterprise unless a collective agreement is made to the contrary. The Minister of State, Deputy Kelleher, might suggest that I have confined myself to refer- ences to “old” member states. However, action has also been taken in countries which joined the EU in more recent times. Laws guaranteeing equal pay and treatment for agency workers have been introduced in the majority of post-2004 member states, including Poland, Romania, Slovakia, the Czech Republic and Slovenia. A trawl across the EU shows that the United Kingdom, Hungary and, shamefully, Ireland are the only member states which have not respected the non-discrimination principle by legislating for equal pay and conditions between agency workers and comparable employees in the user enterprise. Hungary introduced a definition of “employee leasing” in its labour law in 2001. It clarified the contractual position and obligations of all parties but stopped short of imposing an equal pay principle. Many member states have gone further by reinforcing the equal treatment, or non-discrimination, principle with additional measures to ensure that agency workers are used for bona fide reasons. Seven member states have defined in law specific reasons for which an employer may have recourse to agency workers. Five member states limit the duration of agency work and four member states set limits to the sector and occupation usage. In Spain, agency work is prohibited in certain sectors, including the public service and for “dangerous” work. Legislation was introduced in Poland in 2003 to provide for a maximum 562 Agency Workers: 19 February 2008. Motion agency employment period of an aggregate of 12 months over a period of 36 consecutive months. The maximum permitted duration of the use of agency workers is connected to the reasons for use in Poland and Belgium. In Portugal, if the justification for the use of agency workers is the temporary substitution of permanent workers, the duration of that use must correspond to the duration of the justifying cause. In Greece, a user company may not employ agency workers for a total period of over eight months. If that period is exceeded, the contract between the agency worker is automatically transformed into an open-ended “contract of indefinite duration” between the agency worker and the client firm. Neither the objective nor the outcome of agency working in France can be to fill a post in the client company for a “lengthy period”. In any case, the maximum duration is 18 months, including renewals. In Slovenia, agency workers cannot be used by the user firm “continuously”, or to replace striking workers, or if there have been collective redundancies in the past three years, or in other cases determined by sectoral agreements. An agency in the Czech Republic may assign an employee to the same user for a maximum of 12 months, unless the employee requests a longer period. Collective agreements in Sweden are concluded with agencies’ representative organisations by sector. Collective agreements typically provide that 75% of the full monthly salary must be paid regardless of whether the agency workers engage in work. The Swedish white collar agency agreement provides for 80% of the normal weekly wage. Numerous EU member states have addressed this issue in one way or another, but Ireland is lagging behind. The Minister of State may refer to Ireland’s body of employment protection legislation, but it is not working. The Government’s wishy-washy amendment is of no use. I am not interested in mealy-mouthed speeches from the Minister of State’s colleagues. We should not engage in tokenism in this debate. Tomorrow night, the Labour Party and Sinn Fe´in will give every Member of this House an opportunity to march through the lobbies — it will be time to put up or shut up. We will no longer tolerate Deputies who are all things to all people in their constituencies but do not express the views of workers when they get an opportunity to make decisions on important matters in the Da´il, to which they have been elected by their constituents. The problems to which I refer are being encountered in every county in Ireland. It is no excuse to say that difficulties are not happening. Those involved in the trade union movement know that a great deal of sympathy has been expressed for the plight of Irish and migrant workers. However, I remind the Minister of State that sympathy does not buy the tea. We will give Deputies an opportunity to make their views known when the House divides tomorrow night. We do not want any nice token speeches from Members on the Government side. The amendment that has been tabled is as wishy-washy as any amendment I have ever seen. Perhaps the Government is playing for time, but we will continue to hound it until this matter is resolved. We will not accept professions of closet socialism from Deputies who act in a manner that is the antithesis of socialism. Fundamentally, socialism is about equality of treatment and parity of esteem when it comes to wages and ancillary benefits. The response of this House to tonight’s motion is being watched extremely carefully not just by one corner of the trade union movement, but across the Irish Congress of Trade Unions and similar bodies. I remind the Minister of State that all his colleagues on the Government side are being given an opportunity to set the record straight. The EU directive on temporary agency work has the stated objective of providing the minimum level of protection for temporary agency workers. The Union proposes to establish the principle of non-discrimination of working conditions, including pay, between temporary agency workers and comparable workers in the user undertaking as soon as the temporary agency worker has completed six weeks work in the same user undertaking. Is that the reason Ireland is lagging behind? Is the Government afraid to bring forward and sign up to the legislation? The Government should forget about the other countries. 563 Agency Workers: 19 February 2008. Motion

[Deputy Willie Penrose.]

Shame on Britain with a Labour government that has not implemented this. I salute Andrew Miller and colleague MPs in the labour movement who over the next week will try to bring forward a motion similar to ours in the House of Commons. Many Labour MPs must find a solid home on the Conservative benches. If the Labour Party were part of Government, this is the first issue we would tackle and the first Bill we would put through. We would not worry about other matters that currently take priority in Government time. This is where we would come from. This is what we were founded for in Clonmel and this is why we were with the workers in 1913 to ensure the principle of parity and equal treatment would be put on the Statute Book. This directive has been subject to amendments, but why should we have to wait until it is agreed before Ireland can legislate for the equal treatment principle? What is going on in Government? The vast majority of other EU states have implemented laws giving effect to the equal treatment principle. The equal treatment-non-discrimination principle applies in Ireland in respect of fixed-term and part-time workers. What is required, therefore, is the development of legal provisions that would provide that agency workers would be guaranteed equal treatment and be protected from less favourable treatment than other workers in the user undertaking. It is against the background of a downturn in the economy that we in the Labour Party feel there is a particular obligation on all of us to ensure adequate measures are in place to prevent the exploitation of low paid and vulnerable workers, especially those employed through agencies. Temporary staff employed through agencies are particularly open to exploitation as they generally have little or no job security or access to sick pay and pensions or other non-paid benefit. The Minister should not doubt there is a growing anger among workers at the failure of the Government to enact domestic legislation to protect agency workers, and particularly at the Government’s ongoing decision to block the enactment of the draft temporary agency workers’ directive, which would provide protection for workers across all member states. The directive was approved by the members of the European Parliament in November 2002 but has been blocked at the Council of Employment Ministers for more than five years. Sadly, this blockage has been led by both Ireland and Britain. There is no excuse for the Minister or the Government continuing to block this key directive, unless they want to continue to turn a blind eye to the exploitation of vulnerable workers. I hope this motion will put pressure on the Government parties to reverse their position and recognise as a fundamental human right the principle of equal treatment. In addition, we would like to ensure the right of workers employed by agencies to become members of trade unions, and to be afforded the right of trade union representation, that the circumstances in which agency workers would be employed would be restricted and that a maximum period would be specified beyond which the worker must become a direct employee. Sight should not be lost of the fact that the exploitation of agency workers not only causes significant problems for the workers concerned, which is extremely serious, but it also poses a significant threat to the rest of the workforce whose pay and conditions of employment will be undermined unless such exploitation is brought to an end. This is why I salute the trade union movement, and in particular SIPTU and the Irish Congress of Trade Unions, who are determined to campaign for as long as it takes to secure the right to equal treatment for all employees, full-time or part-time, permanent or temporary, direct or agency. The majority of workers from EU states coming to Ireland are recruited by agencies as temporary workers. Without the protection of employment legislation, they can be, and are being, exploited by greedy employers. I was contacted about 50 workers let go in Galway, some of whom were 564 Agency Workers: 19 February 2008. Motion informed by text message and others by telephone. I thought we had left 1913 behind. Are we entering a new era where workers can be thrown on the scrapheap at the drop of a hat? The labour movement will not stand for that and they is why we will champion the cause. Irish workers are being displaced by this artificially created pool of cheap labour. A number of my colleagues have alluded to the Government adopting a somewhat hypocritical position regarding these goings on. On the one hand, it is publicly espousing social partnership as the way forward for the economy, while, on the other, it has been to the forefront of a small minority of four of the 27 member states of the EU that have opposed the draft directive, which would greatly enhance workers’ rights in Ireland. The directive is essential legislation if a level playing field is to be created for workers and for decent employers. It would set down under EU law a series of minimum rights for all temporary workers in Europe such as the right to access the host company’s social services, the right to in-house health and safety training and the right to access permanent positions. It would ensure rogue employers would not be able to use the lack of legal protection for agency workers to circumvent employment protection by replacing permanent staff with such workers. It would also protect responsible employment agencies, which also need to be protected from unfair competition on the part of other operations. Recently, the general president of SIPTU, Jack O’Connor, indicated there would be no further social partnership agreements unless the abuse of agency workers ends and their right to equal treatment with other workers is enshrined in law. The union has been to the forefront in organising a series of meetings around the country, as part of its campaign to obtain a better deal for agency workers. The Labour Party agrees with the president who indicated that the current situation is unacceptable and cannot be allowed to continue. He has asserted that we currently have a deplorable rented labour system, in which vulnerable people have no employment rights in practical terms and that the nearest parallel to the present phenomenon that affects tens of thousands of workers in Ireland is slavery. The president of SIPTU is dealing with this issue, with Patricia King and other officials on the ground. This is real, not pie in the sky. They can back up this assertion with facts. SIPTU has acknowledged the existence of quite legitimate employment agencies functioning to facilitate the ebb and flow of business in various sectors of the economy, but some agencies are ratcheting down the security and equality of employment rights for everyone who works in Ireland. Sometimes this phenomenon is defended on the rather spurious grounds of protecting flexibility and meeting the competitiveness challenge. As Mr. O’Connor has said, this does nothing of the sort. The reverse is the case because it defers the day when we have to face up to the urgent need to up-skill about a half a million workers in our economy. At our conference on 17 November 2007, I indicated, on behalf of the Labour Party, our view that the Government’s opposition to the draft European directive in this area is totally misplaced and that the Government should immediately review its position. I referred to the Irish Ferries dispute and the GAMA construction scandal. I saluted the trade union movement on the strong stand it took, which mobilised mass public support and enabled a satisfactory solution for the workers involved. One must concur with the objective to establish a “threshold of decency” in employment standards for all workers in Ireland. The Government refers to the terms of the Towards 2016 agreement regulating employment agencies and agency workers, but my fear is that, while these measures are welcome, they represent moves which are of a cosmetic nature in so far as they are more procedural than substantive. In view of the Government’s continued opposition to the draft EU directive, the Labour Party’s view is that new legislation is required to ensure that recruitment agencies are not used to circumvent equality provisions of employment and agency workers are not treated as second- 565 Agency Workers: 19 February 2008. Motion

[Deputy Willie Penrose.] class citizens. We must ensure that we do not end up with a two-tier workforce, where one set of workers have fewer rights, less protection and are paid less than others doing the same work. We gave a solemn commitment at the Labour Party conference to the wider labour movement that we would draft a Bill to provide agency workers with the same terms and conditions of employment enjoyed by full-time employees. We are ready to fulfil that commitment and will lay a Bill before the House in the next few weeks. We will challenge the Government to put up or shut up and, having drafted the Bill, we will ask the Government to take it in its time. We will co-operate in every way, as I have no doubt will the rest of the House, to ensure such legislation is put on the Statute Book in the shortest time.

Deputy Arthur Morgan: I thank Deputy Penrose for sharing time. I second the motion, the purpose of which is to stem the rising tide of exploitation resulting from the failure to legislate for the principle of equal treatment for agency workers. This joint motion, tabled by Sinn Fe´in and the Labour Party, demands that the abuse of agency workers should be ended and that their rights to equal treatment with other workers be enshrined in law. Not only are agency workers being denied rights and entitlements, such as sick pay, holiday pay, overtime and rates of pay equivalent to permanent staff, but increasing numbers of new jobs are temporary and filled by agency workers. The employment of agency workers is resulting in the displacement of directly employed workers. The absence of legislation providing for the principle of equal treatment for agency workers means they are being used by employers to drive down wages and sidestep duties to directly employed workers. If this issue is not addressed, we risk returning to casual labour reminiscent of the 19th or early 20th century. Agency workers are little better off than the labourers of that era. In practical terms, vulnerable agency workers have effectively no employment rights. That is a scandal. Despite repeated commitments made to the trade union movement in the course of partnership negotiations, the Government is not living up to its responsibilities to protect workers’ rights. The unions have had to fight aggressively for improvements such as the recent increases in the number of labour inspectors. They are now being forced to fight on this issue. It is not good enough for the Government to tell us it intends to bring forward legislation in the future. In the fight to stop exploitation every day counts. The implications of any further delay in dealing with this issue cannot be overstated. It is time for the Government to fulfil its obligation to protect decent work standards for all workers. The absence of adequate legislation to protect agency workers is like a cancer in the Irish labour market. If it is not addressed exploitation will spread aggressively and invasively through all workplaces and sectors. Already its effects are evident in construction, hotel and services, retail, logistics, red meat processing and mushroom farming. Further delays in introducing the legislation we demand will be detrimental for individual workers and employment conditions, as well as grossly unfair to good employers who are put at such a competitive disadvantage that they are forced to compete in a disgraceful race to the bottom. We should not have to deal with this issue because it should have been resolved long ago. Most other members of the European Union, including the majority of new member states, have introduced laws to deal with the problem of employers using agency work as a means to pay less and introduce lower standards through legislation providing for equality of employment between agency workers and comparable permanent staff. Many member states further reinforce the equal treatment and non-discrimination principle with additional measures to ensure that agency work is used for genuine reasons. Not only has the Government failed to introduce domestic legislation on this issue, it has shamefully played a pivotal role in blocking 566 Agency Workers: 19 February 2008. Motion an EU directive on temporary agency workers. It is time for the Government to stop stalling on domestic legislation and to drop its opposition to the proposed EU directive.

Deputy Caoimhghı´nO´ Caola´in: Hear, hear.

Deputy Arthur Morgan: Last week, I attended a public meeting on agency workers in Water- ford. At that meeting SIPTU’s general president, Jack O’Connor, described the defining characteristic of this issue as silence. He was correct; this issue has not received enough media attention and some workers are unaware of the threats looming over their current terms and conditions of employment. People need to be crystal clear about the inevitable consequence of failing to deal with this issue. The campaign by the trade union movement is putting it on the agenda. By tabling this joint Sinn Fe´in-Labour motion we hope to give further momentum to that campaign by ensuring this Government gets the message that workers simply will not stand by and allow their rights and standards of employment to be eroded. It is important to understand how this situation came about. While employment agencies have a legitimate function in various sectors of the economy and can play an important role in meeting the short-term needs of certain employers, the phenomenon which has developed in recent years is entirely different. In a study of the problem published in 2002, the European Foundation for the Improvement of Living and Working Conditions identified temporary agency work as the most rapidly growing form of atypical employment in the 1990s, spurring most decent states with social consciences which had not already done so to introduce legislation to provide for the principle of equal treatment. A loophole in our employment rights regime is being exploited with dire consequences for all workers. The figures are astonishing. We now have 520 agencies for a population of 4 million people. What started off as an innocuous form of temporary labour between permanent jobs or to cover maternity leave has mutated into something far more sinister. While temporary agency workers have some minimal legal protection, such as minimum wages, this is totally inadequate and far from a guaranteed right to equal treatment with the directly employed workforce, the pay and conditions of whom are generally significantly above the minimum. The deficiencies in legislation covering the employment of agency workers has been grasped by certain employers keen to avoid normal obligations to their workers. There have even been cases whereby companies have established agencies to employ all their staff. These employers have realised they can use agency workers as a source of cheap labour. In what other scenario could one employ two groups of workers side by side and pay one group less money than another while making them work longer hours, denying them holidays, sacking them when they are sick and denying them redundancy packages? This is what agency workers are subject to every day. It is unacceptable that the Department of Enterprise, Trade and Employment has failed to publish data on the number of placements for temporary workers since 1999. Regardless of whether this is intentional, it is difficult to get a picture of exactly how many workers are being employed in this manner. It is also difficult to establish numbers because of the ambiguity surrounding whether the user company or the agency actually employs the worker. What cannot be denied is that the number of agency workers is growing and that their increased use is linked to the avoidance of ordinary employer obligations in regard to workers’ rights and entitlements. Every Member of the Da´il will be familiar with cases of exploitation of agency workers and undercutting and displacement of existing workers as a result of the employment of agency workers. While the Government fails to acknowledge the extent of the problems that have 567 Agency Workers: 19 February 2008. Motion

[Deputy Arthur Morgan.] developed as a result of its inaction, I have no doubt that Government backbenchers will be able to outline many cases from constituencies across the State. I would like to highlight a number of cases that have recently come to my attention. The use of agency workers to depress wages and conditions of employment has particularly taken hold in the construction sector. It is now the case that few workers can find employment in the construction sector without joining an agency. Developers and contractors have hit upon a loophole that allows them to ride roughshod over workers’ rights and the Government is allowing them get away with it. Tonight we are joined in the Gallery by a number of men who were recently fired from a local authority-owned site in Kildare by a construction firm that has refused to employ PAYE workers since last year. The site is populated by agency workers and the men were fired for refusing to become self-employed C2 and C45 workers and for refusing to waive their trade union membership. Last week, I met a Kilkenny man who works in the construction sector. He had many experiences of ill-treatment and discrimination, the most startling of which was that for years he was paid a construction sector grade D wage for a job which should have been paid at the higher grade A rate based on his skills. The differential of \2 an hour every hour of every day went to the agency which employed him. When a union eventually intervened and managed to ensure he received the appropriate wage, he did not receive a cent in back money from the agency that had literally been robbing him for the entire period. The use of agency workers also has implications in terms of health and safety. The latter is one of the reasons agency work is prohibited in Spain as being dangerous. At a recent meeting in Waterford organised as part of the trade campaign for equal rights for agency workers, those present were shown video footage of Polish workers using a guillotine to cut marble. The workers in question were not using any protective gear because their employer refused to provide it. The men’s hands were continually under the guillotine and a SIPTU official recalled how he met men who had lost fingers doing the job. Those men worked Saturdays and Sundays for a flat rate and were accommodated in cramped, dirty and unsafe conditions. They had no choice in where they lived. The message from their employer was clear — “If you leave my accommodation, you leave my employment.” Lest anyone think that the employment of agency workers is restricted to one industry, it should be known that agencies are being used in almost every sector. I know a young woman who, straight from college, went to an agency seeking clerical work. She was placed in a well- known IT firm as a receptionist. She discovered within a short period that her directly employed co-workers, some of whom had fewer responsibilities than she, received better pay, had better holiday entitlements and were treated to much better conditions overall. She had no contact with the agency except to receive her payslip each week. The woman was expected to carry out far more duties by the company where she was placed than the agency had employed her to do and when, after a number of years, she asked her workplace management why they would not make her permanent, she was informed that they did not want to employ her on foot of overhead or budgetary reasons. We all know the reasons the company would not employ her directly. The worst aspect of this case is that the woman did not even know she was being exploited. She had never even heard the term “agency worker” in the context we are using it in this debate. The situation is similar for the many non-national workers who become trapped in agencies. They do not know their rights and are not familiar with the labour laws in this State. The Government is doing little or nothing to protect them.

568 Agency Workers: 19 February 2008. Motion

Excuses made by Government Ministers in the past for the failure to legislate for equal rights of agency workers simply do not stand up. Claims have been made about a potential loss of competitiveness that would result from cracking down on the exploitative use of agency workers. No excuse can be made that would justify the exploitation of vulnerable workers. Every state in Europe which ranks ahead of us in terms of competitiveness has some form of protective legislation. It is also important to note that there has been no evidence of any negative effect on labour market flexibility in those states which have such legislation. A successful economy cannot be based on a race to the bottom in respect of workers’ rights and wages because there will always be lower-wage developing economies which can undercut their more developed counterparts. While the Minister for Finance acknowledged this in the past, it is deeply disappointing that competitiveness is still being offered as a spurious excuses for the failure of the Government to protect decent working standards. The Government must accept that while there can be flexibility when it comes to drawing up an employee’s contract, there cannot be flexibility as regards his or her fundamental rights and entitlements. In respect of the call for the reduction in the waiting time before agency workers receive their entitlements, the trade union movement has made proposals which would see the period before such workers receive direct recognition reduced from six weeks to four. Sinn Feín strongly supports this call. My party would go so far as to say that we should debate whether there should be pay parity from the initial date of employment, with other entitlements coming into play after the four-week period. There is always the fear that employers, particularly those in the construction sector where jobs can be short lived, can hire somebody for six weeks and then let them go. Such employers have found loopholes to allow exploitation before. They will seek them again. Sinn Feín firmly believes that a person doing the same work as somebody else should be entitled to the same payment from the outset. We do not have an apartheid system in this State, or at least we should not have one. We cannot, without deep shame, put two workers beside each other and treat them differently for the sake of saving a few bob. What this motion seeks and what the trade union movement is demanding is the immediate introduction of legislation to provide that agency workers should be guaranteed equal pay and treatment and be protected from being less favourable treatment than other workers in the user undertaking. Such legislation needs to specify a maximum period for which agency workers would be employed and also a maximum period beyond which such workers must become direct employees. It is also important that the right of workers employed by agencies to trade union representation be protected. The status of the employer needs to be clearly established in law so that — unlike current ambiguous system — agencies’ responsibilities are spelled out. In addition, the inclusion in such legislation of occupational restrictions similar to those introduced in other states, where the use of agency workers for certain occupations is excluded on health and safety grounds, should be considered. If employers can continue to employ agency workers and treat them as they do at present, we will continue to see the erosion of workers’ rights across the entire economy. Agency workers will be used to depress wages in every sector and to destabilise job security for every worker in the State. The exploitation spreads. It is spreading even as we debate this matter. Sinn Feín is committed to fighting for legislation that delivers equal rights for agency workers. We will work with the trade unions, the Labour Party and others to ensure that the Government introduces legislation without further delay. We also want to see this issue addressed in the North. Sinn Feín tabled a motion at the Northern Ireland Assembly demanding equal treatment for agency workers. That motion received all-party support. Those 569 Agency Workers: 19 February 2008. Motion

[Deputy Arthur Morgan.] of us concerned about the future of workers’ rights must unite in this demand. All Members who want to see exploitation stamped out must support the motion. This is a crucial issue for working people, particularly in the context of their terms and conditions. It is important to all workers, whether they be agency or permanent, immigrant or Irish. The cancer of exploitation to which I refer will drive the race to the bottom. This morning, Louth County Council unanimously passed a motion, tabled by my colleague, Councillor Jim Loughran, which supports the thrust of the motion before the House. I hope all local authorities will do likewise. The trade union movement will continue to drive the campaign on this issue. That campaign will have the support of Sinn Fe´in and the Labour Party. Legislation relating to the minimum wage is insufficient to resolve this matter. There are concerns that said minimum wage will form the basis of any new legislation which might be introduced. Craftsmen and craftswomen, tradesmen and tradeswomen are entitled to considerably more than the minimum wage. Long-term agreements have been established between the trade union movement and employers and these cannot be eroded. There can be no going back. This issue must be dealt with. Workers and their representatives will win this battle.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I move amendment No. 1:

To delete all words after “Da´il E´ ireann” and substitute the following:

notes:

— that this Government is committed to ensuring that Ireland’s comprehensive body of employment rights legislation applies to migrant workers including foreign agency workers in exactly the same way as it applies to Irish workers e.g. national minimum wage, organisation of working time, unfair dismissals minimum notice, etc.;

— that a range of measures to support employment standards have been put in place arising from commitments agreed in Towards 2016 including:

— that the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 has been enacted;

— that the National Employment Rights Authority has been established and has commenced operations with significant management resources and will have a full complement of 90 labour inspectors, including ten with specific foreign language skills;

— that the flexibility of the labour market is important for job creation, and competitive enterprises require adaptability in work organisation to meet the needs arising for seasonal work and that the capacity to source workers on a flexible basis is of considerable value to successful companies;

— that the Government is committed to full engagement with the social partners in developing its policies on labour market regulation;

— that concerns have been expressed about the potential abuse of the employment rights of certain foreign agency workers who may be vulnerable to exploitation and abuse; 570 Agency Workers: 19 February 2008. Motion

— that the EU Presidency was unable to establish a degree of consensus in support of the specific proposals put forward in December 2007 and that there was no vote taken on the proposals, that the Government will continue to work within the EU to find solutions on outstanding matters; and

— that the Government is fully committed to the early delivery of further primary legislation aimed at enhanced compliance and enforcement of employment rights generally including legislation to regulate the operation of employment agencies and a statutory Code of Practice for employment agencies.

I wish to share time with the Minister for Enterprise, Trade and Employment, Deputy Michea´l Martin. As Minister of State responsible for labour affairs, I am glad to have the opportunity of debating the important issue of temporary agency workers. There has been much public comment about this issue in recent times. Before getting into the detail of the issues, I wish to place on record that the Government is deeply committed to decent standards of employment. Any objective analysis of the Govern- ment’s record, and that of the previous Governments led by our Taoiseach, Deputy Bertie Ahern, will show that over the last ten years or so, significant and substantial measures have been taken to underpin employment standards which have surpassed that of any other administration. An extensive range of employment rights has been extended to cover the protection of working conditions of temporary workers, including agency workers, in the past decade. I am speaking here about core standards and employment rights which workers can vindicate. Furthermore, this period has also seen the introduction of the national minimum wage, a ground-breaking measure that for the first time secured a wage floor for workers. Developments have included improvements across a wide spectrum of conditions of employment, from daily to weekly rest periods as well as annual and public holiday entitlements which are a feature of the Organisation of Working Time Act 1997. There has also been comprehensive legislative measures to protect temporary workers employed under fixed-term contracts and in respect of part-time work. Fundamentally, section 20 of the Protection of Employees (Part-Time Work) Act 2001, which transposed into Irish legislation the EU directive on posting of workers, provides that employee protection legislation applies to migrant workers in the same way as to Irish nationals. These include agency workers assigned by an overseas agency, as employer, to work under the control and direction of an end-user enterprise in Ireland who may obtain the benefits and protection of Irish labour law. Agency workers also fall within the ambit of protection under employment equality legislation with its focus on non-discrimination.

Deputy Arthur Morgan: That is not a fact.

Deputy Billy Kelleher: In addition, the Government have delivered a further range of measures in support of improved and enhanced employment standards arising from commitments agreed in Towards 2016. The Protection of Employment (Exceptional Collective Redundances and Related Matters) Act 2007 has been enacted and the National Employment Rights Authority, NERA, has been established. It has commenced operations with significant management resources, and it will have a full complement of 90 labour inspectors, including ten with specific foreign language skills. 571 Agency Workers: 19 February 2008. Motion

[Deputy Billy Kelleher.]

I would like to provide some context to today’s debate by endeavouring to correctly site issues of concern which are an aspect of this debate I propose to outline some key features and attributes of the temporary agency sector, including the main activities of the employment agency sector and the nature of employment and contractual arrangements in the sector. Tentative data suggests temporary agency working comprises a relatively small subset of our total employment, perhaps as low as 2%. Agency workers operate across the full spectrum of our economy and are beyond the two sectors which are the focus of the private members’ motion, which focuses solely on the construction and hotel sectors. Many sectors where temporary or agency workers are employed are in higher-paid parts of the economy where recruitment agencies successfully match and place workers in highly skilled jobs. These include finance, accountancy, information and computer technology and pharmaceuticals, where pay and conditions of employment are not an issue. The matters before this House primarily concern the supply by an employment agency, as employer, of a temporary agency worker who is assigned to work under the control of an end- user enterprise. The discussion over temporary workers is at its most acute in the case of temporary agency workers, as this form of employment is uniquely differentiated and compli- cated by the triangular nature of the relationship between the worker, agency and end user. The kernel of the matters under discussion relate to the potential exploitation of foreign agency workers in terms of their pay and conditions of employment compared to Irish nationals in the same sector of employment. Core concerns relate to employment agencies as employers who operate outside the State and assign workers to this jurisdiction. These concerns relate to the potential use of foreign agency workers — who would be better protected as permanent employees — by employers to circumnavigate the employment rights of such agency workers, or to allow employers evade their responsibilities. Despite frequent assertions to the contrary, Ireland’s comprehensive body of employment rights legislation provides that employee protection applies to migrant workers and agency workers in Ireland who have entered into a contract of employment that provides for him or her being employed in the State, or who works in the State under a contract of employment. I should be clear that this means irrespective of nationality or place of residence, such persons have the same rights under employment rights legislation as Irish employees. As I have already indicated, we vested migrant workers with the same rights as can be vindicated by Irish employees. This was acknowledged by SIPTU, which has included a full listing of such employment right entitlements in an information leaflet on agency workers from June 2007. Our legislative framework is backed up with effective and strong new supports, where all workers, including migrant workers and foreign agency workers, can vindicate their rights with the dispute settlement machinery of the State. Again, under commitments in Towards 2016, we have committed to and delivered on core elements, including a major upgrading of resources in the labour inspectorate, having given it a decentralised and regional structure. NERA is processing the last of its appointments to bring it to a full complement and when completed the resources of the labour inspectorate will have trebled to 90 inspectors, including ten with specialist language skills. NERA is now playing a very active, vital and substantive role in tackling potential abuses and will respond to breaches of employment rights legislation by seeking redress in the first instance and, where appropriate, prosecution. In this regard, as I have stated in my recent replies on this matter to this House, I urge anyone who has evidence 572 Agency Workers: 19 February 2008. Motion of the mistreatment of agency workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter. Employment rights, employment protection and concerns about the operation of some employment agencies was the subject of consideration at the most recent partnership discussions. This is in recognition of the need to review current legislation in this area, the Employ- ment Agency Act 1971, which is now more than 30 years in place. During this period our employment market has been transformed, with substantial annual economic growth, which has fuelled a demand from employers for migrant workers to meet the needs of the manufacturing and services sectors of our economy. Employment agencies have responded by developing their services to meet the needs of employers and potential employees. The Government accepts arrangements put in place several decades ago, under the 1971 Act, to regulate a much quieter and far less complex labour and recruitment market, need to be overhauled to meet the demands of a much larger and rapidly-changing employment environment. We have seen the emergence of new forms of recruitment and employment that can pose problems in terms of customer protection and quality control. Recognising this, an initial review of the sector resulted in the Department of Enterprise, Trade and Employment issuing a White Paper in June 2005 on the review of the Employment Agency Act 1971. The White Paper took account of a range of submissions received as part of a consultation process, including submissions from Irish Congress of Trade Unions, IBEC, the National Recruitment Federation and the Immigrant Council of Ireland. The main problems reflected in the review related to agencies as employers rather than agencies as “matchmakers”. In the main, they concerned agencies based outside the State but placing workers in this jurisdiction. It was acknowledged that any attempt to enforce an extra- territorial dimension in a statutory licensing framework would present a challenge, and it remains a challenge, not least in the context of obligations under the Single Market. Subsequently, issues arising in this debate became subsumed into the broader social partnership discussions in early 2006 and formed part of the Government’s commitments under Towards 2016. In this context, my colleague the Minister, Deputy Martin, and I are currently considering the final elements of proposals for the draft scheme of a Bill to regulate the employment agency sector. It will be presented for consideration by the Government very shortly, with a view to having the Bill drafted by the Parliamentary Counsel. The Bill as drafted will reflect the commitment in Towards 2016 to a licensing system where, to be licensed, employment agencies will be required to comply with the terms of a statutory code of practice which will set out the practices and standards which employment agencies would be expected to follow. It is envisaged that a monitoring and advisory committee will advise on the code of practice and on other matters related to this sector of our economy. This committee would include representatives of the social partners. Other elements in the Bill are being finalised with a view to further strengthening and enhancing the effective enforcement of the employment rights of agency workers. In the course of consultations on the proposed Bill, other matters were raised which were not agreed under Towards 2016, including pay parity from the commencement of employment. There have been strong assertions from trade unions that agency workers are being used increasingly to undermine basic labour standards and are precipitating a “race to the bottom”. However, the Department has not been provided with nor has it been able to find specific evidence supporting such assertions. I urge anybody with any information to bring it in. 573 Agency Workers: 19 February 2008. Motion

Deputy Arthur Morgan: They are in the Gallery.

Deputy Michea´l Martin: The Deputy should bring them in.

Deputy Arthur Morgan: Will the Minister and Minister of State meet them after the debate, at 8.30 p.m.?

Deputy Billy Kelleher: I urge anybody to contact NERA and give details to have such matters investigated.

Acting Chairman (Deputy Jack Wall): Allow the Minister of State to continue.

Deputy Billy Kelleher: This is a very important issue and everybody has a duty to bring forward any information they have.

Deputy Michea´l Martin: Long before the debate.

Deputy Billy Kelleher: They should bring it to NERA’s attention. Similarly, it has been alleged that Ireland is one of only three EU member states which has failed to legislate for equal treatment for agency workers in terms of pay and conditions of employment. However, the position is far more complex than that portrayed. For example, in those member states where legislation is complemented by collective agreements, deviation from the equal wage clause in legislation may be permitted. There is also wide variation in the nature and extent of wider employment rights and working conditions available to agency workers in collective agreements, such as in the case of statutory sick pay and pension rights. In addition, in some member states various restrictions and prohibitions are in place in which agency working is excluded from whole sectors of economic activity. This also reduces opportunities for agency workers.

Deputy Willie Penrose: It reduces opportunities in that they are nearly slaves.

Deputy Billy Kelleher: The regulation of temporary work has been a contentious issue at European level for over a quarter of a century since the European Commission first placed proposals on the table in 1982.

Deputy Sea´n Sherlock: That is because Fianna Fa´il has been blocking it.

Deputy Billy Kelleher: The transformation of the product and labour markets since then has only intensified debate about how best to balance, on the one hand, employment creation and flexibility with employment protection and security on the other. Thus, trade unions’ fears are that temporary workers would suffer lower pay and benefits than regular workers. Employers contest this and point to the value of temporary work to certain groups in society and to the potential benefits which temporary work and agency work provide as a stepping stone to employment for certain persons as well as the competitive advantages offered to employers. The above forms the background and situates the debate and discussions on the proposed EU directive on temporary agency work. In the context of these European Union negotiations on the proposed directive, Ireland will continue to adopt a constructive approach in these discussions.

Deputy Joe Costello: Obstructive. 574 Agency Workers: 19 February 2008. Motion

Deputy Billy Kelleher: However, Ireland considers that the proposal for consideration, as currently drafted, is somewhat unbalanced. We have concerns about exemptions, or derogations, which would be to the benefit or advantage of some member states and not others. The European Foundation’s recent report on EU temporary agency working confirms that, in those member states where equal pay legislation is complemented by collective agreements, deviation from the equal pay clause in legislation may be permitted. In this regard, Ireland has, with other member states, indicated that if permanent derogations through collective agreements are to be allowed, then other means providing for derogations should also be allowed in those member states without legally enforceable collective agreements. In particular, Ireland considers that the proposed six-week maximum derogation from equal treatment provided for in the draft directive in respect of short duration temporary agency assignments is too short. This is particularly so in comparison to the derogation available to those member states with collective agreements which can and do deviate from equal treatment in pay levels and in the areas of wider working and employment conditions. Deputy Penrose referred to many countries which have collective agreements which deviate from pay parity. This should be borne in mind.

Deputy Joe Costello: We should support the EU directive.

Deputy Billy Kelleher: The shorter time period on offer could damage future job creation prospects and could deter the legitimate use of temporary agency working which would be to the detriment of our economy.

Deputy Arthur Morgan: Nobody is against that.

Deputy Billy Kelleher: This is particularly the case as agency work can provide, in certain circumstances, a useful stepping stone for some persons to enter the labour market. The opportunities available to agency workers in Ireland should not be reduced as a result of any new arrangements. Any directive in this area ideally would provide a balance between, on the one hand, employment creation and flexibility and employment protection and security on the other. The Government will continue to adopt a constructive approach to these discussions at EU level. Ireland supports the three objectives that the original proposal sought to address — to protect temporary workers; to recognise that temporary employment agencies exercise a legitimate role in the labour market and provide a suitable framework for the creation of jobs; and to review prohibitions and remove unwarranted restrictions.

Deputy Sea´n Sherlock: What about pay? Is pay included in the directive?

Deputy Billy Kelleher: At the very least, provision might be made to take account of the tradition of social dialogue which applies in various countries, including Ireland, as recognised in the arrangements for national reform partnerships in the implementation of the Lisbon strategy. In this way, the different traditions and practices at national level can be fully recognised and respected. The Portuguese Presidency considered that there would be added value in working on a simultaneous and integrated solution on two sensitive dossiers, the temporary agency work directive and the organisation of working time directive, given previous difficulties in finding solutions on each legislative proposal in isolation. In the event, however, the Portuguese Presi- 575 Agency Workers: 19 February 2008. Motion

[Deputy Billy Kelleher.] dency was unable to progress these dossiers to a successful conclusion at Council and concluded that the best option was to postpone a final decision on these matters. This decision had regard to the nature of the discussion at Council on these proposals, to the range of outstanding difficulties and to the clear desire of member states to reach a consensus rather than seek to push matters to a divisive and perhaps damaging vote. The outcome is disappointing given the history of these two dossiers and the hopes raised in advance of our discussions. We adopted a consistent and constructive approach in the discussions at Council. We fully supported the Portuguese Presidency in its efforts to fashion an overall compromise solution by way of an integrated approach to these two sensitive dossiers, for the benefit of all EU member states. As regards the proposed directive on the organisation of working time, the proposal from the Portuguese Presidency represented a significant effort at finding a compromise solution and one which Ireland could support. On the proposed directive on temporary agency work, I was clear and unequivocal in explaining our position at Council when I indicated that we fully supported the thrust of the objectives of the proposed directive. I also indicated that any such instrument must be balanced and be to the benefit of all parties concerned — employees and enterprises alike.

Deputy Sea´n Sherlock: The Minister of State did not support it on pay.

Deputy Billy Kelleher: I remind the Deputy that I was the one in the room, not him.

Deputy Sea´n Sherlock: I have the report of the permanent representation which says otherwise.

Deputy Billy Kelleher: I informed my ministerial colleagues, however, that I was concerned that the latest proposals on the table did not contain all the necessary elements of balance. Thus, permitted exemptions provided for in the proposed directive would be to the advantage, or benefit, of some member states and not others. This would be the case for those member states where equal pay legislation is complemented by collective agreements and where deviation from the equal pay clause in legislation may be permitted. This would not work for member states with different legal and industrial relations frameworks. I indicated to Ministers that Ireland considered that the exemption proposed for short duration temporary agency assignments was too short and did not provide the required flexibility. It could damage future job creation prospects and deter the use of a legitimate form of employment, which would be to the detriment of our economy and agency workers.

Deputy Joe Costello: That explains why the Government objected to it for the past five years.

Deputy Arthur Morgan: That is the Minister of State’s excuse.

Deputy Billy Kelleher: Regrettably, having identified the remaining issues of concern to various member states, the Presidency decided not to pursue the search for a solution at the Council. Ireland was fully prepared to assist in trying to resolve outstanding issues at the Council rather than postpone addressing these. In its Council declaration, the Portuguese Presidency urged forthcoming presidencies, together with the European Commission, to proceed with efforts to achieve a positive and final 576 Agency Workers: 19 February 2008. Motion outcome on both directives, based on the integrated approach, which received positive support as a way forward.

Deputy Willie Penrose: Blame the Portuguese.

Deputy Billy Kelleher: This represents the best means of obtaining the necessary overall balance in Community legal instruments of this nature. The Government will continue to be constructive in its approach to further negotiations on these two legislative instruments. I am confident that the Government’s position on the proposed EU directive has been consistent with its commitments under social partnership and I look forward to the discussions in this House of the forthcoming legislation on regulation of employment agencies.

Deputy Arthur Morgan: There is nothing new there.

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I welcome the opportunity to discuss issues raised in tonight’s motion and the Government amendment and the improvements the Government has made, and is preparing, to improve the protection framework for workers. We have made considerable improvements over the past decade, many of them geared towards addressing new challenges in the labour market in a changing world of work and working relationships. New forms of employment have posed new challenges for Governments in Ireland and across the globe. For decades we have tried to build up a high-quality social protection framework, with clearly defined relationships and responsibilities for workers and their employers. This framework contains transparent and easily accessible routes for redress when there has been a breakdown in employment relationships. Some of the areas of concern to be addressed in the course of this evening’s debate are also being addressed in other EU member states, some of which are now considering whether to introduce a minimum wage. The minimum wage was introduced in Ireland in April 2000 and is the second highest in Europe. We are often berated for having a high minimum wage and it is regrettable that in debates such as this our substantial progress on workers’ rights is not acknowledged. If it was, the debate would be more balanced and there would be less of the rhetoric that comes to dominate debates of this kind.

Deputy Arthur Morgan: We are concerned that the minimum wage will become the only wage.

Deputy Michea´l Martin: I am amazed that there is no national minimum wage in Germany but the country is split wide open on the issue.

Deputy James Bannon: What about the ambulance workers in Longford?

Deputy Michea´l Martin: Germany is contemplating introducing it on a sectoral basis. That is an issue on which we can hold our heads up and it gives lie to the presentation that this Government ignores the rights of workers on the lower end of the pay scale or that it wilfully tolerates the widespread abuse and neglect of workers. That is simply not the case and it should not be used as an argument in this debate.

Deputy James Bannon: What about the 30,000 FA´ S workers the Minister has let down?

577 Agency Workers: 19 February 2008. Motion

Deputy Michea´l Martin: Ireland has participated in recent years in discussions in international organisations, such as the International Labour Organisation, to clarify employment relationships in a rapidly changing and mobile world. These discussions have focused on difficulties in identifying employers in certain circumstances and in addressing so-called triangular relationships, involving an employee, an agency and an end-user company. While Irish legislation tries to reflect and deal with current realities, there is always a need to step back and consider if improvements are possible without becoming so rigidly bureau- cratic as to damage employment prospects, especially for those attempting to get into employment for the first time or after a period out of the labour market. I make no apology for stating that this debate is in the context of both employment policy and employment creation policy and there must be balance in respect of how to make progress on this issue. Members should not become overly complacent in respect of employment creation in the economy. While we have enjoyed a great decade during which 8 o’clock our employment creation record was superior to that of almost all our European counterparts, that is no reason to set everything aside as we contemplate new policies and approaches and deal with new challenges. There must be a balance of approach when trying to get it right. That is the point outlined by my colleague, the Minister of State, Deputy Billy Kelleher. It is about the balance and how we approach——

Deputy Arthur Morgan: There is no balance at present. The position is skewed in respect of agency workers.

Deputy Michea´l Martin: ——getting the right model in the end. In considering issues in respect of employment agencies, one should bear in mind that a number of them offer a wide range of services.

Deputy Arthur Morgan: I accept that.

Deputy Michea´l Martin: I believe Deputy Morgan has accepted that some provide what is primarily a matching service, whereby they provide an introductory service between employees and employers, with the cost to be paid by the employer, not the employee. Others provide a service by deploying their own employees, sometimes from overseas, to an end-user company whereby the agency remains the employer with legal liability for the application of Irish employment legislation to those workers. Many agencies supply both types of services. The placement function performed by an employment agency tends not to be a cause for complaint in respect of compliance with employment rights. In such cases there is not much room for confusion as to roles and responsibilities. However, I accept there is a greater capacity for lack of clarity regarding legal relationships and related responsibilities when agencies deploy their own personnel to work for a limited period to an end-user company. I reiterate the point made by the Minister of State, Deputy Billy Kelleher, that agency workers comprise approximately 2% of the workforce. That percentage in no way under- states that——

Deputy Eamon Gilmore: That is approximately 40,000 workers.

Deputy Michea´l Martin: ——exploitation is unacceptable to the Government. My point is——

Deputy Arthur Morgan: Will the Minister publish the figures in this respect? 578 Agency Workers: 19 February 2008. Motion

Deputy Michea´l Martin: The figures to which I have just alluded are Central Statistics Office figures from 2005. Members may be aware that the Central Statistics Office has included a number of questions about agency workers in the current module of the quarterly national household survey and the results will be available in May.

Deputy Joe Costello: It is taking a long time.

Deputy Michea´l Martin: This will give all the social partners a better picture in respect of how many persons are employed by agencies, the sectors in which they are active, where they are from and whether the practice of agency working is growing. The phenomenon of agency working is not new and has been a key feature of sectors such as nursing for many years where the availability of agency personnel has provided an element of much-needed flexibility. This phenomenon has also been witnessed in the broad information technology sector in recent years. Workers in these sectors in general are relatively well paid and are highly mobile. Agency working suits their lifestyle and allows the flexibility of which they wish to avail. I experienced this phenomenon as Minister for Health and Children for many years whereby people left almost permanent employment and opted for the agency route because it suited their individual needs.

Deputy Joe Costello: Members accept that. They know about flexibility but they want to hear about security.

Deputy Michea´l Martin: The Government accepts fully that this is not always the case in respect of other sectors.

Deputy Joe Costello: The Minister refers to flexibility, but what about security?

Deputy Michea´l Martin: I reiterate that agency workers, regardless of nationality, together with workers posted by their employer from overseas to work temporarily in Ireland have the same rights under Irish employment rights legislation as Irish employees. Workers in the categories mentioned also are able to take complaints to the labour inspectorate and to have their cases heard by the State’s dispute resolution machinery, as represented by bodies such as the rights commissioner service, the Labour Court and the Employment Appeals Tribunal. It is important that this framework for investigation and dispute resolution, which has won broad public acceptance and support over the years, is used effectively. I reiterate the point made by the Minister of State, Deputy Kelleher, that Members who have specific complaints should bring them to the National Employment Rights Authority, NERA, when they receive them and not before or after that debate. They should pass them on immediately to the National Employment Rights Authority. I contacted the authority again this afternoon which, together with the Employment Appeals Tribunal, stated that agency working per se as a sector does not feature to the degree about which one hears——

Deputy Eamon Gilmore: They are frightened.

Deputy Michea´l Martin: —— in the context of specific complaints to those established bodies.

Deputy Arthur Morgan: There is no legislative framework.

Deputy Joe Costello: That is not acceptable.

Deputy Michea´l Martin: I will not argue with Members.

Deputy Willie Penrose: What does the Minister know? 579 Agency Workers: 19 February 2008. Motion

Acting Chairman: Members, please.

Deputy Michea´l Martin: I am not arguing with Members, I simply make the point that Members should go to the agencies that are charged with responsibility for enforcing and achieving compliance with Irish labour law. They want to acquire such specific information to pursue such matters.

Deputy Arthur Morgan: The practices are legal at present.

Deputy Joe Costello: The Minister should get the inspectorate out there..

Deputy Michea´l Martin: There appears to be a general impression that agency workers are mainly from overseas and are mainly poorly paid. One of the problems in addressing issues that arise in this area is the lack of hard data. I trust the work being undertaken by the CSO will help to inform and clarify some of the issues in this respect. It is too broad a generalisation to equate agency workers with migrant workers. This society and economy are becoming more complex. Nevertheless, the unprecedented expansion of the economy over the past decade clearly has provided opportunities for exploitation, particularly in the case of those newly arrived in the country who are not aware of their very extensive employment rights. Combating such abuses requires action from Government agencies, which will be forthcoming, and other representative groups in broader society. We must move with clarity of purpose and resolution to use effectively the considerable resources now available to avoid and combat such exploitation. The Government does not and will never accept exploitation of workers. It will always work to eradicate and eliminate exploitation and to penalise and punish those who perpetrate such acts. It has demonstrated this through the establishment of the National Employment Rights Authority in consort with the social partners. However, it also must be recognised that the capacity to source agency workers on a flexible basis is of considerable value to enterprises in a competitive economic environment and to the foreign direct investment sector. When setting up the National Employment Rights Authority, the Government made a highly significant additional investment in the areas of promoting compliance with employment law and in ensuring that in the event of non-compliance there are effective mechanisms for redress and, where appropriate, prosecution. I again ask Members to make available any information or knowledge they may have to those working in this field. It must be acknowledged that in the integrated global economy which has been evolving in recent years, the availability of flexibility in production and service chains has played a lead role in enabling successful enterprises to respond quickly to consumer demand. It has become vital to respond quickly, for example, to seasonal peaks in demand. This ability to respond quickly and flexibly has also become a key feature when companies investing overseas are trying to assess which locations offer the most promising environment for direct investment. Flexible labour markets are important. If one opts for too much rigidity, it could be at the risk of undermining one’s job creation capacity.

Deputy James Bannon: The Government is undermining it through its stealth taxes.

Deputy Michea´l Martin: When Ireland was a relatively low-cost environment in manufacturing, we were quite successful in attracting investment at that end of the mobile investment market. However, as the world changed, we were obliged to adapt and develop other points of competitive advantage in the newer international economy and to move up the value chain. A key selling point in the armoury of IDA Ireland has been the evidence that Ireland’s work 580 Agency Workers: 19 February 2008. Motion practices are flexible while still reflecting the broad social protection to workers embodied in European Union employment legislation. Generally, companies in the foreign direct investment sector tend to pay employees well and broader conditions of employment are also attractive. More than 1,000 such companies in the country employ more than 136,000 people in total and more than 50% of the workers concerned have salaries of more than \40,000 per annum. A considerable number of companies in this sector are clear that they need a stable operating environment in which rules and obligations are transparent and predictable. However, my continuing contacts with this sector have made it clear that the importance of continued flexibility in the labour market to the sector should not be underestimated. Deputies will have seen how some of the larger EU member states lost competitiveness and labour market flexibility in periods of expansion that looked as though they would never end. However, they ended and it has proved extremely difficult for those member states to regain the lost labour market flexibility as those in secure employment are reluctant to agree changes aimed at assisting those in precarious employment or those who are out of work. This has been a feature of other economies. The key challenge in this respect is to find the appropriate balance at any given point in a society’s development. In making decisions in the short term, one must bear in mind their long-term consequences. The Government supports the concept of equal treatment in the area of employment relationships and its record in negotiating and agreeing an appropriate legislative framework to this end is solid. There is no question of employers being able to use the flexibility associated with agency working as a means of avoiding what are accepted as normal obligations in an employer-employee relationship. However, there is a very valid argument regarding both the content of what might constitute equal treatment and the period of employment after which it should become mandatory. While the draft EU directive provides for the effective protection of derogations regarding equal treatment negotiated at social partnership level in various member states, as drafted at present, the balance was not in accordance with Ireland’s national needs or perspective. As an aside, Ireland cannot block an EU directive on its own. It is a physical and numerical impossibility.

Deputy Arthur Morgan: The Government has Britain and Germany to block it.

Acting Chairman: The Minister should conclude.

Deputy Michea´l Martin: We are not comparing like with like.

Acting Chairman: The Minister should conclude.

Deputy Michea´l Martin: The Government was prepared to develop and formulate legislation as agreed in the last social partnership agreement. However, the union side stated, as it is entitled to do, that that was not sufficient. Consequently the Government is prepared, in partnership with the social partners——

Acting Chairman: The Minister must conclude.

Deputy Michea´l Martin: ——to draft new legislation on an agreed basis to get the balance right.We are prepared to play our part such that Irish companies will have parity of esteem with other EU countries and will not be at a competitive disadvantage to their counterparts on the European mainland.

581 Agency Workers: 19 February 2008. Motion

Deputy Willie Penrose: The Minister can accept our Bill next week. We will solve the problem for him.

Deputy Leo Varadkar: I wish to share my time with Deputies Clune and Bannon.

Acting Chairman: Is that agreed? Agreed.

Deputy Leo Varadkar: On behalf of Fine Gael, I welcome the Sinn Fe´in-Labour motion, which is timely, has real merit and proposes some valid solutions to the problems that exist. It clearly exposes the Government’s failure to honour the commitments it made in the partnership agreement, Towards 2016. Consequently, Fine Gael will be opposing the Government’s amendment and supporting the motion. We have one or two reservations, which I will outline later in my contribution. Research has shown that agency workers are at a major disadvantage compared to directly employed workers in a number of ways. Research conducted in the United Kingdom shows that agencies are paid 68% less, on average, than directly employed staff in similar jobs. They have fewer entitlements and suffer from higher levels of workplace injury across Europe. In the past, agency work tended to be associated with temporary positions, such as those that arose on foot of maternity leave or unplanned vacancies. In many cases, agency workers tended to be students or workers in the home who were not in full-time employment. Agency work provided flexibility for both workers and employees but the nature of such work has changed significantly in recent years, thereby giving rise to the problems we face today. In the United Kingdom it is estimated that the percentage of agency workers has increased from 2.6% in 2002 to 5% in 2006. In Ireland, it is estimated that there are approximately 27,000 to 30,000 temporary agency workers. It is likely that this figure is significantly underestimated and it will therefore be interesting to see the results of the quarterly household survey when the question on agency work is included. Agency work is commonplace in a number of sectors, including construction, retail and hospitality, and food processing in particular. There is no question but that the expansion of agency work has led to a deterioration in conditions and a decrease in pay. In some cases, although not as many as one might be led to believe, it has led to the displacement of directly employed permanent staff. It will be interesting to see what terms and conditions will apply to the employees of Arnotts when it reopens after its redevelopment. When the Burlington Hotel and some other hotels were reopened, it is clear that agency workers replaced the directly employed permanent workforce and were hired under what most would consider to be inferior terms and conditions. Fine Gael agrees fully with the introduction of legislation to regulate employment agencies properly. This should be the key to this debate. The Employment Agency Act 1971 is clearly insufficient and I understand there have only been approximately 50 inspections of agencies in the past three to four years. This is entirely inadequate. The new legislation has yet to be published. It is indicated in the legislative programme that it is to be published this session, but the session, which has only three weeks remaining, is drawing to a close rapidly. I certainly hope we will see the legislation by the end of the month, as the Taoiseach promised, or, if not, at least before St. Patrick’s Day, as the Whip promised. The new legislation should make provision for a new licensing system, a proper code of practice, proper enforcement and, crucially, a requirement that employment agencies be underpinned financially. The latter is not the case at present and this should be of concern to everyone. We are concerned about agencies that tie their employees to their work in unusual ways, including agencies that provide transport for their employees to and from work, agencies that 582 Agency Workers: 19 February 2008. Motion provide accommodation and expect their employees to use it, or agencies that deduct the cost of accommodation and transport from their workers’ pay. Where this occurs, the conditions are worryingly close to those that exist in countries such as China, where employees are expected to live, eat and spend their lives within the factory compound. While I accept that many agency workers are not immigrants, it is not a coincidence that the countries that have been least enthusiastic in the protection of the rights of agency workers, namely, the United Kingdom and Ireland, are those that have had a significant increase in immigration. As some Deputies stated, there is no evidence that properly regulated employment agencies or reasonable protection for agency workers has a negative effect on competitiveness or labour market flexibility. The labour markets in The Netherlands, Denmark and Sweden are among the most competitive in Europe and those countries enjoy much higher labour force participation than Ireland, even if one allows for the fact that they have many more women with children in their workforces. The countries have greater protections than are afforded in Ireland. It is open to question as to whether Denmark and Sweden have enshrined the principle of equal treatment in law. It might be appropriate to say they have not but that is a technical point. The key point to this debate should concern the regulation of agencies and the enforcement of existing laws, which is very poor. Enforcement would achieve much more than any new domestic legislation or EU directive. A very useful booklet produced by SIPTU points out that there are approximately 17 legislative measures applying to agency workers. Therefore, there are extensive protections for agency workers but the reality is that many of them are not aware, or made aware, of their rights. In many cases, the rights are not respected. The applicable Acts include the Adoptive Leave Act, the Carer’s Leave Act, the Employ- ment Agency Act, the Employment Equality Act, the Industrial Relations Act, the Maternity Protection (Amendment) Act, the Minimum Notice and Terms of Employment Acts, the National Minimum Wage Act, the Organisation of Working Time Act, the Parental Leave Act, the Payment of Wages Act, the Protection of Employees (Part-Time Work) Act, the Protection of Employment Act, the Redundancy Payments Acts, the Safety, Health and Welfare at Work Act, the Terms of Employment (Information) Acts and the the Unfair Dismissals Acts. If we regulate agencies properly and ensure they are reputable, and ensure agency workers are aware of their rights, we will probably achieve more than we would with new legislation or EU directives. It is fair to state that any reasonable person would support the principle of equal treatment, but the key issue concerns its definition, application and the timing of its application. It is important to recognise that employees should receive additional benefits and just remuneration with time and service. The package of terms and conditions an employer agrees with permanent employees should be reflective of the ongoing commitment that the employer is entitled to assume on the part of those employees who have made a long-term commitment to that employer. As there is no expectation or entitlement of such an ongoing commitment from agency workers or temporary workers, it seems reasonable that an automatic right should not apply. What should apply is a period after which the same rights should be enforced. Where a genuine temporary vacancy arises in an office, it is not unreasonable to afford better pay, conditions and pension rights to the person who normally holds the position and wants to retain it after his or her temporary absence than to the person who is employed temporarily. The difficulty arises where temporary positions actually become long term and the agency employee is occupying what should be a permanent position. 583 Agency Workers: 19 February 2008. Motion

[Deputy Leo Varadkar.]

Probably uniquely among Members of this House, I, as a medical doctor, am signed up with an employment agency. I receive texts all the time asking me whether I want to do a weekend shift in Crumlin Hospital, for example. Every now and again, \1,000 euro is suggested as the pay and I do not feel too exploited by it. I know many nurses, as opposed to nurses’ aides or care assistants, who have left their jobs to take up agency work because the pay is much better. In many ways the best argument to be made for better pay for nurses is that the free market, which operates through the agencies, shows that nurses should be paid much more because they are paid more as agency workers than they would be paid if they were employees of the HSE. We join Sinn Fe´in and Labour Party Members in condemning the Government’s failure to honour the commitments it made under Towards 2016. We call on the Government to immediately introduce legislation to regulate employment agencies, to introduce domestic legislation allowing agency employees to be covered by registered employment agreements, REAs, and, crucially, to properly enforce existing laws. We also affirm our support for a common EU directive that would protect agency workers while ensuring competitiveness and crucial to such a directive must be the setting of a reasonable time limit after which agency work becomes permanent work.

Deputy Willie Penrose: I intervene to welcome to Deputy Ned O’Keeffe whom I know supports this motion.

Deputy Deirdre Clune: This is an important debate. I recognise and am supportive of the need for flexibility in the workplace and the need to ensure employers are free to bring in workers on the basis of need, whether it be to meet a seasonal demand or satisfy customer demand. Nobody doubts the need for that flexibility in the marketplace. However, some agency workers are being exploited, of that there is no doubt. We hear much anecdotal evidence of that. I read recently in the media of the position of workers in Irish Ferries, although that is not directly related to employment in this country. The position of the Gama workers was another example of such exploitation. I accept what the Minister said regarding the National Employment Rights Authority and I have spoken to those in the authority. If employees have concerns and issues need to be brought to the authority’s attention, that should be done. When the authority expands its inspectorate to the promised 90, hopefully, it will be more effective. When I began work, agency or contract workers were better paid than permanent workers because they took a risk. They did not have holiday leave built into their pay nor did they have security of employment. In the case of some agency workers, the position has reversed. I agree with what Deputy Varadkar said about the many nurses who have left the HSE because they can get better terms and conditions through the agencies. Other health professionals have also left the public health system. In the construction industry many architects, engineers and quantity surveyors have also moved to agency work. It is those with low skills, the unskilled and primarily migrant workers who are being exploited; they are being offered accommodation by employment agencies. They are not fully aware of their rights, perhaps because they have moved to another country and have a difficulty with the language. That is the area on which we need to concentrate. As to the number of people concerned, I heard many figures mentioned tonight and I read in SIPTU’s documentation that probably 30,000 workers are employed in the Republic of Ireland through 520 employment agencies. I am not saying all those agencies are exploiting workers but it is an area on which we need to concentrate and we need to introduce legislation to regulate employment agencies. There has been a proliferation of such agencies recently and 584 Agency Workers: 19 February 2008. Motion coming from behind in terms of the need to regulate is a dangerous position. We need to be more proactive in that regard. I look forward to the introduction of Government’s legislation in this area and to another debate on this matter when hopefully I will have more time to contribute. When one reads the background to position of workers in Irish Ferries, who allegedly are paid \4 an hour, confined to the ship at all times and employed by an agency that is registered in Cyprus, no one can condone those conditions. We have a minimum wage and legislation in place to protect workers’ rights but not everybody is protected by it. The emphasis in the approach should be on the regulation of agencies and the work time and contract time for which employees can be engaged. Many issues were raised by Members and I join my colleagues in supporting the motion. It is timely, important and there is much concern about this issue. I hope the Govern- ment will move to introduce the necessary legislation in this area.

Deputy James Bannon: Taking Longford-Westhmeath as a microcosm of the country, it is in no way surprising that as Ireland’s economic competitiveness has fallen 17 points since the Minister, Deputy Martin, who has just left the Chamber, came to office, the standardised unem- ployment rate now stands at 4.9% countrywide, the highest level in seven years and is predicted to rise to a nine year high by the end of this year. Speaking from the perspective of coming from a rural constituency, the direct impact on jobs is most keenly felt in the construction and farming sectors, with farmers being driven out of industry at an unprecedented rate. During recent years Longford-Westmeath has seen overall job losses of almost 150 people at the Lake- land Group, which followed a direct result of the Government’s failure to maintain adequate price structure for our farmers. A similar position pertained in respect of Glanbia in Rooskey. We also saw cattle markets in Edgeworthstown, Mullingar and Moate and other enterprises close and several other enterprises threatened in the midlands area. Every day in Ireland six farmers leave the land, driven out through excessive bureaucracy and red tape imposed by the Government. There are also the stealth taxes and the failure of the Minister for Agriculture, Fisheries and Food to provide guaranteed markets for what they produce. The EU’s intervention recently forced the Minister to finally ban Brazilian beef in light of the incidence of foot and mouth disease and lack of traceability of animals. This had serious repercussions on the farming industry and on jobs here. The way the Minister behaved had a serious impact on jobs in a meat plant in Ballymahon in my county council electoral area. To increase employment opportunities in the farming sector and to retain workers on the land, the Government must provide the best possible educational opportunities for young farmers as this is the key to giving Irish agriculture a competitive edge. The midland counties are starved of infrastructural investment with a shameful and inexplicable underspend in the BMW funding. Strangely this money finds it way back into the Exchequer each year and the Govern- ment fails year in year out to meet its obligations to provide essential infrastructure for the development of our country. Longford-Westmeath, although perfectly situated in the centre of the country with equal access to the east and the west, is losing out on major international investment due to the state of its infrastructure to the detriment of economic development. The counties are getting less than their fair share of State-assisted jobs — it is less than 3%. Employment can be created in this constituency by attracting new industry to Longford-Westmeath, creating off-farm and rural employment opportunities and the provision of additional funding to encourage our indigenous industries, advancing the decentralisation programme, which was promised with great fanfare a number of years ago. Fewer than 1,800 jobs have been delivered. We have in no way met our targets with regard to the 53 locations where decentralisation was promised. 585 Health 19 February 2008. Services

[Deputy James Bannon.]

During the Celtic tiger years thousands of untrained workers were drawn into the construction industry, but their future has been dismissed by a Government faced with repercussions of its shameful mismanagement of the economy. Some 93,000 houses were built in 2006 and that number was halved with only 46,000 built this year, as the big freeze in the economy begins to hit home. The most vulnerable group in the construction sector are the estimated 30,000 FA´ S supported apprentices in the construction-related trades, particularly those in the so-called “wet” trades such as painters, bricklayers, plumbers, carpenters and plasterers who are highly vulnerable to the housing downturn. The Government lacks an industrial strategy of lower taxes and high skills. It deserves to be strongly criticised in this regard. I compliment the Labour Party on tabling this motion. Any sensible member of the Opposition, not the hypocritical ones who were here last week, would support this motion. It gives me pleasure to do so.

Debate adjourned.

Adjournment Debate.

————

Health Services. Deputy Aengus O´ Snodaigh: The service provided by Familiscope, an organisation set up in 2004 in Ballyfermot to specifically address the psychological needs of the community, is at risk. It received the backing in particular of the Ballyfermot drugs task force because the issue at hand was identified as an area which needed immediate support and redress. Ballyfermot has suffered from a lack of investment by the HSE in speech and language therapy and intervention programmes. Familiscope got the support of the community, the local schools and also the drugs task force to specifically identify children at risk or who might face difficulties in the future and to prevent children and young people from developing behavioural, emotional and communication difficulties as well as psychological and relationship problems, some of which might stem from speech impediments or language difficulties. It identified a model and had the support of everyone. This model had been quite successful in the past year and a half in which it has been operating. More than 100 children have been assessed and have benefited from early intervention. There is a backlog of children awaiting speech and language assessments through the normal health clinics system of the HSE, whereas Familiscope works with and in the schools to identify problems and to give some type of hope to the children affected. The HSE’s response to this success is a terrible indictment of that body. It has cut Familiscope’s funding by nearly one third, an absolute scandal. The impact of that cut will mean the service, which could continue throughout the summer months when the schools are on holidays, will have to be suspended. The problem, as anyone who knows anything about children with speech difficulties must realise, is that such intervention needs to be continuously available. If the therapy is broken, there is a danger that children will revert to where they were before. Indeed, they might not come back again and disengage altogether. The break in routine is the major challenge. For the sake of a measly \24,000, the HSE will endanger the future of 100 children as well as those waiting to access the service. Parents, teachers and everyone who has assessed Familiscope, including the HSE, have said this is a brilliant service and a model that should be replicated elsewhere, yet the response is that its funding is to be cut. 586 Health 19 February 2008. Services

I urge the Minister to intervene at this stage and tell the HSE to find the money elsewhere — to ensure that not only are the cutbacks reversed, but that any additional funds needed for the service are available forthwith. It should ensure that this programme is replicated in other areas where there are children on waiting lists for speech and language services.

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I will be taking the Adjournment on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I thank Deputy O´ Snodaigh for raising this issue and I welcome the opportunity to respond to this matter. I understand that Familiscope was established in Ballyfermot in 2004 as a result of three local development agencies prioritising emotional and behavioural supports as part of their various work goals. These organisations are the local drugs task force, Ballyfermot Partnership and Urban. Familiscope now exists to work with children, young people, families and groups in the Ballyfermot community who may experience emotional, behavioural, communication or relationship issues. Familiscope provides a number of valuable services and programmes within the Ballyfermot community. I understand these programmes are funded from a number of different sources, including the Health Service Executive, the Ballyfermot drugs task force, the NDP and Dublin City Council. The Incredible Years and speech and language programmes referred to by the Deputy are currently funded by the Health Service Executive. I understand from the HSE that in 2007 the local health office Dublin west funded Familiscope to the tune of approximately \124,100. The breakdown of this was \87,800 for speech and language therapy services and \36,300 for implementation of the Incredible Years programme for the Ballyfermot area. Familiscope was informed when the amount of grant was decided that the matter of further funding in 2008 would be reviewed during 2007. This review was carried out in 2007 and, in the context of the HSE’s financial situation, the grant was reduced to \102,000 for 2008. However, this funding is for 2008 and will not cease until December 2008. I understand from the HSE that Familiscope was informed of this by letter dated 19 December 2007. I am informed that as the local health office, Dublin west, is obliged to stay within budget, Familiscope has been informed that unless a budget is approved for it during 2008, funding will cease. The local office is of the view that it was important to inform Familiscope as early as possible about potential difficulties in order that it can seek alternative sources of funding. Under the dormant accounts scheme, funding has been ring-fenced to support priority projects in RAPID areas. It is understood that an application on behalf of the group concerned and for this specific project has been submitted by the Ballyfermot RAPID area implementation team and a decision in respect of this application is expected shortly. I want to take the opportunity to outline recent developments in the area of therapy services in the context of the national disability strategy. In launching the strategy, the Taoiseach announced the Government’s commitment to a multi-annual investment for disability specific services over a five year period. To the end of 2007, \420 million — revenue and capital — has been allocated to services for people with disabilities since the launch of the strategy in 2004. Additional revenue funding of \50 million was provided in the 2008 budget in respect of the multi-annual investment package. This funding, which was given in the budget, is to meet the costs associated with a range of elements in the multi-annual investment programme.This additional funding will continue to provide a baseline to considerably enhance the multi-disciplinary support services for people with disabilities in line with the Government’s commit- 587 Ferry 19 February 2008. Services

[Deputy Jimmy Devins.] ment to build capacity within the health services and to deliver on the various legislative provisions contained in the national disability strategy. Demand for speech and language therapy in the health services is very significant, hence the substantial investment which has been provided over the past number of years. The number of speech and language therapists employed in the public health service has grown from 281 wholetime equivalents in 1997 to 712 wholetime equivalents at the end December 2007 — a 153% growth in that period. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates, including speech and language therapists. Additional courses in speech and language therapy were established in three universities. UCC, NUIG and UL each established courses in speech and language therapy with an initial intake of 25 places on each of the three courses. The UL course is at masters level and the first cohorts graduated in 2005. The first cohort from the bachelor degree programmes in UCC and NUIG graduated last year. This investment represents an increase in training capacity of 300% in speech and language therapy. The latest information available to my Department indicates that the total number of speech and language therapy training places now stands at 109.

Ferry Services. Deputy P. J. Sheehan: I thank the Leas-Cheann Comhairle for allowing me to raise this important matter on the Adjournment. Earlier last year when it became evident that we would not have a ferry service between Cork and Swansea, little did we realise the important economic artery which had been severed. The dismal 2007 season cannot be blamed entirely on the weather as people pre-booked their holidays. A noticeable drop in tourism figures has been witnessed throughout the west Cork region. My research indicates a drop in revenue of approximately 30% across the board. Little did we realise what was to be lost to us. The Minister of the day with responsibility for tourism stated that the loss of the Cork-Swansea ferry service would have a minimal impact on tourism in the city and in west Cork. It is now crystal clear that the loss of our ferry service is akin to and on a par with the loss of the Heathrow slots to Shannon, when Aer Lingus pulled out.. With uncertainty looming over Cork Airport, it is of paramount importance that the ferry service is restored at the earliest opportunity. I recently heard the Minister for Enterprise, Trade and Employment state on the radio that perhaps the city corporation and county council should contribute to new ferry proposals. I take this opportunity to inform the Minister that the ratepayers of the county and city of Cork are pushed to their limit with rates, coupled with the cost of their services, and any monetary intervention would have to come from Government. Recent research shows that Ireland is now the third most popular holiday destination for the British public. In areas throughout west Cork which are not serviced by rail or bus, the ferry service was a lifeline for the many hotels, guest houses, bars, restaurants and seasonal businesses, such as boating services, pony trekking etc. A very large influx of golfers came from the west midlands, Wales and the south of England, and Europeans also used the service. With the demise of the service, it is alarming to find a fall-off in this type of business, which in the case of British visitors amounts to a drop of 51% in one west Cork golf club alone and an overall loss to the south-west region of at least \35 million. It is my contention that the impact has been anything but minimal. Figures at my disposal indicate that for almost three years of its existence, the ferry carried 285,250 passengers to the area, bringing with them 108,459 cars. These are real figures which show the loss to the region, 588 Ferry 19 February 2008. Services with peninsulas such as Beara, Muintir na Mara and the Mizen, with the associated towns and hinterlands becoming increasingly more dependent on tourism for survival. The lost revenue of these and the adjoining regions, if allowed to continue, has a lethal effect on the economic sustainability and viability of these proud communities which continuously battle on a daily basis for their existence. Lost revenue from this lucrative market has to be recaptured as soon as possible. There are talks and rumours abounding at present that others are in the process of providing a service but, as one correspondent recently stated, these are only phantom ships, and as we all know, phantom ships will bring phantom people with phantom money, which will not pay the piper at the end of the day. The Minister cannot stand idly by and watch our main industries in the peripheral area of our county disintegrate before our eyes. We have no rail service in south-west Cork, no roll- on roll-off service in the area, no bus service to the peripheral areas of our three peninsulas and not one mile of national primary route in the Cork south-west region. Does the Minister of State expect our inhabitants to survive on fresh air and cold water? At least, the Minister for Community, Gaeltacht and Rural Affairs, Deputy O´ Cuı´v, has subsidised ferry services to all the islands off our regions. It is not beyond the bounds of possibility for the Minister for Transport to subsidise a ferry service to aid the beleaguered tourist industry in south-west Cork. If the Minister, Deputy O´ Cuı´v, can do it for the islands, surely the Govern- ment can do it for the south-west Cork region. We now have no facilities to bring tourists into our region. Proper infrastructure is the key to a successful tourist business in that area. Every citizen in this country should be equally cherished, according to our Constitution. Actions speak louder than words. We have only three natural industries — agriculture, fisheries and tourism — and the first two are bedevilled by a quota system and the red tape of bureaucracy. Tourism has no quota. I ask the Minister to help to restore the industry and act before it is too late. The Cork-Swansea ferry service must be restored. It is of paramount importance to the area. No area in the country should be abandoned by the Government the way the south-west region has been abandoned.

Deputy Jimmy Devins: I am replying on behalf of my colleague, the Minister for Transport, Deputy Noel Dempsey. I thank Deputy Sheehan for raising this issue. The Cork Swansea Ferries Company suspended its service in 2007. The Minister for Trans- port appreciates the concerns that have been expressed in the region in response to this development. The Minister understands that a number of interested parties and stakeholders have been in discussions with the Port of Cork Company about the possibility of commencing a new passenger and freight service out of the port. The Minister is also informed that a commercial examination of the route has been carried out which indicates that, subject to procuring a suitable vessel, the service could be feasible on a year-round basis. The Port of Cork Company will certainly do what it can to facilitate the resumption of the service. The Minister for Transport is of the view that it is important that the market should offer a diverse range of maritime links both into and out of the State. That is vital to facilitating trade and tourism. It is hoped that the current efforts show that the service is commercially viable and that it can be resumed as soon as possible. I will outline other recent developments in the maritime sector. The Minister for Transport has responsibility for national ports policy which provides a framework for the provision of commercial port infrastructure and services that are efficient, effective and adequate for the needs of our trading economy. In addition, the Minister for Transport is the primary shareholder in the ten State-owned port companies, including the Port of Cork Company. However, he has no role in the day-to-day operational matters of the company. 589 Water and 19 February 2008. Sewerage Schemes

[Deputy Jimmy Devins.]

The principal objectives of the Port of Cork Company are to take all proper measures for the management, control, operation and development of its harbour. Current policy is to require the ports to operate commercially, without Exchequer support and to provide adequate in-time capacity for the future needs of the economy. The Port of Cork Company has a number of projects under development to significantly increase and improve the port facilities it has to offer within Cork harbour. The Minister for Transport also has responsibility for policy in regard to the shipping and maritime commerce sectors, which are the largest direct employers in the Irish maritime economy. The Irish Maritime Development Office, IMDO, is the shipping sector’s statutory, dedicated development and promotional agency. The Government has introduced a number of fiscal and strategic policy measures that have had significant positive impacts on the sector. Government policy to promote the shipping sector concentrates on fiscal areas, marketing and education. As regards fiscal reliefs, a range of beneficial fiscal reliefs, with EU state aid approval, is in place for the shipping sector. These include a full refund to employers of social insurance contributions relating to seagoing employees, a unique \6,350 income tax allowance for seafarers who are at sea for more than 161 days and a \5,000 tax-free allowance for Irish seafarers. As regards marketing, the Irish shipping industry is marketed through the Irish Maritime Development Office. The IMDO pursues its promotional activities, supported by the Depart- ment as appropriate, through direct marketing, including contact through the embassy network and through the holding of information seminars for the industry. The Government has also taken a number of initiatives in the area of maritime education. The \51 million National Maritime College of Ireland opened in autumn 2004 in Ringaskiddy, County Cork.

Deputy P. J. Sheehan: That is cold comfort for the tourism industry.

Deputy Jimmy Devins: Students pursuing careers at sea can now obtain qualifications in Europe’s most modem nautical college. The Department of Transport and the IMDO keep in close touch with the college management on its future development strategy. The Government also provides grants through the Irish Maritime Development Office for the training of seafarers, including cadets. These developments illustrate well the many initiatives that the Government is taking to promote the Irish maritime sector activity both at sea and on shore.

Deputy P. J. Sheehan: They are of no advantage to the tourism industry in west Cork.

Water and Sewerage Schemes. Deputy Phil Hogan: I thank the Leas-Cheann Comhairle and the Office of the Ceann Comh- airle for allowing me to raise this important matter in the Da´il tonight. I am motivated to do so by the information that has come to my attention that the commitment of providing the necessary funding for a local sewerage scheme in Freshford, County Kilkenny, has been put back from 2008 to 2010 under the water services programme. It is a pity that the people in the area were not made aware of this matter at an event that took place in May 2007, but I suppose that is not unusual in political terms. Freshford is an area of 1,500 people and, together with the villages of Johnstown and Gores- bridge in County Kilkenny, it has been on the waiting list for a considerable period of time to get a contract to proceed under the water services programme. It is well located, being a ten- minute drive from Kilkenny city. It is a very picturesque and beautiful part of County Kilkenny, 590 Water and 19 February 2008. Sewerage Schemes but it lacks the necessary infrastructure to allow the type of development that has gone on in other villages and towns. Recently it had a setback with the closure of the local meat factory. One of the problems that factory had over the years was difficulty in satisfying the local authority about the licensing arrangements for the disposal of sewage arising from the activity of that plant. It is an indictment of the local authority and the Department of the Environment, Heritage and Local Government in particular that the existing sewage treatment plant is no more than a septic tank that allows raw sewage to go into the River Nuenna in the village of Freshford. That has been the case for a considerable time. In the past four or five years, despite the best efforts of Kilkenny County Council, the Department of the Environment, Heritage and Local Government has been unable to provide the funds to allow this work to be carried out. The time has long passed for political promises from the Minister of State, Deputy McGuinness, who circulated correspondence to everybody before the last general election stating that there would be no difficulty in proceeding with this scheme in 2008. Now we know the truth that there is a problem with the timing of the funding. Every other town and village in the county has had a fair crack of the whip regarding funding for essential services and water and sewerage, but this village seems to have been left behind. People are having great difficulty getting planning approval for businesses and housing developments in the village. We should be encouraging those developers and promoters of those projects in this day and age in view of the decline in the level of interest in construction activity. We should be glad to have people willing to enter into private public partnerships or inject private investment into a place like Freshford to give it the necessary critical mass for the essential services required across the board, including child care and educational facilities. I am told the contract price for the bundle of projects is \5.1 million, which is not a lot of money in this day and age. The preliminary report has been sent to the Department of the Environment, Heritage and Local Government in the past week. However, like other experiences I have had as Fine Gael spokesman on the environment, it seems to take four or five years for all the toing and froing between local authority and the Department of the Envir- onment, Heritage and Local Government before money can be committed. However, in this case a solemn commitment was given by a Government representative that this project would be delivered in 2008. I am now told that July 2011 is the completion date for this project. The people of Freshford are incensed at the delay in the provision of this essential project. I ask the Minister of State to give us the necessary information that would allow the project to proceed as quickly as possible on behalf of the community of Freshford.

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): I appreciate the opportunity to clarify the position on this scheme. I am taking this matter on behalf of my colleague, the Minister for the Environment Heritage and Local Government. I thank the Deputy for raising the matter. Freshford is part of the Freshford, Johnstown and Goresbridge sewerage scheme which is approved to advance through planning under the Water Services Investment Programme 2007- 2009. The three locations have been combined under one scheme so that the overall package can be procured under a single contract. This will optimise the cost of building the infrastructure and will speed up the delivery phase since the same contractor will be involved from design through to completion. The scheme is one of 18 water services projects being progressed in County Kilkenny at present with the support of unprecedented Exchequer funding from the Department of the Environment, Heritage and Local Government under the national development plan. The current water services programme, which the Minister published in September 2007, provides for 591 Water and 19 February 2008. Sewerage Schemes

[Deputy Michael P. Kitt.] an investment of \127 million in water and sewerage infrastructure in County Kilkenny in the next few years. A copy of the programme is available in the Oireachtas Library. The range of new water and sewerage works planned and in progress is clear evidence of the Government’s determination to safeguard the environment, while at the same time making appropriate provision to secure new development areas across the country. The \7.9 million Freshford, Johnstown, Goresbridge scheme involves the expansion and overhaul of the existing wastewater treatment plants in each location, with major upgrading of the sewage collection networks. The expanded treatment plants will have a combined capacity to cater for a population equivalent of 5,000. Capacity at the Freshford plant is being increased to deal with a population equivalent of 2,000. This will ensure that existing needs are fully met and that there is scope to deal with additional demand for future development. The preliminary report for the scheme, which sets out the design parameters and objectives, was submitted to the Department by Kilkenny County Council last week. The Deputy will appreciate that multi-million euro projects that are being funded by the taxpayer must go through the proper planning and development processes to ensure that they meet their intended objectives, that they are designed and constructed in an environmentally acceptable and economical manner and that they produce treated wastewater or drinking water, as the case may be, to a standard that meets national and EU requirements. The Department is examining the preliminary report in this case and will respond to the council as soon as possible. Obviously it is not possible at this early stage to say whether the preliminary report is in order. However, the objective of the response will be to guide the council on how to advance the scheme through the remaining stages with the least possible delay. The Department will continue to work closely with Kilkenny County Council to ensure the scheme is delivered as soon as possible.

Deputy Paul Connaughton: I am very thankful for the opportunity to discuss this matter. I wish to raise on the floor of Da´il E´ ireann the impending closure of all development work at Mountbellew, County Galway, because of a lousy creaking sewerage system that was installed in the 1950s. As it is my home village, I know what I am talking about. The final blow for this most progressive small town came when a builder had a substantial housing and commercial project stopped dead in its tracks after Galway County Council had granted it planning permission. However, it had an unusual twist. An Bord Pleana´la granted planning but inserted a proviso that no work could commence until the upgrade of the sewerage system had been completed. Several other developments and many single houses will be prevented from starting because of An Bord Pleana´la’s decision. Mountbellew is the worst polluting village, with a population of between 500 and 1,000 inhabitants, in the proposed so-called group development, a term used by the Department of the Environment, Heritage and Local Government, where a number of other towns and villages need new schemes. In a report on water quality by the EPA, which has just come into my possession, Mountbel- lew frequently surpassed almost all other towns and villages in so far as pollution of the nearby River Shiven, a tributary of the River Suck, is concerned. Many business people in Mountbel- lew have to put up with a backup of the sewerage system. In fact, the flow of raw 9 o’clock sewage is so bad that, on inspection, it was found that the pipe carrying this foul material simply spews human excrement, washing machine detergents and many other pollutants into what was once a fine trout river, which is alas no more. A Niagara Falls- type surge of foul material can be seen at the outflow pipe in the river on rainy days when surface water in the town simply races through the only two tanks available to treat sewage. 592 Water and 19 February 2008. Sewerage Schemes

None of this pollution has anything to do with farmers. As the Minister of State knows, there are almost no farms between Mountbellew Bridge and Canavan’s Bridge. This most foul pollution must be ended immediately. According to the EPA’s 2005 report on effluent quality from secondary waste water in the Galway County Council area, Mountbellew was worse than Oughterard, Killimor, Portumna, Headford, Loughrea, Moycullen, Gort, Ballinasloe, Athenry and Tuam. That is from the official record so we can take it that there is a huge pollution problem in Mountbellew. In reply to a recent parliamentary question in the Da´il, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, informed me that the Mountbellew sewerage scheme is included in the Department’s water services investment programme 2007-09 as a scheme due to start construction in 2008. If one did not know enough about the system one would think that was good news but that does not appear to be the case at all. Galway County Council has presented the preliminary detailed file of the scheme to the Department but so far, after several months, there has been no response. Mountbellew cannot wait for another year. The Shiven river cannot and should not be expected to turn into a septic tank. The building projects now lined up for Mountbellew may well be diverted elsewhere. We need infrastructural developments in our town, which has always attracted high ratings in the Tidy Towns competition. Since budget day, Minister after Minister has said that investment in such infrastructural projects now makes greater sense than ever, given the downturn in the economy. I cannot understand why this action has not been taken. Will the Minister of State tell us that this scheme will be treated with the urgency it deserves? Will he ensure that it will be expedited by the Department as quickly as possible because we are dealing with the most polluted area? The Minister of State knows the area as well as I do so I expect nothing short of a total commitment so that work can begin within the next couple of months. That was promised to people before the last election but they are now looking for an answer. They want the project to get under way immediately.

Deputy Michael P. Kitt: I am taking this Adjournment matter on behalf of my colleague, the Minister for the Environment, Heritage and Local Government. I thank Deputy Connaughton for raising this issue. The Water Services Investment Programme 2007-09, which the Minister for the Envir- onment, Heritage and Local Government published in September 2007, includes more than 50 major water and sewerage schemes, with a value of over \464 million, for County Galway. The programme includes a further eight schemes with a value of over \114 million for Galway city. The Minister is pleased to confirm that the Mountbellew sewerage scheme, at an estimated cost of \5.958 million, is one of the schemes included in the programme. It is being bundled with sewerage schemes for Carna, Eyrecourt and Kilkieran for procurement purposes and is scheduled for a 2008 start in the investment programme. Funding has been allocated for the combined package and it will be able to go to construction once the planning and procurement processes have been completed. The present position is that Galway County Council’s preliminary report — which sets out details of the scope and likely cost of the scheme, and of the council’s proposals for advancing it — is under examination in the Department of the Environment, Heritage and Local Govern- ment. The Department’s examination is close to being completed and the Minister is confident that a response will issue to Galway County Council within the next few weeks. Approval of the preliminary report will allow the council to draw up the contract documents, which will be used to invite tenders for the scheme. This will be a major step forward towards 593 The 19 February 2008. Adjournment

[Deputy Michael P. Kitt.] the construction phase. The scheme is an important one for the local community, as the Deputy and I well know. It will ensure that the town has a sewerage scheme capable of meeting current demands, that there will be capacity to service new development and that environmental standards, including water quality in local rivers, will be preserved and improved for the benefit of the town and its residents. The Minister is conscious of the fact that this scheme is urgently needed to service new development. He has already indicated that Galway County Council can expect an early response to its preliminary report and he will ensure that there is no avoidable delay by the Department in this regard.

The Da´il adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 20 February 2008.

594 Questions— 19 February 2008. Written Answers

Written Answers.

————————

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

————————

Questions Nos. 1 to 12, inclusive, answered orally.

Questions Nos. 13 to 106, inclusive, resubmitted.

Questions Nos. 107 to 112, inclusive, answered orally.

Question No. 113 answered with Question No. 112.

Hearing Impairment Claims. 114. Deputy Joe Costello asked the Minister for Defence the number of claims for damages by members of the Defence Forces for deafness determined in court or settled out of court at the latest date for which figures are available; the amount paid out today in terms of damages and legal costs; the number of such claims outstanding; and if he will make a statement on the matter. [6329/08]

Minister for Defence (Deputy Willie O’Dea): Up to 31 December 2007, a total of 15,913 hearing loss cases had been disposed of by the Department of Defence or the State Claims Agency and a further 879 cases were outstanding. The total expenditure on these cases up to 31 December 2007 was \285 million. Compensation paid totalled \187.1 million and legal costs totalled \97.9 million. Of the 15,913 cases finalised, 271 were the subject of court awards and 12,741 resulted in compensation payments from out of court settlements or under the so-called “Early Settlement Scheme”. A number of cases were either withdrawn or dismissed. The “Early Settlement Scheme” (ESS) was an administrative process used to negotiate early settlements in hearing loss cases where liability was not contested. The ESS process was introduced to dispose of the large volume of claims more cost effectively and speedily than would have been the case had proceedings been allowed to reach finality through the court system. The ESS for settlement of hearing loss cases was wound up in 2004. Following the signature of a revised Delegation Order by the Government in July 2005 the management of all outstanding or new cases was delegated to the State Claims Agency with effect from 1st September 2005 595 Questions— 19 February 2008. Written Answers

Army Strength. 115. Deputy Jimmy Deenihan asked the Minister for Defence when the commitment made in the programme for Government 2007 to provide the Defence Forces with an additional 350 military personnel in training will be fully implemented; and if he will make a statement on the matter. [6360/08]

Minister for Defence (Deputy Willie O’Dea): The White Paper on Defence of February 2000 set out a figure of 10,500 personnel for the Permanent Defence Force as the strength sufficient to meet all foreseeable military requirements for the period comprehended by the White Paper (i.e. up to 2010). This remains the position. It is my intention to maintain the established Government policy of ongoing recruitment to the Defence Forces. This recruitment will continue to maintain the strength at the level set out in the White Paper. The agreed Programme for Government provides for an additional provision of up to 350 troops to be in training at any given time. However, as I already made clear to the House in December last it has not been possible to provide funding to activate the provision in 2008. This is due primarily to the requirement to prioritise funding for the Chad mission. This matter will be further considered in the context of the 2009 Estimates.

Public Information Campaign. 116. Deputy Pat Rabbitte asked the Minister for Defence his proposals in regard to the 2008 annual programme of major stimulated exercises and to use these structured exercises to support sustained public awareness and reassurance. [6344/08]

119. Deputy Charlie O’Connor asked the Minister for Defence the progress as chairman of the Government’s Task Force on Emergency Planning he has made in preparing a public information campaign on emergency planning; when it is proposed to run the campaign; the costs involved; and if he will make a statement on the matter. [6372/08]

138. Deputy Joe Costello asked the Minister for Defence his proposals for the distribution of a new handbook on emergency planning to every household; when the distribution of the booklet will begin; the way it will be distributed; the anticipated cost; and if he will make a statement on the matter. [6328/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 116, 119 and 138 together. As Chairman of the Government Task Force on Emergency Planning, I am conscious of the need to raise public awareness of the excellent work that is being undertaken in this area by government departments and public authorities. In 2006, the Office of Emergency Planning carried out market research into this issue and the results showed that a majority of people did not know what plans the State has to deal with major emergencies or what actions they should take in the event of an emergency occurring. Following on from this research, I subsequently proposed a communications strategy to Government for the implementation of a public information and awareness campaign on emergency planning. The campaign, which was approved by Government in October 2006, provides for the following initiatives: • production and countrywide distribution of an introductory handbook on emergency planning 596 Questions— 19 February 2008. Written Answers

• a media advertising campaign to let people know what this handbook is about and to provide reassurance that its publication is part of the continuing development of emergency planning and not a cause for alarm. • the use of structured exercises on an ongoing basis by individual departments to deliver key messages on their emergency plans to the wider public.

This will be the first time that information on all of the State’s emergency plans are presented to the public in an easy to read handbook. The handbook will also provide practical advice on how individuals themselves can prepare for some of the more common emergencies. The handbook will be launched in April next and it will be distributed to homes over a two-week period. The total cost is approximately \2.5 million. I wrote to my Cabinet colleagues earlier this month and requested that all departments and relevant agencies exercise their plans at a strategic level in order to reassure the public that these plans are of a high standard and are kept under constant review.

Defence Forces Patients Charter. 117. Deputy Richard Bruton asked the Minister for Defence the progress to date on the implementation of the Defence Forces patients charter; and if he will make a statement on the matter. [6354/08]

151. Deputy Jan O’Sullivan asked the Minister for Defence his new proposals in regard to attracting personnel to the Medical Corps. [6339/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 117 and 151 together. I can assure the House that Defence Forces personnel requiring medical treatment are getting the care they need. The challenges in the medical arena have been recognized for some time and a review of the provision of medical services is ongoing as part of the Modernisation Agenda for the Defence Forces. The Representative Associations are involved with us in this review. The scope of the review includes the level of service to be provided to members of the Defence Forces and the resources required for the delivery of that service. The review has already produced a Patients Charter with the agreement of all parties. I welcome the agreement on the Patients Charter as it clearly identifies the rights of members of the Defence Forces as patients, their obligations as users of the Defence Forces medical services and the obligations on the providers of the services. The full implementation of the Patients Charter is awaiting completion of the administrative procedures governing the referral by the Medical Corps of patients for external medical treatment. This is expected to be completed shortly. However, the key issue at this time is the acknowledged shortage of Medical Officers (Doctors) in the Medical Corps. The establishment for doctors is forty seven (47). The current strength of Medical Officers serving in the Defence Forces is twenty two (22). The difficulties with the recruitment of Medical Officers have endured for some time despite the concerted efforts of my Department and the Defence Forces. The numbers attracted to work in the Defence Forces have served only to address natural wastage. The pay and allowances of doctors and dentists were recently increased substantially in consultation with the Minister for Finance. In addition, the Defence Forces have recently undertaken an intensive recruitment campaign. The results of both of these initiatives have been disappointing. 597 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.]

The services of civilian medical Practitioners are used to provide back-up to the Medical Corps in ensuring that the primary health care requirements are met. In addition to providing primary care, the Medical Corps must also deliver a range of services to the Defence Forces including occupational medical services. In view of the complexity of the challenge and the need for concrete steps, I have decided to engage consultants to make recommendations on the best means of meeting the medical requirements of the Defence Forces. I will shortly issue documents to invite tenders for this consultancy. The consultancy will deal with all relevant issues affecting the sustainable provision of the relevant medical expertise and services to the Defence Forces. My officials have also had exploratory discussions with the Health Service Executive (HSE) about possible sharing of resources or a reciprocal arrangement that would provide opportunities for Defence Force Doctors to develop their skills and competencies and gain experience within a large health care environment. Further discussions are scheduled for the coming weeks. The development of the capacity of the Medical Corps forms part of the agreed programme for Government. I am committed to providing a sustainable medical service to meet the needs of the Defence Forces both at home and abroad.

Question No. 118 answered with Question No. 112.

Question No. 119 answered with Question No. 116.

Overseas Missions. 120. Deputy John Curran asked the Minister for Defence if he will report on the explosion that occurred in the Lebanon on 8 January 2008 injuring two members of the Defence Forces serving with UNIFIL; the number of Irish troops serving both with UNIFIL and in the region; and if he will make a statement on the matter. [6370/08]

122. Deputy Joan Burton asked the Minister for Defence the investigation that has been held into the attack on a UN vehicle in Lebanon on 8 January 2008 in which two Irish soldiers were injured; if it is has been established who was responsible for the attack; and if he will make a statement on the matter. [6326/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 120 and 122 together. On 8th January 2008, two members of the Permanent Defence Forces, serving with the United Nations Interim Force in Lebanon (UNIFIL) were injured when the UNIFIL vehicle in which they were travelling was targeted by a roadside bomb on the main coastal road north of Sidon. The soldiers had superficial injuries and were taken to the local hospital in Sidon by Lebanese army personnel. The soldiers were treated for their injuries and kept in over-night for observation. Both were discharged from the hospital on the following day, 9th January and they then returned to Naqoura. A UNIFIL investigation team, led by an Irish officer, is investigating this incident. The investigation is ongoing. Seven members of the Permanent Defence Force are currently deployed in the UNIFIL HQ in Naqoura. A further 3 personnel are serving with the Observer Group Lebanon element of United Nations Troops Supervision Organisation (UNTSO).

598 Questions— 19 February 2008. Written Answers

Defence Forces Equipment. 121. Deputy Pat Rabbitte asked the Minister for Defence his proposals in 2008 to increase the size of the Navy flotilla and develop the Air Corps airlift capabilities. [6345/08]

Minister for Defence (Deputy Willie O’Dea): Following Government approval to go to tender, notice of a competition for the purchase of replacement vessels for the Naval Service was sent to the Official Journal of the European Union on 24 August 2007. The competition sought tenders for the purchase of two Offshore Patrol Vessels and one Extended Patrol Ves- sel, with an option for up to two additional vessels. The process comprises two stages — Stage 1, a Request for Proposals and Stage 2, an Invitation to Tender. The closing date for Stage 1- Request for Proposals was 26 October 2007. Stage 1 Proposals are being evaluated at present in my Department and following the evaluation a detailed specification will issue to those invited to participate in Stage 2 — Invitation to Tender. The “Invit- ation to Tender” is expected to issue in May 2008, with tenders due for return in July/August. Following detailed tender evaluation it is expected that a contract will be awarded in late 2008/early 2009 with delivery being 18 months to 2 years later. It is likely that the vessels acquired as a result of this process will be significantly larger than those they are replacing. Recent years have seen the Air Corps take delivery of many new aircraft, with eight Pilatus trainers, 2 EC135 training helicopter and the 4 AW 139 utility helicopters. A further 2 utility helicopters are due for delivery this year. The main focus of the Air Corps in 2008 will be on introducing these into service and on developing their capabilities with the aircraft introduced into service in recent years.

Question No. 122 answered with Question No. 120.

Defence Forces Medical Services. 123. Deputy James Bannon asked the Minister for Defence the reason it is not possible for all former medical officers employed in the Defence Forces to conduct annual medical examinations and assist in eliminating any shortfall that may exist. [6350/08]

159. Deputy Bernard Allen asked the Minister for Defence the number of annual medical examinations conducted by the Defence Forces Medical Services in 2007; the reason for any shortfall; and the way he proposes to eradicate this deficit in 2008. [6349/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 123 and 159 together. All members of the Permanent Defence Forces are required to undergo an annual medical examination. In 2007 a total of 8,111 annual medicals were conducted. The shortage of Medical Officers in the Medical Corps was the principal reason why every member of the Defence Forces did not undergo a medical examination in 2007. Personnel due to serve overseas, those wishing to extend service and recruits and cadets are among those prioritised for medical examination. The services of civilian medical Practitioners are used to provide back-up to the Medical Corps in ensuring that the primary health care requirements of the Defence Forces are met. This can include retired Defence Force medical officers. However, previous service in the Defence Forces does not, of itself, constitute sufficient reason to engage any particular doctor. Annual medical examinations are part of the occupational medical service of the Defence Forces and the preference is, therefore, that they be conducted by serving Medical Officers. 599 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.]

The challenges facing the Medical Corps have been recognized for some time and a review of the provision of medical services is ongoing as part of the Modernisation Agenda for the Defence Forces. The Representative Associations are involved with us in this review. The scope of the review includes the level of service to be provided to members of the Defence Forces and the resources required for the delivery of that service. Given the ongoing issues and mindful of the need to make progress in this area I have decided to engage consultants to make recommendations on the best means of meeting the medical requirements of the Defence Forces. The potential contribution of civilian medical practitioners will be within the scope of this consultancy. The documents to invite tenders for this consultancy will be issued shortly.

Departmental Staff. 124. Deputy Noel J. Coonan asked the Minister for Defence the number of civil servants by grade serving in his Department by grade on 1 January 1996, 1 January 2000 and 1 January 2008 together with the ratio of principal officers, assistant principal officers and higher executive officers to clerical officers. [6362/08]

Minister for Defence (Deputy Willie O’Dea): The reply is in the form of a tabular statement.

Number of civil servants by grade serving in the Department of Defence

Grade 1 Jan 1996 1 Jan 2000 1 Jan 2008

Secretary General 1 1 1 Assistant Secretary 2 2 2 Head of Corporate Services 1 1 1 Principal 9 11 12.9 Chief Technical Officer (Civil Defence) 1 1 — Accountant Grade I 1 1 1 Assistant Principal 24 24 34 Technical Officer Grade II 2 2 — Higher Executive Officer 58.5 64.5 49.4 Properties Officer 1 1 1 Administrative Officer — — 2 Executive Officer 58.5 73.5 76.8 Assistant Properties Officer 1 1 — Staff Officer 30 34 33.4 Senior Technical Assistant 1 1 — Clerical Officer 131.5 172 133.8 Clerical Assistant 60.5 Grade merged with Clerical Officer Grade Paperkeeper 3 — — Examiner of Maps 1 1 —

Total 387 391 331.4

The ratio of Principal Officers, Assistant Principals and Higher Executive Officers to Clerical Officers is as follows: 600 Questions— 19 February 2008. Written Answers

1 Jan 1996 1 Jan 2000 1 Jan 2008

Principal to Clerical Officer 1 : 15 1 : 16 1 : 10 Assistant Principals to Clerical Officer 1 : 5 1 : 7 1 : 4 Higher Executive Officers to Clerical Officers 1 : 2 1 : 3 1 : 3

The figures for 2008 exclude staff in the Civil Defence Board which was established as a separate agency on the 7th of May 2003.

Medical Appointments. 125. Deputy Pat Breen asked the Minister for Defence the number of enlisted personnel referred to medical consultants in 2007; the average waiting period; and if he will make a statement on the matter. [6352/08]

Minister for Defence (Deputy Willie O’Dea): There is no central data-base of referrals of members of the Defence Forces to medical consultants either at Defence Forces Headquarters, Brigade or Unit level. The record of a referral is maintained on the individual’s file. Conse- quently, the information requested is not readily available and compiling it would require a disproportionate amount of resources.

Question No. 126 answered with Question No. 112.

Child Care Facilities. 127. Deputy Deirdre Clune asked the Minister for Defence the progress made on providing a workplace child care facility in the Curragh Camp; and if he will make a statement on the matter. [6359/08]

Minister for Defence (Deputy Willie O’Dea): A request to provide cre`che facilities for members of the Defence Forces has been made by the Defence Forces Representative Associ- ations. The Defence Forces Partnership Steering Group, which was established following on from Partnership 2000, has tasked a Partnership Sub-Committee with examining the issue of the provision of childcare facilities under a number of headings, including demand for places, location and cost. The report from the Sub-Committee on the feasibility of the project is awaited.

Court Cases. 128. Deputy Eamon Gilmore asked the Minister for Defence the estimated cost to the Defence Forces of payments and legal costs arising from a decision of the Circuit Court to dismiss a case taken by his Department against a person (details supplied) over alleged over- claiming of overseas expenses; if other similar cases being taken by his Department have been settled; the estimated costs involved in these cases. [6331/08]

Minister for Defence (Deputy Willie O’Dea): As this matter is still within the Judicial process the Deputy will appreciate that it would be wholly inappropriate for me to comment on the matter.

Questions Nos. 129 to 131, inclusive, answered with Question No. 112.

601 Questions— 19 February 2008. Written Answers

Bullying in the Workplace. 132. Deputy Ruairı´ Quinn asked the Minister for Defence if he will report on the operation of the equality and anti-bullying measures in the military in 2007. [6342/08]

Minister for Defence (Deputy Willie O’Dea): The Defence Forces and the Department have taken a wide variety of initiatives and have devoted extensive resources to this issue, since Dr Eileen Doyle and the External Advisory Committee presented their original report “The Chal- lenge of a Workplace” in March 2002. This report addressed the entire range of interpersonal issues within the Defence Forces. Its contents and recommendations were accepted in full. An Independent Monitoring Group was established in May 2002 to oversee the implementation of the recommendations of the original Doyle Report. The Independent Monitoring Group’s own progress report, “Response to the Challenge of a Workplace” was launched by my predecessor on 24 September 2004. It describes the significant progress achieved since the publication of the original Doyle Report in 2002. The report is available on the Defence Forces website. The ongoing implementation of the recommendations of the Doyle report has been one of the highest priorities for the Defence Forces and the Department since its publication. Policies on equality, dignity and bullying are being constantly communicated to all ranks. I am satisfied that the military authorities are alert and vigilant to this issue and are committed to addressing the matter in a continuing and proactive manner through educational modules on interpersonal relationships which are now embedded in career courses for all ranks. My Department has received a total of six (6) claims in 2007 that primarily allege bullying/harassment. In addition, seventeen (17) calls were received by Careline during 2007. Careline is an independent external confidential “Free Phone” Helpline and Counselling Service which was set up for members of the Permanent Defence Force in March 2003. One (1) related to bullying/harassment. The Independent Monitoring Group recommended that a review of progress within the Defence Forces should take place in 2007 and that it should be published. I can confirm that the first meeting of the review group, including representatives of military management, PDFORRA, RACO, Department of Defence and external expertise is scheduled to take place this month.

Overseas Missions. 133. Deputy Thomas P. Broughan asked the Minister for Defence the number of Irish troops currently serving in Kosovo; if he is satisfied with all arrangements for their safety and security having regard to the expected unilateral declaration of independence by Kosovo; and if he will make a statement on the matter. [6325/08]

Minister for Defence (Deputy Willie O’Dea): KFOR was established on 10 June, 1999 in accordance with UN Security Council Resolution (UNSCR) 1244, for an initial period of twelve months, to continue thereafter unless the UN Security Council decides otherwise. KFOR’s mandate is to establish a secure environment in Kosovo conducive to the implementation of refugee return and reconstruction. KFOR has a current strength of approximately 15,000 troops drawn from 24 NATO countries and 11 non-NATO countries including Ireland, Austria, Finland and Sweden. KFOR operates under Chapter VII of the United Nations Charter, that is, it is entitled to use force to implement its mandate and to protect itself and the international civil presence.

602 Questions— 19 February 2008. Written Answers

Ireland has participated in KFOR since August 1999. The total number of Irish troops currently serving in Kosovo is 285. The figure is broken down as follows:

• 37th Infantry Group — 217

• Headquarters Staff — 11

• Framework Nation Staff — 57

The Irish (37th) Infantry Group, currently serves in the Multi-National Task Force (Centre) — MNTF (C) — with Ireland as current lead nation. In addition to Ireland, the Task Force also comprises troops from the Czech Republic, the Slovak Republic, Sweden, Finland and Latvia. The Task Force’s area of responsibility is generally the Pristina region, covering 7 municipalities with a population of approximately 1 million. The Irish commitment comprises a MOWAG mounted APC Company together with support and logistic elements and various HQ personnel. In August 2007, Ireland assumed responsibility as Framework Nation for the Multinational Task Force Centre (MNTF (C)) in KFOR for a period of 12 months and additional Defence Forces personnel were deployed to KFOR, for the Framework Nation period. Brigadier General Gerry Hegarty from the Defence Forces assumed command of the MNTF (C) when Ireland took on the framework nation role commanding 1,200 troops from 6 nations. Currently 57 Irish Defence Forces personnel serve with the Framework Nation. I am satisfied that all appropriate security measures are in place to ensure the safety of all Defence Forces personnel serving in KFOR. They are equipped with the most modern and effective equipment. This equipment enables troops to carry out the mission assigned, as well as providing the required protection specific to the mission. I can assure the House that ongoing threat assessments are carried out in mission areas and we continually review both personal equipment and force assets, to ensure that Defence Forces personnel are appropriately equipped to fulfil their roles. No mission is without danger, but I am satisfied that all appropriate security measures are in place to ensure the safety of all Defence Forces personnel serving in KFOR. On 17 February 2008, the Kosovo Assembly adopted a resolution which declares Kosovo to be independent. The EU General Affairs and External Relations Council (GAERC) of 18 February agreed a common EU response to the declaration of independence, which amongst other important provisions recalled the EU’s commitments contained in the European Con- clusions of 14 December 2007, as well as the agreement to Joint Actions establishing an ESDP Police and Rule of Law mission and appointing an EU Special Representative in Kosovo. The conclusions also stated that the EU will continue to cooperate with the UN, KFOR, OSCE and other international actors in order to preserve stability in the region. I was speaking to Brigadier General Gerry Hegarty earlier this morning and he informed me that the situation in Kosovo, following this declaration remains relatively calm. KFOR troops are on standby and patrolling.

Veterans Groups. 134. Deputy Willie Penrose asked the Minister for Defence the amount of subvention provided in 2007 to support and encourage the work of the officially recognised veterans groups (details supplied) and the provision made in 2008. [6340/08]

165. Deputy Charlie O’Connor asked the Minister for Defence the progress his Department is making in implementing the commitment in the programme for Government to provide

603 Questions— 19 February 2008. Written Answers

[Deputy Charlie O’Connor.] annual subventions to support and encourage the excellent work of the officially recognised veterans groups ONET and IUNVA; and if he will make a statement on the matter. [6371/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 134 and 165 together. The Organisation of National Ex-Servicemen and Women, or O´ glaigh Na´isiu´ nta na hE´ ireann Teoranta (ONET) has enjoyed the long-standing official recognition of my Department and the Defence Forces. ONET is dedicated to looking after the welfare of all ex-service personnel of the Irish Defence Forces. A main objective of ONET is to ensure the welfare of ex- servicemen and women by way of providing accommodation to homeless members in need of such domestic accommodation and providing other assistance that may be required by way of advising referrals to the relevant agencies. The Irish United Nations Veterans Association (IUNVA) was formed in 1990. Membership is available to those, both serving and retired, who have successfully completed a tour of duty with a UN Force or Organisation. Both associations are financed primarily through membership fees, voluntary contributions and fundraising. In October 2006, in recognition of the valuable work of ONET and IUNVA and to mark almost 50 years of Defence Forces involvement in international peacekeeping with the United Nations, I was pleased to support the work of both organisations in the form of a once off grant of \50,000 to each from my Department. The Agreed Programme for Government June 2007 commits to the provision of annual subventions to ONET and IUNVA. I am advised that this can best be achieved through the payment of an annual grant-in-aid to both of these voluntary organisations. Officials from my Department are currently in discussions with both organisations with regard to the arrangements for the payment of these grants-in-aid.

Commemorative Events. 135. Deputy Ciara´n Lynch asked the Minister for Defence the proposals for official commem- orations in 2008 for the anniversary of the Easter Rising; and if he will make a statement on the matter. [6334/08]

Minister for Defence (Deputy Willie O’Dea): A commemoration will be held this Easter Sunday at the GPO to mark the 92nd anniversary of the Easter Rising 1916. The format of this year’s commemoration will be a military ceremony centred on the GPO with appropriate military honours rendered. Personnel from the Army, Air Corps, Naval Service and Reserve will participate and there will be an Air Corps fly past subject to prevailing weather conditions. The ceremony will be attended by the President, An Taoiseach and a small number of invited guests. The ceremony, similar to last year’s ceremony, will consist of a reading of the procla- mation, the laying of a wreath by the President and a flag raising ceremony. Details of the ceremony will be published in the newspapers closer to the event.

Question No. 136 answered with Question No. 112.

Compensation Payments. 137. Deputy Eamon Gilmore asked the Minister for Defence the amount paid out to members of the Defence Forces for each of the past five years in respect of compensation claims for injury or illness; the amount paid in respect of legal costs associated with these claims

604 Questions— 19 February 2008. Written Answers in the same period; the steps being taken to reduce the level of such claims; and if he will make a statement on the matter. [6330/08]

Minister for Defence (Deputy Willie O’Dea): The information sought by the Deputy is in the form of a Tabular Statement. The figures in the Tabular Statement represent the amounts paid in settlement of actions against the Minister for Defence. They include payments to serving and non-serving members of the Permanent and Reserve Defence Forces in respect of personal injuries and material damage. They also include amounts paid to Civilian Employees, and members of the public. I am concerned, of course, to ensure that such claims are kept to a minimum and that when they do arise they are dealt with expeditiously and efficiently. The State Claims Agency has been working with the Defence Forces and the Department of Defence to examine incidents giving rise to claims and trends emerging in order to identify and obviate, if possible, the underlying causes of injury to civilian and Defence Forces personnel. In 2004, the Defence Forces established a Risk Management Steering Group and a Risk Management Implementation Group to implement the overall Defence Forces Risk Manage- ment Policy. An Instruction on Health and Safety Risk Management was promulgated throughout the Defence Forces in 2006. During 2006, external auditors from the State Claims Agency carried out a comprehensive audit of the Defence Forces Health and Safety Management systems. This audit examined systems in Defence Forces HQ, in each Formation and in 14 different Units selected by the auditors. All areas audited met with OHSAS 18001 standards. The Defence Forces is the first State organisation to have its Safety Management System validated by the State Claims Agency.

Non Hearing Loss Claims

Year Awards/Settlements Legal Fees \\

2003 3,522,547 1,030,490 2004 3,149,599 1,755,582 2005 3,403,930 2,101,038 2006 3,178,452 3,022,502 2007 2,011,443 2,584,526

Question No. 138 answered with Question No. 116.

Army Barracks. 139. Deputy Michael D’Arcy asked the Minister for Defence the reason the proposed renovation of military accommodation in A, B and C blocks in Cathal Brugha Barracks has not commenced on schedule; when work will start; and the revised projected completion date. [6366/08]

Minister for Defence (Deputy Willie O’Dea): Defence Forces Regulations require members of the Defence Forces to live in Barracks unless they are given permission to live out. Over the years the practice has been for significant numbers of personnel to live out of barracks. Currently, the Defence Forces have the capacity to provide long-term living-in accommodation for up to 2,800 personnel, which represents about 25% of all personnel. This is in 605 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.] addition to a significant capacity to provide short-term accommodation for those engaged in training or participating in military exercises or operations. As part of the Defence Forces modernisation programme \40m (approximately) has been spent from 1999 to-date on refurbishing both long-term and short-term accommodation across the Defence Forces. Arising from the changing security situation and to provide a sound basis for future modernisation of living-in accommodation my Department, in conjunction with the military authorities, is undertaking a study to identify the Defence Forces’ overall operational requirement for personnel required to live in barracks and the standard of accommodation to be provided. I expect that this work will be completed in the coming weeks. The outcome of the study will provide the basis for a 3-5 year programme of refurbishment of living-in accommodation to be undertaken in conjunction with the overall Defence Force Infrastructure Development Programme. In considering the priorities for the building programme for 2008 and 2009 my Department has decided that no further costs will be incurred on the refurbishment of living-in accommodation until the 3-5 year plan is in place. The requirement for living-in accommodation in Cathal Brugha Barracks is being considered as part of the overall Defence Force requirements and the provision of any accommodation required there will be addressed in the 3-5 year programme. Arising from the outcome of the living-in study I will also consider amending the Regulations to reflect a change in emphasis from one of people living in unless given permission to live out, to one of people living out unless required to live-in.

Decentralisation Programme. 140. Deputy Michael Creed asked the Minister for Defence the reason the option of co- locating elements of his Department and elements of defence headquarters was not implemented as part of the Government’s decentralisation initiative. [6364/08]

Minister for Defence (Deputy Willie O’Dea): The Government Decision on decentralisation, announced by the Minister for Finance in his Budget Statement on 3 December 2003, provides for the transfer of all of my Department’s Dublin based civil service staff to Newbridge, Co. Kildare and the transfer of Defence Forces Headquarters to the Curragh. In addition to the 200 civil servants who will be based in Newbridge, over 40 military personnel, including the Chief of Staff and the Deputy Chiefs of Staff, will be co-located with my Department.

Defence Forces Recruitment. 141. Deputy Kathleen Lynch asked the Minister for Defence his views on the call by the UN Committee on the Rights of the Child to raise the minimum age for membership of the Defence Forces to 18; the number of personnel under 18 who are currently full members or in training; and if he will make a statement on the matter. [6336/08]

Minister for Defence (Deputy Willie O’Dea): I have carefully considered the recent report of the UN Committee on the Rights of the Child including the suggesting of raising the minimum age for recruitment to the Defence Forces. Attracting, training and retaining good calibre personnel are key factors in maintaining the successful operation of the Defence Forces at home and abroad. The Defence Forces compete to attract these personnel and the current arrangements governing the age for recruitment forms part of the overall human resources strategy.

606 Questions— 19 February 2008. Written Answers

Under Defence Forces Regulations and Administrative Instructions, the minimum age for ‘general service enlistment’ to all branches of the Defence Forces is 17 years. General service enlistment is immediately followed by a basic training period of several months, before the recruit is “passed out” as an active member of the PDF. The duration and structure of this training is such that few enlisted personnel become available for any operational military duties within the State while they are under 18 years of age. Members of the Defence Forces must be over 18 years of age before they are deployed abroad on peace support operations. The minimum age of entry for cadets is also 17 years. Cadets undergo a structured programme of training of more than 12 months duration that leads to the award of a Commission as a junior Officer. The minimum age of entry for the Reserve Defence Force is also 17. Members of the Reserve are not accepted as being trained to the minimum standard required for Reserve operations until they have completed their ‘Three Star Private’ Course that is normally conducted in the second year of service. Therefore the vast majority of Reserve entrants are not eligible for any operational military duties until they are at least of age 18. There is one exception to the legal minimum age of 17 years. Regulations currently permit the recruitment of trade ‘apprentices’ for the PDF specifically as trade apprentices from the age of 16 onwards. However, administrative practice is to set the minimum entry age for PDF apprentice entrants at 17 years. Apprentice entrants are assigned to special technological courses of training and study lasting for 3-4 years. Apprentices are not assigned to military duties until they have completed their specialist technical/ technological training. In practice, therefore, Defence Forces personnel who are under 18 years of age are essentially in the preliminary stages of training. They remain under the direct supervision of experienced and competent Officers and Non Commissioned Officers. They are within a supportive and structured military training system that optimises their development and continually reviews and assesses their progress in training. Applicants for the Defence Forces who are under 18 years of age must have the written consent of a parent or a legal guardian. In recent years, about 22% of the personnel intake into the Permanent Defence Force has been under 18 years of age at entry. There are currently 29 personnel serving in the PDF who are under 18 years of age, 27 of whom are still in training. There are currently 251 personnel serving in the Reserve Defence Force who are under 18 years of age. Of these 199 are undergoing recruit training, 34 are undergoing “Two-Star” to “Three-Star” training and the remaining 18 have achieved Private Three-Star rank. In the light of the foregoing explanation and the requirement to attract good personnel and key skills to the PDF and to local units of the RDF, I do not propose to amend the minimum age for recruitment to the Defence Forces.

Defence Forces Medical Officers. 142. Deputy Pat Breen asked the Minister for Defence the number of currently serving Defence Forces medical officers who meet the criteria for membership of a specialist register; the register classification; and if he will make a statement on the matter. [6353/08]

Minister for Defence (Deputy Willie O’Dea): The military authorities have advised that, based on a review of the current Medical Register, Defence Forces Medical Officers hold the following registration

607 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.]

Specialist Register Number of Defence Forces Medical Officers

Occupational Medicine Six Sports Medicine One Psychiatry One Pathology One General Practice One

The one person entered on the sports medicine section of the Register is also registered in the occupational section. All Medical Officers serving in the Defence Forces hold full registration with the Medical Council. I am advised that it is not possible to ascertain how many currently serving Medical officers meet the criteria for inclusion on a Specialist Register. Inclusion on a Specialist Register is not mandatory. A doctor could well meet the criteria but choose not register. It is only on registration that eligibility is confirmed. Also, some Medical Officers may well meet the criteria for more than one Special Register, but be registered on only one.

Defence Forces Expenditure. 143. Deputy James Bannon asked the Minister for Defence the number of civilian doctors, dentists, pharmacists and physiotherapists providing services to the Defence Forces, for the year ending 31 December 2007; the amount paid to them collectively; and if he will make a statement on the matter. [6351/08]

Minister for Defence (Deputy Willie O’Dea): The numbers of civilian doctors, dentists, pharmacists and physiotherapists who provided services to the Defence Forces, in the year ending 31 December, 2007 are listed as follows:

Amount paid

Doctors 334 2,425,436 Physios 121 439,034 Dentists 167 1,113,385 Pharmacies1 35 512,450 Pharmacists2 2 46,080 1The amount shown under Pharmacies is in respect of prescriptions and dispensing fees. 2The Pharmacists were engaged under contract during 2007.

The key issue in the provision of medical services to the Defence Forces at this time is the acknowledged shortage of Medical Officers (Doctors) in the Medical Corps. The establishment for doctors is forty seven (47). The current strength of Medical Officers serving in the Defence Forces is twenty two (22). The difficulties with the recruitment of Medical Officers have endured for some time despite the concerted efforts of my Department and the Defence Forces. The numbers attracted to work in the Defence Forces have served only to address natural wastage. The pay and allowances of doctors and dentists were recently increased substantially in consultation with the Minister for Finance. In addition, the Defence Forces have recently undertaken an intensive recruitment campaign. The results of both of these initiatives have been disappointing. 608 Questions— 19 February 2008. Written Answers

Question No. 144 answered with Question No. 112.

Defence Forces Strength. 145. Deputy Bernard J. Durkan asked the Minister for Defence if he has proposals to augment the strength of the Defence Forces all ranks male and female; if he will augment, upgrade or otherwise enhance military and vehicular equipment; and if he will make a statement on the matter. [6374/08]

616. Deputy Bernard J. Durkan asked the Minister for Defence if he will increase the strength of the Army, Navy and Air-Corp with particular reference to the need to maintain specific strength during Irish troop deployment overseas; and if he will make a statement on the matter. [6781/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 145 and 616 together. The White Paper on Defence of February 2000 set out a figure of 10,500 personnel for the Permanent Defence Force as the strength sufficient to meet all foreseeable military requirements for the period comprehended by the White Paper (i.e. up to 2010). This remains the position. It is my intention to maintain the established Government policy of ongoing recruitment to the Defence Forces. This recruitment will continue to maintain the strength at the level set out in the White Paper. The agreed Programme for Government provides for an additional provision of up to 350 troops to be in training at any given time. However, due primarily to the requirement to prioritise funding for the Chad mission, it has not been possible to provide funding to activate this provision in 2008. This matter will be further considered in the context of the 2009 Estimates. The White Paper on Defence provides for an allocation of up to 850 Permanent Defence Force personnel to be deployed overseas at any one time. While this may be exceeded for short periods, deployments above this level are not sustainable on an ongoing basis within existing resources. Any commitments to EU or UN missions will be met within this context. The acquisition of new equipment for the Defence Forces continues to be a key focus for me as Minister for Defence. Significant investment has taken place in recent years across all facets and elements of the Defence Forces. This investment has been assisted by pay savings arising from the reduction in the strength of the Permanent Defence Force in the context of the White Paper, which have been fully re-invested in the provision of equipment and infrastructure for the Defence Forces. From the Army’s perspective the major investment has been in the contracts for Mowag Armoured Personnel Carriers. In the period from 2001 to 2007 the Defence Forces acquired a

609 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.] total of eighty Mowag APCs, manufactured in Switzerland, at a cost of \120m. The APCs have been used extensively on overseas service and will be in operational service in Chad. It is expected that a tender competition for the purchase of Light Tactical Armoured Vehicle will be initiated over the next three months. A sum of some \6m is provided in the 2008 provision to allow for a down payment under a contract in the latter part of this year. There has also been a substantive programme for the acquisition of modern transport vehicles over the years. Acquisitions include Nissan patrols, minibuses, Ford transits, heavy load carrying vehicles (Drops) and specialist EOD vehicles. In recent years, significant work has been carried out on the acquisition of an Integrated Protection and Load Carrying System. This system includes Body Armour, Helmets, Rucksacks and Battle Vests. 8000 units of Body Armour, 12,000 Helmets and 12,000 Rucksacks have been delivered in recent years at a combined total cost of \13.5m. To complete the modern integrated protection and load carrying system, an order has been placed for the supply of 12,000 Battle Vests at a cost of some \2.2m. The Battle Vests are used for the carriage of essential items such as ammunition, personal radio, water and ancillary equipment. The order will be completed by the second half of 2008. The level of investment in military equipment has ensured that Defence Force’s personnel have the most modern and effective range of equipment to carry our their day-to-day roles both at home and overseas and for training purposes and I will ensure that this investment will continue into the future.

Defence Forces Properties. 146. Deputy Liz McManus asked the Minister for Defence the Defence Forces properties disposed of in 2007; the amount accrued from each disposal; and the capital and new equipment the proceeds of these sales were invested in. [6338/08]

Minister for Defence (Deputy Willie O’Dea): The total amount accrued from Department of Defence properties disposed of in 2007 was \1.617 million, comprised of the following sales:

• Ballincollig, Co. Cork — \1,183,588

• Fort Camden, Crosshaven, Co. Cork — \64,008

• Market House, Ballyconnell, Co. Cavan — \122,824

• Married Quarters — No. 47 McKee Park, Dublin 7 — \127,016

• Married Quarters — No. 16 Orchard Park, Curragh, Co. Kildare — \120,000

As a result of the Government decision that proceeds from the sale of surplus properties should be re-invested in the Defence Forces, there has been an unprecedented level of expenditure on modern equipment and infrastructure in recent years. This programme of investment is ongoing. However, proceeds from property sales in any particular year are not linked to specific investment projects.

National Monuments. 147. Deputy Chris Andrews asked the Minister for Defence the position regarding his proposal for a national memorial to commemorate deceased members of the Defence Forces who

610 Questions— 19 February 2008. Written Answers have died in service; when he expects this monument to be ready; and if he will make a statement on the matter. [6306/08]

162. Deputy Joan Burton asked the Minister for Defence the reason for the delay in the construction of the promised national monument to honour deceased members of the Defence Forces; if it is intended to proceed with the planned location in Merrion Square, Dublin 2; when it is expected to be completed; and if he will make a statement on the matter. [6327/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 147 and 162 together. The Memorial being designed by the artist, Mr. Brian King, is a pyramid shape made primarily of granite slabs resting on a steel frame interspaced with toughened glass panels. In the structure there are figures representing members of the Defence Forces. Four Defence Forces personnel in relief are cast in bronze, representing the Air Corps, Army and Naval Service both permanent and reserve. The concept is simple in theory but has proven more difficult in practice due to the intricacy of the design and the need to ensure precise compatibility of each component part. This is a complex art piece comprising many components, the four main components being, stone, steel, glass and bronze. Each individual component is crafted by specialists and the artist has worked closely with the various craftspeople to ensure precision in each component part to ensure minimum delay in constructing the piece. It is important that the extra time needed is spent at this stage to ensure the overall success of the project when it goes on site. The memorial, which will be situated in Merrion Square, Dublin, is expected to be completed by the end of June 2008.

Defence Forces Strength. 148. Deputy Deirdre Clune asked the Minister for Defence the number of non-nationals (details supplied) serving in his Department; the number serving at each grade and by gender; and if he will make a statement on the matter. [6361/08]

Minister for Defence (Deputy Willie O’Dea): My Department does not currently have any non-national staff as described by the Deputy. As the headquarters of my Department is decentralising in full to Newbridge, Co. Kildare, and that location is oversubscribed with applicants on the Central Applications Facility (CAF), recruitment in recent years has been limited to existing civil service staff from the CAF who applied to relocate to Newbridge.

Defence Forces Medical Officers. 149. Deputy Bernard Allen asked the Minister for Defence the number of retired Defence Forces medical officers employed by the Defence Forces; the types of contracts operated; and the number employed who are beyond the mandatory retirement age of 65. [6348/08]

Minister for Defence (Deputy Willie O’Dea): There are six retired Defence Forces Medical Officers who are currently engaged on a regular basis to provide medical services to the Defence Forces. These Practitioners are engaged, as required, and are paid on an item of service basis. Three of these Practitioners are aged over 65 years. These Practitioners are prac- tising in a private capacity.

Search and Rescue Services. 150. Deputy Willie Penrose asked the Minister for Defence the progress made in regard to

611 Questions— 19 February 2008. Written Answers

[Deputy Willie Penrose.] promoting greater cooperation and knowledge sharing between the coastguard, the Navy and the Air Corps to ensure that the waters surrounding Ireland are safer for seafarers and coastal communities and preventing their use for the illegal importation of illicit drugs. [6341/08]

Minister for Defence (Deputy Willie O’Dea): The Irish Coast Guard has overall responsibility for the provision of maritime Search and Rescue services within the Irish Search and Rescue region, for pollution and salvage response in the marine environment, and for marine safety awareness. Responsibility for the prevention of drug trafficking rests primarily with An Garda Sıóchańa and the Revenue Commissioners. However, the White Paper on Defence provides for a role for the Naval Service and the Air Corps to assist and support the civil authorities in relation to Search and Rescue and drugs interdiction. In this regard, the Naval Service and Air Corps provide support to the civil authorities as the need arises and within their available capability. A Service Level Agreement is currently being finalised between my Department and the Department of Transport for the provision of services to the Irish Coast Guard by the Defence Forces. The overall operation and implementation of the Service Level Agreement will be monitored by a Steering Group comprising representatives of my Department, the Defence Forces, the Department of Transport and the Irish Coast Guard. At an operational level, the parties to the Agreement are committed to the achievement of its objectives through co-operation and partnership between the main service providers, namely the Naval Service, the Air Corps, the Army, and the Irish Coast Guard. Officials from my Department and the Defence Forces are represented on the Irish Marine Search and Rescue Committee, which is chaired by the Irish Coast Guard. The IMSAR Com- mittee meets twice yearly and its functions are to keep under review the general arrangements for marine search and rescue in Ireland, to consider the implications of any intended changes in equipment, deployment or organisation in any arm of the Committee, and to consider as necessary liaison with neighbouring search and rescue organisations and any regional search and rescue agreements in which Ireland is a participant. The Defence Forces also participate in regular search and rescue exercises with the Irish Coast Guard. Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a Joint Task Force involving An Garda Sıóchańa, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking. The Air Corps provide air support and, on occasion, carry the Customs National Drugs Team in an observational capacity for the purpose of monitoring vessels suspected of drug trafficking and other illegal activities. There is close co-operation between the civil authorities — An Garda Sıóchańa and the Customs Service — and the Naval Service and the Air Corps in discharging this important mission. The Naval Service, An Garda Sıóchańa, and the Customs Service are represented on the National Maritime Security Committee, as is the Irish Coast Guard. This committee provides another useful forum for the exchange of experience and information between the Defence Forces and the civil authorities. I am satisfied with the progress is being made in regard to promoting greater co-operation and knowledge sharing between the Irish Coast Guard and the Defence Forces with regard to maritime safety. I am similarly satisfied that the extent of Naval Service and Air Corps reconnaissance, in conjunction with An Garda Sıóchańa, the Customs Service and the Irish

612 Questions— 19 February 2008. Written Answers

Coast Guard, has had and will continue to have a major and beneficial impact in deterring drug trafficking and other illegal activities.

Question No. 151 answered with Question No. 117.

Commemorative Events. 152. Deputy Michael D. Higgins asked the Minister for Defence when he will correspond with party leaders asking them to nominate representatives to the all-party Oireachtas consultation group on the commemoration of the 1916 Rising; and if he will make a statement on the matter. [6333/08]

Minister for Defence (Deputy Willie O’Dea): I wrote to Party Leaders on the 17th of January, inviting them to nominate representatives to the Group. I have only received one nomination to date. I hope to arrange a meeting of the new group as soon as I receive nominations from the other Party Leaders.

Defence Forces Equipment. 153. Deputy Ciara´n Lynch asked the Minister for Defence if he has received the report of the study group to examine the possible introduction of the use of roll-over protection systems in Irish troop carrying vehicles, which he was due to receive in early December 2007; and if he will make a statement on the matter. [6335/08]

Minister for Defence (Deputy Willie O’Dea): Following the Road Traffic Accident involving a military vehicle near Granard, County Longford, in June 2007, a working group, consisting of a board of officers, was established by the Defence Forces to investigate the possible provision of Roll-Over Protection Systems (ROPS) in Troop Carrying Vehicles. The Group contacted a number of retailers of ROPS in order to obtain information on the operation of the systems which would be essential in the formulation of the Group’s understanding and final recommendations. The Group had hoped to present its report by December 2007. However, due to the failure of some of the retailers to respond in time, the completion of the report was delayed. The Group has now completed its report and will shortly be presenting it, with recommendations, to the Defence Forces Deputy Chief of Staff (Support).

Question No. 154 answered with Question No. 112.

Decentralisation Programme. 155. Deputy Michael Creed asked the Minister for Defence the estimated costs involved in the decentralisation of elements of his Department to Newbridge; and if he will make a statement on the matter. [6365/08]

Minister for Defence (Deputy Willie O’Dea): Arrangements for the acquisition of a site and the construction of a new headquarters building for my Department in Newbridge are primarily matters for the Office of Public Works. I am informed that the total estimated cost of site acquisition, construction of accommodation, furniture, etc. is \30m approx.

Defence Forces Recruitment. 156. Deputy John Curran asked the Minister for Defence if there has been progress in

613 Questions— 19 February 2008. Written Answers

[Deputy John Curran.] recruiting additional staff at the military archive in Cathal Brugha barracks; and if he will make a statement on the matter. [6369/08]

Minister for Defence (Deputy Willie O’Dea): I am pleased to say that progress has been made in recruiting additional staff at the military archive in Cathal Brugha barracks. Following competition, 1 senior civilian archivist/project manager and 6 civilian archivists have been selected for recruitment. I anticipate that these will be place early in Quarter 2, 2008. The senior civilian archivist/project manager and 3 archivists will be assigned the Military Pensions Archive project covering the 1916 Rising and the War of Independence. This will ensure that these records are made available in good time for the 100th anniversary of the 1916 Rising in 2016. The other 3 archivists will be assigned as additional staff for the Military Archives.

Question No. 157 answered with Question No. 112.

Decentralisation Programme. 158. Deputy Noel J. Coonan asked the Minister for Defence if a cost benefit analysis was conducted on the decentralisation of elements of his Department to Newbridge and elements of Defence Forces headquarters to the Defence Forces training centre in the Curragh Camp; and if he will make a statement on the matter. [6363/08]

Minister for Defence (Deputy Willie O’Dea): As the Deputy is aware, the Minister for Fin- ance in his Budget speech in December 2003, announced that a total of 8 Departments would be moving their headquarters from Dublin to provincial locations. As part of this programme, all of my Department’s Dublin based civil service staff are re-locating to Newbridge and the Defence Forces Headquarters will relocate to the Curragh. In coming to its decision on decentralisation, the Government took account of a wide range of factors in selecting suitable locations and departments and agencies. Immediately following the announcement of the programme, a Decentralisation Implemen- tation Group was appointed to prepare an overall implementation plan in consultation with all of the organisations involved, including my Department. My Department has produced implementation plans for the Group, setting out the detailed arrangements that will be put in place for relocation, such as risk assessment and mitigation strategies, service and business continuity, and business processes and systems. These plans are being progressed in preparation for the move. The re-location of my Department to Newbridge and of the Defence Forces Headquarters to the Curragh will take place in 2009.

Question No. 159 answered with Question No. 123.

Defence Forces Reserve. 160. Deputy Ruairı´ Quinn asked the Minister for Defence the new proposals in regard to strengthening the Defence Forces Reserve in 2008. [6343/08]

Minister for Defence (Deputy Willie O’Dea): The White Paper on Defence 2000 outlines the blueprint for the Reserve Defence Force (RDF). The Reserve Defence Force Review Implementation Plan provides for the phased enhancement of Reserve capabilities over the period to the end of 2009. The plan provided for a non-integrated Army Reserve with an establishment of 9,292 personnel, and a Naval Service Reserve with an establishment of 400 personnel. Revised organisational structures which included closure and amalgamation of units, came into effect in

614 Questions— 19 February 2008. Written Answers

October 2005. The Reserve has been re-organised along similar lines to the PDF with three brigades, a Reserve Defence Force Training Authority and a dedicated Naval Service Reserve. Improvements in clothing, equipment and quantity and quality of training have been delivered. These factors were identified as being important issues for members of the Reserve, as well as being necessary to improve the overall capability of the Reserve. In addition, the Plan provides for the development of an Integrated Army Reserve. In accordance with the Implementation Plan, a pilot scheme for the Integrated Reserve was run in 2007. The military authorities have advised me that the Integrated Reserve will continue to be developed in 2008 in the light of experience gained during 2007. In line with the commitment in the Programme for Government, a publicity and awareness campaign to promote recruitment to the RDF is being planned and will be carried out later in the year. I am satisfied that the outstanding elements of the Implementation Plan will be addressed over the period to end 2009.

Defence Forces Recruitment. 161. Deputy Michael D. Higgins asked the Minister for Defence the progress made by the chief of staff in regard to his previous review of recruitment into the Defence Forces at all levels and implementing changes that will facilitate recruitment from among cultural and ethnic minorities; and if he will make a statement on the matter. [6332/08]

Minister for Defence (Deputy Willie O’Dea): The question of the recruitment of foreign- nationals to the Defence Forces is not a new one. Defence Force Regulations have always allowed for the recruitment of foreign-nationals to the Defence Forces. People from diverse backgrounds have already been employed in the Defence Forces, but this has mainly been in certain specialised areas. This has worked well — albeit on a limited scale. Currently my emphasis is on ensuring that there are no barriers to ethnic minorities or foreign nationals joining the Defence Forces. Entry to the Permanent Defence Force is either through the Cadetship Competition, Apprenticeship Competition, General Service Enlistment or Direct Entry Competitions which are held to fill vacancies in specialist appointments. All applicants for each of these entry streams are required to meet qualifying criteria. The Cadet Competition is the entry level for recruitment as an Officer of the Defence Forces. As you are aware, I have made changes to the Cadet competition to broaden the entry criteria thereby making it easier for qualifying foreign nationals to apply for cadetships. The Chief of Staff has undertaken a review of enlistment into the Defence Forces at all levels and as a result the Defence Forces have begun to implement a number of changes, which will further facilitate the recruitment and retention of people from ethnic and cultural minorities: • A strategy for Cultural Diversity Management is currently being put in place. Many organisations in Ireland have experience in this area including the Health Service Execu- tive and the Garda Sı´ocha´na. The Defence Forces is liaison with these organisations to ensure that its strategy reflects accepted strategies across the Public Service. • The Defence Forces are currently establishing links with ethical and cultural community groups based in Ireland, in order to brief the groups on the Defence Forces and its current entry requirements. The groups will be invited to forward submissions to the Defence Forces on their views of service in the Defence Forces and to highlight any barriers to recruitment, which they feel may exist. • A new Defence Forces advertising campaign is being designed to reflect its strategy for cultural diversity.

615 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.]

• In order to ensure best practice in respect of recruitment and retention of personnel from diverse groups the Human Resource Management Recruitment Officer has joined the Employers Diversity Network established by the Public Appointments Service and the Irish Management Institutes Cultural Diversity Bizlab.

On the 30 November 2007, the Defence Forces issued their Equality, Diversity and Equal Status Policies. This document includes the Defence Forces: • Gender Equality Policy, • Anti Racism Equality Policy, • Discrimination and Promotion Policy, • Equality of Opportunity in Recruitment and Advertising of Jobs, • Equal Opportunities in the Interview Process, • Equality of Opportunity in Job Orientation and Job Induction, • Equality of Opportunity in Overseas Service, • Career Promotion and Progression.

A Dignity Charter has also been put in place, which clearly identifies the requirement for Defence Force personnel to uphold the values of tolerance, dignity and understanding and to respect the right of each individual to dignity in their work environment. In relation to recruitment there are generally more applicants for positions in the Defence Forces than places available. My Department and the Defence Forces are fully committed to ensuring that all suitably qualified candidates who wish to do so are given the opportunity to join the Defence Forces. The primary focus in recruitment is to attract people with the core competencies required by the Defence Forces.

Question No. 162 answered with Question No. 147.

White Paper on Defence. 163. Deputy Liz McManus asked the Minister for Defence the progress made in the review of the implementation of the White Paper on Defence. [6337/08]

Minister for Defence (Deputy Willie O’Dea): The Review of implementation of the White Paper on Defence 2000 was published in April 2007. The White Paper set a target for implementing change and reorganisation in the Department of Defence and Defence Forces over a 10-year period. The Review of implementation finds that good progress has been made. Particularly noteworthy are the improvements in equipment, infrastructure, training and Human Resources management. The emphasis on developing capabilities and improving interoperability has been successful and continues to facilitate the Defence Forces contribution to peace and security at home and internationally. The reorganisation of the Reserve, set to continue out to 2009, and establishment of the Civil Defence Board on a statutory basis are also significant. The review also noted that the progress achieved had also accommodated very significant developments in the national and international defence and security environments and extensive internal reorganisation and restructuring to the Defence organisation. The Review is available on my Department’s website.

Question No. 164 answered with Question No. 112.

Question No. 165 answered with Question No. 134.

616 Questions— 19 February 2008. Written Answers

Question No. 166 answered with Question No. 112.

Information Society Commission. 167. Deputy Leo Varadkar asked the Taoiseach the date of establishment of the Information Society Commission group on the content industry; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6601/08]

The Taoiseach: The Information Society Commission’s Content Advisory Group was established in May 1999 to look at the content industry in Ireland and the potential for Ireland to act as an international centre for the industry. The Group held its first meeting on 11 May 1999 and its final meeting on 4 October 1999. The 18 members of the Group were appointed by the Information Society Commission and consisted of members of the Commission and other experts in the content field.

Population Statistics. 168. Deputy Richard Bruton asked the Taoiseach the population figures in each of the 18 Dublin Garda districts in the 2006 census. [5946/08]

The Taoiseach: The information requested by the Deputy is contained in the following table.

Population of Dublin Garda Districts (source: Census 2006)

Dublin Garda District Population

Pearse Street 16,684 Kevin Street 49,047 Donnybrook 50,831 Crumlin 51,356 Tallaght 131,427 Terenure 51,895 Santry 57,179 Coolock 121,626 Raheny 83,372 Blanchardstown 141,640 Lucan 76,917 Clondalkin 66,905 Store Street Fines Office 15,953 Fitzgibbon Street 41,390 Bridewell, Dublin 22,011 Dun Laoghaire 70,228 Bray 73,300 Blackrock Co. Dublin 86,805

Total 1,207,566 Note: The precise boundaries of the Garda Districts are being finalised in consultation with the Gardaı´ at present. The figures therefore may be subject to slight amendment.

Percent for Art Scheme. 169. Deputy Olivia Mitchell asked the Taoiseach the amount drawn down through his 617 Questions— 19 February 2008. Written Answers

[Deputy Olivia Mitchell.] Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5973/08]

The Taoiseach: No drawdowns have been made by my Department between 2002 and 2008 in respect of the percent for arts scheme.

Departmental Funding. 170. Deputy Olivia Mitchell asked the Taoiseach the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5988/08]

The Taoiseach: No capital projects have been funded by my Department from 2002 to date in 2008 and consequently there were no cases in which the percent for arts grant applied.

Financial Management Systems. 171. Deputy Brian Hayes asked the Taoiseach the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [6004/08]

The Taoiseach: My Department’s financial management system is Oracle Financials which was supplied by Oracle EMEA Limited. The annual maintenance cost associated with this system in 2008 is \30,184. In February 2008, the operation of this system was transferred to the Financial Shared Service Centre in the Department of Justice, Equality and Law Reform, which will be responsible for maintenance of this system in the future. My Department also currently maintains data on a previous legacy financial system, Prose FMS, which was supplied by Version 1 Software. This system is maintained for the purpose of access to financial records for audit and other query purposes. The cost involved in maintenance of this system relates to the purchase of the requisite licences and was \7,537 in 2007.

Travel Schedule. 172. Deputy Enda Kenny asked the Taoiseach the official programme for his recent visit to Manchester; the projected cost of the visit; the mode of transport used; the names and titles of the persons who accompanied him; and if he will make a statement on the matter. [6006/08]

The Taoiseach: On 10 February, I travelled to Manchester by Government Jet where I had a meeting with the British Prime Minister. The Prime Minister and I also attended the event at Old Trafford to mark the 50th anniversary of the Munich Air Disaster. I later attended an Irish Community Reception at the Irish World Heritage Centre in Manch- ester before returning to Dublin that evening. While there, I met with the management committee for the centre and reviewed their plans for the building of a new centre. Those who accompanied me are as follows:

• Martin Fraser, Assistant Secretary, Department of the Taoiseach

• Pat Hennessy, Director General, Department of Foreign Affairs

618 Questions— 19 February 2008. Written Answers

• Eoghan O’Neachtain, Government Press Secretary

• David Feeney, Taoiseach’s Private Secretary

• Olive Melvin, Taoiseach’s Personal Assistant

• John Byrne, Security Officer

• Tony Maxwell, Official Photographer

The cost of the Government Jet is borne by the Department of Defence in accordance with usual procedures. There may be minor additional costs relating to transport and subsistence expenses but these are not yet available.

Tourism Sector. 173. Deputy Mary Upton asked the Taoiseach the number of people directly and indirectly employed in the tourism sector; and if he will make a statement on the matter. [5873/08]

The Taoiseach: The information requested by the Deputy is not available. Extensive statistics on employment and Tourism are compiled by the CSO. However sectoral data are compiled using the NACE classification, which is the standard EU classification for economic activity. Due to the fragmented and diverse nature of tourism, it is not identified as a sector within the classification. In order to estimate direct and indirect employment generated by the tourism sector, a Tourism Satellite Account (TSA) would be required. Currently, no official TSA is compiled for Ireland.

Equity Stakes. 174. Deputy Leo Varadkar asked the Taoiseach the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6638/08]

The Taoiseach: My Department does not hold an equity stake in any company.

Northern Ireland Issues. 175. Deputy Rory O’Hanlon asked the Taoiseach if there have been any new developments in receiving the co-operation of the British Government into the investigation of the Dublin- Monaghan bombings; and if he will make a statement on the matter. [6750/08]

The Taoiseach: I have consistently called on the British Government to cooperate fully with inquiries which were established in this jurisdiction into the Dublin and Monaghan bombings of 1974. Both the Barron Inquiry and the Commission of Investigation in their reports com- mented on the reluctance of the British authorities to provide access to original documentation on security grounds. I regret that such material was not provided. There have been no new developments.

Regulatory Authorities. 176. Deputy Sea´n Sherlock asked the Taoiseach the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7024/08]

619 Questions— 19 February 2008. Written Answers

The Taoiseach: I understand that this question is being answered individually by all Ministers. My own Department does not have responsibility for any such regulators or regulatory bodies.

Tax Code. 177. Deputy Pa´draic McCormack asked the Ta´naiste and Minister for Finance if a VRT rebate is allowable on all vehicles purchased since Budget 2008 which have the relevant manufacturer’s CO2 documentation; and if he will make a statement on the matter. [6226/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I announced in my Budget State- ment December that the revised VRT system to take greater account of CO2 emission levels will be introduced on 1 July 2008. I have no plans to introduce a VRT refund scheme for people who register cars prior to 1 July 2008.

Architectural Heritage. 178. Deputy Tom Hayes asked the Ta´naiste and Minister for Finance the steps that need to be taken to remove the scaffolding from the Rock of Cashel as it is coming into the busy tourist season. [6236/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The current conservation programme of repairing the masonry on the walls of the Cathedral is continuing. The Transepts are almost completed and the main focus will then be on the Chancel. Scaffolding is an essential requirement to progress the required pointing and is moved in accordance with the programme of works. The scaffolding does not interfere with the visitors overall enjoyment of the National Monument.

Garda Stations. 179. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the progress that has been made on the selection of a new location for the Dundrum Garda station; when construction will commence; when relocation is expected; and if he will make a statement on the matter. [6518/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): Despite a trawl of the property market over a number of years, no suitable site was identified to meet the accommodation requirements of An Garda Sıóchańa at Dundrum, Dublin. The Office of Public Works recently carried out a detailed study of the existing Dundrum Garda Station property and have submitted a development proposal to An Garda Sıóchańa for its consideration. A response is awaited.

Percent for Art Scheme. 180. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5968/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): OPW has implemented the Government’s Per Cent for Art Scheme in its capital construction projects since 1997. OPW adheres to the General National Guidelines on Public Art published by the Department of Arts, Sport and Tourism in 2004.The following are the amounts drawn down for expenditure under the Per Cent for Art Scheme on OPW managed projects:

620 Questions— 19 February 2008. Written Answers

Year \

2002 1,510,641 2003 1,426,606 2004 373,774 2005 873,861 2006 964,747 2007 1,309,671 Jan 2008 233,977

It must be noted that Per Cent for Art funding is subject to limits as follows. Construction projects costing up to \2,550,000 may include an art budget of 1% of net construction costs, i.e. \25,500. For projects costing between \2,550,000 and \6,300,000 an art budget of 1% up to a maximum of \38,000 is allowed. For projects costing between \6,300,000 and \12,700,000, an art budget of \51,000 is allowed. For projects costing in excess of \12,700,000, an art budget of \64,000 is allowed.

Departmental Funding. 181. Deputy Olivia Mitchell asked the Ta´naiste and Minister for Finance the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5983/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I take it that the Deputy’s interest is in construction projects funded by my Department’s Vote in the relevant period, to which the guidelines on the Public Art: Percent for Art scheme apply. Since the guidelines were issued in 2004, my Department has directly funded the construction of a cre`che under the civil service childcare initiative in Mahon, Cork. The Percent for Art scheme is being applied in this case. In the period from 2002 to 2003 before the guidelines issued, my Department funded the construction of three cre`ches under the civil service childcare initiative in Athlone, Ennis and Sligo. The scheme was not applied in these cases.

Financial Management Systems. 182. Deputy Brian Hayes asked the Ta´naiste and Minister for Finance the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5999/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): My Department operates one Financial Management System, namely JDEdwards which was acquired from Software Resources Limited (since taken over by System Dynamics Consulting Limited). The cost of maintaining the system for 2008 is \73,787.52.

Data Protection. 183. Deputy Simon Coveney asked the Ta´naiste and Minister for Finance the results of the review of systems and procedures operated by Departments and agencies to protect the confidentiality of personal data, reports of which were due to be returned to his Department 621 Questions— 19 February 2008. Written Answers

[Deputy Simon Coveney.] by 1 February 2008; if the results are not yet finalised, when they will be finalised; and if they will be published. [6160/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Replies to our request to Depart- ments and agencies for details of the systems and procedures in place to protect the confidentiality of personal data are being examined and evaluated and findings are being collated. When this work is completed a report will be submitted to Government for consideration. It is intended to present this in the next few weeks.

Tax Code. 184. Deputy Joan Burton asked the Ta´naiste and Minister for Finance the number of people who have availed of tax relief for childminders minding children at home; the breakdown of the counties they come from; the estimated cost of the tax relief to date; and if he will make a statement on the matter. [6299/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The statistics requested by the Deputy are not yet available. It is understood from the Revenue Commissioners that data derived from the income tax returns for 2006 are currently being compiled in relation to this and other areas and will become available in the coming months.

185. Deputy Joan Burton asked the Ta´naiste and Minister for Finance if he has made provisions to ensure that imported second hand cars are subject to the new emissions based VRT regime; and if he will make a statement on the matter. [6300/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Under the revised VRT system, the VRT rate applicable to both new and used imported cars registered on or after 1 July 2008 will be determined by the CO2 emission rating of the car and will no longer be related to engine size. As outlined in Annex D to the Summary of 2008 Budget Measures, in respect of pre- owned used cars imported after 1 July 2008, the CO2 emissions will have to be declared to the Revenue Commissioners on form VRT4 (declaration for registration of a used vehicle) by the person registering the vehicle.

The declaration will be required to be supported by documentary evidence of the CO2 emissions. Acceptable documentary evidence (provided the CO2 emissions is shown) will include:

• a certificate of conformity for the particular model, (since 2001, EU law requires CO2 emission levels to be recited in this document),

• or a previous registration certificate, or

• a certificate from the manufacturer or distributor, or

• a certificate from an organisation approved by the Revenue Commissioners to provide such certificates.

Where a certificate or a measurement confirming CO2 levels for a vehicle is not available or does not satisfy the Revenue Commissioners, VRT will be charged on registration at the maximum rate allowable i.e. 36%. Such a VRT rating would be open to appeal through the VRT appeals system. Legislative provision for the revised VRT system will be included in the Finance Bill and further details regarding registration procedures and requirements will be set out in a Statu- tory Instrument.

622 Questions— 19 February 2008. Written Answers

186. Deputy Joan Burton asked the Ta´naiste and Minister for Finance the number of psychiatric hospitals and mental health centres that have applied for recognition under the Finance Act 2008 for the purposes of obtaining tax relief for the development of such facilities;the cost of this measure in terms of tax foregone to date; the projected cost of any such application under consideration; and if he will make a statement on the matter. [6301/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I assume the Deputy is referring to the scheme of capital allowances for expenditure incurred on the construction and refurbishment of qualifying mental health centres which was introduced by me in the 2006 Finance Act and commenced in January 2007. It is intended that the scheme will operate on broadly the same terms and conditions as already apply in the case of the similar relief for general private hospitals. Among the conditions that must be satisfied if a mental health facility is to qualify for tax relief under the scheme is that the facility is an approved centre (i.e. registered under the Mental Health Act, 2001) and that it must have a minimum of 20 in-patient beds. As I mentioned in my 2006 Budget speech , the scheme is estimated to cost \2 million in a full year. Preliminary data on the scheme at aggregate level derived from 2007 personal tax returns, to be returned in November 2008 via the Revenue on-line System (ROS), should become available from early 2009.

187. Deputy Joan Burton asked the Ta´naiste and Minister for Finance the number of private hospitals that have applied for recognition under the Finance Act 2008 for the purposes of obtaining tax relief for the development of such facilities; the cost of this measure in terms of tax foregone to date; the projected cost of any such application under consideration; and if he will make a statement on the matter. [6302/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I assume that the Deputy is referring to the scheme of capital allowances for private hospitals which was introduced in the Finance Act 2002. I am informed by the Revenue Commissioners that information on the scheme of tax relief for private hospitals was for the first time specified and separately included in personal income tax returns for the tax year 2004, which were due for filing in October, 2005. No specific Revenue information on the cost of the scheme is available for the tax year 2002 (when the scheme of relief for private hospitals was introduced) or for 2003. Based on the information that has been received and collated to date for the tax year 2004, there were 37 claims for \4.5 million capital allowances for the construction of private hospitals. This figure would correspond to a maximum Exchequer cost of the order of \1.9 million for these returns in terms of income tax foregone. Corresponding data available for the tax year 2005 indicates that there were 60 claims for \7.7 million capital allowances for the construction of buildings used for private hospitals. This figure would correspond to a maximum Exchequer cost of the order of \3.2 million for these returns in terms of income tax foregone. Corresponding data based on 2006 returns is in the process of being compiled and is not yet available.

188. Deputy Joan Burton asked the Ta´naiste and Minister for Finance the number of private nursing homes that have applied for recognition under the Finance Act 2008 for the purposes of obtaining tax relief for the development of such facilities; the cost of this measure in terms of tax foregone to date; the projected cost of any such application under consideration; and if he will make a statement on the matter. [6303/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I assume that the Deputy is referring to the scheme of capital allowances for capital expenditure on registered nursing homes

623 Questions— 19 February 2008. Written Answers

[Deputy Brian Cowen.] which was introduced in 1997. I am informed by the Revenue Commissioners that information on the scheme of tax relief for registered nursing homes was for the first time specified and separately included in personal income tax returns for the tax year 2004, which were due for filing in October, 2005. No specific Revenue information on the cost of the scheme is available for the tax year 2003 or previous years. Based on the information that has been received and collated to date for the tax year 2004, there were 287 claims for \16.6 million capital allowances for the construction of nursing homes. This figure would correspond to a maximum Exchequer cost of the order of \7 million for these returns in terms of income tax and corporation tax foregone. Corresponding data available for the tax year 2005 indicates that there were 498 claims for \30.3 million capital allowances for the construction of nursing homes. This figure would correspond to a maximum Exchequer cost of the order of \12.4 million for these returns in terms of income tax foregone. Corresponding data based on 2006 returns is in the process of being compiled and is not yet available. As regards projected costs, there is no system of prior application and approval under the scheme of tax relief for the construction or refurbishment of registered nursing homes. When the relevant facilities have been completed, and provided they meet the necessary criteria, investors can then claim tax relief on the expenditure incurred under the scheme in their annual income tax returns as part of the self-assessment system. All returns are subject to check and possible audit to ensure that, among other things, the tax relief is correctly claimed.

189. Deputy Joan Burton asked the Ta´naiste and Minister for Finance if he will confirm that training provided by an employer in the context of skills development for an existing job is not treated as a benefit in kind by the Revenue Commissioners, that training provided for any future employment, including where this is an element of a redundancy package, is considered to a be a BIK having implications for the recipient of the training, including those who are about to be made redundant; the BIK charges applicable in respect of training for future employment in the case of impending redundancy; the amount of this category of tax charged for each year from 2005 to date in 2008; if he has received representations from parties involved in redundancy negotiations in relation to this matter; if he will examine the disparity in the tax treatment of such training; and if he will make a statement on the matter. [6304/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am informed by the Revenue Commissioners that training provided by an employer in the context of skills development of an employee of that employer — be it for the employee’s current or future role with that employer — is not treated as giving rise to a taxable emolument where the training undertaken is relevant to the business of the employer. I am further informed by the Revenue Commis- sioners that where re-training is linked to a redundancy setting, and forms part and parcel of an overall redundancy package, then the normal tax rules relating to redundancy payments apply. When making returns to Revenue of benefits-in-kind and other non-cash benefits provided by them to their employees, employers are not required to identify the different types of benefit. There is, therefore, no basis for estimating the yield to the Exchequer from treating training provided for any future employment as a taxable emolument. As far as I am aware, my Department has not received any representations from parties involved in redundancy negotiations in relation to this matter.

190. Deputy Niall Collins asked the Ta´naiste and Minister for Finance if he will advise in relation to an application by a person (details supplied) in County Limerick for a C2 certificate; and if he will make a statement on the matter. [6305/08]

624 Questions— 19 February 2008. Written Answers

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I have been advised by the Revenue Commissioners that a C2 application was received for the person in question on 10 December 2007. The C2 application was examined and the tax affairs of the applicant for the tax years 2005, 2006 and 2007 were reviewed in accordance with the legislation. As a result of this review, Revenue were in contact with the applicant concerning registration for income tax and subsequently additional information was requested from this person’s tax agent on 5 February 2008. This information has not as yet been received. The C2 application will again be considered on receipt of the requested information.

National Parks. 191. Deputy Pat Breen asked the Ta´naiste and Minister for Finance if the Office of Public Works have applied for a tree felling licence (details supplied); and if he will make a statement on the matter. [6376/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works have applied to the Department of Agriculture, Fisheries and Food for a licence to remove trees in order to reduce flood risk at Clonlara. A tree survey requested by the Depart- ment on foot of the application has now been completed and a report will be prepared this week. The OPW already applied for consent from the National Parks and Wildlife Service which is also required in order to proceed with the works.

Hospitals Building Programme. 192. Deputy Jan O’Sullivan asked the Ta´naiste and Minister for Finance the financial arrangements the State has entered into with regard to the collocation of private hospitals on publicly owned lands adjacent to public hospitals; if his Department has estimated the amount of tax that will be foregone by the State in relation to the building, equipping and running of these hospitals; and if he will make a statement on the matter. [6381/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The scheme of capital allowances for the construction or refurbishment of buildings used as private hospitals was introduced in the Finance Act 2001 and came into effect in May 2002. Provided that capital expenditure on the proposed co-located private hospitals, which are designed to free-up capacity in public hospitals, conforms with the existing legislation governing that scheme, normal tax relief will apply. The cost of such tax relief will ultimately depend on the level of qualifying capital expenditure and no such expenditure on the proposed co-located hospitals has yet been incurred. For each \100 million of qualifying capital expenditure on these hospitals, the cost of tax relief to investors (assuming a marginal tax rate of 41% for those investors) would amount in gross terms to \41 million spread over 7 years. Of course, with the additional activity generated by the construction of the hospitals, the employment generated and the related services provided on which taxes will be paid, additional revenues would accrue to the Exchequer. In relation to the hospital co-location initiative, I have been informed by the Minister for Health and Children that the Board of the HSE has approved the successful bidder status on six sites as follows: Waterford Regional Hospital, Cork University Hospital, Limerick Regional Hospital, Sligo Regional Hospital, Beaumont Hospital, St James’s Hospital. Since then, the hospitals and the bidders have been working towards finalising the Project Agreements. It is expected that the Project Agreements for Beaumont, Cork and Limerick hospitals will be signed very soon. It is also anticipated that the signing of the Project Agreements for the other three sites will be concluded shortly thereafter. Connolly Hospital and Tallaght Hospital, which

625 Questions— 19 February 2008. Written Answers

[Deputy Brian Cowen.] are also participating in the co-location initiative, are at an earlier stage of the procurement process. A tender in relation to Connolly Hospital is under consideration and it is expected that the invitation to tender (ITT) for Tallaght Hospital will issue in the near future.

Regulatory Authorities. 193. Deputy Sea´n Sherlock asked the Ta´naiste and Minister for Finance the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [6419/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The following table gives details of the operating budgets for all regulators and regulatory authorities under the aegis of the Department of Finance for 2006 and 2007

Regulatory Body Budget 2006 Budget 2007

Irish Financial Services Regulatory Authority 48,700,000 51,577,000 Commission for Public Service Appointments 984,000 1,059,000

Equity Stake. 194. Deputy Leo Varadkar asked the Ta´naiste and Minister for Finance the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6633/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): In the time available it has not possible to collate all of the material requested by the Deputy. My officials are currently completing the process and as soon as this has been completed I will forward any relevant data directly to the Deputy.

Garda Stations. 195. Deputy Damien English asked the Ta´naiste and Minister for Finance if the site has been acquired for the new Garda divisional headquarters for Meath; the cost of acquiring the site; when construction on this project will begin; when he expects the new station to be available for occupation; and if he will make a statement on the matter. [6646/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works awaits the advice of An Garda Sı´ocha´na in regard to a new divisional Garda Head- quarters for Meath.

196. Deputy Niall Collins asked the Ta´naiste and Minister for Finance the position in relation to a building (details supplied) in County Limerick. [6738/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): The Office of Public Works are preparing the appropriate planning consultation documentation under Part 9 of the Planning and Development Regulations 2001 (as amended) for the construction of a new Garda Station for Kilfinane, Co Limerick. It is expected that this documentation will be ready shortly.

197. Deputy Niall Collins asked the Ta´naiste and Minister for Finance the position in relation to a building (details supplied) in County Limerick. [6740/08] 626 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Finance (Deputy Noel Ahern): The provision of a new Garda Station at Doon, Co. Limerick is currently under consideration in the context of the Rural Garda Station Replacement Programme.

National Spatial Strategy. 198. Deputy David Stanton asked the Ta´naiste and Minister for Finance the proposals and their cost that have been submitted to his Department under the Gateway Innovation Fund; when he expects the evaluation and decision-making process to be completed in relation to each of these proposals; and if he will make a statement on the matter. [6853/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Following the Call for Proposals under the Gateways Innovation Fund (GIF), which has an allocation of \300m, proposals from all nine NSS gateways (Cork; Dublin; Dundalk; Galway; Letterkenny; Limerick/Shannon; Athlone/Tullamore/Mullingar; Sligo; and Waterford) were received by the closing date of 15th November 2007. The total funding sought by the Gateways under the GIF is about \720m and the proposals are currently being evaluated against the criteria set down in the Call for Pro- posals by the GIF Management Committee. The Management Committee consists of representatives of the Department of Finance and the Department of the Environment, Heritage and Local Government (with appropriate input from other Departments and agencies as required). Goodbody Economic Consultants have been commissioned to assist in the evaluation process. The Committee will, in due course, report to and make recommendations to the Ta´naiste and Minister for Finance and the Minister for the Environment, Heritage and Local Government who will then bring their joint recommendations to Government.

Child Care Services. 199. Deputy Jack Wall asked the Ta´naiste and Minister for Finance his plans to remove creches and preschools from the rateable valuation net or the plans his Department has to open a new category of rateable valuation for child-care facilities; and if he will make a statement on the matter. [6860/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The Valuation Act 2001, which came into effect on 2 May 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable. In regard to the Valuation Act, 2001, I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Act, and that I, as Ta´naiste and Minister for Finance, have no function in decisions in this regard. The basic premise under the Act is that all interests (including buildings) are rateable unless expressly exempted under schedule 4. Schedule 4 of the Valuation Act 2001 outlines the categories of property and the various uses that are deemed to be non rateable under the Act. Paragraphs 10 (education) and 16 (charitable purposes) are two areas in that schedule which may be relevant to the rateability of child care facilities. Accordingly, purpose-built child care buildings designed and used to make profit are rateable as commercial buildings. Houses which have been adapted for commercial use in a dedicated area (i.e. converted garage for exclusive use as child care) are rateable, for that specific area. The Valuation Act 2001 maintains the long-standing position that commercial facilities — including all private child care) facilities such as play schools, preschools, cre`ches and Montes- sori schools — are liable for rates. It was not intended that the Valuation Act 2001 would expand or contract the valuation base. The rateable valuation of commercial property is based on net annual value (NAV) i.e. the rental value of the property. Any individual ratepayer who

627 Questions— 19 February 2008. Written Answers

[Deputy Brian Cowen.] has concerns about the valuation of their property or of any part thereof, including its rateability or the method of calculation may, on payment of a statutory fee of \250, apply to the Valuation Office for a revision of the valuation. If dissatisfied with the outcome, they may appeal to the Commissioner of Valuation in the first instance and subsequently to the independent Valuation Tribunal. There is also a further right of appeal to the High Court and ultimately to the Supreme Court on a point of law.

Health Services. 200. Deputy Arthur Morgan asked the Minister for Health and Children the number of applications for the domiciliary care allowance in County Louth; and the number of applicants successfully awarded the grant. [5947/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

201. Deputy Noel O’Flynn asked the Minister for Health and Children if domiciliary care allowance will be granted in the case of a person (details supplied) in County Kilkenny. [6121/08]

Medical Cards. 202. Deputy Andrew Doyle asked the Minister for Health and Children the rationale behind a system which requires people who have qualified for an invalidity pension to have to reapply annually for a medical card; and if she will make a statement on the matter. [6513/08]

Minister for Health and Children (Deputy Mary Harney): The assessment of eligibility to medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70 who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health Act 1970, medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. Section 58 of the Health Act, 1970, as amended, provided for GP visit cards for adult persons with limited eligibility for whom, in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange GP medical and surgical services for themselves and their dependants. In assessing eligibility, the HSE uses guidelines based on the applicant’s means, which includes their income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, child

628 Questions— 19 February 2008. Written Answers care) and travel to work. The assessment process also takes account of other factors, such as medical or social need, which may impact on their ability to meet the cost of GP services. I am informed by the Executive that its guiding principle in setting a medical card review date is to set a date in each case at which an income/dependency change or other change could reasonably be expected to occur which could affect eligibility. I am further informed by the Executive that, in general, the cases of persons whose sole income is derived from Invalidity Pension are subject to review every five years.

Hospital Services. 203. Deputy Thomas McEllistrim asked the Minister for Health and Children when she will provide the necessary funding to Kerry General Hospital in order that it can provide a proper orthopaedic service, that is, there must be immediate separation of the trauma and elective orthopaedic services both in terms of ward accommodation and theatre lists into defined trauma and elective services; and if she will make a statement on the matter. [5943/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 204. Deputy Michael Ring asked the Minister for Health and Children if responsibility for the provision of respite care for the wheelchair sector has been transferred (details supplied) in County Mayo; the reasoning for the transfer; and if she will make a statement on the matter. [5956/08]

Percent for Art Scheme. 205. Deputy Olivia Mitchell asked the Minister for Health and Children the amount drawn down through her Department for the percent for arts scheme in each year since 2002 to date in 2008; and if she will make a statement on the matter. [5970/08]

Minister for Health and Children (Deputy Mary Harney): The percent for arts scheme is managed by the Office of Public Works ( OPW ) on behalf of all Government Departments. The details in relation to my Department will be conveyed by the OPW in their reply to this Question. The percent for arts scheme is managed by the Office of Public Works ( OPW ) on behalf of all Government Departments. The details in relation to my Department will be conveyed by the OPW in their reply to this Question.

Departmental Funding. 206. Deputy Olivia Mitchell asked the Minister for Health and Children the number of

629 Questions— 19 February 2008. Written Answers

[Deputy Olivia Mitchell.] capital projects funded by her Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if she will make a statement on the matter. [5985/08]

Minister for Health and Children (Deputy Mary Harney): Following the inception of the Per Cent for Art Scheme, the Health Boards / Eastern Regional Health Authority were advised of the requirements under the scheme and were encouraged to ensure that the project budgets for all relevant projects included an appropriate provision for art. In the period 2002 to 2004, approximately 126 major capital projects were completed in the health sector. Within the broad guidelines of the scheme it was a matter for the former Health Boards / Eastern Regional Health Authority to operate the scheme and information on projects where funding for art was drawn down was not routinely returned to my Department. Responsibility for the planning and management of capital construction and refurbishment projects in the health sector, is a matter for the Health Services Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Financial Management Systems. 207. Deputy Brian Hayes asked the Minister for Health and Children the number of financial management systems in place in her Department; the persons who provided her Department with these systems; the cost of maintaining the software; and if she will make a statement on the matter. [6001/08]

Minister for Health and Children (Deputy Mary Harney): My Department uses one financial management system — the FMS. This was supplied by Progressive Systems Enterprise which was acquired by Version 1 in July 2006. Version 1 maintain the software. In 2007, the cost of software maintenance for the live and backup infrastructures was \44,866. My Department reviews and updates this system as requirements demand.

Nursing Home Subventions. 208. Deputy Jack Wall asked the Minister for Health and Children if her Department investigated the cost saving factor of subvention for applicants to reside in retirement villages rather than long stay hospital placement; and if she will make a statement on the matter. [6086/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Iam unaware of such an investigation, referred to by the Deputy being carried out. The Deputy will be aware that the Nursing Home Subvention Scheme was introduced in 1993. Under the legislation providing for the Scheme the Health Service Executive (HSE) can make a grant payable towards the cost of providing nursing care in a registered private nursing home. In order to qualify for a subvention the individual must be sufficiently dependent to require maintenance in a nursing home and unable to pay any or part of the cost of maintenance in the home, i.e., you must pass a means test. In 2007 the HSE circulated National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme to all Local Health Offices. The Guidelines are also available on the HSE’s website. Under the guidelines, the assessment of means is to be carried out using a national standard financial assessment method. On a related note, I would like to draw the Deputy’s attention to the Government’s commitment to the development of sheltered housing. In 2007 the Department of the Environment,

630 Questions— 19 February 2008. Written Answers

Heritage and Local Government established a Cross Departmental Team on Sheltered Hous- ing, involving the Department of Health and Children, the HSE, Office for Social Inclusion and the local authorities. The Cross Departmental Team will, in conjunction with the Office of the Minister for Older People, develop and oversee policy in relation to sheltered housing provision for older people and agree protocols for integrated management and delivery of housing and related care services. The establishment of the Cross Departmental Team forms part of an overall strategic response to the housing needs of older people, as outlined in the Government’s Housing Policy Statement, Delivering Homes, Sustaining Communities.

209. Deputy Jack Wall asked the Minister for Health and Children if the Health Service Executive has taken up the twenty percent option on placements in retirement villages in County Kildare that have been determined in the planning applications of such facilities; and if she will make a statement on the matter. [6087/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Decentralisation Programme. 210. Deputy Charles Flanagan asked the Minister for Health and Children the reason, contrary to the Government’s decentralisation policy, certain Health Service Executive offices are being moved from rural cities such as Kilkenny to larger urban centres such as Cork, inter alia, the recruitment department of the HSE based in St. Canice’s Hospital, Kilkenny and the HSE superannuation department based in Kilcreene Hospital, Kilkenny; and if she will make a statement on the matter. [6092/08]

Minister for Health and Children (Deputy Mary Harney): The moves referred to by the Deputy are not connected with the Government’s decentralisation initiative. They are, in fact, part of a programme ongoing within the HSE since February 2006 for the development of a national shared services function across the organisation. The HSE is already a decentralised organisation with staff employed at locations across the country. Shared services is the name given to the various support functions such as finance, human resources, procurement and ICT which are essential to the running of any organisation. The HSE views the introduction of shared services across a number of functions as a major transformation programme which has the potential to deliver significant and important efficiencies and benefits to the organisation. There is a commitment within the HSE to established three shared services sites in Manorhamilton, Dublin and Kilkenny. The Dublin and Manorhamilton locations will undertake human resource processes, while finance will have a shared services operation located in Kilkenny. The National Human Resources Shared Services Centre will be responsible for providing HR services, including recruitment, superannuation and personnel administration across the entire Executive. Work of this nature is currently being migrated from a local level to these centralised offices. Work that the Executive deems unsuitable for this National Office, will be undertaken at HSE Area level in HR Departments located in Cork, Tullamore, Galway and Kells. The HSE believes that this approach will contribute towards greater efficiency and less duplication in the delivery of practices through the streamlining of key HR processes. The HSE

631 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.] has informed me that, as a result of this consolidation of work, the recruitment and superannuation functions currently based at the sites in St. Canice’s Hospital and Kilcreene Hospital, Kilkenny, referred to by the Deputy, will, in time, be delivered from this HR shared services centres. The HSE have established a national joint working group comprised of HSE management and trade union officials with an independent chairperson, which oversees this national shared services project and full consultation will occur with staff as and when the implementation plan is full developed. As per previous agreements, every HSE employee working in Human Resource services will be accommodated in the location where they are currently employed and will fill vacancies locally.

Disability Services. 211. Deputy Pat Breen asked the Minister for Health and Children if a person (details supplied) in County Clare would be facilitated with a place for residential living; and if she will make a statement on the matter. [6103/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services. 212. Deputy Michael McGrath asked the Minister for Health and Children if a person (details supplied) in County Cork with special needs can be provided with the required dental treatment. [6115/08]

213. Deputy Kathleen Lynch asked the Minister for Health and Children the reason the Cork University Dental School does not provide a service for special needs patients to have restorative treatment under general anaesthesia; and if she will make a statement on the matter. [6140/08]

632 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

214. Deputy Kathleen Lynch asked the Minister for Health and Children the reason a person (details supplied) with Down’s syndrome and an intellectual disability has been unable to have dental treatment at the Cork University Dental School and Hospital; and if she will make a statement on the matter. [6141/08]

215. Deputy Finian McGrath asked the Minister for Health and Children if she will assist persons (details supplied) in Dublin 17. [6143/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

216. Deputy Finian McGrath asked the Minister for Health and Children if she will assist a person (details supplied) in Dublin 4. [6144/08]

217. Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork, who is 25 years old, has Down’s syndrome with an intellectual disability and a history of cardiac murmur, has been refused dental treatment under general anaesthetic on the grounds that they are too old to receive general anaesthetic treatment. [6158/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the

633 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Pension Provisions. 218. Deputy John Cregan asked the Minister for Health and Children when the human resources section of the Health Service Executive will provide information requested by the Department of Social and Family Affairs, in respect of a person (details supplied) in County Limerick in order that their pension entitlements can be calculated; and if she will make a statement on the matter. [6165/08]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for the management of its human resources, including the provision of information regarding individual employees. In that regard, the Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Health Repayment Scheme. 219. Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive payment under the health repayment scheme particularly as the claimant maintains that all the necessary documentation has been submitted. [6180/08]

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

Health Services. 220. Deputy Martin Ferris asked the Minister for Health and Children the average waiting time for patients requiring artificial limbs. [6193/08]

221. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied). [6197/08]

634 Questions— 19 February 2008. Written Answers

Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

222. Deputy Kathleen Lynch asked the Minister for Health and Children if her attention has been drawn to the fact that many people with intellectual disabilities have been unable to access dental care in the Cork area due to the withdrawal or unavailability of full anaesthetic services; if there is a dispute ongoing between the Health Service Executive and Cork Univer- sity Hospital on this issue; the nature of such a dispute; the steps being taken to resolve the issue in order to avoid further inconvenience and suffering to these patients; and if she will make a statement on the matter. [6202/08]

Long-Term Illness Scheme. 223. Deputy Emmet Stagg asked the Minister for Health and Children the reason sufferers of Huntington’s disease are excluded from the long-term illness scheme. [6211/08]

284. Deputy Michael Ring asked the Minister for Health and Children if a medical condition will be included under the long term illness scheme (details supplied). [6387/08]

Minister for Health and Children (Deputy Mary Harney): Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Park- insonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to extend the list of eligible conditions. Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient’s eligibility. People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations. Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than \90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, non-reimbursed medical expenses above a set threshold may be offset against tax.

Hospital Services. 224. Deputy Michael Ring asked the Minister for Health and Children when a person (details

635 Questions— 19 February 2008. Written Answers

[Deputy Michael Ring.] supplied) in County Mayo can expect to get a bed for surgery in Galway Regional Hospital. [6214/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Mental Health Services. 225. Deputy James McDaid asked the Minister for Health and Children the number of Mental Health Tribunals that have been held since the implementation of the Mental Health Act 2001; the cost of these tribunals since the implementation of the Mental Health Act 2001; and if there is separate funding to cover the cost of these tribunals, or if these costs are taken from the overall budget allocated to mental health. [6227/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The following table sets out the number and cost of mental health tribunal hearings which have taken place since the commencement of Part 2 of the Mental Health Act 2001 on 1st November 2006, to the 31st December 2007:

No. of tribunals held Cost of tribunals

2006 175 1,001,174 2007 2,248 9,008,051

The above figures do not include a number of outstanding attendance fees which have yet to be submitted by mental health tribunal panel members to the Mental Health Commission or the overheads associated with the administration of the mental health tribunals by the Com- mission. The costs of the tribunals are met from the budget of the Mental Health Commission. Funding for the Commission is provided from Vote 39 of the Office of the Minister for Health and Children.

Hospital Waiting Lists. 226. Deputy Joanna Tuffy asked the Minister for Health and Children if her attention has been drawn to the long waiting list for speech and language assessment in north Clondalkin and the urgent need for a full time speech and language therapist to be appointed to Rowlagh Health Centre; and if she will make a statement on the matter. [6241/08]

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Hospital Staff. 227. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children if she will request the Health Service Executive to ensure that a locum is employed to replace a dermatologist in the Mater Hospital who is currently on long-term leave as patients are currently having their appointments deferred for 12 months; and if she will ensure that alternative arrangements are made in order that a patient (details supplied) in Dublin 11 can be seen at an early date. [6245/08]

Departmental Agencies. 228. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Comhairle na nOspide´al; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6246/08]

Minister for Health and Children (Deputy Mary Harney): Comhairle na nOspide´al was established under the Health Act, 1970 and its inaugural meeting took place in September 1972. Its main executive functions were to regulate the number and type of appointments of consultant medical staff in hospitals providing services under the Health Acts and to specify qualifications for such appointments. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004. In accordance with the Government’s Health Service Reform Programme, Comhairle na nOspi- de´al was dissolved under the Health Act 2004 and its functions transferred to the HSE with effect from 1 January, 2005. Board members continued in an advisory capacity until the scheduled end of their appointed terms of office in December 2005.

Dental Health Foundation. 229. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Dental Health Foundation; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6247/08]

637 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Dental Health Foundation (DHF) is a registered charity and my Department has no function in its management. My Department, however, engages the DHF in providing the secretariat services for the Irish Expert Body on Fluorides and Health. In this role, the DHF provides support to the Expert Body in the organisation of meetings; the development of the work agenda and the management and co-ordination of research initiatives; and the duties associated with the implementation of decisions taken by the Expert Body.

Departmental Agencies. 230. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Health Protection Surveillance Centre; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6248/08]

Minister for Health and Children (Deputy Mary Harney): The National Disease Surveillance Centre (NDSC) was established in late 1998 conjointly by the eight Health Boards and with the approval of the Minister of Health and Children. The NDSC was governed by a Board of Management nominated by the Chief Executives of the Health Boards and the Department of Health and Children. With the establishment of the Health Service Executive (HSE) the NDSC became the Health Protection Surveillance Centre (HPSC) under the aegis of the HSE on 1st January 2005. The Mission Statement of the HPSC is “To improve the health of the Irish population by provision of the best possible information on disease including infectious diseases through surveillance and independent advice, epidemiological investigation, research and training.” HPSC has six main areas of responsibility, namely, surveillance of some of the major communicable diseases; operational support by providing expert advice to, and responding to requests for support from, departments of public health or hospitals; training for professionals working in communicable disease control; research in identifying and developing best practice in communicable diseases; policy advice to Departments and appropriate agencies in relation to the development of standards, guidelines and practices, and promoting the adoption of best practice by different agencies; and providing information on infectious diseases to the public and the media.

Departmental Bodies. 231. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Hospital Trust Board; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6249/08]

Minister for Health and Children (Deputy Mary Harney): The Hospitals Trust Board was established under The Public Hospitals (Amendment) Act 1938. The Board, no longer having any functions to discharge and no monies remaining, is to be dissolved. Final accounts are in preparation and once received the relevant legislative amendments will be made in order to facilitate the winding up the Hospital Trust Board.

232. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Primary Care Reimbursement Service; if this group is still in existence; the purpose

638 Questions— 19 February 2008. Written Answers and role of this group; the number of members of the board of this group; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6250/08]

Minister for Health and Children (Deputy Mary Harney): The Primary Care Reimbursement Service (PCRS) is part of the Health Service Executive (HSE) and is subject to its governance structures. The PCRS does not therefore have a board in its own right. The PCRS discharges the functions, which prior to 2005, were undertaken by the General Medical Services (Payments) Board. Part 10 of the Health Act 2004 effected, inter alia, the dissolution of the General Medical Services (Payments) Board and the transfer of its functions, employees, lands and property to the HSE. It supports the delivery of primary healthcare by providing reimbursement services to Primary Care contractors (General Practitioners, Pharmacists, Dentists and Optometrists/Ophthalmologists) who have contracts with the HSE to provide services to members of the public in their own community. In addition, the PCRS also reimburses Primary Care contractors for services provided to eligible recipients under a variety of community schemes, including the Drugs Payment Scheme, the Long Term Illness Scheme, the Dental Treatment Services Scheme, the Primary Childhood Immunisation Scheme, the High Tech Drugs Scheme, the Methadone Treatment Scheme and the Community Ophthalmic Services Scheme. Each year, the HSE publishes the Primary Care Reimbursement Service’s statistical analysis of claims and payments. The 2006 report shows that over 2.26 million persons used the services of primary care contractors that year and that the PCRS processed in excess of 60 million transactions, with associated expenditure under a range of schemes amounting to over \2.07 billion.

233. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Beaumont Hospital Board; if this board is still in existence; the purpose and role of this board; the number of members of the board; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6252/08]

Minister for Health and Children (Deputy Mary Harney): The Board of Beaumont Hospital was established under the Beaumont Hospital Board (Establishment) Order, 1977, as amended by the Beaumont Hospital Board (Establishment) Order, 1977 (Amendment) (No.2) Order 1988. The Board is responsible, inter alia, for the management and development of the services provided by the hospital; for the provision of medical, nursing and para-medical teaching facilities and for the conduct of medical research. The Board may consist of up to 15 members, all of whom are appointed by the Minister for Health and Children. Four members, including the Chairperson, are appointed directly by the Minister. The remaining eleven members are appointed by the Minister as follows:

• One public representative from either the Fingal County Council area or the Dublin City Council area;

• The Chair and the Vice-Chair of the Medical Board to be appointed ex-officio;

• Two members to be appointed on the nomination of the unions (one representing nursing, one representing other grades);

639 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.]

• One member to be appointed on the nomination of the Royal College of Surgeons in Ireland;

• One member to be appointed on the nomination of Dublin City University;

• One member to be appointed on the nomination of the North Dublin GP Group;

• Three members to be appointed on the nomination of the Chairperson in consultation with the CEO.

234. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the board of the Adelaide and Meath Hospital; if this board is still in existence; the purpose and role of this board; the number of members of the board; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6253/08]

Minister for Health and Children (Deputy Mary Harney): The Board of the Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital, was established under the Health Act 1970 (Section 76)(Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital) Order, 1996. The Board is responsible for the management of the activities of the Hospital and the services provided. The Board may consist of up to 23 members, 8 of whom are appointed by the Minister for Health and Children:

• 6 of the appointments are made on the nomination of the President of the Hospital;

• 1 on the nomination of the Health Service Executive, and

• 1 on the nomination of the Board of Trinity College, Dublin.

Of the remaining members, 6 are appointed by the Adelaide Hospital Society, 6 by the Meath Hospital Foundation, and 3 by the National Children’s Hospital Foundation.

Voluntary Hospitals. 235. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Cappagh National Orthopaedic Hospital; if this body is still in existence; the purpose and role of this board; the number of members of the board; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6254/08]

238. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Children’s University Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6257/08]

240. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Coombe Women’s Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are

640 Questions— 19 February 2008. Written Answers appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6259/08]

243. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Incorporated Orthopaedic Hospital of Ireland; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6262/08]

245. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Mater Misericordiae University Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6264/08]

250. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Our Lady’s Hospital for Sick Children; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6269/08]

252. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Rotunda Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6271/08]

254. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Royal Victoria Eye and Ear Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6273/08]

263. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St. Vincent’s University Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6282/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 235, 238, 240, 243, 245, 250, 252, 254 and 263 together. The hospitals referred to in the Deputy’s questions are voluntary hospitals and I have no role in the appointment of persons to their Boards.

Departmental Bodies. 236. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Central Mental Hospital; if this body is still in existence; the purpose and role of this board; the number of members of the board; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6255/08]

641 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Jimmy Devins) The Central Mental Hospital was established in 1850, and is still in existence. The appointment and role of any Board is a matter for the HSE.

Voluntary Organisations. 237. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Central Remedial Clinic; if this body is still in existence; the purpose and role of this board; the number of members of the board; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6256/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The Central Remedial Clinic is a voluntary organisation. The Minister for Health and Children has no function in the appointment of the board of the Central Remedial Clinic.

Question No. 238 answered with Question No. 235.

Departmental Bodies. 239. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of City of Dublin Skin and Cancer Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6258/08]

Minister for Health and Children (Deputy Mary Harney): The City of Dublin Skin and Cancer Hospital was established by Charter in June 1916. The hospital closed in October 2006 and its services have transferred to St Vincent’s University Hospital, Elm Park. I have no role in relation to the appointment of members to the Board.

Question No. 240 answered with Question No. 235.

241. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Cork University Dental School and Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6260/08]

Minister for Health and Children (Deputy Mary Harney): The Cork University Dental School and Hospital is still in existence. It is run jointly under the auspices of the HSE and University College Cork and does not have a board of management.

242. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Dublin Dental Hospital Board; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6261/08]

Minister for Health and Children (Deputy Mary Harney): The Dublin Dental Hospital was established under the terms of the Dublin Dental Board (Establishment Order), 1963, as amended. Accordingly, the Board is appointed by me as Minister for Health and Children.

642 Questions— 19 February 2008. Written Answers

The Board consists of one Chairperson and thirteen members. I nominate the Chairman and five Board members. There are also four statutory nominees (i.e. one Royal College of Sur- geon’s nominee and three University of Dublin, Trinity College, nominees) and four traditional nominees (i.e. two Minister for Education and Science nominees and two Irish Dental Associ- ation nominees). The purpose and role of the Board is to ensure appropriate governance in the management and delivery of a range of oral health services.

Question No. 243 answered with Question No. 235.

244. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Leopardstown Park Hospital Board; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6263/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): In 1979 a memorandum of agreement was reached between the Department of Health (Ireland) and the Department of Health and Social Services (United Kingdom) whereby the day today running of the Hospital was assigned to a Board of Management. The Board set up under the Leopardstown Park Hospital Board (Establishment) Order 1979 and confirmed by the Health (Corporate Bodies) (Amendment) Act, 2007 consists of 9 members. All 9 appointments are made by the Minister of Health & Children, but two of the 9 are made on the nomination of the Secretary of State, United Kingdom.

Question No. 245 answered with Question No. 235.

Voluntary Hospitals. 246. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Mercy University Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6265/08]

255. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of South Infirmary Victoria Hospital Limited; if this company is still in existence; the purpose and role of this company; the equity stake held by the State, the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6274/08]

257. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St John’s Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6276/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 246, 255 and 257 together. The hospitals referred to in the Deputy’s questions are voluntary hospitals and I have no role in the appointment of persons to their Boards.

643 Questions— 19 February 2008. Written Answers

Departmental Bodies. 247. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the National Maternity Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6266/08]

Minister for Health and Children (Deputy Mary Harney): A Board of Governors has responsibility for the management of the National Maternity Hospital. The hospital was incorporated by Royal Charter, 1903 as amended by the National Maternity Hospital, Dublin (Charter Amendment) Act, 1936. Under the Charter, the Minister for Health and Children has “the right from time to time to nominate two persons as Governors”. The current Board of Governors includes two such persons nominated by the Minister.

248. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the National Rehabilitation Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6267/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The National Rehabilitation Hospital (NRH) was established in 1963 and is still in existence. The Purpose and Role of NRH is to provide specialist Rehabilitation Services for patients who have acquired physical or cognitive disability as a result of accident, injury or illness. The NRH provide specialist rehabilitation in Brain Injury (including Stroke), Spinal Cord Injury, Amputee and Limb absence, and Paediatric rehabilitation, for the national population. There are 15 Board Members all of whom have been appointed by the Sisters of Mercy as per the Hospital Constitution.

Voluntary Hospitals. 249. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Our Lady’s Hospice, Harold’s Cross; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6268/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Minister for Health and Children has no function in relation to the appointment of members of the Board of the Our Lady’s Hospice, Harold’s Cross. Our Lady’s Hospice is an independent voluntary organisation that provides social care services to the community.

Question No. 250 answered with Question No. 235.

251. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of Peamount Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6270/08]

644 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Minister for Health and Children has no function in relation to the appointment of members to the Board of Peamount Hospital. Peamount is an independent voluntary organisation that provides social care services to the community.

Question No. 252 answered with Question No. 235.

253. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Royal Hospital Donnybrook; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6272/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Minister for Health and Children has no function in relation to the appointment of members of the Board of the Royal Hospital Donnybrook. The Royal Hospital Donnybrook is an independent voluntary organisation that provides social care services to the community.

Question No. 254 answered with Question No. 235.

Question No. 255 answered with Question No. 246.

Departmental Bodies. 256. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St. James’s Hospital Board; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6275/08]

Minister for Health and Children (Deputy Mary Harney): The Board of St. James’s Hospital was established under the St. James’s Hospital Board (Establishment) Order, 1971 as amended by the St. James’s Hospital Board (Establishment) Order, 1971 (Amendment) Order, 2004. The Board is responsible, inter alia, for the management and development of the services provided by the hospital; for the provision of medical, nursing and para-medical teaching facilities and for the conduct of medical research. The Board may consist of up to 15 members, all of whom are appointed by the Minister for Health and Children. Five members are appointed directly by the Minister and include the Chairperson and 2 local electoral area representatives from Dublin City Council. The remaining 10 members are appointed by the Minister on the nomination of the Medical Board of the Hospital (2), the group of trade unions representing non-medical staff at the hospital (2), the University of Dublin, Trinity College (2) and the Chairperson of the Board in consultation with the Chief Executive Officer of the hospital (3).

Question No. 257 answered with Question No. 246.

258. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St. John of God Community Adult Mental Health Service; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6277/08]

645 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): The St. John of God Community Adult Mental Health Service is operated by the St. John of God Order. The role of this body and the appointment of any Board, is a matter for the Order.

259. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St Luke’s and St Anne’s Hospital Board; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6278/08]

Minister for Health and Children (Deputy Mary Harney): St. Luke’s and St. Anne’s Hospital Board was established on 6 December 1988 under the St. Luke’s and St. Anne’s Hospital Board (Establishment) Order 1988 (Statutory Instrument No. 322 of 1998). The primary function of the Board was to provide a service for the diagnosis and treatment of malignant diseases, diseases of skin and such benign conditions as are amenable to treatment provided for malignant diseases. On 30 July 1999, the St. Luke’s and St. Anne’s Hospital Board was revoked under the St. Luke’s and St. Anne’s Hospital Board (Revocation) Order 1999 (Statutory Instru- ment No. 252 of 1999). On 30 July 1999, the St. Luke’s Hospital Board was established under the St. Luke’s Hospital Board (Establishment) Order 1999 (Statutory Instrument No. 253 of 1999). Section 6 of the Order provides for the appointment by me of ten members to the Board, to include one nominee each from the Board of Management of St. Vincent’s Hospital, the Irish Hospice Found- ation, the Irish Cancer Society, the Chief Executive Officers of the Health Boards and the Irish College of General Practitioners. The primary function of the Board is to provide a service for the diagnosis, treatment and care of cancer patients, with particular emphasis on the provision of radiotherapy services. On 24 December 2007, I appointed a new St. Luke’s Hospital Board for the period to 23 December 2009.

Voluntary Organisations. 260. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St. Mary’s Hospital and Residential School in Baldoyle; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6279/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I understand that St. Mary’s Hospital and Residential School in Baldoyle has been taken over by St. Michael’s House which is an independent voluntary organisation. I have no role in relation to the appointment of board members to St Michael’s House.

261. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St Patrick’s Hospital and Marymount Hospice; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6280/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Minister for Health and Children has no function in relation to the appointment of members of the Board of either St Patrick’s Hospital and Marymount Hospice. St. Patrick’s Hospital

646 Questions— 19 February 2008. Written Answers and Marymount are independent voluntary organisations that provide social care services to the community.

Voluntary Hospitals. 262. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of St. Vincent’s Hospital; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6281/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): St. Vincent’s Hospital, Fairview was founded in 1857. It is a public voluntary hospital, governed by a Board of Governors under the chairmanship of the Archbishop of Dublin. I have no function in relation to the Board of this hospital.

Question No. 263 answered with Question No. 235.

Departmental Bodies. 264. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the advisory committee for human medicine; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6283/08]

265. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the advisory committee for veterinary medicines; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6284/08]

266. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Poisons Council; if this council is still in existence; the purpose and role of this council; the number of members of the board of this council; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6285/08]

267. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Food Safety Consultative Council; if this council is still in existence; the purpose and role of this council; the number of members of the board of this council; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6286/08]

270. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the scientific committee of the Food Safety Authority in Ireland; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6289/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 264 to 267, inclusive, and 270 together.

647 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.]

The Advisory Committee for Human Medicines was established on 1 January 1996 and is still in existence. The committee assists and advises the Irish Medicines Board in relation to any matters pertaining to the safety, quality or efficacy of medicinal products for human use referred to it by the Board and it provides advice in cases where it is proposed to refuse to grant a licence for a medicinal product on any grounds relating to its safety, quality or efficacy. The committee consists of between six and twelve members — all of whom are appointed by the Minister for Health and Children. The Advisory Committee for Veterinary Medicines was established on 1 January 1996 and is still in existence. The committee assists and advises the Irish Medicines Board in relation to any matters pertaining to the safety, quality or efficacy of medicinal products for animal use referred to it by the Board and it provides advice in cases where it is proposed to refuse to grant a licence for a medicinal product on any grounds relating to its safety, quality or efficacy. The committee consists of between six and twelve members — all of whom are appointed by the Minister for Health and Children with the consent of the Minister for Agriculture, Fisheries and Food. The Poisons Council was established on 16 March 1962 and is still in existence. The council advises the Minister for Health and Children and the Minister for Agriculture, Fisheries and Food in relation to any Regulation made under the Poisons Act and on any other matter in relation to poisons, their manufacture, storage, transport, distribution, sale or use. The council consists of 18 members — all of whom are appointed by the Minister for Health and Children but five of whom are nominated by the Minister for Agriculture, Fisheries and Food. The Food Safety Consultative Council was established on 19 December 2000 and is still in existence. The council allows the Food Safety Authority of Ireland (FSAI) to fulfil its responsibility to consult with representatives of consumers, producers, retailers, distributors, caterers and manufacturers on activities or other measures to be undertaken. The council consists of 24 members — not more than twelve of whom are nominated by the Minister for Health and Children; three are nominated by the Minister for Agriculture, Fisheries and Food, one by the Minister for Enterprise, Trade and Employment, and one by the Minister for the Environment, Heritage and Local Government. The remainder are appointed by the Board of the FSAI. The Scientific Committee of the Food Safety Authority of Ireland was established on 24 February 2000 and is still in existence. The committee advises the Board of the FSAI on scientific and technical questions relating to food safety and hygiene; the implementation and administration of food inspection services; and the nutritional value or content of food. The committee consists of 15 members — all of whom are appointed by the Minister for Health and Children, following consultation with the Board of the FSAI.

268. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Irish expert body on fluorides and health; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6287/08]

Minister for Health and Children (Deputy Mary Harney): The Irish Expert Body on Fluor- ides and Health (known as the Expert Body) was set up in 2004 and is still in existence. The Expert Body consists of one chairman and twenty two members who are appointed by me. The purpose and role of the Expert Body is set out in its terms of reference as follows:

• To oversee the implementation of the recommendations of the Forum on Fluoridation

648 Questions— 19 February 2008. Written Answers

• To advise the Minister and evaluate ongoing research — including new emerging issues — on all aspects of fluoride, its delivery methods as an established health technology and as required.

• To report to the Minister on matters of concern at his/her request or on own initiative.

269. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the National Children’s Advisory Council; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6288/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): The National Children’s Advisory Committee was established in May 2001. The first Council served from May 2001 until May 2004. The second term of the reconstituted Council commenced in April 2005. This second term is due to conclude in mid-2008. The Council has an independent advisory and monitoring role in relation to the implementation of the National Children’s Strategy and reports to the Minister for Children, in that regard. Its functions are:

• to advise the Minister on all aspects of children’s lives, including the development of child well-being indicators;

• to advise the Minister on the better co-ordination and delivery of services to children;

• to contribute to the monitoring and evaluation of the implementation of the Strategy;

• to undertake and advise on research and to advise on training in relation to the Strategy;

• to advise on the development of mechanisms to consult with children.

The National Children’s Advisory Council provides independent advice to the Minister for Children. Through its diverse membership the Council is uniquely placed to provide advice, which reflects a combination of expertise and practical “on the ground” experience. The Council also plays an important role in monitoring the implementation of the National Chil- dren’s Strategy. One of the key features of the Council, when it was first established, was that for the first time, an Advisory Council to the Minister included youth members who would work alongside nominees from the statutory and voluntary sector. The current Council includes five youth members who have been elected by the Children and Young People’s Forum of the Office of the Minister for Children. Further information on the Council is available on www.ncac.ie. The current Membership of the National Children’s Advisory Council is as follows:

Chairperson Mr Peter O’Brien

Children and Young People’s Forum Representatives Ms Nicola Conroy Mr James Doyle Ms Alison Jack

649 Questions— 19 February 2008. Written Answers

[Deputy Brendan Smith.]

Ms Isobel Jones Mr Paul O’Toole

Statutory Sector Mr Michael O’Fiannachta, Department of Education and Science Mr Seamus Mannion, Health Service Executive Ms Elizabeth Canavan, Office of the Minister for Children Mr Charlie Hardy, Office of the Minister for Children Ms Bernie Priestly, Irish Sports Council Ms Anne-Marie O’Connor, Department of Social and Family Affairs Ms Mary Meaney, National Disability Authority Mr Finbarr Murphy, An Garda Sı´ocha´na Ms Gaye Tanham, the Arts Council Ms Sorcha Byrne, Department of the Environment, Heritage and Local Government

Voluntary Sector Ms Maria Corbett, Children’s Rights Alliance Ms Norah Gibbons, Barnardos Ms Jackie O’Callaghan, National Parents Council / Post Primary Mr Michael O’Connor, Focus Ireland Mr Diarmuid Kearney, National Youth Council of Ireland Ms Collette Murray, Pavee Point Ms Caroline O’Sullivan, ISPCC Sr. Catherine Prendergast, Council of Religious of Ireland Ms Irene Gunning, National Childcare Coordinating Committee Ms Jennifer Wallace, National Consultative Committee on Racism and Interculturalism

Research Dr. Saoirse Nic Gabhainn, National Children’s Research Advisory Board

Ministerial Nominees Mr David Hopkins Mr George Maybury Dr. Dermot Stokes

Question No. 270 answered with Question No. 264.

650 Questions— 19 February 2008. Written Answers

271. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Women’s Health Council; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6290/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Women’s Health Council is a statutory body established on 25th June 1997 and continues in existence. All 15 board members are appointed by the Minister for Health and Children. The functions of the Women’s Health Council are as follows:

1. Advising the Minister for Health and Children on all aspects of women’s health

2. Assisting the development of national and regional policies and strategies designed to increase health gain and social gain for women.

3. Developing expertise on women’s health within the health services.

4. Liaising with other relevant international bodies which have similar functions as the Council.

5. Advising other Government Ministers at their request.

272. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the heart health taskforce; if this taskforce is still in existence; the purpose and role of this taskforce; the number of members of the board of this taskforce; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6291/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The inaugural meeting of The Heart Health Task Force took place on the 21st September, 1999. The Heart Health Task Force was set up to give overall direction and impetus to the implementation and review of the Cardiovascular Health Strategy and Building Health- ier Hearts. There were twenty six members of the Task Force, all of whom were appointed by the Minister for Health and Children. The work of this Task Force is now complete and it is no longer operational.

273. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the primary care taskforce; if this taskforce is still in existence; the purpose and role of this taskforce; the number of members of the board of this taskforce; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6292/08]

Minister for Health and Children (Deputy Mary Harney): The Primary Care Task Force was established in April 2002 and concluded its work in June 2005 following the transfer of its responsibilities to the Health Service Executive. The Task Force represented a partnership between my Department and the former health boards to drive the implementation of the Primary Care Strategy on a national basis. The Task Force was comprised of 3 staff of my Department and 4 staff of the former health boards who were either on full-time or part-time secondment to my Department.

651 Questions— 19 February 2008. Written Answers

274. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the strategic taskforce on alcohol; if this taskforce is still in existence; the purpose and role of this taskforce; the number of members of the board of this taskforce; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6293/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Strategic Task Force on Alcohol (STFA) was established in January 2002 by the previous Minister for Health and Children, Mr Micheal Martin T.D. The brief of the STFA was, inter alia, to recommend specific evidence based measures to Government to reduce alcohol related harm in Ireland. The Taskforce had a membership of 28 drawn from a wide range of bodies including representatives from government departments, health professionals, the Gardaı´, non-governmental organisations and the drinks industry. The STFA produced an Interim Report in May 2002 and completed its work by publishing a Second Report in September 2004.

Hospital Car Parks. 275. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the Beaumont Hospital Car Park Limited; if this company is still in existence; the level of equity held by the State in this company; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6294/08]

Minister for Health and Children (Deputy Mary Harney): My Department is advised that Beaumont Hospital Car Park Company Limited is a subsidiary company of Beaumont Hospital Board. I have no role in the appointment of Directors to the Board of this company. My Department has, therefore, requested the Parliamentary Affairs Division of the Health Service Executive to reply directly to the Deputy on the specific issues raised.

Departmental Bodies. 276. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the national child care management committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6296/08]

277. Deputy Leo Varadkar asked the Minister for Health and Children the date of establishment of the national child care co-ordinating Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by her; the person the remaining board members are appointed by; and if she will make a statement on the matter. [6297/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): I propose to take Questions Nos. 276 and 277 together. The National Childcare Strategy: A Report of the Partnership 2000 Expert Working Group on Childcare (1999) recommended the establishment of a National Childcare Management Committee. Following this recommendation a new National Childcare Co-ordinating Commit-

652 Questions— 19 February 2008. Written Answers tee (NCCC) was established in late 1999 and held it’s first meeting on 17th December 1999. The NCCC is chaired by the Office of the Minister for Children (OMC). When the Committee was first established it was tasked with several functions including to advise in relation to the development of a childcare infrastructure, to advise the Minister in relation to childcare under the National Development Plan 2000-2006, and to develop a co- ordinated approach to childcare provision over the life of the Equal Opportunities Childcare Programme 2000-2006 (EOCP). The NCCC was also tasked to assist in the development of the CCCs, which were successfully launched in 2001, and to initiate research into childcare provision at both national and local level. With the introduction of the National Childcare Invest- ment Programme 2006-2010 (NCIP) and the coming to an end of the EOCP, the terms of reference of the NCCC were revised in June 2007 and its functions include providing advice and assistance to the OMC in relation to the National Childcare Strategy 2006-2010, including childcare issues under the NCIP and the National Childcare Training Strategy, and in regard to Siolta´, the National Quality Framework for Early Childhood Education, and the Framework for Early Learning. The NCCC is also tasked with developing a co-ordinated national approach to childcare provision during 2007 -2010. The Committee currently has 30 members who represent the organisations listed below. Where vacancies arise they are filled, generally, by the nominating body. Office of the Minister for Children (Chair); Department of Education and Science; Irish Congress of Trade Unions (ICTU); Irish Business and Employers Confederation (IBEC); Community Pillar; Farming Pil- lar (IFA); Regional Assemblies (BMW, S&E); FA´ S; HSE; IPPA — The Early Childhood Organisation; Barnardos; Childminding Ireland; National Children’s Nurseries Association (NCNA); Forbairt Naoinraı´ Teo; St Nicholas Montessori Society of Ireland; Irish Steiner Wal- dorf Early Learning Education Association; National Women’s Council of Ireland; County Childcare Committees; Pobal Ltd; Chambers of Commerce Ireland; Planet; Community Groups National Representatives Network; Centre for Early Childhood Development and Education (CEDCE); Dublin Institute of Technology (Childcare Training).

Pharmacy Regulations. 278. Deputy Charlie O’Connor asked the Minister for Health and Children her views on the proceedings of the meeting of the Joint Committee of Health and Children on 12 February 2008 attended by the Health Service Executive and the Irish Pharmaceutical Union; if her attention has been drawn to the need for acceptable solutions in the matter; and if she will make a statement on the matter. [6309/08]

289. Deputy Dinny McGinley asked the Minister for Health and Children if, in view of the possible withdrawal of services of pharmacists from 1 March 2008 and taking into account the urgency of the situation, she will approve the appointment of an independent arbitrator who will report within a specific period of time in order that the crisis can be averted from 1 March 2008; and if she will make a statement on the matter. [6412/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 278 and 289 together. The meeting of the Joint Committee on Health and Children on 12 February 2008 allowed for a frank and open discussion on the issues of concern to pharmacists arising from the decision to introduce revised wholesale pricing arrangements from 1st March 2008. The meeting also enabled the Health Service Executive (HSE) to outline its plans in respect of the interim pharmacy contract with a flat rate dispensing fee, which it is offering to pharmacists on a

653 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.] voluntary basis to address concerns about the alleged impact of the new wholesale pricing arrangements on GMS-dependent pharmacists, in particular. I am concerned, in particular, to support pharmacies which have a high proportion of medical card patients and where a dispensing fee of \3.27 applies for most transactions. Many of these pharmacies are in rural or inner city areas and provide an important social and health service. With my support, the HSE has indicated it is prepared to offer a higher fee, of no less than \5 per item dispensed, to community pharmacists, on the basis of an interim contract which would be essentially the same as the existing contract. The Government is firm in its view that the wholesale mark-up paid on the price of drugs should be reduced to a level that is fair to both taxpayers and wholesalers. The existing mark- up in the range of 15-17.6% is neither reasonable nor sustainable. The decision to pay an 8% mark-up from 1 March, and 7% from 1 January 2009, will go ahead. At this point, the HSE has not been formally notified by any community pharmacist of their intention to withdraw services under the present pharmacy contract. I met with the Irish Pharmaceutical Union last week and heard their point that there should be an independent assessment of the fees offered. In the light of this, I am establishing an Independent Body to begin work immediately to assess an interim, fair community pharmacy dispensing fee of at least \5 to be paid for the medical card scheme, the Drugs Payment Scheme and other community drug schemes. This Body will be chaired by Sea´n Dorgan, former Head of IDA Ireland. It will take submissions from all sides and will carry out its own analysis. It will be asked to make its recommendations by the end of May 2008. Its recommended fee level, subject to Government approval, will be backdated to 1 March 2008. The development of the substantive new contract will get under way immediately and will be completed as soon as possible; this will be done under the auspices of an agreed facilitator and it too will be priced by the Independent Body. The terms of reference of the Independent Body are: To advise the Minister for Health and Children on the appropriate level of dispensing fee to be paid to community pharmacists for existing services provided under the GMS and community drug schemes having regard to; (i) the overall public interest including the issues of patient safety and continuity of supply; (ii) the fee of \5 per item which has already been offered; (iii) the reasonable costs incurred by pharmacists in providing services under the schemes and the value of the professional service of dispensing; and (iv) the statutory obligation on the HSE to use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public; and to submit a report on the matter to the Minister for Health and Children. The requested date for submission of the report is 31 May 2008. Both the HSE as the contracting body and the IPU as the representative organisation for community pharmacists, along with other stakeholders, will be entitled to make submissions to the Independent Body addressing whatever factors and issues are of concern to them. The Independent Body will also be entitled to engage whatever outside expertise it requires to assist it with its task. Based on its consideration of submissions received and its own independent evaluation, the body will recommend an appropriate dispensing fee to my Department that would, in its view, represent a fair and reasonable price to be paid for the pharmaceutical service currently being provided by community pharmacists to the HSE under the GMS and community drug schemes.

654 Questions— 19 February 2008. Written Answers

Each pharmacist will have three options: to avail of the interim contract as outlined by the HSE letter of 2 January 2008 immediately; to accept the interim contract upon the report of the Independent Body; or to stay with the existing retail fee structure until the agreement of a substantive new contract. I believe this provides all concerned with a reasonable way to make the transition to a fair and transparent method of payment for present services and, I hope, greatly developed pharmacy services in the near future.

Nursing Homes Repayment Scheme. 279. Deputy Michael McGrath asked the Minister for Health and Children the position in relation to an application on a behalf of a person (details supplied) in County Cork under the nursing home charges repayment scheme. [6346/08]

Housing Aid for the Elderly. 280. Deputy Michael McGrath asked the Minister for Health and Children the reason for the delay in issuing a decision regarding an application for special housing aid for the elderly by a person (details supplied) in County Cork. [6379/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE’s responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 281. Deputy Jan O’Sullivan asked the Minister for Health and Children the number of children suffering from diabetes in Cavan, Monaghan, Louth and Meath who are in receipt of domiciliary care allowance; and if she will make a statement on the matter. [6382/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff. 282. Deputy Jan O’Sullivan asked the Minister for Health and Children when she expects a liaison nurse for cystic fibrosis patients to be appointed for the mid-west area; and if she will make a statement on the matter. [6383/08]

655 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act, 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and have a reply issued directly to the Deputy.

Departmental Staff. 283. Deputy Jan O’Sullivan asked the Minister for Health and Children the nature of each of the grade VIII or above Health Service Executive posts that were approved by her Depart- ment and the Department of Finance to date in 2008 under the terms of the Employment Control Framework; the work these four people will be doing; and if she will make a statement on the matter. [6384/08]

Minister for Health and Children (Deputy Mary Harney): Under the terms of the Employ- ment Control Framework introduced in December 2006, the HSE is required to obtain the prior approval of my Department and the Department of Finance for the filling of posts at Grade VIII and above. I wish to advise that, so far this year, my Department has approved the filling of six posts at Grade VIII and above. It might be noted that five are vacant posts and one is an upgrading. The details of these posts are shown in the following table:

Title of Post Grade of Post Reason for filling Type of work

Finance Officer Grade VIII Death of postholder Responsible for the overall Finance function in the Mercy University Hospital Buildings and Grade VIII Upgrading based on job To manage the estates and facilities on behalf of Maintenance evaluation Galway PCCC Manager, PCCC General Manager General Manager, Previous General Operations Manager for the delivery of PCCC Community Care Manager Transferred services in Cavan/Monaghan and support Local Health Manager in the delivery of planned business targets A/General Manager General Manager, Existing General To manage and coordinate the delivery of all Community Care Manager movingto health and personal social services within another post Cork and North Lee PCCC Chief Assistant CATSO CATSO on career To provide engineering and project management Technical Services break service for ongoing capital projects in the Officer (CATSO) HSE West — Limerick Grade VIII Grade VIII Post currently filled in To be responsible for the management and an acting capacity control of all resources, human and financial, associated with the post in consultation with line manager in the Local Health Manager’s Office North Dublin

Question No. 284 answered with Question No. 223.

Hospital Services. 285. Deputy Olwyn Enright asked the Minister for Health and Children when the renal dialysis unit at the Midlands Regional Hospital, Tullamore will be fully operational; if the uncommissioned section will be commissioned in one move rather then on a piece meal basis; and if she will make a statement on the matter. [6394/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider 656 Questions— 19 February 2008. Written Answers the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

286. Deputy Olwyn Enright asked the Minister for Health and Children the number of people in total and the number from each county in the midlands Health Service Executive area, waiting to gain admission to the renal dialysis unit at the Midlands Regional Hospital, Tullamore; the number of these people currently using other units; the number waiting using other facilities in tabular form, naming each facility; and if she will make a statement on the matter. [6395/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.

National Treatment Purchase Fund. 287. Deputy Sea´n Fleming asked the Minister for Health and Children the number of people on the waiting list for treatment on the National Treatment Purchase Fund; the number of these people who are on the public health waiting list for less than six months, between six and nine months, between nine and twelve months and longer than twelve months, who have applied for treatment under the scheme; and if she will make a statement on the matter. [6398/08]

288. Deputy Sea´n Fleming asked the Minister for Health and Children the amount of funding available for the National Treatment Purchase Fund in 2008; the number of procedures expected to be carried out under this fund; the way this compares in 2007; if it is sufficient for the National Treatment Purchase Fund to meet its obligations to provide prompt procedures for people on public waiting lists over three months; and if she will make a statement on the matter. [6399/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 287 and 288 together. As the Deputy’s question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Question No. 289 answered with Question No. 278.

Departmental Property. 290. Deputy Denis Naughten asked the Minister for Health and Children her views on hand- ing over land (details supplied) in County Galway to a voluntary organisation; the number of organisations seeking to acquire such land; and if she will make a statement on the matter. [6519/08]

291. Deputy Denis Naughten asked the Minister for Health and Children her views on providing land to a voluntary organisation (details supplied) in County Galway for the provision of voluntary housing; and if she will make a statement on the matter. [6520/08]

657 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I propose to take Questions Nos. 290 and 291 together. The Deputy’s questions relate to the management and delivery of health and personal social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Hospital Services. 292. Deputy Jan O’Sullivan asked the Minister for Health and Children if she will ensure that payments due to a hospital (details supplied) in County Limerick in respect of facilitating sessional commitments for a consultant nephrologist and a consultant breast surgeon are paid as written confirmation was given that the Health Service Executive accepted responsibility for providing this funding; and if she will make a statement on the matter. [6525/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Care of the Elderly. 293. Deputy Jimmy Deenihan asked the Minister for Health and Children when a decision will be made on the application by persons (details supplied) in County Kerry for a home care package; and if she will make a statement on the matter. [6540/08]

Judicial Proceedings. 294. Deputy Brian O’Shea asked the Minister for Health and Children further to the reply to Parliamentary Question No. 225 of 12 February 2008, when she expects to have the costs of the action referred; and if she will provide it when it is available. [6547/08]

Minister for Health and Children (Deputy Mary Harney): My Department has not yet been furnished with details of the costs in the action referred to by the Deputy.

Health Service Staff. 295. Deputy Michael Ring asked the Minister for Health and Children if a position (details supplied) within the Health Service Executive in County Mayo will be filled temporarily to cover a maternity leave to ensure a continuation of services for those who need physiotherapy. [6548/08]

658 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the number of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of the Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Child Care Services. 296. Deputy Michael Ring asked the Minister for Health and Children if an extension to the deadline for the contractual stage of a project (details supplied) in County Mayo can be extended; and if she will make a statement on the matter. [6549/08]

297. Deputy Michael Ring asked the Minister for Health and Children if he would investigate the possibility of sanctioning additional funding for the building of a larger facility for the provision of the extra childcare places projected for a facility. [6550/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): I propose to take Questions Nos. 296 and 297 together. As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP), which will invest \575 million over 5 years, with \358 million of this in capital grant aid for childcare services. Capital applications approved under the NCIP are subject to certain criteria, one of which is that contracts should be signed within one year from the notification date of approval or face decommittal. I understand that the Group referred to by the Deputy is approaching their contractual deadline of one year. A decision on the status of their approved funding has not been taken at this time. In each case, and having regard to all other relevant factors, account is taken of any particular circumstances which may have applied. The Group will be notified of the position in due course. I understand that in December 2007 the Group in question contacted Pobal, which manages the day to day operation of the NCIP on behalf of my Office, to enquire whether it would be possible to receive additional funding to expand the proposed service. I also understand, that, following discussion with Pobal and the local County Childcare Committee, the Group confirmed that they would be in a position to complete the proposed service expansion within their allocated budget.

Nursing Homes Repayment Scheme. 298. Deputy Eamon Scanlon asked the Minister for Health and Children when a person (detail supplied) will receive a refund under the nursing home scheme. [6553/08]

659 Questions— 19 February 2008. Written Answers

Health Services. 299. Deputy Noel J. Coonan asked the Minister for Health and Children the waiting list for children seeking speech therapy in Tipperary north; if she will compare them with other areas nationally; and if she will make a statement on the matter. [6560/08]

300. Deputy Noel J. Coonan asked the Minister for Health and Children the number of speech therapists appointed to cover the Tipperary north region; the reason for the delay in speech therapy intervention for children; the plans and time frame her Department have to reduce the waiting time; and if she will make a statement on the matter. [6561/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): I propose to take Questions Nos. 299 and 300 together. As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Departmental Properties. 301. Deputy Leo Varadkar asked the Minister for Health and Children the companies in which her Department holds an equity stake; the level of the equity stake; and if she will make a statement on the matter. [6635/08]

Minister for Health and Children (Deputy Mary Harney): There are no companies in which my Department holds an equity stake.

Hospital Services. 302. Deputy Damien English asked the Minister for Health and Children the reason a person (details supplied) in County Meath who was referred from the Beaumont Hospital to St. Luke’s for radiation therapy must wait up to three months to receive an appointment at St. Luke’s for this vital therapy; and if she will make a statement on the matter. [6643/08]

660 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular question raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in relation to the matter raised.

Departmental Reports. 303. Deputy Tom Hayes asked the Minister for Health and Children when she will release the multi-disciplinary Pollack report on cystic fibrosis facilities and treatment requirements; when the recommendations will be made public; and if she will make a statement on the reason it was delayed. [6743/08]

Minister for Health and Children (Deputy Mary Harney): I take it that the Deputy is referring to the report by Dr Ronnie Pollock which was commissioned by the Cystic Fibrosis Associ- ation of Ireland. I understand that the report was published in 2005.

304. Deputy Tom Hayes asked the Minister for Health and Children when she will release the national children’s hospital report, as plans for development cannot move forward until it is issued; if a timeframe has been agreed; and if there is a way that this can be brought forward. [6744/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy may be referring to the High Level Framework Brief for the new national paediatric hospital, prepared on behalf of the HSE by Rawlinson Kelly & Whittlestone Ltd (RKW), an established UK-based health care planning company. The details of the report were announced in October last by the Health Service Executive and the report is available on the HSE website, www.hse.ie. The High Level Framework Brief has been provided to the National Paediatric Hospital Development Board. The Brief will help to inform the work of the Board in planning, designing, building, furnishing and equipping the new hospital.

305. Deputy Tom Hayes asked the Minister for Health and Children when the Health Service Executive will have the Cork University Hospital general review ready for her Department; if the timeframe on that is agreed; and if there is a way it can be brought forward. [6745/08]

325. Deputy Tom Hayes asked the Minister for Health and Children when the Wrixon report will be published. [6824/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 305 and 325 together. The review of acute hospital services in the HSE South which is being chaired by Prof. Gerry Wrixon will identify the appropriate model for acute service provision in Cork and Kerry and will recommend how best to reconfigure acute hospital services in the area to deliver on this model. I am advised by the HSE that the final draft is currently being reviewed by the Project Team. The review has taken slightly longer than anticipated as its scope was broadened to incorporate community based services and to allow wider consultation with key stake holders. The publication of the report is a matter for the HSE.

661 Questions— 19 February 2008. Written Answers

Infectious Diseases. 306. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she has been in contact with the Health Minister in the Six Counties in relation to joint approaches to hospital-based infections such as MRSA and clostridium difficile; and if she will make a statement on the matter. [6748/08]

307. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if her attention has been drawn to the alarm caused at the large number of deaths attributed to clostridium difficile in hospitals in all of the Health Trust areas in the Six Counties; the known incidence of the disease in this jurisdiction; if there are figures for the level of infection by hospital and by Health Service Executive region; if there are figures for the incidence of C-Diff and MRSA in private hospitals; and if she will make a statement on the matter. [6749/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 306 and 307 together. There is ongoing North/South co-operation in relation to many health issues. I met with Minister McGimpsey, Minister for Health, Social Services and Public Safety, Northern Ireland in October and November 2007. The specific issue of MRSA/hospital associated infections was not discussed on those particular occasions. However, since the early part of this decade our National SARI Group has worked jointly with the Anti-Microbial Resistance Action Plan Group in Northern Ireland which is part of their Department of Health, Social Services and Public Safety. The HSE has also collaborated with Northern Ireland and the UK in a recent prevalence study on HCAIs and will continue to work together like this, where feasible, into the future. Health Care Associated Infections (HCAIs) are not new and are a challenge for all healthcare providers in all jurisdictions. For centuries they have been a side effect of medical treatment, especially in hospitals. There are a number of types of HCAI, MRSA and Clostrid- ium difficile are two such types. The more medical care a person requires, the more likely they are to develop a health care associated infection. These infections are, therefore, more common among people with serious illnesses or at high risk such as patients with a weakened immune system, patients who have been treated for leukaemia or cancer, or who have had an organ transplant. In Ireland, the Health Protection Surveillance Centre of the HSE has been collecting data on MRSA for some time now. In 2007, 43 Irish laboratories serving 64 acute hospitals (public and private) participated in their data collection system representing an estimated 98% coverage of the Irish population. At present we do not have the relevant statistics for each individual hospital. However the total number of MRSA cases recorded over the last five years was 445 cases in 2002, 480 cases in 2003, 553 cases in 2004, 592 cases in 2005, 588 cases in 2006 and 432 cases by the end of the 3rd Quarter in 2007. A National Surveillance System has recently been established by the HSE to collect data and provide information on a quarterly basis on four key areas, to monitor HCAIs in our health system: Staphylococcus bacteraemia; Antibiotic consumption; Alcohol gel use; MRSA surveillance in Intensive Care Units. The data for 2006 is currently being finalised and a report will be released by the Health Protection Surveillance Centre in the near future. This report will include rates of MRSA bloodstream infection, listed by individual hospital. Data for 2007 will be available in early 2008 and MRSA bloodstream infection rates for all publicly funded hospitals will be published

662 Questions— 19 February 2008. Written Answers quarterly thereafter. All of this will greatly assist in the monitoring of improvements in infection control. Clostridium difficile is not at present a notifiable disease and, as a result, it is difficult to quantify the extent of infection in the health care system. However, Clostridium difficile infection was examined in the Third Prevalence Survey of Health Care Associated Infections in acute hospitals in 2006. The survey found that thirty-six patients had Clostridium difficile representing 0.5% of patients studied. My Department, in conjunction with the HSE, is actively considering the addition of a small number of diseases including Clostridium Difficile to the list of notifiable diseases. This will be finalised as soon as the EU issues a new list of case definitions. In the meantime I am arranging that Clostridium Difficile be included as an organ- ism which is notifiable under the category acute infectious gastroenteritis. This will in effect make Clostridium Difficile notifiable in the short term. The HSE launched a National Infection Control Action Plan in March 2007. An Infection Control Steering Group, chaired by Dr. Pat Doorley, National Director (Population Health) is responsible for overseeing the implementation of the plan. Over the next three to five years, the HSE aims to reduce HCAIs by 20%, MRSA infections by 30% and antibiotic consumption by 20%. Achievement of these targets will benefit all patients who are at risk. These targets will be achieved through the development of national and local level action plans to reduce the potential for spread of infections between persons in healthcare settings, and, in addition, will focus on reducing antibiotic use in Ireland. The Steering Group is supported by eight Local Implementation Teams which will ensure that all local facilities are focused on achieving the national targets. While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken here to reduce the rates of infection and to treat them promptly when they occur.

Care of the Elderly. 308. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 12, an elderly person recovering from cancer who has tried unsuccessfully to get meals on wheels delivered to them; if she will take steps to ensure that the service is delivered to the person; and if she will make additional resources available to ensure that everyone in need of the service can receive it. [6758/08]

Health Services. 309. Deputy Joanna Tuffy asked the Minister for Health and Children her plans for a new health centre at Ballydowd, Lucan, County Dublin; when it is expected to commence construction; when it is expected to be open; the services that will be provided there and for which catchment area; and if she will make a statement on the matter. [6761/08]

311. Deputy Joanna Tuffy asked the Minister for Health and Children her plans for a new health centre at Adamstown, Lucan, County Dublin; when it is expected to commence construc-

663 Questions— 19 February 2008. Written Answers

[Deputy Joanna Tuffy.] tion; when it is expected to be open; the services that will be provided there and the catchment area of same; and if she will make a statement on the matter. [6763/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 309 and 311 together. The Primary Care Strategy aims to increase health service capacity through the development of services in the community to give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, home helps, physiotherapists, occupational therapists and others. It has been estimated that up to 95% of people’s health and social services needs can be properly met within a primary care setting and the establishment of new Primary Care Teams can contribute greatly to enhancing community based health services. The provision of the appropriate infrastructure to facilitate the delivery of primary care services is being considered by the HSE, having regard to a number of factors. These include the type and configuration of the services involved, the mixed public/private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services generally over the coming years. I understand that the HSE has recently sought expressions of interest from the private sector for the provision of the Primary Care Team infrastructure, with the HSE proposing to enter into fixed term leases with such providers. As the Health Service Executive has the operational and funding responsibility for Primary Care services, it is the appropriate body to consider the particular matters raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have replies issued directly to the Deputy.

310. Deputy Joanna Tuffy asked the Minister for Health and Children her plans for an addiction centre on the St. Loman’s Road, Lucan, County Dublin; when it is expected to commence construction; when it is expected to be open; the services that will be provided at the centre; and if she will make a statement on the matter. [6762/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Question No. 311 answered with Question No. 309.

Medical Cards. 312. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [6791/08]

Minister for Health and Children (Deputy Mary Harney): Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. The assessment of eligibility to medical cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants.

664 Questions— 19 February 2008. Written Answers

In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services. 313. Deputy Tom Hayes asked the Minister for Health and Children when the universal screening programme for cystic fibrosis will be implemented; the form this test will take; if the resources for the tests are available; the estimated cost of the screening programme; and if the staff training for this test has already been undertaken. [6811/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive National Service Plan, 2008 includes a provision for the implementation of a screening programme for cystic fibrosis in newborns by the end of 2008. My Department has requested the Executive to reply directly to the Deputy on the specific issues raised.

Hospital Staff. 314. Deputy Tom Hayes asked the Minister for Health and Children when the already planned consultant specialising in cystic fibrosis will be commencing work in Cork University Hospital, and Limerick Regional Hospital; if the appointments have been advertised; and the location where they have been sanctioned. [6812/08]

Minister for Health and Children (Deputy Mary Harney): There are approximately 1,100 people with cystic fibrosis living in the Republic of Ireland. Approximately 45% are adults and 55% are children. The Minister identified the enhancement of services to persons with cystic fibrosis as a key priority. Development funding of \4.78m was provided in 2006 and a further \2m was provided to the Health Service Executive (HSE) to facilitate the recruitment of additional medical, nursing and allied health professional staff to improve services. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the position regarding the issues raised investigated and to have a detailed reply issued directly to the Deputy.

Hospital Services. 315. Deputy Tom Hayes asked the Minister for Health and Children if funding has been considered for a gym in the Cork University Hospital in order to carry out fitness assessments for out-patients; and if facilities are available for cystic fibrosis patients to take fitness assessments other than using the hospital corridors to run in. [6813/08]

665 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.]

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the position regarding the issues raised investigated and to have a detailed reply issued directly to the Deputy.

Health Services. 316. Deputy Tom Hayes asked the Minister for Health and Children the reporting system and management within the Health Service Executive; the manner in which management is structured; if it is organised by region, area of responsibility or role; the way in which the general practitioner service, the out-patient service, community nursing and hospitals are managed together; if an organisational chart is available; and if so, if one can be provided. [6814/08]

Minister for Health and Children (Deputy Mary Harney): Under the terms of the Health Act 2004, the Board of the Health Service Executive is the governing body of the HSE with authority to perform the statutory functions of the HSE. The members of the Board are appointed by the Minister. In general terms, the Board of the HSE is empowered to appoint the Chief Executive Officer of the HSE, such CEO being recruited under the Public Service Management (Recruitment and Appointments) Act 2004. The Board may delegate such functions of the Executive as the Board sees fit to the CEO. The CEO also becomes a member of the Board on appointment as CEO by virtue of being CEO. The CEO is responsible to the Board of the HSE for the performance of his functions and the implementation of the Boards policies. The CEO is charged with the carrying on, the managing and the controlling of the administration and business of the HSE, and the performance of such other functions as are assigned to him by the Health Act or other statute, or as may be delegated to him by the Board under Section 18 of the 2004 Act. The Act empowers the CEO to delegate his functions to specified employees of the HSE acting under the general direction and control of the CEO, and in compliance with such directions, limitations and guidelines as are specified by the CEO. The Act authorises further sub delegation by those specified employees to other specified employees, under the authorisation of the CEO. In practical terms, the CEO is served by a management team of nine National Directors who each head a specific management function e.g. the National Hospitals Office, Primary Community & Continuing Care, Finance, Human Resources, Corporate Planning, Population Health etc. Each National Director is served in turn by their own management team of Assistant National Directors who each typically function in relation to a particular function or alternatively in relation to a geographical region of service provision, as appropriate. The National Hospitals Office is served by eight regionally based hospital networks. Section 6 of the Health Act, 2004 states that the Health Service Executive is a corporate body. In view of this, the precise manner in which the general practitioners service, the out- patient service, community nursing and hospitals are managed together including the provision of an organisational chart, is a matter for the HSE itself. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to respond directly to the Deputy.

317. Deputy Tom Hayes asked the Minister for Health and Children the percentage the \2 million allocated in November 2006 for cystic fibrosis specific medical staff positions that has

666 Questions— 19 February 2008. Written Answers been spent; the number of additional roles this funding represented; and the number of these additional roles that have been filled. [6815/08]

318. Deputy Tom Hayes asked the Minister for Health and Children the number of the 57 new positions identified and approved for appointment in 2006 for cystic fibrosis that have been appointed, approved, and are in situ to date. [6816/08]

327. Deputy Tom Hayes asked the Minister for Health and Children the percentage of the \4.78 million allocated in November 2005 for cystic fibrosis specific medical staff positions that has been spent; the number of additional roles this funding represents; and the number of these additional roles that have been filled. [6826/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 317, 318 and 327 together. In 2006 and 2007 additional revenue funding of \6.78m was provided to the Health Service Executive (HSE) to develop cystic fibrosis services. The most recent report from the HSE advises that, arising from the \4.78 additional revenue funding for 2006, 44 additional staff dealing with cystic fibrosis have been appointed to date across a number of hospitals, including St Vincent’s, Beaumont, Temple Street, Crumlin, Tallaght, Cork University Hospital, Galway, Limerick and Waterford. The Health Service Executive has advised that the \2m additional revenue funding for 2007 will facilitate the recruitment of 23.5 additional staff dealing with cystic fibrosis services. The necessary funding is available to facilitate the recruitment of a further 37 staff nationally. My Department has asked the HSE to reply directly on the specific operational issues raised in the Deputy’s questions.

319. Deputy Tom Hayes asked the Minister for Health and Children the processes involved in applying for, providing the paperwork for, visiting the doctor for, and finally receiving a flutter device for parents of cystic fibrosis patients; the timeline involved; the estimated expenditure for each application; and if she will make a statement on the matter. [6817/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

320. Deputy Tom Hayes asked the Minister for Health and Children the number of donor coordinators here; if Cystic Fibrosis Ireland’s offer to pay \150,000 for donor coordinators has been considered; and if a decision has been made on the matter. [6818/08]

Minister for Health and Children (Deputy Mary Harney): As operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive (HSE) my Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy on the specific issues raised. The Deputy may wish to note that my Department asked the HSE to undertake a review and analysis of any factors that impact on organ procurement and retrieval rates at individual hospitals. The review involves a national audit of potential organ donors which commenced last September in 35 acute hospitals with Intensive Care Units. The audit will seek to identify

667 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.] any obstacles to donation and any measures which may be required to increase the level of donation and retrieval of organs at individual hospitals.

Medical Cards. 321. Deputy Tom Hayes asked the Minister for Health and Children the reason children with cystic fibrosis can not be allocated a medical card in their own right, even if their families do not apply; and if the costs involved in looking after the medical needs, travel, accommodation, sports facilities, and physiotherapy of the child are factored into the medical card application. [6820/08]

Minister for Health and Children (Deputy Mary Harney): The assessment of eligibility to medical cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70 who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health Act, 1970 medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. This provision also entitles qualifying dependants to avail of a medical card. The HSE may also grant a person full eligibility for a particular service, where the person would be unable, without undue hardship, to provide that service for themselves or their dependants. In assessing an application for a medical card on behalf of a child, the HSE uses guidelines based on the means of the child’s parent(s)/guardian(s), which includes their income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. The assessment process also takes account of other factors, such as medical or social need, which may impact on their ability to meet the cost of GP services. I have no plans to provide for the granting of medical cards to any particular group as a whole. However, my Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards in the context of financial, medical and social need is being undertaken and is expected to be completed by autumn 2008.

Health Services. 322. Deputy Tom Hayes asked the Minister for Health and Children if she will provide a programme to educate parents on cystic fibrosis and the way to manage it, as well as the probability of families having a child with the disease when it occurs in the family history, as there is large scale ignorance about the disease. [6821/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): The Deputy’s question mainly relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Div- ision of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

323. Deputy Tom Hayes asked the Minister for Health and Children the activities of the Irish Transplant Authority; the yearly budget for the past three years; the budget spent each year for the past three years; and the number of staff employed by the authority. [6822/08]

668 Questions— 19 February 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): I take it that the Deputy is referring to the National Organ Procurement Service which is based at Beaumont Hospital. Oper- ational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Departmental Surveys. 324. Deputy Tom Hayes asked the Minister for Health and Children the reason getting permission for ethical permission for surveys and studies takes one year to process; if she will implement a standard ethical permission for surveys and studies; and the reason granting permission for external and independently funded surveys and studies takes so long when it provides information for the Health Service Executive and her Department to use. [6823/08]

Minister for Health and Children (Deputy Mary Harney): Having made enquiries in the matter, it has not been possible to ascertain particular studies or surveys to which the question refers. Should the Deputy provide information on a specific case or cases where a problem has arisen in relation to ethical permission for studies and surveys, I will be pleased to have the matter investigated further.

Question No. 325 answered with Question No. 305.

Hospital Staff. 326. Deputy Tom Hayes asked the Minister for Health and Children when a consultant specialising in cystic fibrosis for children will be recruited for Waterford Regional Hospital. [6825/08]

Minister for Health and Children (Deputy Mary Harney): There are approximately 1,100 people with cystic fibrosis living in the Republic of Ireland. Approximately 45% are adults and 55% are children. The Minister identified the enhancement of services to persons with cystic fibrosis as a key priority. Development funding of \4.78m was provided in 2006 and a further \2m was provided to the Health Service Executive (HSE) to facilitate the recruitment of additional medical, nursing and allied health professional staff to improve services. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the position regarding the issues raised investigated and to have a detailed reply issued directly to the Deputy.

Question No. 327 answered with Question No. 317.

Nursing Home Refund Scheme. 328. Deputy Richard Bruton asked the Minister for Health and Children if she will allow late application for the nursing home refund scheme where the late application was due to reasonable cause; and if she will make a statement on the matter. [6836/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has responsibility for administering the Health Repayment Scheme in conjunction with the appointed scheme administrator KPMG/McCann Fitzgerald. Since the launch of the Health Repayment Scheme in August 2006, the HSE has informed my Department that it has under-

669 Questions— 19 February 2008. Written Answers

[Deputy Mary Harney.] taken extensive national and local media communication campaigns to ensure that potential applicants are made aware of the Scheme. In addition, a series of nationwide road shows was undertaken to create awareness of the Scheme and to provide hands on support to applicants. The HSE also undertook a final publicity campaign in December 2007 which consisted of a national print advertising campaign, a national radio advertising campaign which included advertisements in the Irish Independent, Irish Times, Irish Examiner, Sunday World and Sunday Independent. In addition, a regional media campaign resulted in press releases issued to the local print press and regional radio interviews on 20 stations. In view of the various measures undertaken by the HSE/Scheme Administrator to maximise awareness of the scheme, I have decided not to extend the closing date for receipt of applications.

Child Care Services. 329. Deputy Enda Kenny asked the Minister for Health and Children the reason childcare communities (details supplied) that have been approved provisionally for funding are not eligible to be considered for continuing payment having received interim payments only; if there were intentions of changing this regulation; and if she will make a statement on the matter. [6842/08]

Minister of State at the Department of Health and Children (Deputy Brendan Smith): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme 2006-2010 (NCIP), which will invest \575 million over 5 years. I understand that, in July 2007, the Group referred to was approved under the NCIP interim staffing support scheme for a start up grant of \3,000 in respect of the period September to December 2007. The interim scheme was introduced in 2007 to facilitate services which could not meet the contractual deadline applicable to the staffing support grant scheme under the Equal Opportunities Child- care Programme 2000-2006 (EOCP), and pending the introduction of the NCIP Community Childcare Subvention Scheme (CCSS) in January 2008. With the closure in December 2007 of funding under the EOCP, community-based childcare services with a focus on disadvantage continue to be eligible for support funding under the CCSS, to which \153 million in Exchequer funding has been allocated during 2008-2010. Com- munity childcare services funded under either the EOCP or interim NCIP staffing support schemes were eligible to apply under transitional arrangements introduced for the CCSS and the Group in question has been approved for funding of \4,500 transitional funding in respect of the period January to June 2008. All such transitional funding is calculated on a pro-rata basis on the previous level of staffing support funding for which approval was given. The Childcare Directorate of my Office has recently received an appeal from the Group in regard to the amount of transitional funding for which it has been approved. This appeal has been copied to Pobal, who manage the day to day operation of the NCIP on behalf of my Office, for examination and assessment. Following Pobal’s assessment of the application, which will include any new information provided in their appeal, it will be forwarded to the Childcare Directorate of my Office for final consideration and decision. The Group will be notified of the outcome in due course. Funding for the period post June 2008 will be based on the parent profiles submitted by the Group, on the same basis as other Groups funded under the scheme and details of CCSS were announced in December, 2007.

Mental Health Services. 330. Deputy Finian McGrath asked the Minister for Health and Children if she will examine

670 Questions— 19 February 2008. Written Answers proposals (details supplied) on Familiscope; and if she will develop them as part of the Mental Health Strategy. [6846/08]

Health Services. 331. Deputy David Stanton asked the Minister for Health and Children if stage two of the national review of Health Service Executive funded adult day services was completed in 2007; if a progress report on same has been completed; and if she will make a statement on the matter. [6855/08]

332. Deputy Joanna Tuffy asked the Minister for Health and Children when orthodontic treatment will be provided for a person (details supplied) in Lucan, County Dublin; and if she will make a statement on the matter. [6858/08]

Regulatory Authorities. 333. Deputy Sea´n Sherlock asked the Minister for Health and Children the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if she will make a statement on the matter. [7021/08]

Minister for Health and Children (Deputy Mary Harney): The information requested by the Deputy is currently being collated within my Department and will be forwarded as soon as it becomes available.

Road Traffic Offences. 334. Deputy Michael Creed asked the Minister for Transport the reason a person (details supplied) in County Cork will not have penalty points removed from their driving licence three years to the date after the offence was committed; and if he will make a statement on the matter. [6220/08]

671 Questions— 19 February 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): The penalty points system, including the application of such points on the licence record of an individual, is provided for in the Road Traffic Act, 2002. Penalty points endorsed on a licence record remain on that record for a period of three years from the appropriate date in each instance. That date is specified in section 7 of the Act as 28 days from the date of the notification issued under Section 5.

Commissioners of Irish Lights. 335. Deputy Leo Varadkar asked the Minister for Transport the date of establishment of the Commissioners of Irish Lights; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6594/08]

Minister for Transport (Deputy Noel Dempsey): The establishment of the Commissioners of Irish Lights (CIL) predates the foundation of the State. The lights service dates back to the 18th century. CIL was established in that name by the Dublin Port Act of 1867. CIL has responsibility under the Merchant Shipping Act 1894, an Act of the UK Parliament for the superintendence and management of all lighthouses and other aids to navigation in respect of the State and the adjacent seas and islands. The Merchant Shipping Act 1995 (UK) empowers the Commissioners with the same function for Northern Ireland and the adjacent seas and islands. The entire system of lights around the coasts of Britain and Ireland is administered as a single financial unit known as the General Lighthouse Fund (GLF). The GLF is controlled by the UK Department for Transport (DfT). As a result, the three GLA’s are under the aegis of the DfT. Due to this unique link, the Aids-to-Navigation Section of the Department of Trans- port monitors, but does not control the activities of CIL. The Board of CIL comprises up to 16 Commissioners including the Lord Mayor of Dublin and 3 others nominated by Dublin City Council together with 12 co-opted members; these latter positions are filled by the Board as vacancies occur and 5 Executive members. As Minister for Transport I have no role in the appointment of Commissioners.

Percent for Art Scheme. 336. Deputy Olivia Mitchell asked the Minister for Transport the amount drawn down through his Department for the percent for arts scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5974/08]

337. Deputy Olivia Mitchell asked the Minister for Transport the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5989/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 336 and 337 together. While guidance has been issued to the Local Authorities and State bodies under my Depart- ment’s aegis on the one per cent for arts scheme, my Department does not have comprehensive data on the operation of the scheme by these agencies. My Department will be reminding these various agencies of their obligations under the scheme and will be seeking information on the operation of the scheme to date.

672 Questions— 19 February 2008. Written Answers

Financial Management Systems. 338. Deputy Brian Hayes asked the Minister for Transport the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [6005/08]

Minister for Transport (Deputy Noel Dempsey): My Department has one financial management system (Agresso), supplied by Mentec International Ltd. Technical support contracts for the system are in place with a cost of 83539.56 euros inclusive of VAT per annum.

Airport Development Projects. 339. Deputy Terence Flanagan asked the Minister for Transport if his Department has been requested to fund in any way the proposed development of the new terminal at Dublin Airport; and his response to such a request. [6148/08]

340. Deputy Terence Flanagan asked the Minister for Transport if he will outline the detail of his recent Indecon Public Policy Lecture; if he referred to the need to maximise the pro- ductivity impact of scarce public sector resources; and his views on whether there are public sector resources at stake in the proposed development at Dublin Airport and that value for money guidelines requiring a full cost benefit analysis for projects costing over \30 million be respected. [6149/08]

341. Deputy Terence Flanagan asked the Minister for Transport if he is satisfied that the Dublin Airport Authority has fully exercised its responsibilities to ensure the best use of public resources under DAA management in this case before authorising the use of public funds and allowing construction to proceed. [6150/08]

342. Deputy Terence Flanagan asked the Minister for Transport if, in view of the fact that terminal two and the new runway are components of the new National Development Prog- ramme, the value for money provisions of chapter 12 of the NDP and the EU guidelines have been respected. [6151/08]

343. Deputy Terence Flanagan asked the Minister for Transport if the environmental cost implications of terminal two and the new parallel runway will be fully assessed as promised in the Programme for Government 2007. [6152/08]

344. Deputy Terence Flanagan asked the Minister for Transport if, in view of the commitment in the Programme for Government 2007 to carry out a multi-criteria analysis of all transport projects to take environmental factors into account, this has been done in relation to the proposed terminal two. [6153/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 339 to 344, inclusive, together. The Dublin Airport Authority (DAA) operates under a clear commercial mandate and its capital investment programme is funded from its own internal resources. The question of Exchequer funding for the DAA therefore does not arise. Proposals in relation to the development of Dublin Airport are, in the first instance, a matter for the DAA which has statutory responsibility to manage, operate and develop the airport and to provide such facilities and services as it considers necessary for aircraft and passengers. Accordingly, the issue of cost benefit analysis in relation to proposed expansion projects at

673 Questions— 19 February 2008. Written Answers

[Deputy Noel Dempsey.] Dublin Airport is a matter which falls within the responsibility of the management and board of the DAA. The DAA, of course, is required to comply with Chapter 10 of the NDP to the extent appropriate to a commercial SSB that will fund its capital expenditure programme from its own resources. Also responsibility for compliance with Department of Finance capital appraisal guidelines rests with the Board of the company. During the long and detailed planning processes for Terminal Two and the Second Parallel Runway, the DAA and its advisers engaged in extensive consultation with all stakeholders and complied with all planning and environmental analysis requirements. Finally, I would point that, in line with the Government decision of May 2005 mandating the DAA to build Terminal Two, independent experts have since reported on the specification and cost of Terminal 2. The experts appointed by the Department concluded that the methodology, approach and execution of the planning objectives and considerations for passengers adopted by the DAA accords with best practice. They also found that the estimated cost of the new terminal is within industry norms for this type of project in a European capital city. The verification team report is available on my Department’s website. (www.transport.ie)

Airport Development Projects. 345. Deputy Terence Flanagan asked the Minister for Transport his views on the advantages that would arise from a second airport serving the greater Dublin area, Leinster; and if he will make a statement on the matter. [6154/08]

346. Deputy Terence Flanagan asked the Minister for Transport if he will have the value for money implications of an alternative second airport analysed as part of his appraisal of Dublin Airport’s expansion plans; and if he will make a statement on the matter. [6155/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 345 and 346 together. I am satisfied that Dublin Airport has the capacity to expand to meet our aviation traffic needs for the foreseeable future. Because of the prudent policy of acquiring land banks in the environs of the airport to cater for future growth, the Dublin Airport Authority is now in the happy position of being able to undertake the second terminal and second runway on land it already owns. With traffic of 23 million passengers in 2007, Dublin Airport will remain the country’s main airport serving the needs not just the needs of the travelling public in the surrounding counties but also of the country’s tourism, business and freight sectors generally. The National Spatial Strategy has acknowledged that the expansion of air services from Dublin Airport to a wider range of destinations is essential in the interests of underpinning Ireland’s future international competitiveness. Also, DAA has a commercial mandate to develop Dublin Airport and DAA is also required to comply with the Department of Finance capital appraisal guidelines, as appropriate to a commercial SSB. DAA has also received planning permission for the proposed second terminal and second runway. Accordingly, the question of analysing the merits of an alternative second airport for Dublin does not arise at this juncture.

Tourism Industry. 347. Deputy Dara Calleary asked the Minister for Transport the agency within his Depart-

674 Questions— 19 February 2008. Written Answers ment that has responsibility for marine tourism; and the budget allocated to marine tourism for 2008. [6189/08]

Minister for Transport (Deputy Noel Dempsey): My Department has no official responsibility for marine tourism and, consequently, there is no departmental budget allocated to marine tourism for 2008. There is no agency under the aegis of my Department that has responsibility for marine tourism. Responsibility for tourism development lies with Fa´ilte Ireland.

Light Rail Project. 348. Deputy Charlie O’Connor asked the Minister for Transport the action he has taken to ensure progress on the development of the LUAS line through the Tallaght west estates to City West and Saggart; if his attention has been drawn to the importance of this development; and if he will make a statement on the matter. [6313/08]

Minister for Transport (Deputy Noel Dempsey): Transport 21 provides for an extension of the Luas Red Line (Connolly — Tallaght) to Citywest and Saggart. Significant progress has been made recently in advancing this project. The RPA has finalised arrangements with a consortium of local developers for the delivery of the project. On 20th December 2007 the RPA submitted an application for a Railway Order for the project. Subject to approval of the Railway Order, it is expected that construction will commence towards the end of 2008 and the new spur line is expected to be completed in 2010.

Public Transport. 349. Deputy James Reilly asked the Minister for Transport if he will report on the application by Dublin Bus to use the port tunnel to service the fastest growing town here and possibly Europe, namely Swords, County Dublin and in particular the application for the express Dublin Bus service the 41X to use the port tunnel; and if he will make a statement on the matter. [6314/08]

Minister for Transport (Deputy Noel Dempsey): My Department supports the use of the Port Tunnel by any bus operator, whether it is Dublin Bus, Bus Eireann or a private operator. On the 22nd March, 2007, Dublin Bus notified my Department of its proposal to re-route four of its existing Route 41X services from Swords via the Port Tunnel. At that time, my Depart- ment advised the Company that the proposal was in conflict with a prior application from a private operator for a high frequency bus service from Swords to the City Centre via the Port Tunnel. Therefore, in accordance with legislative procedures, Dublin Bus was advised that a decision on its proposal was being deferred until the prior application was finalised. At present, there are no services authorised to use the Tunnel on the 41X route. Applications from private bus operators and notifications from the State Companies are dealt with on a first come basis and Dublin Bus is aware of these procedures. The prior application was finalised and my Department issued a licence on the 3rd October, 2007 to the private operator concerned. My Department is currently considering the Dublin Bus proposal taking into consideration the introduction of the newly licensed service and the matter has been the subject of ongoing contact with Dublin Bus. An issue such as that which has arisen in relation to the Route 41X only occurs where my Department considers that the proposal conflicts with a prior application. My Department has previously approved Dublin Bus to operate the Route 33X (Skerries- City Centre) and Route 142 (Portmarnock- Malahide- City Centre-Rathmines) service via the

675 Questions— 19 February 2008. Written Answers

[Deputy Noel Dempsey.] Port Tunnel. My Department has no other outstanding proposals from Dublin Bus for services from Swords that would utilise the Port Tunnel.

Rural Transport Services. 350. Deputy Paul Connaughton asked the Minister for Transport if his attention has been drawn to the impediment encountered by wheelchair users, persons who are visually impaired, elderly and people with restricted mobility have with the present public transport system in rural areas where access to public transport for such people is a problem; if his attention has been further been drawn of the extra costs that people with such disabilities have in having to use alternative transport; the proposals he has for persons with limited mobility to gain access to public transport in rural areas; and if he will make a statement on the matter. [6392/08]

Minister for Transport (Deputy Noel Dempsey): Under the Rural Transport Programme (RTP) launched in February 2007, thirty-four community transport groups around the country are being funded to address social exclusion in their rural areas arising from unmet public transport needs. Older people and people with disabilities form the core customer base of the RTP.Pobal, which administers the Programme on behalf of my Department, has commenced a process to extend the RTP on a phased basis with a goal of achieving nation-wide coverage in due course in line with Government policy. Indeed, I recently announced increased funding of \2m for the RTP in 2008 to assist this process. Funding is also available to the Programme from the Department of Social and Family Affairs in respect of the Free Travel Scheme which applies to the RTP. The bottom-up approach developed during the pilot Rural Transport Initiative (2002-2006) demonstrated the effectiveness of the community and voluntary initiative and involvement in the provision of rural transport services. The RTP is building on that concept and the main drivers of community rural transport continue to be the local communities themselves.

Dublin Port Company. 351. Deputy Ro´ isı´n Shortall asked the Minister for Transport the course of action open to a group of pensioners of Dublin Port Company whose pensions are linked by agreement to the salary of a Secretary General of a Government Department but who have been denied the pay award of the Review Body on Higher Remuneration in the Public Sector of June 2005; and if he will make a statement on the matter. [6537/08]

Minister for Transport (Deputy Noel Dempsey): Dublin Port Company is the responsible authority for the administration of pension schemes within the company. Accordingly, payments under such pension schemes are an operational matter for the company. The legislative provisions relating to superannuation schemes in the State owned port companies are contained in Sections 40 and 41 of the Harbours Act, 1996.

Road Network. 352. Deputy David Stanton asked the Minister for Transport his role in designating roads to be national roads; and if he will make a statement on the matter. [6554/08]

Minister for Transport (Deputy Noel Dempsey): Section 10 (1) (a) of the Roads Act, 1993 provides that the Minister may by order classify any existing public road or any proposed public road as a national road.

676 Questions— 19 February 2008. Written Answers

Departmental Records. 353. Deputy Leo Varadkar asked the Minister for Transport further to his reply to Parliamentary Question No. 289 of 12 February 2008, the content and detail of the personal information which was compromised from the theft of a laptop of an officer of his Department; and if he will make a statement on the matter. [6557/08]

Minister for Transport (Deputy Noel Dempsey): The laptop concerned was stolen from an officer in the Marine Survey Office of my Department. It was password protected. Marine Surveyors inspect marine vessels. Confidential or sensitive information is not required for the purposes such inspection. The personal information on the laptop related, therefore, to a number of owners/operators names, addresses and contact details. It is likely that much, if not all, of this information is available in the public domain. A system was put in place in October 2007 whereby information of this nature is now encrypted on all Departmental laptops and mechanisms are in place to remotely immobilise and wipe any information on any portable data devices lost, missing or stolen from my Department.

Equity Stake. 354. Deputy Leo Varadkar asked the Minister for Transport the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6639/08]

Minister for Transport (Deputy Noel Dempsey): The Minister for Finance is the primary shareholder of the three State Airports. Department of Transport officials hold two shares and the Minister for Transport holds one share in each of the airports. The Minister for Transport holds a 20% stake in Aviareto, the company that was awarded the contract to operate the International Registry under the Capetown Convention. The authority for the Minister to acquire shares in the company was given under Section 10 of the International Interests in Mobile Equipment (Capetown Convention) Act, 2005. The Irish Aviation Authority is a Commercial State Body established under the Irish Aviation Authority Act 1993. In accordance with Section 20(1) of the Act, the Minister was issued with one share of one pound (Euro 1.27) in the share capital of the company. This shareholding remains constant to date. The Minister for Transport is the primary shareholder in the ten State port companies established under the Harbours Act 1996-2000 as follows: • Port of Cork Company • Drogheda Port Company • Dublin Port Company • Dun Laoghaire Harbour Company • Shannon Foynes Port Company • Galway Harbour Company • New Ross Port Company • Port of Waterford Company • Dundalk Port Company • Wicklow Port Company

677 Questions— 19 February 2008. Written Answers

[Deputy Noel Dempsey.]

The Minister’s level of equity in each company is effectively 100%, with the Minister for Fin- ance holding a nominal share in each.

Regulatory Authorities. 355. Deputy Sea´n Sherlock asked the Minister for Transport the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7025/08]

Minister for Transport (Deputy Noel Dempsey): Under the aegis of the Department of Transport, the primary function of the following bodies is regulation:

• Commission for Aviation Regulation

• Commission for Taxi Regulation

• Railway Safety Commission

The Commission for Aviation Regulation and the Commission for Taxi Regulation are self- financing, are funded through regulatory charges and do not receive any funding from the State. Data associated with the operating costs of these bodies are available from the respective Annual Reports. The Annual Reports for 2007 are not yet available. The operating budget for the Railway Safety Commission was \1.786m in 2006 and \2.09m in 2007.

Manchester Martyrs. 356. Deputy Martin Ferris asked the Minister for Foreign Affairs if there are any moves to have the remains of Larkin, Allen and O’Brien, The Manchester Martyrs, brought back to Ireland for re-interment; and if he will make a statement on their progress. [6222/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): Excellent and painstaking research by a number of independent groups and individuals continues in an effort to identify the precise location of the remains of Michael Larkin, William O’Brien and William Allen, known collectively as the Manchester Martyrs. Following their hanging on 23 November 1867, the remains of the three men were buried in Strangeways prison. To facilitate construction works in Stran- geways in 1991, the remains of some sixty prisoners were exhumed and cremated, including those of the three men. The ashes were reburied in caskets at Blackley Cemetery. Researches to date have not expressly identified any of those remains as those of the three men. The British authorities have advised that there are no surviving records of prisoners buried in any of the Manchester gaols prior to 1880. Despite these difficulties, the independent groups and individuals continue their efforts to achieve a positive identification of the remains of the three, either individually or as a group. However, pending such positive identification, the question of repatriation to, and re-interment in, Ireland does not arise. Officials in my Department have met with interested groups and, together with our Embassy in London, continue to monitor developments. The Deputy may also be interested to know that the Irish Government, through the Dı´on Fund, provided £5,483 last year to the Department of Humanities at the University of Central Lancashire to conduct an educational and research project on the history of the Manchester Martyrs.

678 Questions— 19 February 2008. Written Answers

Percent for Art Scheme. 357. Deputy Olivia Mitchell asked the Minister for Foreign Affairs the amount drawn down through his Department for the percent for arts scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5969/08]

358. Deputy Olivia Mitchell asked the Minister for Foreign Affairs the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5984/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): I propose to take Questions Nos. 357 and 358 together. Please find below information relating to the capital construction projects funded by my Department and, related to those projects, the amount spent on artworks for each year since 2002 to date in 2008. The artworks in question are primarily for our 75 Missions abroad.

Year Capital Construction Projects Artwork Purchased \

2002 50 projects 11,905 2003 47 projects 9,180 2004 30 projects 58,000 2005 43 projects 46,500 2006 60 projects 150,000 2007 56 projects 158,034 2008 (to date) 13 projects 31,000

In implementing the “Per Cent for Art” scheme, which is based on an amount of up to 1% of capital cost, my Department generally calculates the percentage which it spends on artwork on the basis of the total annual cost of all capital construction projects, rather than as a percentage of each individual project. On the other hand, a current example of a capital construction project where we are implementing the “Per Cent for Art” scheme on an individual project basis is the recently opened Irish Aid Volunteering and Information Centre on O’Connell St. There, the provision of artwork is currently being considered with a projected budget of \22,000, reflecting 1% of the capital expenditure. My Department works closely with the National Gallery of Ireland, the Irish Museum of Modern Art and the Office of Public Works in this area, who provide and maintain artwork for use in Missions abroad and at Headquarters.

Financial Management Systems. 359. Deputy Brian Hayes asked the Minister for Foreign Affairs the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [6000/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): My Department has two financial management systems in operation, one for Vote 28 (Foreign Affairs) and one for Vote 29 (International Cooperation). There are two systems in place as the financial management of the two is kept separate, to take account of different requirements and, in particular, the specific needs of the aid programme. Both systems are versions of SUN software. They are provided by Core Financial Systems Ltd., under a contract awarded in January 2006, on the 679 Questions— 19 February 2008. Written Answers

[Deputy Dermot Ahern.] basis of a competitive public tender process. The total cost of maintaining the software in 2007 was \235,697.

Conflict Resolution. 360. Deputy Sea´n Ardagh asked the Minister for Foreign Affairs the way, regarding the development of a conflict resolution unit announced in June 2007, existing Irish mediators will be involved in the new conflict resolution unit; and if he will make a statement on the matter. [6404/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): It is my firm view that if Ireland is to play a more active role in international conflict prevention and resolution, it will be necessary to mobilise the conflict resolution expertise that already exists in the country. Placing our experts within international agencies or in conflict related programmes and projects will allow Ireland to extend its reach on conflict resolution and contribute further to international efforts to resolve conflicts. Drawing on the very positive experience of the Irish Aid Rapid Response Corps, which has seen Irish expertise successfully deployed to the benefit of those suffering in humanitarian crises, I intend establishing a database of experts in conflict-related activities who are willing to be placed temporarily, under the aegis of the Government, with international agencies or in conflict related programmes and projects. I would expect that those involved will be drawn from a wide field of activities including peacekeeping, development, academic research and analysis. In setting up the database, my Department will of course consult with Irish people and organisations with expertise in this area. We will benefit from their experience, and the experience of setting up the Rapid Response Corps, in putting the process in place. Officials from my Department will also liaise with the international agencies with whom experts might be placed in order to determine international best practices in this regard.

Passport Applications. 361. Deputy Pat Rabbitte asked the Minister for Foreign Affairs the number of passports that were routed through members of Da´il E´ ireann in 2007; and if he will make a statement on the matter. [6526/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): Passport applications forwarded by members of the Oireachtas (Daíl and Seanad) are processed by a section of the passport office. This section also processes applications forwarded by, for instance, the Health Services Execu- tive for children in their care. In 2007, and following further checking of our records, a total of 6,326 applications were identified as having been processed through this section. Applications through Oireachtas Members (Daíl and Seanad) were recorded manually over the years. However, in order to be able to better facilitate future queries on this issue, a system has now been put in place to record electronically details of applications by Members of the Oireachtas (Daíl and Seanad) or their offices.

Equity Stake. 362. Deputy Leo Varadkar asked the Minister for Foreign Affairs the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6634/08]

680 Questions— 19 February 2008. Written Answers

Minister for Foreign Affairs (Deputy Dermot Ahern): My Department does not hold an equity stake in any companies.

Offaly Regeneration Company. 363. Deputy Leo Varadkar asked the Minister for Foreign Affairs the date of establishment of Offaly Regeneration Company Limited; the purpose and role of this body; the level of equity held in this company by himself; the number of board members of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; and if he will make a statement on the matter. [6734/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): The Offaly Regeneration Company Ltd was established in May 2000. The purpose of the company is to promote and advance economic and social development generally in the Midland region, and, in particular, in County Offaly, including through close co-operation with partner bodies in the US, Canada and Northern Ireland. It is a registered company, with no share capital and limited by the guarantee of its founding shareholders. I understand that the board of the company, which is normally composed of 10 members, currently has a vacancy. As appointments to the board of directors are made by an AGM of the company, the vacancy on the board is expected to be filled at the next AGM. I do not hold any equity in the company, nor do I appoint any members of the Board. Atlantic Corridor is a registered business name of the Offaly Regeneration Company Ltd. As I indicated in my written reply to Parliamentary Question number 231 on 13 February, the Government has provided funding to Atlantic Corridor, Ireland, via the Offaly Regeneration Company Ltd., which is the implementing agency for Atlantic Corridor, Ireland. Atlantic Corri- dor Ireland, through its implementing agency, has been involved in promoting the development of the region in terms of business and education through North-South co-operation and international linkages.

Regulatory Authorities. 364. Deputy Sea´n Sherlock asked the Minister for Foreign Affairs the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7020/08]

Minister for Foreign Affairs (Deputy Dermot Ahern): There are no regulators or regulatory authorities operating under the aegis or responsibility of my Department.

Departmental Bodies. 365. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment the date of establishment of the Advisory Irish Council for Technology, Science and Innovation; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6599/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Advisory Science Council was established by Government in April 2005 under Forfa´s legislation as a successor body to the Irish Council for Science, Technology and Innovation. The Council operates within the context of the arrangements put in place by Government in June 2004 for the co-ordination and governance of science, technology and innovation matters, which include the Cabinet Committee on Science, Technology and Innovation (STI), the Inter-Departmental

681 Questions— 19 February 2008. Written Answers

[Deputy Michea´l Martin.] Committee for STI and the Office of the Chief Scientific Adviser. The role of the Council is (i) to act as the primary interface between stakeholders and policymakers in the STI arena, contributing to the development and delivery of a coherent and effective national strategy on STI; and (ii) to provide advice to Government on medium and longer-term policy for STI and related matters. The Terms of Reference of the Council state that it will be comprised of not more than 12 members, including an independent Chair, of which not less than 4 will be from the academic sector and not less than 4 from the enterprise/professional sector, plus a representative from Forfa´s. All Council members are appointed under Forfa´s legislation, following consultation with the Minister for Enterprise, Trade and Employment. The appointments may be for a fixed term. The Government has set a goal for Ireland to become a leader in research and development and innovation and has committed a budget of \8.2 billion under the NDP 2007-2013 and the Strategy for Science, Technology and Innovation (SSTI) 2006-2013 towards achieving this goal. The Advisory Science Council is one of the bodies who are actively working with my Depart- ment to ensure that the objectives of the SSTI are realised.

FA´ S Training Programmes. 366. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment the number of board members of Screen Training Ireland; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if he will make a statement on the matter. [6682/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I understand from FAS that there are twelve members on the Film and Television Advisory Group that advises FAS on Screen Training Ireland which is part of the Services to Business Division within FAS. FAS appoints the chairperson and members of the Advisory Group. The Film and Television Advisory Group advises and assists the FAS Board on the training and development requirements of the independent film and television sector and on planning to cater for them.

Industrial Development. 367. Deputy Joanna Tuffy asked the Minister for Enterprise, Trade and Employment the amount of land owned by the Industrial Development Authority and Enterprise Ireland in west Cork; and if he will make a statement on the matter. [5945/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The management of IDA Ireland’s industrial property portfolio is a day-to-day operational matter for the Agency, as part of the statutory responsibility assigned to it by the Oireachtas and it is not a matter in which I have a function. Accordingly, your query in relation to IDA land in West Cork has been forwarded to the Secretary of IDA Ireland for his consideration.

Percent for Art Scheme. 368. Deputy Olivia Mitchell asked the Minister for Enterprise, Trade and Employment the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5966/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Per Cent for Art Scheme under which all Government Departments and their Agencies are required to

682 Questions— 19 February 2008. Written Answers spend up to 1% of their budget for capital projects on art, subject to certain maximum limits, is administered by the Department of Arts, Sport and Tourism and the Office of Public Works (OPW). Construction projects including restoration projects and refurbishment projects undertaken by the Department are normally completed on behalf of the Department by the OPW. The only artwork supplied to my Department by the OPW in recent years under the Per Cent for Art Scheme is a piece of glass work which is located in the reception area of the Department’s Kildare Street building. That artwork was supplied by the OPW in 2005 following major refurbishment works carried out by the OPW for the Department. My Department has no information concerning the expenditure incurred by the OPW on that artwork. My Department has not directly drawn down any funding for expenditure on art works under the Per Cent for Art Scheme in the period 2002 to date.

Departmental Funding. 369. Deputy Olivia Mitchell asked the Minister for Enterprise, Trade and Employment the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5981/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): My Department does not directly fund capital projects. Capital funding allocated to my Department’s Vote is expended through various agencies under the remit of my Department, including IDA Ireland, Enterprise Ireland, Science Found- ation Ireland, FAS, Shannon Development, InterTradeIreland, the National Standards Auth- ority of Ireland and the 35 City and County Enterprise Boards. The funding is use by the agencies to operate programmes which provide a range of grants, supports and financial facilities to clients. Capital funding also covers the maintenance and development of the agencies’ buildings and upgrading of equipment. The operation of programmes funded through capital expenditure in my Department’s Vote is a day-to-day matter for the agencies concerned. Details of the programmes, which involve many hundreds of clients, are available in the agencies’ Annual Reports and on their websites.

Financial Management Systems. 370. Deputy Brian Hayes asked the Minister for Enterprise, Trade and Employment the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5997/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): There are two financial management systems in my Department. The principal financial management system is Oracle Financials e-Business Suite. This system is used to track expenditure and receipts for the Department and its Offices and is used to produce the Department’s Appropriation Account. The previous financial management system (FMS) is maintained only for the purpose of providing historical data.

The Oracle Financials system This Oracle product was originally implemented for my Department by Fujitsu Services who also currently provides support for this system. In 2007 Oracle license costs were \98,326.79

683 Questions— 19 February 2008. Written Answers

[Deputy Michea´l Martin.] and maintenance costs were \113,672.03. The maintenance costs include the provision of technical and functional expertise, customisations, training and skills transfer and the provision of a help desk.

FMS The original provider of our FMS (Financial Management System) was Progressive Systems Enterprise. Our current support provider is Version1. Since the implementation of Oracle Financials e-Business Suite this system is no longer used to manage our financial systems and is maintained only for the purpose of accessing historical financial information. In 2007 the license costs were \12,352.89 and maintenance costs were \2,978.42.

Job Losses. 371. Deputy Martin Ferris asked the Minister for Enterprise, Trade and Employment if the Industrial Development Authority supported companies in Kerry which have ceased to operate or have laid off workers in the past ten years, have reimbursed the authority, and if he will provide a table listing the companies and the sums involved. [6161/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I have been informed by IDA Ireland that of the 12 IDA supported companies in County Kerry that have ceased to operate or have laid off workers in the past 10 years, 6 had an outstanding grant liability to repay. Of that number, 5 companies have repaid a total of \3,213,954 to the Agency. In the case of one company the Agency is in the process of grant revocation in the amount of \240,000. The tabular statement sets out the details of the companies involved and of the amounts of money refunded. Table showing the amount of grant repayments made to IDA by client companies in County Kerry which have ceased to operate or have laid off workers in the past 10 years.

Company Name Town Year of Refunded Year of Comment Closure Refund

Transferred Tralee 2006 400,000 2007 Company Name Confidential Killorglin N.A 272,961 2006 Transferred to EI Transmould Limited Killarney 2005 207,859 2005 Rosenbluth International Killarney 2004 765,652 2004 Sport Socks Co (Ireland) Ltd Caherciveen 2004 1,567,482 2004 Jet Environmental Killorglin 2005 240,000* Revocation in Progress

Total 3,213,954 Note 1: Not included in total figure.

Departmental Agencies. 372. Deputy Martin Ferris asked the Minister for Enterprise, Trade and Employment if the Industrial Development Authority supported companies which have ceased to operate or which have laid off substantial numbers of their employees are liable to reimburse the authority for any investment funds received; and if so, the sums that have been reimbursed over the past ten years. [6162/08] 684 Questions— 19 February 2008. Written Answers

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Where IDA supported companies close or lay off substantial numbers of employees during the period of the grant agreement they are liable to reimburse the Agency for funds received except for Training Grants. In the 10 year period 1998 to 2007 grant repayments amounting to \207,616,000 were made to the Agency. The amounts repaid in each of those years is set out in the tabular statement. Table showing the amount of grants repaid to IDA Ireland in respect of each of the Years 1998 to 2007.

Grant Recovered 1998-2007

Year \’000

1998 30,592 1999 15,409 2000 15,213 2001 21,419 2002 41,806 2003 24,569 2004 21,910 2005 11,350 2006 10,776 2007 14,572

Total 207,616

National Minimum Wage. 373. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if employers who have been found to have failed to pay the minimum wage to their employees can be fined; the maximum fine that can be levied; and if he will make a statement on the matter. [6198/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The National Minimum Wage Act, 2000 provides that a person found guilty of an offence under the Act shall be liable on summary conviction to a fine not exceeding \1,904.61 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both.A person convicted on indictment shall be liable to a fine not exceeding \12,697.38 or, at the discretion of the court, to imprisonment for a term not exceeding 3 years, or both. In circumstances where the offence of which the person was convicted is continued after conviction, the person shall be guilty of a further offence on every day on which the act or omission constituting the offence continues, and for each such further offences, the person shall be liable on summary conviction to a fine not exceeding \253.95 or on conviction on indictment to a fine not exceeding \1,269.74.

374. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment the number of employers that have been found to have failed to pay the minimum wage to their employees; the number of employees who have been affected; the number of prosecutions taken; and if he will make a statement on the matter. [6199/08] 685 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): In 2007 the National Employment Rights Authority carried out 1,942 inspections/visits in relation to the National Minimum Wage Act, 2000. The majority of the inspections/visits undertaken were part of a focused employment rights compliance inspection campaign in sectors covered by the National Minimum Wage. In 192 cases, breaches were detected for offences such as failure to pay the appropriate rate/ training rate under the Act, failure to keep records to show compliance with the Act, failure to keep records for 3 years as required by the Act. No prosecutions have been initiated to date in respect of these breaches. Arrears of \124,475 have been recovered to date. Details are not available in relation to number of employees covered by these arrears. The primary role of the National Employment Rights Authority in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. It should be noted that in the majority of cases employers rectify breaches of employment law and pay any arrears due to employees without prosecution. However, the National Employ- ment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation. Targeted campaigns, accompanied by awareness and promotional activities, will be a significant feature of National Employment Rights Authority’s future employment rights compliance and information strategy. The Deputy should be aware that Rights Commissioners of the Labour Relations Com- mission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

Semi-State Bodies. 375. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if consideration has been given to the privatisation of Nı´trigin E´ ireann Teoranta; and if he will make a statement on the matter. [6200/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Since 1987, on the formation of Irish Fertilizer Industries Limited (IFI), a joint venture with ICI, Nitrigin Eireann Teoranta (NET) has acted as a holding company. More recently, NET’s primary role following the liquidation of IFI in 2002 has been to monitor the progress of that liquidation in the context of NET’s claims on the liquidation. As mentioned in my recent response to the Deputy, (PQ No. 5332 refers), following the pay- out of the last substantial dividend to unsecured creditors during 2007 by the liquidator of IFI, it became clear that there would be no funds remaining in the liquidation to meet any liabilities to NET. NET and ICI had previously agreed that any liabilities to them should be subordinated in favour of other unsecured creditors. As overall unsecured creditors of IFI received 47.5% of their claims, there was no longer any meaningful role for NET. As a consequence of this, measures were taken on 20 December 2007 to wind up NET as a members voluntary liquidation i.e. a solvent liquidation. The liquidator is currently carrying out the liquidation process. Given the absence of any business activity, privatisation of NET was not relevant.

376. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if consideration has been given to the privatisation of Arramara Teoranta; and if he will make a statement on the matter. [6201/08]

686 Questions— 19 February 2008. Written Answers

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Arramara Teor- anta is a client company of Udaras na Gaeltachta and as such I have no responsibility in this matter.

Trade Union Recognition. 377. Deputy Arthur Morgan asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to of the situation where a company (details supplied) is refusing to recognise union representatives for its workers from south of the border, while willingly dealing with union representatives for workers north of the border; and his views on whether this kind of double standard is a form of discrimination against Irish workers. [6239/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): It has been established in a number of legal cases that the constitutional guarantee of freedom of association does not guarantee workers the right to have their union recognised for the purpose of collective bargaining. The system of industrial relations in Ireland is essentially voluntary in nature. In line with this voluntarist approach, a High Level Group comprising representatives from IBEC, ICTU, and various Government Departments and agencies and chaired by the Department of the Taoiseach was established under Partnership 2000 to consider proposals submitted by ICTU on the recognition of unions and the right to bargain. This Group recommended that two distinct procedures be put in place for the resolution of disputes where negotiation arrangements are not in place and collective bargaining does not exist — a voluntary procedure and a legislative fall back procedure. These recommendations were implemented through the Industrial Relations Act 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (Statutory Instrument No. 145 of 2000) and the Industrial Relations (Amendment) Act 2001. These measures were improved by the introduction of the Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004), the Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004) and the Industrial Relations (Miscellaneous Provisions) Act 2004. The Industrial Relations (Miscellaneous Provisions) Act 2004 and S.I. No. 139 of 2004 contain specific protections for employees against victimisation as regards trade union membership or activity in situations where it is not the practice of the employer to engage in collective bargaining negotiations, the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute and a trade union or an excepted body has taken steps to invoke the procedures under S.I. No. 76 of 2004. More generally, matters relating to discrimination come within the remit of my colleague Mr Brian Lenihan, TD, Minister for Justice, Equality and Law Reform, although I understand that the Employment Equality Acts 1998 to 2007 do not address the issue of discrimination in relation to trade union membership.

Job Creation. 378. Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment if he will provide assurances that every action possible will be taken to attract new jobs to Tallaght, Dublin 24; if his attention has been drawn to the fact that Tallaght is the third largest populated centre here with a very young population; and if he will make a statement on the matter. [6310/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): While I may give general policy directives to the agencies under the Industrial Development Acts, the Enterprise

687 Questions— 19 February 2008. Written Answers

[Deputy Michea´l Martin.] Development Agencies under the aegis of my Department have put in place a range of strategies, programmes and financial incentives to promote economic and enterprise development that will support sustainable employment throughout the country. In terms of job creation, Enterprise Ireland activity is aggressively focussed on the creation of new jobs through supporting entrepreneurs in manufacturing and internationally traded services companies who are setting up new High Potential Start-Up Companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and third level institutions. Enterprise Ireland provides a range of supports for high potential start up companies including, financial supports, business and marketing advice, mentoring and product development. Enterprise Ireland also supports the provision of incubation space for new start ups. The Forfa´s Employment Survey 2006 shows that there are 347 Enterprise Ireland assisted companies located in South County Dublin providing over 11,000 full time jobs and over 1,000 part time jobs. South County Dublin is fortunate to have world class business parks such as Citywest and Grange Castle, all located adjacent to the main centres of population. Major developments are taking place in all these locations and prospects for future quality employment in Tallaght are very good. The role of the South Dublin County Enterprise Board (CEB) is to provide support for small businesses with 10 employees or fewer in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level throughout South Dublin, which is inclusive of the Tallaght area. Subject to certain eligibility criteria new and developing enterprises may qualify for financial and non-financial support. In 2007 full-time employment in South Dublin CEB client businesses located in the Dublin 24 region grew by 23 jobs. 128 people from businesses based in the Dublin 24 area took part in over 30 different management and capability development courses provided either directly or indirectly by South Dublin CEB. 11 clients based in Dublin 24 also took part in the Board’s mentoring programme at a cost to the CEB of over \23,000. IDA Ireland continues to work with state agencies and other stakeholders to market Tallaght and all of South County Dublin for new Foreign Direct Investment (FDI) as well as encouraging existing FDI to expand. Grange Castle business park continues to attract high level FDI and the announcement in November that Microsoft Corporation has selected Grange Castle as the location for its new European data centre is a further indicator of Ireland’s standing internationally as a global knowledge based economy. Microsoft plans to invest $500m in the construction of the data centre and will employ up to 75 people. It is testament to IDA and South County Dublin’s commitment to growing next generation businesses in the area. I am aware that Tallaght has a very young population. People have very good supports in the schools of Tallaght and an excellent Institute of Technology. Tallaght is also supported by good infrastructure which attracts investment by foreign companies.I am confident that the strategies and policies being pursued by the development agencies under the remit of my Department will continue to bear fruit in terms of employment development for the Tallaght area.

Industrial Development. 379. Deputy Ciara´n Lynch asked the Minister for Enterprise, Trade and Employment the funds made available by the Government and his Department to fund land banks, or receipts returned to his Department, and the policy issues that arise due to the changes, additions or

688 Questions— 19 February 2008. Written Answers reductions to the land banks available to State agencies charged with industrial and employment growth, in the major cities and by regions for the past five years; the date for such changes; and if he will make a statement on the matter. [6317/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The management of the State’s land banks for industrial development purposes are vested in IDA Ireland, who provide property solutions to its client companies and those of Enterprise Ireland, and in Shannon Development, who perform a similar role in the Shannon region. IDA Ireland is developing a regional network of strategic sites to attract sector specific investment as well as providing bespoke property solutions, at commercial rates, in its business parks and sites throughout the country. This property programme is mostly funded from the Agency’s own resources that are generated from property sales and lettings. In the past five years (2003 to 2007) a total of \44.9m has been provided to IDA Ireland by way of Exchequer funding, through a Subhead in the Department of Enterprise, Trade and Employment Vote. This represents a relatively small proportion of the total cost of the programme over these years. The agency holds a number of vacant properties for marketing purposes at any one time and there are costs associated with building and site maintenance. Shannon Development is a limited company and operates its land bank without state aid. The amount of land held by the agencies may vary from time to time depending on the prevailing economic circumstances. The availability of tailored property solutions for existing or prospective clients is one important marketing tool for the Agencies. The trend over recent years has been to consolidate holdings and to divest of properties deemed no longer suitable for promotion. In this connection an Expenditure Review of IDA Ireland’s Property Prog- ramme, which was led by the Department of Enterprise, Trade and Employment, and concluded in 2004, noted that the property programme was being managed efficiently and effectively by the Agency. Furthermore, the Review noted with approval the largely self- financing nature of the property function and recommended that it be continued as a central part of financial planning within the Agency. In addition, the Review approved of the Agency’s policy of disposing of property solutions no longer needed while, at the same time, recognizing the Agency’s need to have a set amount of property available for marketing at any one time. The management of the property programme is a day-to-day operational matter for the Agencies and not one in which I have a function. Accordingly, your query has been forwarded to the Secretary of IDA Ireland and the Secretary of Shannon Development for their attention.

Decentralisation Programme. 380. Deputy Olwyn Enright asked the Minister for Enterprise, Trade and Employment if FA´ S is looking at other properties in Birr; and if he will make a statement on the matter. [6565/08]

381. Deputy Olwyn Enright asked the Minister for Enterprise, Trade and Employment the date of completion for the property acquisition for the site of decentralisation of FA´ S to Birr; if it has been fully finalised; and if he will make a statement on the matter. [6566/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I propose to take Questions Nos. 380 and 381 together. The sale was closed and FA´ S took possession of the site for its proposed new office on 4th October 2007. Various options for the construction of the proposed office are currently under consideration by FA´ S which has direct responsibility for this matter.

689 Questions— 19 February 2008. Written Answers

Equity Stake. 382. Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6631/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Shannon Development, one of the State Agencies under the remit of my Department, is also a company, wholly owned by the State. The Company’s share capital as at 31st December 2007 was \183,521,371.59. Shares are valued at \1.27 and distribution is as follows:

• Minister for Finance — 144,505,015 shares

• Minister for Enterprise, Trade and Employment — 1 share

• Minister for Arts, Sport and Tourism — 1 share

I also hold one share in Nitrigin Eireann Teoranta (NET). The major shareholder is the Mini- ster for Finance, with a shareholding of almost 100 million shares. On 20th December 2007 measures were taken to wind up NET as a members’ voluntary liquidation and there was no equity value in NET at the time of liquidation.

Industrial Development. 383. Deputy Damien English asked the Minister for Enterprise, Trade and Employment the lands in the ownership of the Industrial Development Authority in County Meath; their acreage of same; the percentage of that which remains undeveloped; and if he will make a statement on the matter. [6647/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The management of IDA Ireland’s industrial property portfolio is a day-to-day operational matter for the Agency, as part of the statutory responsibility assigned to it by the Oireachtas and it is not a matter in which I have a function. Accordingly, your query in relation to IDA properties in County Meath has been forwarded to the Secretary of IDA Ireland for his consideration.

Job Creation. 384. Deputy Enda Kenny asked the Minister for Enterprise, Trade and Employment the number of jobs created by the Industrial Development Authority within the Border midland western region for each of the past five years; if this equates to 50% of the jobs created by the IDA in each of and over that period; and if he will make a statement on the matter. [6652/08]

385. Deputy Enda Kenny asked the Minister for Enterprise, Trade and Employment if it is still the policy of the Government and the Industrial Development Authority to create 50% of all jobs created by the IDA within the Border midland western region; the proposals for 2008 in this regard; the method by which the IDA intend to fulfil the 50% target and the sectors in which this will be achieved; and if he will make a statement on the matter. [6653/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): I propose to take Questions Nos. 384 and 385 together. IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. The marketing of individual areas for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. In the period 2003 to 2007 a total of 9,584 new jobs were created in the BMW Region. The tabular statement (Table 1) shows the number of jobs created in each of the years in question.

690 Questions— 19 February 2008. Written Answers

For the period 2000 to 2006 IDA Ireland set a high-level performance target for the Objective 1 (BMW) Area, which committed the Agency to work to deliver a target of 50% of all new Greenfield jobs to be located in the Objective 1 Area. Despite difficult global trading conditions, substantial progress was achieved against this target and in that period 36% of all new Greenfield jobs were located in the area. This represents a rolling average calculated over the seven-year period and these are shown for each year in Table 2. In recent years, Ireland has undergone a transformation from a low wage/low cost economy towards a high value and knowledge-based one. Arising from this transformation, the nature of foreign direct investment (FDI) has changed and Ireland is now competing for premium mobile investments against the most advanced countries in the world. A key aspect of the high value, knowledge intensive FDI, for which Ireland now competes, is that it increasingly favours locations in or near centres of urban scale, where it has access to the concentrations of infrastructure, skills and services it needs. Accordingly, IDA Ireland has aligned its strategy with the National Spatial Strategy (NSS). In line with the NSS, IDA is focused on delivering investments to the Gateway and Hub locations nationally, and specifically those in the BMW region. This strategy involves matching investor requirements with the competencies, infrastructure and critical mass of the Gateway and Hub locations to secure the maximum number of investment for Ireland. The key sectors of focus for IDA are Life Sciences, Information and Communications Technologies and high value Services activities. In this connection, it must be remembered that, under the revised EU Regional Aid Guidelines, the BMW and South East Regions are the only areas where Regional aid is available up to 2013. Ultimately it is the investor who decided where to locate. In recent years IDA, because of Government policy, has supported the development of the BMW Region by substantially increasing the size and remit of its regional offices in the area. Today, over 80 staff are based in its regional offices in Athlone and Sligo.Delivering regionally based innovative, world class property solutions is a priority for the Agency. A successful example of this approach has been the delivery of an advance planning permission for a Biopharmaceutical facility in Oranmore, Co Galway. This is a truly unique marketing resource and the first of its kind in Ireland. I am satisfied that the policies being pursued by the Government, and Agency, together with the roll out of the National Development Plan, will continue to bear fruit in terms job creation and investment for the Region.

Table 1 showing the number of new jobs in the Objective 1 (BMW) Area in each of the years 2003 to 2007

YEAR 2003 2004 2005 2006 2007

Number of New Jobs 2,120 1,890 2,600 1,528 1,446

Table 2 showing Percentage of New Greenfield Jobs Created by IDA* (2000-2006)

2000 2001 2002 2003 2004 2005 2006

%%%%%%%

BMW 45 43 44 46 41 39 36 South & East 55 57 56 54 59 61 64 *Figures provided on a cumulative basis for each period.

386. Deputy Enda Kenny asked the Minister for Enterprise, Trade and Employment the number of Industrial Development Authority jobs created in County Mayo for each of the past 691 Questions— 19 February 2008. Written Answers

[Deputy Enda Kenny.] five years; the accumulated total as a percentage of IDA jobs created in that five year period; the investment involved; the number of jobs by sector created; and if he will make a statement on the matter. [6654/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment (FDI) to Ireland and its regions. The marketing of individual areas for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. At present there are 19 IDA supported companies in Mayo employing almost 3,000 people in permanent jobs and approximately 500 more in temporary and contract employment. I am satisfied that the actions of the development agencies together with the continued roll out of the NDP will continue to bear fruit in terms of economic development for the people of the Mayo. In the past 5 years a total of 493 new jobs were created in IDA supported companies in County Mayo, which represents 1% of all new jobs created in IDA supported companies in the country in the same period. The attached tabular statement sets out the number of new jobs created, by sector, in each of the years in question. Statistics in relation to investment in job creation are not maintained on a county — by -county basis. IDA recognises the need to provide high value employment opportunities in the key towns in Mayo that provide sustainable long-term jobs. In line with the National Spatial Strategy (NSS) the linked hub of Castlebar/Ballina and the town of Westport are priority locations for IDA and are being actively promoted for new FDI. IDA is committed to the development of Mayo and is working continuously with the existing client base to deepen the global strategic importance of the Irish operations within their parent corporations. In addition, the Agency is investing significantly in the provision of planned and focussed property solutions in the county by developing world class Business and Technology Parks in Ballina, Westport, and Castlebar. This is an essential marketing tool in the process of attracting potential new investors to the county.

Table showing the number of new jobs, by sector, created in County Mayo in each of the years 2003 to 2007

NACE Sector 2003 2004 2005 2006 2007

Food products beverages and tobacco 4 0 14 14 6 Textiles and textile products 00000 Clothing, footwear and leather 00000 Pulp paper and paper products; publishing and printing 80000 Chemicals chemical products and man-made fibres 22 23 15 0 86 Rubber and plastic products 50070 Other non-metallic mineral products 00000 Basic and fabricated metal products 01523 Machinery and equipment n.e.c. 00002 Electrical and optical equipment 49 34 48 4 3 Transport equipment 02200 Other manufacturing n.e.c. 00000 International Services 21 85 4 10 14 Financial Services 00000

ALL SECTORS 109 145 88 37 114

692 Questions— 19 February 2008. Written Answers

Work Permits. 387. Deputy Michael Creed asked the Minister for Enterprise, Trade and Employment if he will confirm receipt of an application for a work permit for a person (details supplied) in County Cork; and if he will approve this application. [6840/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Employment Permits Section of my Department informs me that this application was refused and the employer was notified of this decision in writing by letter dated 8th February 2008 and of their right to appeal within 21 days. To-date no such appeal has been received in the Employment Permits Section.

Regulatory Authorities. 388. Deputy Sea´n Sherlock asked the Minister for Enterprise, Trade and Employment the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7018/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): Under the Mini- sters and Secretaries Act 1924, my Department prepares and administers legislation in areas such as commerce, employment rights, occupational safety health and welfare, competition and consumer rights, chemicals and intellectual property. Naturally, in that regard, we exercise many regulatory functions. The information requested by the Deputy, insofar as it relates to Offices and Agencies which come within my Department’s remit, and which have significant regulatory powers is as follows:

Name of “regulator” Total Operating Total Operating Budget in 2006 Budget in 2007 (\ million) (\ million)

Labour Court \3.464 \3,895 Irish National Accreditation Board (INAB) \1.304 \1.578 National Standards Authority of Ireland (NSAI) [Regulatory \21.889 (provisional \23.661 (provisional functions are one of several functions of the NSAI] outturn — subject outturn — subject to audit) to audit) Irish Auditing and Accounting Supervisory Authority \2.298 \2.353 The Competition Authority \5.830 \6.100 Office of the Director of Consumer Affairs \4.289 \4.379 Interim National Consumer Agency / National Consumer Agency \3.000 \4.018 (established on 1st May 2007 under the Consumer Protection Act 2007) Office of the Director of Corporate Enforcement \4.713 \4.823 Companies Registration Office \9.308 \10.097 Registrar of Friendly Societies Provision contained Provision contained in Departmental in Departmental figures figures Irish Takeover Panel \1.096 — year ended \1.265m — year June 2006 ended June 2007

Ministerial Appointments. 389. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the number of board members of national coaching and training centre; the number of whom are appointed 693 Questions— 19 February 2008. Written Answers

[Deputy Leo Varadkar.] by himself; the person by whom the remaining board members are appointed; and if he will make a statement on the matter. [6675/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): There are eight members of the Board of the National Coaching and Training Centre. The Board is appointed by the Irish Sports Council.

Percent for Art Scheme. 390. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5961/08]

391. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the Percent for Art grant was drawn down; and if he will make a statement on the matter. [5976/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I propose to take Questions Nos. 390 and 391 together. My Department provides capital grants for the development of arts and culture infrastructure around the country. One of the conditions of this funding is compliance with the Per Cent for Art Scheme. It is a condition of all capital arts funding that prior to the final grant payment being made project promoters must provide evidence of compliance with the terms of the scheme, subject to the limits set out in the guidelines. Approximately \477,000 has been spent on art commissioned under the scheme by 44 completed projects that have been grant aided under my Department’s Arts Capital Scheme.

Financial Management Systems. 392. Deputy Brian Hayes asked the Minister for Arts, Sport and Tourism the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5992/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): The Financial Management System used in my Department is Oracle E-Business Suite — Oracle Financial Applications, and is maintained and run by the Financial Shared Services of the Department of Justice, Equality and Law Reform, Killarney, Co. Kerry under the terms and conditions of a Service Level Agreement. The subscription fee for the software in 2008 will be \9,900 and this will be payable to the Department of Justice, Equality and Law Reform.

Ministerial Responsibilities. 393. Deputy Aengus O´ Snodaigh asked the Minister for Arts, Sport and Tourism the number of League of Ireland games he has attended in his capacity as Minister; and if he will make a statement on the matter. [6036/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): While I have a keen interest in Eircom League football and in particular, the role it plays in encouraging participation in sport at local level, I did not have the opportunity to attend an Eircom Ireland match in the

694 Questions— 19 February 2008. Written Answers relatively short period between my appointment as Minister and the end of the season in November 2007. I hope to be in a position to attend some matches during the new season starting in early March.

Sports Capital Programme. 394. Deputy Charlie O’Connor asked the Minister for Arts, Sport and Tourism if he will report on his dealings with South Dublin County Council in respect of a stadium (details supplied) in Dublin 24; if he will provide assurances that every action is being taken to ensure the progress of the building programme; and if he will make a statement on the matter. [6308/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): I have been assured by South Dublin County Council that the Contractor is ready to resume the works on the stadium within weeks and it is hoped that the first phase can be completed before the end of this year at an estimated cost of \9m. Phase One will see the completion of the stand on one side of the pitch with a seating capacity of 3,000, the playing surface, changing rooms and showers and other amenities. Officials from South Dublin County Council have met with officials from my Department to discuss the funding of the project. My Department has already allocated grants of \2.44m under the Sports Capital Programme to the development over the period 2000 to 2002. I have recently announced a new round of the Sports Capital Programme and I understand that South Dublin County Council will be making an application for funding for the project under the Programme. The normal terms and conditions of the Sports Capital Prog- ramme will apply to any successful application.

Disadvantaged Status. 395. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if the Budget 2008 document was correct when it stated under the Arts, Sport and Tourism Group section C.7 that \1.5 million was to be allocated to support sport in disadvantaged areas; the reason in response to Parliamentary Question No. 109 of 12 February 2008, he informed the House that this money was to provide opportunities for persons with a disability to participate in sport and physical activity; and if he will make a statement on the matter. [6538/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): In the Budget 2008, my Department was allocated \1.5 million from the Dormant Accounts Funding under Subhead C7 of my Department’s Vote. This funding was part of \42.75 million allocated in the 2008 Budget from the Dormant Accounts Fund across a range of Votes. As I stated in my response to Parliamentary Question No 109 of 12th February 2008, my colleague the Minister for Community, Rural and Gaeltacht Affairs has overall responsibility for dormant accounts spending. The funding through my Department is an element of a larger set of economic and social disadvantage funding measures including funding for persons with a disability. The 2008 special funding of \1.5 million through my Department is to provide opportunities for persons with a disability to participate in sport and physical activity by way of the appointment of Sports Inclusion Development Officers in Local Sports Partnerships. Last year, special funding was allocated from the dormant account funds through my Depart- ment for projects to increase participation in sports and recreation in disadvantaged areas.

695 Questions— 19 February 2008. Written Answers

[Deputy Se´amus Brennan.]

My Department also provides significant funding for sports in disadvantaged areas through the Irish Sports Council and the Sports Capital and Local Authority Swimming Pool Prog- rammes in addition to these special measures under the dormant accounts funds.

Equity Stake. 396. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6626/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): My Department does not currently hold equity stakes in any companies.

Sports Capital Programme. 397. Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will support a club (details supplied) in Dublin 5. [6844/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis. The 2008 programme was advertised on 13th and 14th of January and the deadline for receipt of applications is 29th February for paper-based applications and 7th March for online applications. Application forms are available from my Department or directly from the Depart- ment’s website at www.dast.gov.ie. All applications received before the deadline will evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. The Deputy may be interested to know that the club in question have been allocated \370,000 under the programme in 2005 and 2006.

Regulatory Authorities. 398. Deputy Sea´n Sherlock asked the Minister for Arts, Sport and Tourism the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7013/08]

Minister for Arts, Sport and Tourism (Deputy Seámus Brennan): Faílte Ireland, the National Tourism Development Authority was established under the National Tourism Development Authority Act, 2003. One of its functions is the regulation of standards in the Tourism industry. Details of the operating budget for Faílte Ireland are contained in its annual reports, copies of which are placed in the Daíl Library, and in my Department’s Annual Estimates.

Social Welfare Benefits. 399. Deputy Paul Kehoe asked the Minister for Social and Family Affairs the number of people in receipt of rent supplement who the community welfare officers have deducted overpayment money from their allowances, in view of the fact that they have not made the payment

696 Questions— 19 February 2008. Written Answers to their landlords having received payment from the CWO; and if he will make a statement on the matter. [6203/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of my department by the Community Welfare Service of the Health Service Executive (HSE). Where the HSE becomes aware that a person receiving rent supplement is not using that supplement to meet housing costs, the supplement may be stopped and an overpayment may be raised. Any overpayment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant. It is a matter for a Community Welfare Officer (CWO) of the HSE to determine if an overpayment should be raised and recovered, taking into account all of the circumstances of each particular case. Where an overpayment is deemed to be recoverable, a CWO will make appropriate arrangements with the tenant for recovery of the overpayment. Available statistics do not specifically identify the number of people who have had deductions made from payments, where rent supplement was found not to have been paid over to a landlord. However, enquiries with the community welfare service suggest that the scale of this particular type of overpayment is not significant.

Flood Relief. 400. Deputy Edward O’Keeffe asked the Minister for Social and Family Affairs if compensation will be made available to those affected by the recent floods in Fermoy town and Mallow town; if his attention has been drawn to the hardship they endured during the flooding and the severe personal damage they suffered; and if he will make a statement on the matter. [6240/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The supplementary welfare allowance (SWA) scheme, which is administered by the Community Welfare Division of the Health Service Executive (HSE), is designed to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes. Under the legislation governing the scheme, the HSE may make a single payment to meet an exceptional need to people on social welfare or health board payments. This is a once-off payment to meet an unforeseen or special need that cannot be met from a person’s basic income. Assistance in the form of an Urgent Needs Payment (UNP) can be also made to persons who would not normally be entitled to SWA, to assist, for example in cases of flood damage with immediate needs, such as food, clothing, fuel, household goods and perhaps shelter. Assist- ance can be provided to people affected, in cash or in kind. Over the past few months, flooding has been experienced in a number of areas of the country. My Department’s role in supporting the response to the recent flooding primarily involves supporting the community welfare service in the provision of ENP and UNP funding in the short term and other supports where applicable to cater for the long-term effects of the flooding. Any support given relates to damage to a person’s home or loss of essential items. It does not extend to business or commercial losses. Local community welfare officers are available to provide assistance on an individual basis where that is warranted. If any person is experiencing hardship as a result of the recent flooding, they should contact their local Community Welfare Officer in the first instance.

697 Questions— 19 February 2008. Written Answers

Live Register. 401. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Bandon, County Cork including the number of those who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [5944/08]

406. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Skibbereen, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6028/08]

407. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Kinsale, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6029/08]

408. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Dunmanway, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6030/08]

409. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Clonakilty, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6031/08]

410. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Castletownbere, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6032/08]

411. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the number of people on the live register in Bantry, County Cork including the number of people who are long term unemployed for the years 2004 to date in 2008; and if he will make a statement on the matter. [6033/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I propose to take Questions Nos. 401 and 406 to 411, inclusive, together. The data requested is collated by my Department at local office level and is given in tabular form below in respect of Bandon, Skibbereen, Kinsale, Clonakilty, Castletownbere and Bantry for the years 2004 to 2007 as recorded for the last Friday in each of these years and for the last Friday in January 2008.

2004 2005 2006 2007 Jan-08

Bandon Total on LR 538 520 500 631 660 Long Term Unemployed 200 209 212 226 227 Skibbereen Total on LR 395 403 411 394 412 Long Term Unemployed 99 98 103 98 102

698 Questions— 19 February 2008. Written Answers

2004 2005 2006 2007 Jan-08

Kinsale Total on LR 629 640 601 639 659 Long Term Unemployed 302 299 309 272 275

Dunmanway Total on LR 216 226 242 0 0 Long Term Unemployed 49 42 58 0 0

Clonakilty Total on LR 472 465 451 497 515 Long Term Unemployed 177 200 200 202 211

Castletownbere Total on LR 191 140 134 134 161 Long Term Unemployed 64 18 37 44 43 Bantry Total on LR 350 322 347 358 396 Long Term Unemployed 89 48 109 98 109

Data in respect of Dunmanway is not collated separately at present as the office is temporarily closed. The figures for that area are included in Bandon and Macroom figures with small numbers of claims in other offices. The live register is published monthly by the Central Statistics Office. The live register figures and a range of related statistical data can be accessed via the Central Statistics Office website (www.cso.ie).

Social Welfare Benefits. 402. Deputy Brendan Howlin asked the Minister for Social and Family Affairs if, in relation to rent supplements payable under the supplementary welfare allowance scheme, if his attention has been drawn to the rent ceiling on which supplement is based are entirely unrealistic in the current rental market and that this gives rise to a situation in which persons on very low incomes are obliged to make private arrangements with landlords for payment of higher rents in order to secure accommodation; if he will review the rent limits under the rent supplement scheme to take account of realistic rent levels; and if he will make a statement on the matter. [5957/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Rent supplement is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme. Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household. There are currently over 60,000 rent supplements in payment. Some 46,000 have been awarded since the current rent limits were set in January 2007. This suggests that the limits are set at reasonable levels at present. Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn 699 Questions— 19 February 2008. Written Answers

[Deputy Martin Cullen.] would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes, including people in low wage employment. Notwith- standing these limits, under existing arrangements the HSE may, in certain circumstances, exceed the rent limits. This discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness In January 2007 a review was completed of the maximum levels of rent which a person may incur and still be eligible to receive rent supplement. The purpose of the review was to inform the process of setting new limits, applicable from January 2007 until 30 June 2008. The review included consultation with the HSE, the Department of Environment, Heritage and Local Government, Central Statistics Office, the Private Residential Tenancies Board and voluntary agencies working in this area. This process ensures that the new rent limits reflect realistic market conditions throughout the country. Arising from the review, rent limits were adjusted upwards, from January 2007, for a number of household types in 14 counties. I intend to have rent limits reviewed this year with a view to implementing any revision found to be necessary, from 1 July 2008. A consultative approach will be used to conduct this review.

Questions Nos. 403 and 404 withdrawn.

Financial Management Systems. 405. Deputy Brian Hayes asked the Minister for Social and Family Affairs the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [6003/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Oracle Financials is the financial management system which produces the Departments two statutory accounts annually. These two accounts — the Appropriation Account and the Social Insurance Fund account — showed an annual outturn of \7.3 billion and \7.7 billion respectively for 2006, the last year for which full information is available. This financial system is used widely across the public and private sectors and supports the normal range of accounting functions such as General Ledger, Accounts Payable, Purchasing, Inventory and Fixed Assets. The system was initially acquired in 1998 at a cost of \480,000. The implementation was done by CFM following a competitive tendering process. A separate query and reporting tool known as Business Objects was also implemented in tandem with Oracle Financials to provide management reporting facilities. The most recent annual software licence and support fee for Oracle Financials application and database software was \60,000. The Oracle Financials system is monitored on an ongoing basis and has been upgraded regularly to keep up with emerging business needs. The most recent upgrade in 2006 was implemented at a cost \235,000. The Department has a number of large-scale payment systems through which sixty two million payment transactions are generated annually. While these systems would include some financial accounting features, the payment and receipts data related to these payment systems is fed into Oracle’s general ledger where all Departmental expenditure is brought to account and it is from the general ledger that the Department’s annual accounts are produced.

Questions Nos. 406 to 411, inclusive, answered with Question No. 401.

700 Questions— 19 February 2008. Written Answers

Social Welfare Appeals. 412. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard for a person (details supplied) in County Mayo. [6101/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of my Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 413. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the amount paid out in rent supplement by the Health Service Executive to recipients in Cork for the years 2005 to date in 2008; and if he will make a statement on the matter. [6112/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The following table shows expenditure on rent supplement to recipients living in Cork from 2005 to 2007.

Expenditure on Rent Supplement from 2005 to 2007 in Cork

Year \m

2005 34.18 2006 36.69 2007 39.47 2008 * * Expenditure in HSE South is 5.88m (provisional) in January 2008. County breakdown not currently available

Pension Provisions. 414. Deputy Noel O’Flynn asked the Minister for Social and Family Affairs if he will allow more flexibility in pension payments relative to the electronic payment method; if an agent will be allowed to sign; and if the validation period will be maintained at 12 weeks rather than 20 days. [6120/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The current range of payment options offered by my Department to customers’ includes payment at a local post office or to a bank or building society account; or certain credit unions that have been authorised by the banking and credit union regulators. Customers opt for a particular payment method having regard to their own personal circumstances. Currently some 50% of customers receive their payment electronically direct to their Post Office, bank or financial institution. The remaining customers are paid by paper based payment instruments — cheques, post drafts or personal payment order books. The Department is implementing a three-year strategy to change paper based payment instruments to electronic payments at post offices and financial institutions. The programme is being implemented on a phased basis to coincide with book renewal production schedules and as personalised payable order books expire.

701 Questions— 19 February 2008. Written Answers

[Deputy Martin Cullen.]

Concerns have been raised about the position of customers who use “agents” to collect their payments. The Department is aware of these concerns and have put in place arrangements to continue using book payments in these cases. Customers who collect their payment at a post office will present their Social Services Card and sign for their payment in the normal way. Payments can be collected up to 60 days after the due date in the case of pensioners and up to 100 days for child benefit recipients. Certain other customers have 20 days to collect their payment which is considered to be the optimum time for collection of a weekly means based payment. Payments that go out of date are returned to the Department, which will be arranged for replacement payment made as appropriate.

Grant Payments. 415. Deputy Michael Ring asked the Minister for Social and Family Affairs when a bereavement grant application by a person (details supplied) in County Mayo will be approved and granted in respect of their late mother. [6181/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): A cheque for \850.00 in respect of the Bereavement Grant, was issued to the individual’s home address on 8th February 2008 in respect of his late mother’s death.

Social Welfare Benefits. 416. Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an application for supplementary rent allowance by a person (details supplied) in County Laois; and if he will make a statement on the matter. [6183/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Health Service Executive has advised that a rent supplement of \117 per week has been awarded to the person concerned with effect from 10 December 2007. The Executive has also advised that all payments due will issue to the person concerned shortly.

Departmental Bodies. 417. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the members of the implementation activation group for the implementation of the Proposals for Supporting Lone Parents; and if he will make a statement on the matter. [6396/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Government discussion paper, Proposals for Supporting Lone Parents, put forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the National Employment Action Plan to focus on lone parents; focused provision of childcare; improved information services for lone parents and the introduction of a new social assistance payment for low income families with young children. Any proposed new payment can only be introduced when the necessary co-ordinated supports and services are put in place on the ground by other Departments and Agencies. A sub- group of the Senior Officials Group on Social Inclusion is currently working on an implementation plan to progress the non-income recommendations. Work on the development of this implementation plan is progressing. Issues including access to childcare support, education, training and activation measures continue to be discussed with the relevant Departments and Agencies. The sub-group is comprised of representatives from the Departments of An

702 Questions— 19 February 2008. Written Answers

Taoiseach, Education and Science, Enterprise, Trade and Employment, Finance, Social and Family Affairs, the Office of the Minister for Children and FAS. At the same time, an Implementation Working Group has been established in this Depart- ment to progress the issues involved in ending the one-parent family payment and introducing a new income support payment for lone parents and other parents on low income. This group is chaired by the Secretary General of the Department and is comprised of representatives, at Principal Officer level, from the relevant policy and operational divisions.

Social Welfare Benefits. 418. Deputy P. J. Sheehan asked the Minister for Social and Family Affairs the criteria agreed with An Post for the provision of electronic payment card machines in small rural post offices for the payment of social welfare payments; and if he will make a statement on the matter. [6401/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): It is government policy to facilitate the greater use of electronic payment systems in the economy in the interests of developing a world-class payments environment in Ireland. In this context, the National Pay- ments Implementation Program Advisory Group, under the aegis of the Department of An Taoiseach, monitors the growth in electronic payments, the reduction in cash transactions and any new payment mechanisms which come on the market. My Department is represented on this Group. The current range of payment options offered by my Department to customers’ includes payment at a local post office or to a bank or building society account; or certain credit unions that have been authorised by the banking and credit union regulators. Customers opt for a particular payment method having regard to their own personal circumstances. Currently some 50% of customers receive their payment electronically direct to their Post Office, bank or financial institution. The remaining customers are paid by paper based payment instruments — cheques, post drafts or personal payment order books. The Department is implementing a three-year strategy to change paper based payment instruments to electronic payments at post offices and financial institutions. The programme is being implemented on a phased basis to coincide with book renewal production schedules and as personalised payable order books expire. The replacement of books with swipe cards will have no impact on customers paid at post offices. Customers will simply present their Social Services Card and sign for their payment in the normal way. An Post and the Irish Postmaster’s Union (IPU) are committed to assisting customers in the use of cards for collecting their payment. The post office network, and the facilities available at any individual post office, is a matter for An Post.

419. Deputy Aengus O´ Snodaigh asked the Minister for Social and Family Affairs if his attention has been drawn to the problems social welfare recipients are having receiving their payment through the post in the Donnycarney/Fairview area since 7 February 2008; and the steps that will be taken to ensure prompt delivery of social welfare payments in the future. [6524/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Social Welfare cheques are collected from a central area in my Department at agreed times daily by An Post for delivery to the Dublin Mail Centre for sorting and ongoing delivery to our customers. These cheques

703 Questions— 19 February 2008. Written Answers

[Deputy Martin Cullen.] are given priority treatment. No complaints of delays of receipt of payments have been received in my Department in respect of the areas mentioned. The post office network, and the operations of postal services, is a matter for An Post.

Building Regulations. 420. Deputy Michael Ring asked the Minister for Social and Family Affairs if his Department has carried out an audit (details supplied); and if he will make a statement on the matter. [6531/08]

421. Deputy Michael Ring asked the Minister for Social and Family Affairs if the sectoral plan (details supplied) includes offices in County Mayo; and if so, if the audits have been carried out and by whom. [6532/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I propose to take Questions Nos. 420 and 421 together. Section 25 of the Disability Act, 2005 requires that all public buildings be fully accessible by 2015 and that they at least meet the minimum standard as set out in Part M of the Building Regulations, 1997 — 2006. The Department’s Sectoral Plan (as required by section 31 of the Act) sets out an Action Plan in this regard. This Plan provides for a programme of formal access audits all of our buildings including in Co. Mayo. Since 2006, fifteen such audits have been undertaken but none as yet in the Mayo area. Audits of the ten offices in County Mayo will be carried out in due course. My Department is reliant on the Office of Public Works (OPW) to commission these audits and to undertake any works of a substantive nature which are recommended in the subsequent reports. The OPW also manage the allocation of funds for this work. My Department is working closely with the Office of Public Works with a view to meeting the targets set down in the Sectoral Plan. I would like to add that most of my Department’s Offices meet a basic standard of physical accessibility. In addition, my Department is continually upgrading its facilities and where offices are found to be totally unsuitable for their purpose there is a replacement programme in place. In relation to those offices which are currently inaccessible, alternative arrangements are made, where necessary, to accommodate individual accessibility requirements.

Departmental Staff. 422. Deputy Michael Ring asked the Minister for Social and Family Affairs if there is a person in a position (details supplied) in County Mayo; and if he will make a statement on the matter. [6533/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Under the Disability Act 2005, the Department is required to have Access Officers in place to support the provision of assistance and guidance for people with disabilities in accessing our services. In compliance with this requirement, the Secretary General appointed Access Officers to cover the Depart- ment’s various offices across the Country. An Access Officer is in place in the Western Region which covers County Mayo.

Disability Sectoral Plan. 423. Deputy Michael Ring asked the Minister for Social and Family Affairs if he will provide this Deputy with a copy of a sectorial plan (details supplied). [6534/08]

704 Questions— 19 February 2008. Written Answers

Minister for Social and Family Affairs (Deputy Martin Cullen): As required under the Dis- ability Act 2005, the Department of Social and Family Affairs prepared and published its Disability Sectoral Plan in December 2006. A copy of this Plan has been sent to the Deputy.

Equity Stake. 424. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6637/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): My Department does not hold an equity stake in any company.

Mortgage Interest Supplements. 425. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the number of people in receipt of a local authority mortgage interest supplement in 2005 and 2006; the number in receipt of private mortgage interest supplements in 2005 and 2006; and the expenditure on these schemes in 2005 and 2006. [6852/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The table shows the number of recipients and expenditure on mortgage interest supplement in 2005 and 2006.

Recipients and Expenditure — Private Mortgage Interest Supplement and Local Authority Mortgage Interest Supplement in 2005 and 2006

Private Mortgage Interest Supplement Local Authority Mortgage Interest Supplement

Year Recipients \000 Recipients \000

2005 2,741 5,834 479 505 2006 3,023 7,377 401 496

Translation Services. 426. Deputy David Stanton asked the Minister for Social and Family Affairs the languages for which his Department or persons contracted by his Department provides translation services; the average amount of time it takes for a translation to be completed; the average amount of time by which the processing of claims were delayed in 2007 as a result of translations being required; and if he will make a statement on the matter. [6857/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Translation services are provided for all languages and the majority of requests relate to supporting documentation for use in claims processing. The Department of Foreign Affairs provides a translation service for a number of EU languages. Requests for all other languages are sent to translation companies. In 2007 over 1,100 documents required translation into a number of different languages excluding Irish. Response times can vary depending on the number of requests on hand at that time and the language required. The average time for translations completed in 2007 was approximately six weeks. The impact of translation time can vary but in the main does not lead to undue delay in processing claims. My Department makes every effort to source the translation of documents as quickly as possible in order to avoid any delays. 705 Questions— 19 February 2008. Written Answers

Regulatory Authorities. 427. Deputy Sea´n Sherlock asked the Minister for Social and Family Affairs the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7023/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): The Pensions Board is the only regulatory body operating under the aegis of the Department of Social and Family Affairs. The statutory role of the Board is to monitor and supervise the operation of the Pensions Act 1990. This involves the regulation of occupational pension schemes and Personal Retirement Savings Accounts and the provision of advice to the Minister for Social and Family Affairs on pension matters generally. The operations of the Pensions Board are largely financed by annual fees payable to it by occupational pension schemes and by providers of Personal Retirement Savings Accounts. Expenditure by the Board in 2006 and 2007 was \6.60 million and \6.59 million (provisional) respectively.

Social Welfare Benefits. 428. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the mechanism available to a person (details supplied) in County Kildare to obtain a panic alarm through the social welfare individual or community grant system; if such grants are available to senior citizens by any mechanism within his Department; if so the mechanism a person must use to obtain such a grant; and if he will make a statement on the matter. [5958/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): Socially monitored personal alarm systems are available as part of my Depart- ment’s ‘Scheme of Community Support for Older People’. The Scheme is open to people aged 65 and over who have a genuine need for assistance and is administered by local community and voluntary organisations throughout the country with support provided by my Department. The funding available under the Scheme (maximum amounts) is as follows:

• \300 in respect of the once-off cost of installing a socially-monitored alarm system;

• \200 in respect of physical security equipment;

• \200 in respect of security lighting;

• \50 in respect of smoke alarms;

• \150 in respect of interior emergency lighting for qualifying older people on our offshore islands.

Applications under the Scheme are accepted throughout the year and can be made through a local community or voluntary group. Information on relevant groups in Co. Kildare is available from my Department at the following telephone numbers 071 9186761/62/63. Alternatively, a list of Groups approved under the Scheme in recent years is available on my Department’s website: www.pobail.ie.

Percent for Art Scheme. 429. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs the amount drawn down through his Department for the percent for arts scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5963/08]

706 Questions— 19 February 2008. Written Answers

430. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5978/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 429 and 430 together In the time available, it has not been possible to compile the information sought by the Deputy. I am arranging for the information to be complied and forwarded to the Deputy as soon as possible.

Financial Management Systems. 431. Deputy Brian Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5994/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The main financial management system in my Department is the JD Edwards system. Three other tailored financial management systems in my Department (dedicated to Gaeltacht/island grants; payroll; and travel/subsidence payments, respectively) are interfaced with the JD Edwards system for the purposes of both payments and reporting, so as to provide an integrated accounting package. Details of the providers and the annual maintenance costs (excluding ad hoc in-house maintenance performed as part of normal day-to-day duties, as required) are shown in the table below.

Financial Management System System Provider Annual Maintenance Contract Cost \

JD Edwards System Dynamics 81,246 Quest Quest Computing Ltd 35,251 Core Pay + Core ESS Core Computers 34,688

Grant Payments. 432. Deputy Edward O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the names of organisations qualifying for recent grant assistance under a scheme (details supplied). [6106/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): Details of organisations which received funding under the Scheme of Community Support for Older People from 2003 to date are available on my Department’s website at www.pobail.ie. Details of funding prior to 2003 are available in the Da´il Library.

Community Development. 433. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals to meet the concerns of a project (details supplied) in County Waterford in regard to the withdrawal of support from framework; and if he will make a statement on the matter. [6416/08] 707 Questions— 19 February 2008. Written Answers

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): The Community Development Programme provides financial assistance to some 180 Projects nationally. These projects operate local resource centres or provide services aimed at addressing the problems faced by communities caused by poverty and disadvantage. Funded Projects meet the needs of women and children, those with disabilities, the homeless, lone parent families, the elderly, the unemployed, young people at risk, Travellers and other disadvantaged groups. As part of the current programme support, the Department publicly tendered for the provision of support services to Projects in 2004. Six companies, including Framework, were chosen following a public tender process to provide services on a regional basis for the period June 2004 to end May 2007. These contracts were extended, initially, to the end of 2007, and then, to the end of May 2008, in order to complete a consultation process with Projects on the future of the Programme. The Department is considering the results of this consultation process and developments under other Government programmes targeting disadvantaged people. Some improvements identified by Projects have already been implemented, including allowing Pro- jects to have a greater say on procuring support and training appropriate to their own needs. As part of the development of a new Programme, arrangements for the provision of future support services for Projects are under consideration. My Department recognises the value of support services and is considering the best way to enable Projects, at this stage of their development, to access support services that best meet their needs.

Equity Stake. 434. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6628/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I can confirm to the Deputy that my Department does not currently hold an equity stake in any company.

Departmental Funding. 435. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs the assistance his Department can give an organisation (details supplied) in County Waterford in regard to funding; and if he will make a statement on the matter. [6753/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): As the Deputy will be aware, my Department does not operate a specific scheme or programme to support playground committees, however, my Department does operate a number of programmes and schemes and some funding may be available for an element of the project that the Deputy refers to. It should be noted however that each of the schemes and programmes operated by my Department are governed by rules and regulations, which projects must meet in order to qualify for funding. Details of all the programmes and schemes operated by my Department, including eligibility criteria can be accessed on the Department’s website at www.pobail.ie

Regulatory Authorities. 436. Deputy Sea´n Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7015/08]

708 Questions— 19 February 2008. Written Answers

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): An Coimisi- ne´ir Teanga is the only organisation within the ambit of my Department coming within the scope of the Deputy’s question. It is responsible for monitoring the implementation of the Official Languages Act and investigating complaints from members of the public in this regard. An Coı´misine´ir is independent in the performance of his functions. Its operating budget, for the years 2006 & 2007, was as follows:

Year Budget

\000

2006 731 2007 842

Safety Works. 437. Deputy Eamon Scanlon asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the completion of a lease to ensure important safety works are carried out in an area (details supplied) in County Donegal; and if she will make a statement on the matter. [6186/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): This matter is under extensive communications with Donegal County Council. The current position is that the Department is working with the Chief State Solicitor’s Office concerning the preparation of a lease. Every effort is being made to expedite the matter.

Departmental Bodies. 438. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if she will provide with regard to Sean Fisheries Protection Authority, the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6590/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The Sea Fisheries and Maritime Jurisdiction Act 2006, provided for the establishment of the Sea-Fisheries Protection Authority (SFPA). This independent authority was established on January 1st 2007. The principal functions of the Authority as set down in the Act are: 1. To secure efficient and effective enforcement of sea-fisheries law and seafood safety law. 2. To promote compliance with and deter contraventions of sea-fisheries law and food safety law. 3. To detect contraventions of sea-fisheries law and food safety law. 4. To provide information to the sea-fisheries and seafood safety sectors on sea-fisheries law and food safety law and relevant matters within the remit of the Authority, through the Consultative Committee, or by any other means it considers appropriate. 5. To advise the Minister in relation to policy on effective implementation of sea-fisheries law and food safety law. 6. To provide assistance and information to the Minister in relation to the remit of the Authority. 709 Questions— 19 February 2008. Written Answers

[Deputy Mary Coughlan.]

7. To collect and report data in relation to sea-fisheries and food safety as required by the Minister under Community law. 8. To represent or assist in the representation of the State at national, Community and international fora as requested by the Minister. 9. To engage in any other activities relating to the functions of the Authority as may be approved of by the Minister.

The Act provides that the Authority shall consist of at least one but not more than three members. The person who held, immediately before the establishment day, the position of Seafood Control manager in the Department was deemed to be appointed a member. Other than as set out above, a member of the Authority is appointed by the Minister.

439. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if he will provide with regard to Bord Iascaigh Mhara, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6591/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The BIM Board is made up of six members. All members are Ministerial appointees as set out in the 1952 Sea Fisheries Act.

440. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if she will provide with regard to aquaculture licences appeals, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6592/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Section 23 of the Fisheries (Amendment) Act 1997 provides that the Aquaculture Licences Appeals Board shall consist of a Chairperson and six other members. In accordance with that Section the Chairperson shall be appointed by the Government, while the remaining members of the Board are appointed by the Minister from amongst persons nominated by classes of organisations prescribed under Section 23. Section 27 of the Act provides that the Minister shall appoint, from amongst the members of the Board, a person to be the Deputy Chairperson of the Board.

Rural Environment Protection Scheme. 441. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if her Departments attention was drawn to the fact that REP scheme two and three payments were going to be deferred from 1 January 2008; and if she will make a statement on the matter. [5951/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): I had further discussions with Commissioner Fischer Boel in Brussels earlier this week about the difficulties with the European Commission in relation to the established practice of paying REPS 2 and REPS 3 participants at the beginning of each contract year. I am very glad to say that I obtained the Commissioner’s agreement that Ireland can continue to receive REPS payment claims and make payments as has been done in the past, until the expiry of REPS 2 and REPS 3 contracts.

710 Questions— 19 February 2008. Written Answers

I have directed my officials to take immediate steps to release REPS 2 and REPS 3 payments which had been on hold since early January and payment for valid outstanding claims will begin to issue later this week.

442. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if her attention has been drawn to the fact that farmers had entered into a five year contract with her Department and that they would be paid at the end of every year once they had complied with the scheme; and if she will make a statement on the matter. [5952/08]

Percent for Art Scheme. 443. Deputy Olivia Mitchell asked the Minister for Agriculture, Fisheries and Food the amount drawn down through her Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if she will make a statement on the matter. [5960/08]

444. Deputy Olivia Mitchell asked the Minister for Agriculture, Fisheries and Food the number of capital projects funded by her Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if she will make a statement on the matter. [5975/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): I propose to take Question Nos. 443 and 444 together. I refer the Deputy to the reply by the Minister for Finance to these questions. Material in regard to my Department is included in that reply.

Financial Management Systems. 445. Deputy Brian Hayes asked the Minister for Agriculture, Fisheries and Food the number of financial management systems in place in her Department; the persons who provided her Department with these systems; the cost of maintaining the software; and if she will make a statement on the matter. [5991/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department’s financial management system comprises the SAP R3 Accounts system which was introduced into my Department in 2001. The original system was provided by IBM. Additional modules were added in 2003 and the system was updated in 2006. The annual cost of maintaining the software is \193,000. This annual maintenance fee does not include the cost of the on-site development and support team which comprises officials of the Department and a number of contract staff. The estimated cost of the contract staff in 2008 is \850,000.

711 Questions— 19 February 2008. Written Answers

Rural Environment Protection Scheme. 446. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cavan will be awarded their correct REP scheme money for 2007; and if she will make a statement on the matter. [6084/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The 2007 payment for REPS 3 (second year payment) issued on 19 January 2007. There was a reduction in the payment due to the disposal of leased land. The person named has written to my Department to confirm that he understands the reason for the reduced payment. He has also recently applied for his third year payment. I had further discussions with Commissioner Fischer Boel in Brussels earlier this week about the difficulties with the European Commission in relation to the established practice of paying REPS 2 and REPS 3 participants at the beginning of each contract year. I am very glad to say that I obtained the Commissioner’s agreement that Ireland can continue to receive REPS payment claims and make payments as has been done in the past, until the expiry of REPS 2 and REPS 3 contracts. I have directed my officials to take immediate steps to release REPS 2 and REPS 3 payments which had been on hold since early January and payment for valid outstanding claims will begin to issue later this week.

Grant Payments. 447. Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food when 10.01 outstanding entitlements under the single farm payment will be paid to a person (details supplied) in County Limerick. [6116/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application was received on 25 April 2007 requesting the transfer of 10.01 standard entitlements by way of lease to the person named from another farmer. An issue involving unused National Reserve entitlements held by the person named prevented the immediate processing of this application. This issue has since been resolved and the requested transfer has been fully processed. Payment issued to the person named on 14 February 2008.

Rural Environment Protection Scheme. 448. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme payment. [6122/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Payments to REPS 4 farmers under contracts which commenced in 2007 are now issuing. The person named applied for REPS 4 on 17 January 2008.My officials are in discussion with the European Commission on the payment arrangement to apply to REPS 4 contracts commencing in 2008 and I expect the matter to be clarified shortly.

Disposal of Animals. 449. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason in relation to the disposal of cattle and sheep seized from a person (details supplied) in County Mayo for the deductions against the gross value realised for the animals; the person that money

712 Questions— 19 February 2008. Written Answers was given to; the cost factors that were involved in this process; and if she will make a statement on the matter. [6123/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Three cheques with a total value of \1,777.11 issued to the person named on 23 January 2008 together with a statement detailing the gross amount, deductions and the net amount. Total deductions against the gross value of the animals in question amounted to \1,833.85 of which \1,680.27 was in respect of haulage costs and the remaining \153.58 was for miscellaneous expenses (veterinary fees, insurance, levies etc.).

Grant Payments. 450. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted the installation aid grant. [6176/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned is an applicant for aid under the Young Farmers’ Installation Scheme. Her application has been approved and payment will issue shortly.

Early Retirement Scheme. 451. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be approved and granted the early retirement scheme. [6177/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The Early Retire- ment Scheme application for the person named has been approved for payment backdated to his date of valid application, 29 August 2007. However, there are issues relating to his participation in REPS which must be resolved before payment of his Early Retirement pension can commence. In this regard, my Department’s Early Retirement Section wrote to the person named on 12 February 2008.

Rural Environment Protection Scheme. 452. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme payment. [6178/08]

Grant Payments. 453. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Mayo will be approved the installation aid grant following their appeal. [6179/08]

713 Questions— 19 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned was ineligible for aid under the Installation Aid Scheme as he was over the age-limit laid down in the Scheme. His appeal to the Agriculture Appeals Office was not accepted as it was outside the required time limits.

Rural Environment Protection Scheme. 454. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will issue to a person (details supplied) in County Donegal. [6187/08]

Grant Payments. 455. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food when the single farm payment for 2007 will be processed and awarded to a person (details supplied) in County Cork; and if she will make a statement on the matter. [6205/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on 18th April 2007. As part of the control procedures under EU legislation governing these Schemes, the application was selected for and was the subject of a ground eligibility and animal identification and registration inspection. During the course of the ground eligibility inspection, discrepancies were found with four parcels. As a result of these discrepancies, the claimed area of 58.24ha was reduced to 31.62ha. The person named was informed of these findings on 22nd October 2007. If the total area found is not sufficient to support the number of entitlements held, penalties will be applied as per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 58.04. As the difference between the area declared and the area found is more than 20%, under EU Regulations, no payment is due. A request to review the findings of the eligibility inspection was received. The review is currently being processed and the person named will be informed of the outcome shortly. If the person concerned is not happy with the outcome of the review he has the right to appeal the outcome of the review to the independent Agriculture Appeals Office.

456. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a decision will be made on the application by a person (details supplied) in County Kerry for a farm waste management grant and dairy hygiene standards grant; and if she will make a statement on the matter. [6209/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned is an applicant for grant-aid under both the Farm Waste Management Scheme and

714 Questions— 19 February 2008. Written Answers

Dairy Hygiene Scheme. The applications for payment are currently being examined within my Department and the outcome will be notified to the person concerned as soon as possible.

Wildlife Conservation. 457. Deputy Pa´draic McCormack asked the Minister for Agriculture, Fisheries and Food if her officials will meet with farming organisations’ representatives in Connemara, County Galway to brief them on the National Parks and Wildlife Service and her Department’s proposals on destocking on the Twelve Bens mountain range in Connemara (details supplied). [6225/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The situation referred to arises under the EU Wild Birds Directive and is accordingly a matter in the first instance for the Department of the Environment, Heritage and Local Government. I understand that the Department of the Environment, Heritage and Local Government have agreed that all farmers affected by destocking and overwintering measures which are necessary on the Twelve Bens, once the measures concerned have been determined by that Department in discussion with my Department, will be individually notified and invited to attend local clinics where their individual concerns can be discussed. In the context of Partnership and the agricultural agreement made under Towards 2016, a formal consultation mechanism is in place between my Department, the Department of the Environment, Heritage and Local Government and the farming representative bodies. This facilitates regular consultations with the appropriate bodies in relation to issues involving designated land and the interface between nature conservation and agri-environment.

Rural Environment Protection Scheme. 458. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason a REP scheme payment for a person (details supplied) in County Roscommon has been delayed; when payment will issue; and if she will make a statement on the matter. [6233/08]

Grant Payments. 459. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a payment under the farm waste management scheme will issue to a person (details supplied) in County Mayo. [6238/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Payment of grant- aid under the Farm Waste Management Scheme will be made to the person concerned shortly.

Rural Environment Protection Scheme. 460. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment

715 Questions— 19 February 2008. Written Answers

[Deputy Pat Breen.] will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [6375/08]

Fisheries Protection. 461. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food if restrictions and quotas have been placed on the fishing of dog fish or spurdog fishing; the details of any restrictions or quotas placed; and if she will make a statement on the matter. [6409/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The International Council for the Exploration of the Sea (ICES) scientific advice is that the stock of spurdog is depleted, that there should be no targeted fishery for spurdog and that the by-catch in mixed fisheries be reduced to the lowest possible level. On the basis of this advice, Council Regulation (EC) No 40/2008 provides for a 5% by-catch limit for spurdog/dogfish for all community vessels up to a maximum of 390 tonnes for the year in Ireland’s case. In effect this means that Irish vessels may not retain onboard an amount of spurdog/dogfish in excess of 5% of the live weight of the total catch retained on board. The total amount of spurdog/dogfish landed by Irish vessels may not exceed 390 tonnes in 2008.

Rural Environment Protection Scheme. 462. Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food when the issue of advance REP scheme payments will be settled between her Department and the EU; the circumstances under which her Department can renege on contracts already signed with participants in the REP scheme; and if she will make a statement on the matter. [6509/08]

463. Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will be made to a person (details supplied) in County Donegal. [6514/08]

716 Questions— 19 February 2008. Written Answers

Departmental Offices. 464. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of farm improvement scheme applications received in the Mayo Agriculture, Environment and Structures Offices between 21 and 31 October 2007 that have not been accepted or processed by her Department at this present time with details for each AES office; and if she will make a statement on the matter. [6530/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): 740 applications were received by my Department in County Mayo under the Farm Improvement Scheme prior to its suspension on 31 October 2007. Of these, 241 applications were received in Ballina, 198 in Castlebar and 301 in Claremorris. These applications are currently being processed within my Department up to the level of funding made available for the Scheme in the 2006 Partnership agreement, Towards 2016. No applications received prior to the date of suspension of the Scheme have been rejected by my Department.

Rural Environment Protection Scheme. 465. Deputy Noel J. Coonan asked the Minister for Agriculture, Fisheries and Food when she became aware that there was a problem with the payment of REP scheme two and three; when she communicated that to the farm organisations; and if she will make a statement on the matter. [6558/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The farming organisations were made aware in December 2007 of the fact that the EU Regulations governing REPS 4 might, if applied strictly, require a departure from the existing practice of paying REPS participants in full at the beginning of each contract year. My officials informed them that they were making every effort to persuade the Commission that the existing practice should continue for REPS 4. In the course of discussions on the payment arrangements for REPS 4, the European Com- mission raised questions early in January 2008 about the established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract year. I was informed of this and my officials immediately began to engage with the Commission seeking to resolve the problem. Following my latest round of discussions this week with EU Commissioner Fischer Boel I am glad to report that my Department can continue as before in paying REPS 2 and REPS 3 participants at the beginning of each contract year. The Commissioner stated that she had no objection to Ireland continuing to receive REPS payment claims and make payments as has been done in the past, until the expiry of REPS 2 and REPS 3 contracts. I have directed my officials to take immediate steps to release REPS 2 and REPS 3 payments which had been on hold since early January and that payment for valid outstanding claims will begin to issue later this week.

717 Questions— 19 February 2008. Written Answers

466. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork who is an applicant under REP scheme four will receive their first REP scheme payment; and if she will make a statement on the matter. [6562/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Payments to REPS 4 farmers under contracts which commenced in 2007 are now issuing. My officials are in discussion with the European Commission on the payment arrangements to apply to REPS 4 contracts commencing in 2008 and I expect the matter to be clarified shortly.

Equity Stake. 467. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the companies in which her Department holds an equity stake; the level of the equity stake; and if she will make a statement on the matter. [6625/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Details of the equity stakes held by my Department are set out below. As Minister for Agriculture, Fisheries and Food, I hold a Special Share in Greencore plc. That share has the same monetary value as any other share in the company but special conditions are attached which prevent the company from engaging in a number of activities without my consent. I hold one ordinary share in Coillte Teo, to the value of \1.26 and the Minister for Finance holds the remainder of the issued share capital.

Rural Environment Protection Scheme. 468. Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food the position in relation to the payments due to participants of REP scheme 3. [6735/08]

Grant Payments. 469. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a farm grant will be awarded to a person (details supplied); and if she will make a statement on the matter. [6741/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Payment of grant- aid under the Dairy Hygiene Scheme will be made to the person concerned shortly.

Rural Environment Protection Scheme. 470. Deputy Sea´n Fleming asked the Minister for Agriculture, Fisheries and Food when the

718 Questions— 19 February 2008. Written Answers

REP scheme three payment will be made to a person (details supplied) in County Laois. [6742/08]

Grant Payments. 471. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if there is a way that an application for the installation aid grant by a person (details supplied) in County Mayo could be accepted and granted. [6759/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The person concerned has submitted a preliminary application (IAS 1) under the Installation Aid Scheme. However, eligibility for payment cannot be established until a valid application for payment (IAS 2) is submitted.

Rural Environment Protection Scheme. 472. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the basis of the statement on 24 October 2007 on the REP scheme; if she will outline what has changed since that date regarding the payments under REP scheme two, three and four respectively; the reason there was no issue regarding anniversary payments under REP scheme four after year one of the plan yet a similar payment scheme for post year one payments under REP scheme two and three are being allegedly blocked by the Commission; if the Commission is satisfied with her comments of 24 October 2007 regarding REP scheme four; and if she will make a statement on the matter. [6792/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The farming organisations were made aware in December 2007 of the fact that the EU Regulations governing REPS 4 might, if applied strictly, require a departure from the existing practice of paying REPS participants in full at the beginning of each contract year. My officials informed them that they were making every effort to persuade the Commission that the existing practice should continue for REPS 4. Early in January, 2008 in the course of discussions on the interpretation of the new rules for REPS 4 payment’s the Commission unexpectedly challenged Ireland’s long-standing practice of paying REPS farmers at the beginning of each contract year. At that stage, some \6 million had already been paid to REPS 2 and REPS 3 farmers since 1 January 2008. My officials argued strongly with the Commission that the practice of paying at the start of the contract year is well established and one of which the Commission is well aware. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin three weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her

719 Questions— 19 February 2008. Written Answers

[Deputy Mary Coughlan.] and I emphasised the seriousness with which I regarded the situation. Following my latest round of discussions this week with the Commissioner, I am glad to report that my Department can continue as before in paying REPS 2 and REPS 3 participants at the beginning of each contract year. The Commissioner stated that she had no objection to Ireland continuing to receive REPS payment claims and make payments as has been done in the past, until the expiry of REPS 2 and REPS 3 contracts. I have directed my officials to take immediate steps to release REPS 2 and REPS 3 payments, which had been on hold since early January and payment for valid outstanding claims will begin to issue later this week. Payments to REPS 4 farmers under contracts which commenced in 2007 are now issuing. My officials are in discussion with the European Commission on the payment arrangements to apply to REPS 4 contracts commencing in 2008 and I expect the matter to be clarified shortly.

473. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food how she can break the contract signed with each REP scheme two and three participant when the farmer cannot break the contract; when farmers who have reached their anniversary will receive payment; and if she will make a statement on the matter. [6793/08]

474. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when her Department became aware of EU Commission concerns regarding the payment dates for REP scheme two and three; the dates on which her officials met with the Commission to resolve the issue; and if she will make a statement on the matter. [6794/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): In the course of the ongoing discussions on the payment arrangements for REPS 4, the European Commission raised questions early in January 2008 about the established practice of paying REPS 2 and REPS 3 farmers at the beginning of each contract year. My Department’s position was outlined in considerable detail at a meeting with the Commission in Brussels on 25 January. When Commissioner Fischer Boel was in Dublin three weeks ago to attend the Annual General Meeting of the IFA, I took the opportunity to make the same points directly to her and I emphasised the seriousness with which I regarded the situation. Following my latest round of discussions this week with the Commissioner, I am glad to report that my Department can continue as before in paying REPS 2 and REPS 3 participants at the beginning of each contract year. The Commissioner stated that she had no objection to Ireland continuing to receive REPS payment claims and make payments as has been done in the past, until the expiry of REPS 2 and REPS 3 contracts. I have directed my officials to take immediate steps to release REPS 2 and REPS 3 payments which had been on hold since early January and payment for valid outstanding claims will begin to issue later this week.

720 Questions— 19 February 2008. Written Answers

475. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if a derogation was sought from the EU Commission regarding the payment date for REP scheme two and three; when this derogation was sought and the reason for same; the condition of such derogation; and if she will make a statement on the matter. [6795/08]

Animal Welfare. 476. Deputy Rory O’Hanlon asked the Minister for Agriculture, Fisheries and Food the progress that has been made on an all-Ireland approach to animal health and safety, food safety and imports from outside the European Union; and if she will make a statement on the matter. [6797/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Co-operation in the development of an all-island animal health and welfare strategy has progressed through the North South Ministerial Council (NSMC) and by a number of working groups which continued to meet during the suspension of the Northern Ireland Assembly. The following decisions on cross border co-operation in animal health and welfare were taken at an NSMC Agriculture Sectoral meeting on 9th November 2007. The Council

• recognised the important work that has been undertaken to develop an all-island Animal Health and Welfare Strategy;

• noted the all-island Animal Health and Welfare Strategy paper developed by the North/South Animal Health and Welfare Steering Group and which includes a list of initial activities for delivery of key elements of the strategy with various milestones and deadlines for the immediate period ahead;

• agreed that the way forward is through co-operation and the development of complemen- tary policies;

• agreed that the free movement of animals on the island continues to be the ultimate aim of an animal health and welfare strategy; and

• requested officials to continue to oversee progress on delivery of the initial activities of the Strategy and to identify further issues to progress the Strategy for approval at the next NSMC sectoral meeting.

In relation to co-operation on food safety, the Food Safety Promotion Board, safefood, was set up under the British-Irish Agreement Act, 1999. It has a statutory remit with respect to food safety on the island of Ireland including promotion; research; communication of food alerts; surveillance of food borne diseases; promotion of scientific co-operation and linkages

721 Questions— 19 February 2008. Written Answers

[Deputy Mary Coughlan.] between laboratories; and the provision of an independent assessment, through independent scientific advice, of the safety and hygiene of food produced, distributed or marketed on the island of Ireland. Since its establishment safefood has undertaken a number of extensive programmes which seek to further enhance food safety knowledge and increase capacity building across the island of Ireland. In the exercise of its functions safefood works closely with the competent authorities in Ireland and Northern Ireland, namely the Food Safety Authority of Ireland and Food Stan- dards Agency, respectively. Through various programmes and projects safefood has collaborated with, and built strong relationships with, the respective Departments of Agriculture on the island. safefood has a corporate philosophy of adding value to the activities of other stakeholder bodies in the food chain and liaises with departments of Environmental Health in both jurisdictions, industry as well as consumer bodies. The conditions for import into the EU of live animals and products of animal origin from third countries are harmonised under EU Regulations and are being applied in both Ireland and N. Ireland. Imports may only enter the territory of EU through Border Inspection Posts (BIP) approved by the EU where veterinary inspection controls are applied. Moreover imports are permitted only from approved and listed third countries, or regions of those countries and, in the case of animal products, from approved export establishments. The EU rules have also harmonised the import veterinary certification requirements. Having satisfied the entry control at a BIP imports are then free to move in intra-community trade. The Food and Veterinary Office (FVO) of the European Commission carries out audits the operation of controls in the Member States, and in third countries, and publishes reports of its findings on its website. There is dialogue between the services operating EU import controls.

Foreshore Licences. 477. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if it is planned to streamline the procedure for applying for a foreshore licence and to ensure that applications are dealt with in a reasonable timeframe; and if she will make a statement on the matter. [6799/08]

478. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if it is planned to amend the Foreshore Acts 1933 to 2003; if all stakeholders will have an opportunity to make proposals on proposed amendments; and if she will make a statement on the matter. [6800/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): I propose to take Questions Nos. 477 and 478 together. The Government decided on 2 October 2007 that responsibility for foreshore licensing functions under the Foreshore Act 1933 in respect of port companies and harbour authorities governed by the Harbours Acts 1946, 1996 and 2000 and any other harbour or harbour related developments intended for commercial trade, and for all energy developments (including oil, gas, wave, wind and tidal energy) and aggregate and mineral extraction developments on the foreshore would transfer to the Department of the Environment, Heritage and Local Government. My Department is currently putting in place the necessary arrangements to ensure the efficient and effective transfer of the appropriate legislation and associated functions. In the interim, all foreshore functions under the Foreshore Acts 1933 to 2005 rest with my Depart-

722 Questions— 19 February 2008. Written Answers ment. My Department will carry forward responsibility for all other foreshore licensing functions under the Foreshore Act 1933, including in respect of all aquaculture developments and piers and harbours, other than in respect of port companies and harbour authorities governed by the Harbours Acts 1946, 1996 and 2000 and any other harbour or harbour related developments intended for commercial trade. The Statement of Strategy 2005-2007 of the former Department of Communications, Marine and Natural Resources indicated that procedures would be developed for enhanced coordi- nation and cooperation between the wide range of public bodies responsible for management of the coastal zone. This was in response to the increasing demands and pressures on coastal areas and their resources. A consolidation and streamlining of the Foreshore Acts has also been proposed. This is intended to provide a modern, effective and integrated legal framework for the management of the State’s foreshore estate in the future. Preparation of these proposals is intended to take account, among other things, of the principles in the EU Recommendation on Integrated Coas- tal Zone Management, the outcome of the EU Maritime Green Paper and the EU Marine Strategy Directive. The Department of the Environment, Heritage and Local Government will clearly assume a critical role in these proposals. My Department will continue to work closely with the Depart- ment of the Environment, Heritage and Local Government in the context of progressing the various elements required to develop the appropriate coastal zone legislative framework. Any such consolidation and streamlining of the Foreshore Acts will be subject to a full Regulatory Impact Analysis (RIA). Regulatory Impact Analysis is a tool used to assess the likely effects of a proposed new regulation or regulatory change. It involves a detailed analysis to ascertain whether or not the new regulation would have the desired impact. It helps to identify any possible side effects or hidden costs associated with regulation and to quantify the likely costs of compliance on the individual citizen or business. As part of the RIA process of assessing the impacts, all stakeholders will have the opportunity to submit a response. These submissions will form part of the RIA, which will be a public document.

Departmental Bodies. 479. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the number of members of the steering group overseeing the work of the RELAY Service; and if she will make a statement on the matter. [6859/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The RELAY Steering Group has 12 members. The Group is chaired by an official of my Department, and also includes three senior food industry representatives, one representative from Enterprise Ireland, and one representative from each of the following research institutions: Teagasc, Uni- versity College Dublin, University College Cork, University of Limerick, Trinity College Dublin, the National University of Ireland Galway and Dublin City University. Meetings of the Group are held once or twice a year, or as need arises, to review progress and to input into the RELAY dissemination programme for the period ahead.

Regulatory Authorities. 480. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if she will make a statement on the matter. [7012/08]

723 Questions— 19 February 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): My Department is the regulatory authority with responsibility for enforcement of a wide range of EU and national legislation governing primary production and processing in the agri-food sector, including animal health and welfare, plant health and fisheries activities. My Department also carries out control and inspection activities in relation to food safety and consumer protection requirements on the basis of a service level agreement with the Food Safety Authority of Ireland and is responsible for the control and inspection functions in relation to obligations imposed on the beneficiaries of EU funded and co-funded schemes such as the Single Farm Payment. A large number of the Department’s staff are engaged in the regulatory activity, many of whom have other duties, and it is not possible to isolate the operating budget for this type of activity. The full administrative budget for my Department in 2006 and 2007 was \281.2 million and \296.4 million respectively (including the fisheries administrative budget expenditure from 19 October 2007). The Sea Fisheries Protection Authority is the regulatory authority with responsibility for the enforcement of regulations on sea fisheries protection and seafood safety. The Auth- ority, which is funded through my Department’s Vote, was established in January 2007. The operational costs in 2007 were \10.9 million.

Public Private Partnerships. 481. Deputy Arthur Morgan asked the Minister for Education and Science the terms of the public private partnership contract that has been agreed between her Department and a construction company for the provision of two secondary schools at Borris Road, Portlaoise, including but not restricted to the length of the lease, tax incentives, any initial payment, the ongoing cost of the lease and any final payment before the school can come into public ownership. [5949/08]

Minister for Education and Science (Deputy Mary Hanafin): Macquarie Partnership for Ireland (MPFI) has been selected as the preferred tenderer for the provision of the first Bundle of Public Private Partnership Schools consisting of two schools in County Laois and two in County Offaly. Negotiations between the National Development Finance Agency, which is responsible for the procurement of the school, and MPFI are ongoing. It is envisaged that the contract will be signed with the next few months. If the negotiations are successful MPFI will be granted a licence to build and then operate the four schools for 25 years. All four schools will remain in public ownership. MPFI will receive no payments until the four schools have been completed and are in operation. Unitary payments will then be paid on a monthly basis for the duration of the contract and will be subject to deductions if required. No tax incentives, special initial or final payments are being provided to MPFI.

Percent for Art Scheme. 482. Deputy Olivia Mitchell asked the Minister for Education and Science the amount drawn down through her Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if she will make a statement on the matter. [5965/08]

483. Deputy Olivia Mitchell asked the Minister for Education and Science the number of capital projects funded by her Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down. [5980/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 482 and 483 together.

724 Questions— 19 February 2008. Written Answers

During the period of the last National Development Plan 2000-2006 my Department accelerated the school building programme with record levels of investment and the streamlining of delivery systems. An aggregate total of well over \2.6 billion was invested in upgrading existing school infrastructure and providing new school accommodation at both first and second level. This programme delivered over 7,800 building projects. The overall investment in school building infrastructure over the lifetime of the new NDP will be \4.5 billion, including almost \600 million for the school building programme in 2008. Details of the number of projects funded by my Department at first and second level from 2002 to 2007 are given in the tabular statement that follows this reply. The statistics sought by the Deputy regarding the percent for art scheme are not readily available. However, I assure the Deputy that my Department supports and encourages schools with large-scale school building projects to utilise the scheme.

Year No. of Projects

2002 1,300 2003 1,350 2004 825 2005 1,178 2006 1,385 2007 1,500* * Projects approved in 2007 some with completion dates in 2008.

Financial Management Systems. 484. Deputy Brian Hayes asked the Minister for Education and Science the number of financial management systems in place in her Department; the persons who provided her Depart- ment with these systems; the cost of maintaining the software; and if she will make a statement on the matter. [5996/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department has one financial management system. The system was provided by Oracle and the annual cost of maintaining the software is in the region of \162,000.

Site Acquisitions. 485. Deputy Ruairı´ Quinn asked the Minister for Education and Science if her Department and Fingal County Council have identified and acquired a site for a post primary school (details supplied) in County Dublin as recommended by the Commission on School Accommodation; and if she will make a statement on the matter. [6023/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy will be aware the Programme for Government includes a commitment to establish a Developing Areas Unit in my Department, dedicated solely to progressing school planning in rapidly developing areas, building on improvements that have already been made in recent years. This Developing Areas Unit, in conjunction with Fingal County Council has been working to identify and acquire sites, under the Fingal School Model, for rapidly growing areas, including the area to which the Deputy refers. A permanent site for the school to which the Deputy refers will be identified by Fingal County Council as part of their Local Area Plan.

486. Deputy Ruairı´ Quinn asked the Minister for Education and Science if a site has been acquired by her Department and Fingal County Council for a school (details supplied) in 725 Questions— 19 February 2008. Written Answers

[Deputy Ruairı´ Quinn.] County Dublin as recommended by the Commission on School Accommodation; and if she will make a statement on the matter. [6024/08]

Minister for Education and Science (Deputy Mary Hanafin): I advise the Deputy that a site has been identified for the school in question and will be acquired in the context of my Depart- ment’s Multi-Annual School Building and Modernisation Programme.

Youth Services. 487. Deputy Ruairı´ Quinn asked the Minister for Education and Science the reason every application, since 2001 to date in 2008 made by an group (details supplied) in Dublin 6 for funding to Special Projects for Youth has been rejected; the action the group can take to demonstrate their need to employ two youth workers; and if she will make a statement on the matter. [6025/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I recently met a delegation on behalf of the project in question. According to my Department’s records, applications were submitted annually on behalf of the project in question for funding under the Special Projects for Youth Scheme from 2005 to 2008. There is a large demand each year for financial assistance under my Department’s Special Projects for Youth Scheme and a large proportion of the annual Estimate allocation is committed each year to supporting projects already funded under the scheme. As I indicated in my reply on 30 January, I am not in a position at this time to make any commitments with regard to funding for new projects.

School Enrolments. 488. Deputy Paul Kehoe asked the Minister for Education and Science the options available to a person (details supplied) in County Wexford who has been unable to secure a place in their first choice girls secondary school and has been told by the only other all girls school that they can not consider them until September 2009 and not 2008 when they are due to enter secondary school and wants to attend an all girl school; and if she will make a statement on the matter. [6027/08]

Minister for Education and Science (Deputy Mary Hanafin): Enrolment in individual schools is the responsibility of the managerial authority of those schools. My Department’s main responsibility is to ensure that the schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Acts. However, in formulating an admissions policy a school must ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters including the admission of a pupil to the school. Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Manage- ment of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a student, the school is obliged to inform parents of their right under section 29 of the Education Act 1998 to appeal that decision to the Secretary General of my Department. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a student. The National Educational Welfare Board is the statutory agency which can assist parents who are experiencing difficulty in securing a

726 Questions— 19 February 2008. Written Answers school place for their child. The board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

School Accommodation. 489. Deputy Jimmy Deenihan asked the Minister for Education and Science if she will sanction a prefab for a school (details supplied) in County Kerry; and if she will make a statement on the matter. [6090/08]

Minister for Education and Science (Deputy Mary Hanafin): The school referred to by the Deputy has made an application to my Department for temporary accommodation. The application is being processed and a decision will be communicated to the school authorities as soon as possible.

Site Acquisitions. 490. Deputy Brian Hayes asked the Minister for Education and Science her plans for providing a school (details supplied) in Dublin 7 with a permanent site; and if she will make a statement on the matter. [6094/08]

Minister for Education and Science (Deputy Mary Hanafin): Officials in my Department have been pursuing the question of sourcing a site to accommodate the school to which the Deputy refers. All applications for large scale capital funding are assessed against published prioritisation criteria and assigned a band rating. Progress on individual projects are then considered in the context of the multi-Annual School Building and Modernisation Programme.

School Accommodation. 491. Deputy Tom Hayes asked the Minister for Education and Science when sanction will be approved for the purchase of a portakabin for a school (details supplied) in County Tipperary. [6105/08]

Minister for Education and Science (Deputy Mary Hanafin): Officials from my Department have been in contact with the school authorities regarding additional information required to process their application. On receipt of this information the application will be fully examined and the school authorities will be contacted without delay.

Physical Education Facilities. 492. Deputy James Bannon asked the Minister for Education and Science the position in relation to funding for an astro turf pitch for a school (details supplied) in County Long- ford. [6113/08]

Minister for Education and Science (Deputy Mary Hanafin): There is no record of an application in my Department for funding in relation to the provision of an astro turf pitch for the school referred to by the Deputy. The school should contact the School Building Section of my Department about the matter.

Schools Building Projects. 493. Deputy Jack Wall asked the Minister for Education and Science the position of a new school building (details supplied) in County Kildare; when funding will be announced for the project; and if she will make a statement on the matter. [6146/08]

727 Questions— 19 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): A tender report for a new school building has been received for the school referred to by the Deputy. The progression of all large scale building projects from initial design stage through to construction phase will be considered on an ongoing basis in the context of my Department’s Multi-Annual School Build- ing and Modernisation Programme.

School Accommodation. 494. Deputy Terence Flanagan asked the Minister for Education and Science when she will form a task force to examine the accommodation shortfall for students; and if she will make a statement on the matter. [6147/08]

Minister for Education and Science (Deputy Mary Hanafin): I have no plans to establish a taskforce on school accommodation needs. As the Deputy will be aware the Programme for Government commits my Department to establishing a Developing Areas Unit to liaise with Local Authorities, to identify where new schools are needed and to ensure that these schools are delivered in the fastest possible timeframe. Initial work on establishing and assigning dedicated staff to the Unit began in the latter part of 2007 and it is now fully operational. In terms of its work programme for 2008, the Developing Areas Unit is advancing the delivery of 30 new primary schools which are planned to be in place for September 2008. These projects are being delivered in areas which have been identified as areas of rapid population growth. I announced the details of the individual projects recently. To deliver its 2008 programme, the Developing Areas Unit has been working closely with relevant Local Authorities on the acquisition of sites and on general pre-planning issues. Project Managers, together with architectural, engineering and quantity surveying services were recruited from the private sector in October 2007 to prepare the planning applications, undertake the necessary surveys and oversee the delivery of the schools on each site. Sites for each of the projects have been identified and site master-plans have been developed by the technical teams. An EU tendering process to establish a drawdown contract for the off-site construction of permanent and temporary accommodation had a closing date of 2 January 2008 and has now been completed. Planning Applications have been lodged for virtually all of the schools. The successful tenderers for the construction of each individual project have been notified and the programme is on target. When taken with a number of other projects in developing areas involving extensions to existing schools, approximately 9,000 additional school places will be provided for September 2008. In the meantime, the Forward Planning Section of the Depart- ment is identifying the areas where significant additional accommodation will be needed for 2009 and onwards. This is also being done in close consultation with local authorities. The Forward Planning Section’s findings will likewise feed into the Developing Areas Unit for delivery. My Department is satisfied that the approach which it is now taking to the identification and delivery of extra school places in rapidly developing areas will ensure that those places will be provided when and where they are needed.

School Staffing. 495. Deputy Ruairı´ Quinn asked the Minister for Education and Science when she will introduce the new provisions of the Teaching Council Act 2001; if she is satisfied that there is a sufficient resource of trained substitute teachers whose work is being done, in some instances, by untrained persons; and if she will make a statement on the matter. [6234/08]

Minister for Education and Science (Deputy Mary Hanafin): The Teaching Council Act 2001 provides that “the Act shall come into operation on such day or days as the Minister may

728 Questions— 19 February 2008. Written Answers appoint by orders or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes or provisions.” Many of the provisions of the Act have come into operation. The Teaching Council has made significant progress on a number of fronts, most notably in establishing and maintaining a register of teachers, processing applications for entrance on to same, determining qualifications for registration, publishing codes of professional conduct for the teaching profession, establishing a research policy, awarding research bursaries, advising the Minister on various matters including the standards of educational qualification required to enter programmes of teacher education, professional development and teacher supply, and promoting the teaching profession generally. Some sections of the Act have not yet been commenced. My Department is working closely with the Teaching Council to ensure that it is in a position to fully discharge the relevant functions in advance of the commencement of the corresponding sections of the Act. The remaining sections will be commenced when it is feasible to do so. My Department continually monitors the situation in relation to retirements, demographics and the many other factors affecting supply and demand of teachers, in the light of system needs and available resources. I am satisfied that my Department will take the necessary steps to enable the future demand and need for teachers to be met. The Deputy might be interested to note that, in this context, my Department approved an additional 210 places for the current intake to the Postgraduate Diploma in Education (Primary), commencing February 2008.

School Transport. 496. Deputy Brendan Howlin asked the Minister for Education and Science the basis on which school transport has been refused in the case of a child (details supplied) in County Wexford who attends a primary school 5.1 miles from the family home; and if she will make a statement on the matter. [6237/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): My Department has asked Bus E´ ireann, which operates the School Transport Scheme, to submit a report on the background to the case referred to by the Deputy, in the details supplied. The case will be considered on receipt of this report.

School Staffing. 497. Deputy Brian Hayes asked the Minister for Education and Science if, in view of Primary Circular 11/02, regarding the secondment of primary school teachers, it is possible to re-categor- ise colleges of education (details supplied) as her Department’s National Approved Prog- rammes, in order to allow a period of up to ten years secondment rather than the five year secondment period which the school is allocated as it is currently classified as an outside body for the purposes of the circular, and that to make such a change is at the sole discretion of herself and would not require a change to Circular 11/02; and if she will make a statement on the matter. [6377/08]

Minister for Education and Science (Deputy Mary Hanafin): The scheme of secondment is designed to facilitate the temporary release of a permanent teacher from his or her teaching post. The procedures for secondment arrangements are set out in Department Circular 11/02. Under these arrangements a Board of Management, in framing a policy position on secondments, is required to ensure that the welfare and educational needs of pupils take pre- cedence over all other considerations. The Board of Management must ensure that a fully qualified temporary replacement teacher can be obtained to replace the teacher on secondment. The terms of the secondment arrangement referred to by the Deputy allow for secondment to an outside organisation, in this case a College of Education, for a maximum

729 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] period of five years. I regard this five-year period as an appropriate balance between the needs of the individual schools from which staff are seconded from and outside organisations — in this case a College of Education.

Site Acquisitions. 498. Deputy Jan O’Sullivan asked the Minister for Education and Science the progress that has been made on acquiring a permanent site for a school (details supplied) in County Limerick; and if she will make a statement on the matter. [6380/08]

Minister for Education and Science (Deputy Mary Hanafin): The Office of Public Works, which acts generally on behalf of the Department on the acquisitions of sites for schools, has been requested to source a site for this school. A suitable site has been identified and its acquisition is at the conveyancing stages.

Family Support Services. 499. Deputy Olwyn Enright asked the Minister for Education and Science the policy approach adopted by her Department in relation to facilitating single parents at both second and third level; and if she will make a statement on the matter. [6393/08]

Minister for Education and Science (Deputy Mary Hanafin): For young parents of schoolgo- ing age, the most pressing issues are considered to be a sensitive response to their needs, appropriate counselling, mentoring and medical assistance, minimum disruption of tuition, and appropriate access to child care. Individual circumstances will differ and accordingly, school management practice will vary from case to case. Generally, when it comes to the attention of the school that a pupil is pregnant, the school authorities check to ensure that the girl is receiving appropriate medical assistance and counselling advice. Schools endeavour to be sensitive and understanding to the girl’s needs while trying to ensure that her education is not neglected. Home tuition is provided to pregnant schoolgirls who are absent from school during the later stages of pregnancy or immediately following the birth of a baby when attendance may be impractical. Funding has been committed in 2008 for the education element of eight Teenage Parenting Support projects as a specific gender element of the School Completion Programme under DEIS in preventing early school leaving among teenage mothers. Links have been established between local School Completion projects in these areas, assisted by the SCP National Co- ordination Team and the Teenage Parenting Support Initiative Co-ordinators. The aim of these projects is to enable young women who are pregnant and young mothers to stay in second level education and to progress on to third level education or training. The Project does this by providing individual support, information and grinds where necessary. Young people participating in Parenting Support Programmes are targeted in-school, out-of-school and in higher/further education, giving them the opportunity to reach their full potential through continued participation in education and training. This will improve their life opportunities and reduce the likelihood of the young family experiencing poverty and social exclusion and being long-term dependants on State support. Single parents are target groups of two Further Edu- cation programmes, the Back to Education Initiative and the Vocational Training Oppor- tunities Scheme. Grants towards the cost of child care are given to VECs to be used to assist with the provision of child care support for learners in the Vocational Training Opportunities Scheme, Youthreach, Senior Traveller Training Centres and in the Back to Education Initiat- ive. The aim of this support is to attract people whose attendance is prevented by child care

730 Questions— 19 February 2008. Written Answers responsibilities to enrol on these programmes. Parents and guardians generally may avail of these grants. A number of initiatives funded by the Department acknowledge the additional costs encountered by lower income students, including those with children, and support their participation in higher education. Major improvements have been made by this Government in both the income limits for eligibility and the actual grant levels for third level student support. This includes the introduction of the special rate of maintenance grant. The highest rate of this grant is now at a record level of \6,690 for the 2007-08 academic year — compared with just over \2,000 in 1996-97. To qualify for a special rate of maintenance income must be below a specified income threshold and the household income must include an eligible social welfare payment. The One-parent Family payment and the Back to Education Allowance, payable by the Depart- ment of Social and Family Affairs, are eligible payments for the special rate of maintenance grant. It should also be noted that both the One-parent Family payment and the Back to Education Allowance are excluded in the calculation of reckonable income for both the standard and special rate of maintenance grant. The ESF aided Student Assistance Fund continues to be a vital avenue of financial support for students experiencing financial difficulties in third level institutions, assisting with such supports as rent, child care and food costs. A gross allocation of \6.219 million will be made in the current academic year for this fund. Some 9,886 students benefited from the Student Assistance Fund in 2005-6. In 2005 some institutions reported that up to 60% of their students were drawing on the Student Assistance Fund to meet child care costs incurred while they were in higher education. The Millennium Partnership Fund continues to support students from disadvantaged areas with regard to retention and participation in further and higher education. Contribution to the costs of child care for student parents is a key expenditure area of the Fund. The find, which is currently running at approximately \2 million per annum, is allocated to community partnerships and partnership companies participating in the Local Development Social Inclusion Programme. Greater affordability of child care, linked to the creation of additional child care places, has been a key principle in both the previous and current National Development Plans. This Government has provided unprecedented levels of funding for child care in recent years. Some \499.3 million was allocated to the Equal Opportunities Child Care Programme 2000-2006 and some 41,000 places will have been created by the time the programme finishes. Child care provision will continue to attract substantial investment under the new national child care investment programme 2006-10. Some \575 million has been allocated to the new programme, which will be administered by the Office of the Minister for Children and aims to provide a proactive response to the development of quality child care services by supporting the creation of an additional 50,000 places. This Government also introduced the Early Childhood Sup- plement of \1,000 per child under six to help parents with child care costs. A large number of third level institution also provide cre`che facilities, child care facilities while others have cre`ches adjacent to the campus. A number of Higher Education institutions were approved for grants for child care facilities under the Equal Opportunities Child Care Programme 2000-06, which is administered by the office of the Minister for Children. All the above initiatives support single parents to continue their studies at third level. The Government discussion paper, “Proposals for Supporting Lone Parents,” put forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the National Employment Action Plan to focus on lone parents; focused provision of child care; improved information services for lone parents and the introduction of a new social assistance payment for low income families with young children. A sub-group of the

731 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] Senior Officials Group on Social Inclusion, on which my Department is represented, is currently working on an implementation plan to progress the non-income recommendations. Work on the development of this implementation plan is progressing. Issues including access to child care support, education, training and activation measures continue to be discussed with the relevant Departments and Agencies. In this regard, my Department is co-operating with the Department of Social and Family Affairs, the Office of the Minister for Children and FA´ Sin testing the non-income activation proposals in Coolock in Dublin and in Kilkenny.

Schools Refurbishment. 500. Deputy Dinny McGinley asked the Minister for Education and Science if an application has been received from a school (details supplied) in County Donegal towards renovation and extension to the premises; if the application is being considered at present; and if she will make a statement on the matter. [6411/08]

Minister for Education and Science (Deputy Mary Hanafin): The school in question submitted an application under the Small Schools Scheme 2007 for additional accommodation/refurbishment. Due to the volume of applications received in my Department at the time it was not possible to allocate funding to all proposed projects and the application from this school was not successful.

School Staffing. 501. Deputy Michael McGrath asked the Minister for Education and Science the procedure for recruiting staff for a planned new school (details supplied) in County Cork; and the way vacancies will be advertised. [6414/08]

Minister for Education and Science (Deputy Mary Hanafin): Under the terms of the Edu- cation Act 1998, the Board of Management of a primary school is responsible for the recruitment, selection and appointment of all teachers to a school. The procedures for the appointment of teachers are set out in Appendix D of the publication, Boards of Management Constitution of Boards and Rules of Procedure (revised November, 2007), copies of which are available in all primary schools to the Board of Management members and also on my Depart- ment website, www.education.ie. Boards of Management are obliged to recruit and employ fully qualified primary teachers for any vacancy in a school, regardless of the duration of the vacancy. Information regarding recognised qualifications can be obtained from the Primary Administration Section of my Department.

Schools Refurbishment. 502. Deputy Joe Carey asked the Minister for Education and Science when a school (details supplied) in County Clare will be receiving their technical visit; the timeframe for the refurbishment or redevelopment of the school; and if she will make a statement on the matter. [6510/08]

Minister for Education and Science (Deputy Mary Hanafin): I can confirm to the Deputy that my Department is in receipt of an application for large scale capital funding from the school to which he refers. The project has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band rating. Progress on the proposed works will be considered in the context of my Department’s multi-annual School Building and Modernisation programme.

732 Questions— 19 February 2008. Written Answers

Schools Building Projects. 503. Deputy Simon Coveney asked the Minister for Education and Science the position regarding the building of a new school (details supplied), especially in the context of the fast- tracking of a new school in neighbouring Rochestown; and if she will issue a new schedule for the completion of the school as the old ones are now irrelevant. [6511/08]

Minister for Education and Science (Deputy Mary Hanafin): The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, is considered on an ongoing basis in the context of my Depart- ment’s Multi-Annual School Building and Modernisation Programme. The Deputy can be assured that my Department will continue to ensure that building projects such as the one in question will be commenced and delivered within the earliest possible timeframes.

Schools Recognition. 504. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science the number of all Irish post primary schools which have received permanent recognition from her Department in the past five years; the location of these schools; the patron body involved and the level of enrolment achieved in each case at the time of granting recognition; and if she will make a statement on the matter. [6521/08]

Minister for Education and Science (Deputy Mary Hanafin): Since the 1st September 2002 one All-Irish Post-Primary school received permanent recognition. The school, Cola´iste Oiriall, Monaghan, operates under the aegis of County Monaghan Vocational Education Committee. I will arrange to have the enrolment details forwarded to the Deputy. In general such new schools open with provisional recognition from my Department. The schools are required to complete a minimum period of three years in this mode, during which time they must demonstrate viability and that they are operating in accordance with the Rules and Programme for Secondary Schools. The matter of permanent recognition can be considered when this period has expired.

Schools Building Projects. 505. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science if, further to her reply to Question No. 468 of 12 February 2008 and in view of her application to Athy Town Council for planning permission to erect an eight classroom primary school, she will indicate the intended patron body for this school; and if she will make a statement on the matter. [6522/08]

Minister for Education and Science (Deputy Mary Hanafin): Discussions are ongoing in relation to the intended patronage of the school in question and a decision will be made shortly.

Schools Refurbishment. 506. Deputy Eamon Gilmore asked the Minister for Education and Science if her attention has been drawn to the serious structural deficiencies in a school (details supplied) in County Galway; if she has received a request for sanction for a programme of reconstruction for the school; if she will sanction the project in view of the conditions that pupils and staff have to endure; and if she will make a statement on the matter. [6541/08]

Minister for Education and Science (Deputy Mary Hanafin): A tender report for a new school building for the school referred to by the Deputy has been received in my Department. The progression of all large scale building projects from initial design stage through to construc-

733 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] tion phase is considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context. I announced recently a list of schools which are due to go to construction in 2008. I intend to make further announcements regarding projects that will be proceeding to construction during the course of the year as the school building programme is rolled out.

School Transport. 507. Deputy Eamon Scanlon asked the Minister for Education and Science when school transport will be provided for children attending a school (details supplied) in County Leitrim; and if she will make a statement on the matter. [6552/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The pupils referred to by the Deputy, in the details supplied, are not eligible for school transport to the school in question as they reside in a ‘closed school area’. In the case of amalgamations, pupils residing in a ‘closed school area’ are eligible to the school of amalgamation only.

School Staffing. 508. Deputy Mary Upton asked the Minister for Education and Science her views on the appointment of a home-school liaison co-ordinator for each of the two schools (details supplied) in Dublin 8; and if she will make a statement on the matter. [6555/08]

Minister for Education and Science (Deputy Mary Hanafin): A total of 450 local HSCL coordinators provide HSCL services to 691 schools (370 Primary and 281 Post primary), with an additional 80 posts made available in 2006 to extend Home School Community Liaison services to all schools selected to participate in DEIS, the Action Plan for Educational Inclusion, that did not have such services. I also extended my commitment to schools not selected to participate in DEIS but already in HSCL scheme, to continue to support these schools in their efforts to deal with educational disadvantage among their students in line with both their size and level of disadvantage. HSCL coordinator posts are provided on a full time or shared basis between schools and must be deployed to do full-time liaison duties. For the first time, posts are shared across the two sectors — primary & post primary level, to facilitate local HSCL coordinators working with the families of disadvantaged children. My Department is currently undertaking a full review of Home School Community Liaison (HSCL) clustering arrangements in all schools participating in the scheme to ensure that all schools have a level of service which com- mensurates with both the size of the school as well as its relative level of disadvantage. Any changes made in the HSCL clustering arrangements, which will take effect from 1 September 2008, will be notified to schools shortly.

Schools Building Projects. 509. Deputy Noel J. Coonan asked the Minister for Education and Science if an application has been received for a school (details supplied) in County Tipperary for the emergency works grant; when the application will be processed; and if she will make a statement on the matter. [6559/08]

Minister for Education and Science (Deputy Mary Hanafin): The Modernisation and Policy Section of my Department’s Planning and Building Unit recently received an application from

734 Questions— 19 February 2008. Written Answers the school in question for emergency funding. The application will be assessed without delay and the outcome notified to the school authorities as soon as possible.

510. Deputy Olwyn Enright asked the Minister for Education and Science the status of a building project at a school (details supplied) in County Kildare; when the project will commence at same location; and if she will make a statement on the matter. [6564/08]

Minister for Education and Science (Deputy Mary Hanafin): This project is at an advanced stage of architectural planning. Delivery of all building projects, including Athy Community College, Co Kildare will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. I intend to make further announcements during the year of projects to proceed to construction as my Department’s building programme is rolled out.

511. Deputy Brian Hayes asked the Minister for Education and Science if she will provide a county breakdown of the projects under the school building projects programme which have completed the tender process and are not included in her most recent announcement in respect of the construction stage for 2008; and if she will make a statement on the matter. [6567/08]

512. Deputy Brian Hayes asked the Minister for Education and Science the number of primary and post-primary building projects at stage three within her Department,; and if she will make a statement on the matter. [6568/08]

513. Deputy Brian Hayes asked the Minister for Education and Science the number of primary and post primary-building projects at stage four within her Department; and if she will make a statement on the matter. [6569/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 511 to 513, inclusive, together. The level of detail requested by the Deputy is not readily available. However, I am arranging for information to be compiled by my officials and this will be sent to the Deputy shortly.

Departmental Expenditure. 514. Deputy Brian Hayes asked the Minister for Education and Science the legal cost to her Department in respect of defending or initiating cases through the courts in respect of special needs education; if the total sum involved can be set out in each year over the past five years; and if she will make a statement on the matter. [6570/08]

Minister for Education and Science (Deputy Mary Hanafin): The Deputy will be aware of my position on the issues of litigation in special educational needs and can be assured that neither I nor my Department take lightly any decision to defend cases concerning children with special educational needs. I should emphasise that my Department does not initiate any such proceedings and cases are generally only litigated where no potential settlement is acceptable to both sides and the Government’s authority to decide issues of policy is in question. The State has an obligation under the Constitution to provide for primary education. In the context of children with special educational needs, that education must be appropriate to their requirements. The State decides on an appropriate form of provision, having regard to the advice available to it from relevant experts in the National Educational Psychological Service, the National Council for Curriculum and Assessment, the Inspectorate and independent experts. The Department is not complacent in dealing with these cases and attempts, wherever possible, to reduce the potential for litigation and the levels of legal costs where they arise.

735 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.]

I would like to emphasise that legal costs incurred by the State in defending those cases which are brought to court, are not met directly by my Department. In accordance with financial procedures in cases involving damages or compensation against the State, costs are generally charged to the Chief State Solicitor’s Office Vote as sanctioned by the Attorney General. With reference to the costs incurred by my Department which are payment of legal costs of solicitors acting on behalf of children with special educational needs the costs for the last five years are as follows:

Year \

2003 3,766,276.53 2004 5,160,555.16 2005 1,211,529.68 2006 620,880.43 2007 421,176.97

Schools Recognition. 515. Deputy Brian Hayes asked the Minister for Education and Science the number of schools that have been granted temporary recognition by her Department; the names of the schools concerned; the length of time that the temporary recognition status has applied; and if she will make a statement on the matter. [6571/08]

Minister for Education and Science (Deputy Mary Hanafin): The information sought by the Deputy is not readily available. However, if the Deputy has a query in relation to a specific school he can contact my officials in the Department who will be happy to assist in this regard. In general new schools initially operate with provisional recognition from my Department. During the period of provisional recognition, it is the responsibility of the school patron to provide interim accommodation. This accommodation must be capable of fully meeting the needs of the developing school until permanent recognition has been secured and my Depart- ment is in a position to provide permanent accommodation. While schools with temporary recognition do not qualify for capital funding, my Department does provide grant aid for the rental of interim accommodation. It is open to a school to seek an increase in this rental as its needs develop. The following are the criteria for recognition of new primary schools, There must be evidence that: • The proposed school meets a need that cannot reasonably be met within existing provision. • The local community is consulted in advance. • The patron has been registered as such by the Minister for Education and Science. • A board of management will be appointed in accordance with the requirements of the Department of Education and Science. • The Rules for National Schools will be complied with. • The proposed school has a minimum initial enrolment of 17 junior infants and a minimum projected enrolment of 51 pupils for the third year of operation. • All pupils are at least four years of age on 30 September of the year in which the school is due to commence operation. 736 Questions— 19 February 2008. Written Answers

• The school will follow the Primary School Curriculum of my Department. • The school will employ recognised primary school teachers.

A school may apply for permanent recognition when it has complied with all the conditions of temporary recognition. The period of temporary recognition may vary from school to school.

Equity Stake. 516. Deputy Leo Varadkar asked the Minister for Education and Science the companies in which her Department holds an equity stake; the level of the equity stake; and if she will make a statement on the matter. [6630/08]

Minister for Education and Science (Deputy Mary Hanafin): Any bodies established as companies by my Department are non-commercial entities and therefore the issue of an equity stake does not arise.

Schools Amalgamation. 517. Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the proposed amalgamation of schools (details supplied) in County Galway; if sites are now purchased for both projects; when funding will be made available for the projects to commence; and if she will make a statement on the matter. [6640/08]

Minister for Education and Science (Deputy Mary Hanafin): An agreement was reached by the respective Patrons to rationalise provision of post-primary provision in the town referred to by the Deputy to establish a single boys’ and a single girls’ school. The actual amalgamation in each case is dependent on the availability of suitable accommodation. In relation to the Girls school it is proposed to provide a new school on a new site. The OPW, which acts on behalf of my Department in relation to site acquisitions generally, is considering a number of site proposals with the intention of acquiring a suitable site to facilitate the development of a new school building. In relation to the Boys school the Patron has offered to provide a site to accommodate the new school. As soon as these site issues are finalised, the building projects required to deliver the appropriate accommodation will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme.

Schools Building Projects. 518. Deputy Damien English asked the Minister for Education and Science the status of an application by a school (details supplied) in County Meath for the proposed refurbishment and new extension of a 20 class room scheme; and if she will make a statement on the matter. [6644/08]

Minister for Education and Science (Deputy Mary Hanafin): Officials from my Department are currently examining the revised Stage 2 submission. On completion of this examination the Schools Board of Management will be kept informed of developments. The progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered on an ongoing basis in the context of my Department’s Multi- Annual School Building and Modernisation Programme.

Vocational Training Opportunities Scheme. 519. Deputy Damien English asked the Minister for Education and Science her plans to

737 Questions— 19 February 2008. Written Answers

[Deputy Damien English.] increase the meal allowance rate payable to VTOS learners; and if she will make a statement on the matter. [6645/08]

Minister for Education and Science (Deputy Mary Hanafin): The allowances for VTOS students for meals are equivalent to these paid to participants on FA´ S training courses. These allowances are increased periodically in line with increases in FA´ S rates. The current rates are in operation since 2002. There are no plans to increase them in the near future.

School Enrolments. 520. Deputy Brian Hayes asked the Minister for Education and Science her views on adopting the proposal (details supplied) where, in Catholic schools, up to a third of all places would be set aside for children of other denominations; if this proposal will be extended to other faith schools, particularly those schools that have recently been given approval to build; her further views on whether this policy will be a useful policy in terms of establishing or encouraging proper integration within the primary school system; and if she will make a statement on the matter. [6649/08]

Minister for Education and Science (Deputy Mary Hanafin): Enrolment policies in individual schools are the responsibility of the schools’ management authorities and provision is made for this under Section 15 of the Education Act 1998. While schools are required to implement an enrolment policy in accordance with the Education Act, regard must also be had to the ethos of the school and the preference of parents. Last December I announced further details of a new model of patronage at primary school level to be piloted from September 2008. The new community national school model reflects the impact of growing diversity in Irish society on the traditional structures for primary education provision. The model will aim to cater for the wishes of parents for denominational, multi-denominational and non-denominational education within the framework of a single patron model and single board of management structure. The pilot schools will be open to children of all religions and none and will aim to provide for religious education and faith formation during the school day for each of the main faith groups represented. A general ethics programme will also be available for children whose parents opt for that and the schools will operate through an ethos of inclusiveness and respect for all beliefs, both religious and non-religious. The model is not intended to replace the existing patron models but to provide an additional option, likely to be used particularly in growing areas. Three schools will be included in the initial pilot under the patronage of County Dublin Vocational Education Committee (VEC). The implementation of the new pilot patronage model has involved, and will continue to involve, consultations with the main patron bodies, management bodies and education partners.

Site Acquisition. 521. Deputy Enda Kenny asked the Minister for Education and Science if a site has been selected for the building of a school (details supplied) in County Dublin; and if she will make a statement on the matter. [6651/08]

Minister for Education and Science (Deputy Mary Hanafin): I presume the Deputy is referring to St. Finian’s National School, Newcastle, Co. Dublin. Officials in my Department are in active discussions with landowners regarding the acquisition of a site for the above mentioned school. When a suitable site has been identified its acquisition will be considered on the context of the School Building and Modernisation Programme.

738 Questions— 19 February 2008. Written Answers

Institutes of Technology. 522. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Athlone IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6656/08]

524. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Blanchardstown IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6658/08]

525. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Cork IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6659/08]

526. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Carlow IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6660/08]

528. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Dublin IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6662/08]

530. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Dundalk IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6664/08]

532. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Galway-Mayo IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6666/08]

533. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Art, Design and Technology, Dun Laoghaire; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6667/08]

534. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Letterkenny IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6668/08]

535. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Limerick IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6669/08]

739 Questions— 19 February 2008. Written Answers

550. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Sligo IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6686/08]

555. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Tallaght IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6691/08]

558. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Tralee IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6694/08]

565. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Waterford IT; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6701/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 522, 524 to 526, inclusive, 528, 530, 532 to 535, inclusive, 550, 555, 558 and 565 together. The Governing Body of each Institute of Technology consists of a Chairperson, 17 ordinary members (18 in the case of DIT) and the Director/President. The Chairperson is appointed by the Minister. The Director/President is ex officio a member of the Governing Body. Ordinary members are appointed by the Minister on the recommendation of the Vocational Education Committee in accordance with the following provisions:

1. Six members will be nominated by the VEC of which at least three will be from a local authority. If the region served by the Institute includes part of an area that is the functional area of another VEC the Minister may allow up to four of the nominations be made by these neighbouring VEC’s.

2. Two members of the academic staff of the Institute (one male and one female)

3. One non-academic member of staff of the Institute

4. Two students of the Institute (one male and one female)

5. One nominee of the Irish Congress of Trade Unions (ICTU)

6. Five people nominated by the VEC from businesses and organisations, chosen by the Academic Council of the Institute, that reflect the courses and activities of the Institute.In the case of DIT there is also a nominee of the University of Dublin (Trinity College)

Departmental Bodies. 523. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Ballsbridge College of Further Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6657/08]

740 Questions— 19 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): Ballsbridge College of Further Education is a college operating under the auspices of the City of Dublin Vocational Education Committee (CDVEC). I do not have any role in the appointment of members to the board of this organisation.

Question Nos. 524 to 526, inclusive, answered with Question No. 522.

527. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Dublin City University; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6661/08]

529. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Dublin Institute for Advanced Studies; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6663/08]

531. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Froebel College of Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6665/08]

537. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Marino Institute of Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6671/08]

538. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Mary Immaculate College; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6672/08]

539. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Mater Dei Institute of Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6673/08]

541. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National College of Art and Design; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6676/08]

542. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National College of Ireland; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6677/08]

543. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National Institute of Technology Management; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6678/08]

741 Questions— 19 February 2008. Written Answers

544. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National University of Ireland; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6679/08]

551. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of St Angela’s College; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6687/08]

552. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of St Catherine’s College of Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6688/08]

553. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of St Patrick’s College, Drumcondra; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6689/08]

554. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of St Patrick’s College Maynooth; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6690/08]

556. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Tipperary Institute; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6692/08]

557. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Tourism College Killybegs; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6693/08]

559. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Trinity College Dublin; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6695/08]

560. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of University College Dublin; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6696/08]

561. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of University College Cork; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6697/08]

562. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of University of Limerick; the number of whom are appointed by herself; the

742 Questions— 19 February 2008. Written Answers person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6698/08]

563. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of NUI Maynooth; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6699/08]

564. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of NUI Galway; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6700/08]

566. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Association for Higher Education Access and Disability; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6702/08]

568. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Institiu´ id Teangeolaı´ochta E´ ireann; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6704/08]

581. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Grangegorman Development Agency, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6717/08]

583. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Higher Education Authority, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6719/08]

585. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Irish Research Council for Science, Engineering and Technology, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6721/08]

586. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Irish Research Council for Humanities and Social Sciences, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6722/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 527, 529, 531, 537 to 539, inclusive, 541 to 544, inclusive, 551 to 554, inclusive, 556, 557, 559 to 564, inclusive, 566, 568, 581, 583, 585 and 586 together. The information sought in relation to the Dublin Institute for Advanced Studies is available on www.dias.ie. The information sought by the Deputy in relation to Dublin City University is available in the Universities Act, 1997. A copy of the Act is available to download from

743 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] www.irishstatutebook.ie. The information sought in relation to the Tipperary Institute is available on www.tippinst.ie. The information sought in relation to the Tourism College, Killybegs is available on www.tck.ie. The information sought by the Deputy in relation to Trinity College Dublin is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to University College Dublin is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to University College Cork is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to University of Limerick is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to NUI Maynooth is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to NUI Galway is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to the National University of Ireland is available in the Universities Act, 1997. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought by the Deputy in relation to the Higher Education Authority is available in the Higher Education Authority Act, 1971. A copy of the Act is available to download from www.irishstatutebook.ie. The information sought in relation to the Grangegorman Development Agency is available on www.grangegormandevelopmentagency.ie. The information sought in relation to the National College of Art and Design is available in the NCAD Act 1971. A copy of the Act is available to download from www.irishstatutebook.ie. I appoint the members of the Irish Research Council for Science, Engineering and Tech- nology, which has 15 members, and the Irish Research Council for Humanities and Social Sciences, which has 10 members (the Council then co-opts 2 further members). The National Institute of Technology Management is part of the Smurfit School of Business in UCD. I have no role in making appointments to the board of this organisation. St. Catherine’s College of Education was closed on 31 August 2007. Institiu´ id Teangeolaı´ochta E´ ireann is in liquidation. I have no role in making appointments to the boards of Mary Immaculate College, Froebel College, Marino Institute of Education, St. Angela’s College, St. Patrick’s College, Drumcondra or St. Patrick’s College Maynooth, Mater Dei Institute of Education, National College of Ireland and the Association for Higher Education Access and Disability.

Question No. 528 answered with Question No. 522.

Question No. 529 answered with Question No. 527.

Question No. 530 answered with Question No. 522.

Question No. 531 answered with Question No. 527.

Questions Nos. 532 to 535, inclusive, answered with Question No. 522.

Departmental Bodies. 536. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Advisory Council for English Language Schools Ltd; the purpose and role of this company; the date of its establishment; the level of equity held in this company by the State; the number of board members of this company; the number of whom are appointed by

744 Questions— 19 February 2008. Written Answers herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6670/08]

Minister for Education and Science (Deputy Mary Hanafin): The Board of Directors of the Advisory Council for English Language Schools Ltd (ACELS) comprises: A chairperson nominated by the Minister for Education and Science, 1 representative each from the Depart- ments of Education and Science, Justice, Equality and Law Reform, Foreign Affairs, Fa´ilte Ireland, Regional Tourism, the National Association of Teachers of English as a Foreign Lang- uage in Ireland and Enterprise Ireland, 3 representatives of the Recognised English Language Schools Association 1 independent academic nominated by the Minister for Education and Science. ACELS is a non-commercial entity. Further information in relation to the role, establishment date of ACELS is available on www.acels.ie.

Questions Nos. 537 to 539, inclusive, answered with Question No. 527.

540. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National Centre for Technology Education; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6674/08]

588. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the National Centre for Technology in Education, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6724/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 540 and 588 together. There is no Board of Management in the NCTE at present.

Questions Nos. 541 to 544, inclusive, answered with Question No. 527.

Royal Irish Academy. 545. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Royal Irish Academy; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6680/08]

546. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Royal Irish Academy of Music; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6681/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 545 and 546 together. The information sought by the Deputy is available on the websites of the Royal Irish Academy — www.ria.ie and the Royal Irish Academy of Music — www.riam.ie. I do not make any nominations to the governing bodies of these organisations.

745 Questions— 19 February 2008. Written Answers

Vocational Education Committees. 547. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Sallynoggin Training Ireland; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6683/08]

Minister for Education and Science (Deputy Mary Hanafin): I assume that the Deputy is referring to Sallynoggin College of Further Education. Sallynoggin College of Further Edu- cation is a college operating under the auspices of Dun Laoghaire VEC. I do not have any role in the appointment of members to the board of this organisation.

548. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Senior College Dun Laoghaire; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6684/08]

Minister for Education and Science (Deputy Mary Hanafin): Senior College Dun Laoghaire is a college operating under the auspices of Dun Laoghaire VEC. I do not have any role in the appointment of members to the board of this organisation.

National University of Ireland. 549. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Shannon College for Hotel Management; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6685/08]

Minister for Education and Science (Deputy Mary Hanafin): Shannon College of Hotel Man- agement is a college of the National University of Ireland. I do not have any role in the appointment of members to the board of this organisation.

Question No. 550 answered with Question No. 522.

Questions Nos. 551 to 554, inclusive, answered with Question No. 527.

Question No. 555 answered with Question No. 522.

Questions Nos. 556 and 557 answered with Question No. 527.

Question No. 558 answered with Question No. 522.

Questions Nos. 559 to 564, inclusive, answered with Question No. 527.

Question No. 565 answered with Question No. 522.

Question No. 566 answered with Question No. 527.

Cross-Border Projects. 567. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of the Centre for Cross Border Studies; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6703/08]

746 Questions— 19 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): The Centre for Cross Border Studies is a company limited by guarantee and is jointly owned by Queen’s University Belfast, Dublin City University and the Workers’ Educational Association (Northern Ireland). It is not funded by the Department of Education & Science and I have no role in the appointment of members to its board.

Question No. 568 answered with Question No. 527.

Departmental Bodies. 569. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Integrate Ireland Language and Training Limited; the purpose and role of this company; the date of its establishment; the level of equity held in this company by the State; the number of board members of this company; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6705/08]

Minister for Education and Science (Deputy Mary Hanafin): Integrate Ireland Language and Training was originally established as the Refugee Language Support Unit (RLSU) in March 1999. The RLSU was a two-year pilot project under the aegis of Trinity College Dublin, Centre for Language and Communication Studies. The primary function of the unit was to co-ordinate the provision of English language support for adult refugees admitted to Ireland. In September 2001 the RLSU became Integrate Ireland Language and Training Ltd, a not- for-profit campus company of Trinity College Dublin. The Board of Directors of IILT consists of four Trinity College directors, two Department of Education and Science directors and one FAS director.

570. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National Adult Learning Council; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6706/08]

Minister for Education and Science (Deputy Mary Hanafin): The outcome of the strategic review of NALC has been under consideration in my Department. I expect to be in a position soon to make a decision on the best way forward, taking full account of existing provision and structures.

571. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National Adult Literacy Agency; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6707/08]

574. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Teachers Arbitration Board; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6710/08]

577. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Centre for Early Childhood Development and Education, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6713/08]

747 Questions— 19 February 2008. Written Answers

579. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Education Finance Board, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6715/08]

580. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Commission on Further Education and Training Awards Council, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6716/08]

582. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Higher Education and Training Awards Council, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6718/08]

589. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the National Council for Curriculum and Assessment, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6726/08]

591. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the National Education Welfare Board, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6728/08]

592. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the National Qualifications Authority of Ireland, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6729/08]

593. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Residential Institution Redress Board, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6730/08]

594. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the State Examinations Commission, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6731/08]

596. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Teaching Council, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6733/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 571, 574, 577, 579, 580, 582, 589, 591, 592, 593, 594 and 596 together. The information sought in relation to the Teaching Council is available on www.teach- ingcouncil.ie.

748 Questions— 19 February 2008. Written Answers

The information sought in relation to the State Examinations Commission is available on www.examinations.ie. The information sought in relation to the Residential Institutions Redress Board’s is available on www.rirb.ie. The information sought in relation to the National Educational Welfare Board is available on www.newb.ie. The information sought in relation to the National Qualifications Authority of Ireland is available on www.nqai.ie. The information sought in relation to the National Council for Curriculum and Assessment is available on www.ncca.ie. The information sought in relation to the Further Education and Training Awards Council is available on www.fetac.ie The information sought in relation to the Higher Education and Training Awards Council is available on www.hetac.ie and in the Qualifications (Education and Training) Act 1999 available on www.irishstatutebook.ie The information sought in relation to the Education Finance Board is available on www.edu- cationfinanceboard.com The information sought in relation to the Teachers Arbitration Board is available on www.education.ie. The information sought in relation to the Centre for Early Childhood Development and Education is available on www.cecde.ie. The information sought in relation to the National Adult Literacy Agency is available on www.nala.ie.

572. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Registration Council; the number of whom are appointed by herself; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6708/08]

Minister for Education and Science (Deputy Mary Hanafin): In accordance with the provisions of the Teaching Council Act, the Registration Council was dissolved with effect from 28 March 2006, the date on which the Teaching Council was established.

573. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Scoil Net; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6709/08]

Minister for Education and Science (Deputy Mary Hanafin): Scoilnet is a website managed by the National Centre for Technology in Education (NCTE).

Question No. 574 answered with Question No. 571.

575. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of Educational Disadvantage Committee; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6711/08]

749 Questions— 19 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): Section 32 of the Education Act 1998 provides for the establishment and composition of the Educational Disadvantage Committee. This Section of the Act provides that up to half of the membership of the committee shall be appointed from nominees of voluntary and other bodies.

576. Deputy Leo Varadkar asked the Minister for Education and Science the number of board members of National Youth Work Advisory Council; the number of whom are appointed by her; the person by whom the remaining board members are appointed; and if she will make a statement on the matter. [6712/08]

587. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to Le´argas, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6723/08]

595. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the President’s Award — Gaisce, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6732/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 576, 587 and 595 together. The Memorandum and Articles of Association of Gaisce provide for the Minister for Edu- cation and Science to appoint the members of the Gaisce Council. The Memorandum and Articles of Association provide for a Council of 15 members. All appointments to the Board of Leárgas — the Exchange Bureau are made by the Minister for Education and Science under the Memorandum and Articles of Association of Leárgas. The Board of Leárgas has nine serving members and two vacancies at present. The information sought in relation to the National Youth Work Advisory Council is covered in Section 18 of the Youth Work Act 2001. A copy of the Act can be downloaded from www.irishstatutebook.ie.

Question No. 577 answered with Question No. 571.

578. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the Commission on School Accommodation Needs, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6714/08]

Minister for Education and Science (Deputy Mary Hanafin): The Commission on School Accommodation was set up in 1996 with the objective of informing national policy decisions on school provision at primary and post primary levels. It consists of a Secretariat, a Technical Group supporting the work of the Secretariat and a Steering Group representative of the partners in education.

Questions Nos. 579 and 580 answered with Question No. 571.

Question No. 581 answered with Question No. 527.

Question No. 582 answered with Question No. 571.

750 Questions— 19 February 2008. Written Answers

Question No. 583 answered with Question No. 527.

584. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the International Education Board Ireland, the number of members of the board of this body; the number of whom are appointed by her; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6720/08]

Minister for Education and Science (Deputy Mary Hanafin): The management committee of the International Education Board of Ireland (IEBI) has a membership of 20, including representation from my Department, the Higher Education Authority, other relevant education sector interests, and other relevant Government departments and agencies including Enterprise Ireland and Fa´ilte Ireland. I appoint one official from my Department to sit on this management committee. Other members of the committee are appointed by the other stakeholders, including:

• the Universities, which appoint 7 members;

• Institutes of Technology Ireland, which appoints 3 members;

• Royal College of Surgeons in Ireland, which appoints 1 member;

• Higher Education Colleges Association, a consortium of independent third level colleges, which appoints 1 member;

• MEI RELSA, an association of 65 language schools, which appoints 1 member;

• Dublin Institute of Technology, which appoints 1 member;

• Department of Foreign Affairs which appoints 1 member;

• Higher Education Authority, which appoints 1 member;

•Fa´ilte Ireland, which appoints 1 member;

• Enterprise Ireland, which appoints 1 member;

• Irish Council for International Students, which appoints 1 member.

Questions Nos. 585 and 586 answered with Question No. 527.

Question No. 587 answered with Question No. 576.

Question No. 588 answered with Question No. 540.

Question No. 589 answered with Question No. 571.

590. Deputy Leo Varadkar asked the Minister for Education and Science if she will provide with regard to the National Council for Special Education, the number of members of the board of this body; the number of whom are appointed by herself; the person by whom the remaining members are appointed; and if she will make a statement on the matter. [6727/08]

Minister for Education and Science (Deputy Mary Hanafin): The National Council for Special Education is appointed in accordance with Section 21 of the Education for Persons with Special Educational Needs Act 2004 which requires that the chairperson and 12 ordinary

751 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] members of the Council are appointed by the Minister from among persons who have a special interest in, or knowledge relating to, the education of children with special educational needs. Before making appointments to the Council, the Minister is required to consult with national associations of parents, recognised trade unions and staff associations representing teachers and principals of schools, and recognised school management organisations with a view, where the Minister considers it appropriate to do so, to appointing as members of the Council persons nominated for such appointment by those associations, trade unions and organisations, but the number of nominees of those associations, trade unions and organisations (taken as a whole) that may be so appointed shall not exceed 4. The Minister is required to appoint 2 members to the Council from among persons nominated for such appointment by the National Disability Authority and 1 member from among persons nominated for such appointment by the Minister for Health and Children.

Questions Nos. 591 to 594, inclusive, answered with Question No. 571.

Question No. 595 answered with Question No. 576.

Question No. 596 answered with Question No. 571.

Schools Building Projects. 597. Deputy Niall Collins asked the Minister for Education and Science when the next schedule of schools to proceed to tender and construction stage will be published. [6736/08]

Minister for Education and Science (Deputy Mary Hanafin): In my most recent announcement on the 2008 large-scale building programme, I approved 48 projects to commence construction including 30 new primary schools in rapidly developing areas that are planned to be in place by next September under an accelerated building programme. My Department also has other projects coming on stream to the tendering and construction stages and I will be making further announcements about these as the 2008 school building programme is rolled out. My next announcement of schools to go to tender and construction will be after Easter. I assure the Deputy that through both increased investment under the NDP and the improved planning and delivery processes that we have put in place in recent years, the Govern- ment will ensure that school accommodation needs will be met.

School Absenteeism. 598. Deputy John O’Mahony asked the Minister for Education and Science further to a previous parliamentary question the action that is being taken to combat the levels of absenteeism in Mayo schools; and if she will make a statement on the matter. [6751/08]

Minister for Education and Science (Deputy Mary Hanafin): The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education. Under the terms of the Education (Welfare) Act, 2000, one of the functions of the Board is to conduct and commission research into the reasons for non-attendance on the part of students

752 Questions— 19 February 2008. Written Answers and into the strategies and programmes designed to prevent it. Ongoing activities of the Board include the development of a Code of Behaviour Guidelines and Attendance Strategies for Schools. As detailed in my earlier response on this matter analysis of data for Co Mayo in 2004/05 indicates that in the Primary Sector 9.2% of pupils were absent for 20 days or more, while at Post Primary level the corresponding figure was 17.1%. These figures compare favourably with the national average for pupils absent for more than 20 days which is 10% at primary level and 18.8% at post primary level. I am informed by the NEWB that there is currently one Edu- cational Welfare Officer assigned to the Mayo area and that an extra half post is to be allocated to the area pending the completion of the recruitment process currently underway for the 15 additional posts allocated to the Board last year. This government is determined to do all that is possible to ensure that every child gets all the opportunities and support they need to enable them to achieve their potential and participate fully in education. It must be remembered also that the service provided by the NEWB is just one aspect of the comprehensive framework that this Government has put in place to support schools, families and young people themselves. In this regard, extra supports targeted at young people in disadvantaged areas include both educational initiatives such as intensive literacy programmes and the provision of breakfast and homework clubs. In fact, in addition to the NEWB, there are currently in excess of 620 staff within the education sector in education disadvantage programmes of which over 130 are additional posts allocated under DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion which provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). The School Completion Prog- ramme (SCP) is a preventative measure designed to combat issues of poor attendance and early school leaving. School attendance is a central objective of SCP with targeted interventions for children at risk of early school leaving through a variety of extra supports aimed at encouraging them to stay in school. These supports cover both educational and non-educational interventions and are provided during and outside of school time. The Home School Community Liaison Scheme (HSCL) works to involve parents in their children’s education which is a crucial component in convincing young people of the value of education. Work is ongoing to develop appropriate protocols for all agencies and services to work together in collaboration. This approach aims to develop the delivery of services in a cohesive way and ensure that optimum use is made of all resources deployed including the resources of the NEWB.

Departmental Funding. 599. Deputy Brian O’Shea asked the Minister for Education and Science the assistance her Department can give an organisation (details supplied) in County Waterford in regard to funding; and if she will make a statement on the matter. [6754/08]

Minister for Education and Science (Deputy Mary Hanafin): The Department of Education and Science is committed to funding the provision of PE, general purpose and outdoor play areas in schools as part of the schools’ capital investment programme. Applications for the provision of PE or sports facilities in existing schools are considered in the context of all other applications on hand for capital investment e.g. applications for new schools; refurbishment projects; extensions; new sites; remediation programmes and so on. The provision of sports

753 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] facilities will be done in the context of available resources and the published criteria for prioritising school building projects.

Special Educational Needs. 600. Deputy Bernard J. Durkan asked the Minister for Education and Science when a special needs assistant will be arranged for a person (details supplied) in County Kildare who is in urgent need of same; and if she will make a statement on the matter. [6786/08]

Minister for Education and Science (Deputy Mary Hanafin): As the Deputy may be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. My officials have been in contact with the NCSE regarding an application for special needs assistant support for the pupil referred to by the Deputy. The NCSE has confirmed that the SENO has received an application for such support from the school. The SENO has requested additional information from the school in support of the application. On receipt of this information the SENO will be in a position to convey a decision on the application directly to the school authorities.

Physical Education Facilities. 601. Deputy Tom Hayes asked the Minister for Education and Science the percentage of the funding package worth \6.5 million announced in 2006 for the sole purpose of replacing and upgrading physical education equipment that has been allocated; the amount that has been spent;and the schools that benefitted from the funding in Tipperary south. [6810/08]

Minister for Education and Science (Deputy Mary Hanafin): I wish to inform the Deputy that primary schools received \2,000 each in PE equipment grants in 2006, at a total cost of \6.5 million. A similar grant of \4,000 per pupil, at an overall cost of around \3 million, issued to post-primary schools in 2007. These grants issued to all recognised primary and post- primary schools. In addition, since 2000 my Department has provided in excess of \5.5m in grant-aid to primary schools to facilitate the provision of coaching or mentoring in connection with physical education or to purchase resource materials associated with the provision of physical education. Such materials and equipment would normally have a useful life of several years.

Teaching Qualifications. 602. Deputy Joe Costello asked the Minister for Education and Science if she will respond to correspondence (details supplied); and if she will make a statement on the matter. [6837/08]

Minister for Education and Science (Deputy Mary Hanafin): Under the Lisbon Convention and the EU Directive on Mutual Recognition of professional qualifications, Ireland is committed to giving appropriate recognition to qualifications from other countries. In Ireland, the teaching profession is regulated for the purposes of employment as a teacher. EU Directive 2005/36/EC on the recognition of professional qualifications came into force on 20th October 2007 and ensures that professionals from any of the EU member states proposing to enter a regulated profession will have their qualifications and experience recognised appropriately. The Teaching Council of Ireland is the competent authority for the regulation of the

754 Questions— 19 February 2008. Written Answers teaching profession in Ireland and holds the register of teachers approved to teach in publicly funded schools in the State. As a general principle, persons recognised to practice a regulated profession in their Member State of origin must be given recognition to practice that profession in a host EU Member State. However if there are shortfalls or significant gaps in the applicant’s qualifications or experience vis a vis those required in the host Member State, the host State may require a compensatory measure — either an aptitude test or an adaptation period under supervised practice which addresses the shortfall. Therefore, such qualifications are examined on a case by case basis by the Teaching Council to ensure that the person concerned is appropriately qualified to teach in Irish schools. This is in line with normal practice under the EU Directive. Neither I nor my Department are involved in the processing of such applications and I do not intend to intervene in this case.

Special Educational Needs. 603. Deputy Finian McGrath asked the Minister for Education and Science if she will support proposals (details supplied) to tackle educational disadvantage. [6845/08]

Minister for Education and Science (Deputy Mary Hanafin): With the launch of DEIS (the Action Plan for Educational Inclusion) in 2005, my Department has redoubled its efforts in addressing the challenging issues of social exclusion and educational disadvantage. The social partnership agreement Towards 2016, the National Action Plan for Social Inclusion 2007-16 and the social inclusion chapter of the National Development Plan provide an integrated and cohesive strategic focus for developing and implementing policies to tackle such issues and aim to ensure effective and joined-up delivery of social inclusion programmes and services. They also adopt a lifecycle approach in addressing issues of social exclusion, including educational disadvantage, in the context of a ten year framework. The long term perspective of these developments includes the setting of realistic high-level goals, their focus on the lifecycle and on coherent and integrated responses that can be effectively monitored. They effectively provide the framework for addressing the key educational and social challenges that individuals’ face and the supports available to them at each stage in the lifecycle. The various intervention measures of the past 15 years have focused in particular on providing additional human and financial resources to address such issues as early education, literacy, the role of the family and the community in education and the problems associated with early school leaving. In addition there have been significant supports put in place for back to education initiatives, adult literacy, youth and greater access to further and higher education. The DEIS action plan for educational inclusion both prefigured and is an integral part of the new integrated approach being adopted at national level to address problems of social exclusion and disadvantage. The action plan provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme. DEIS brings together, and builds upon, a number of existing supports in schools where there is a concentrated level of disadvantage. DEIS represents a shift in emphasis away from individual initiatives, each addressing a particular aspect of the problem and adopts a multi-faceted and more integrated approach. Also central to the success of the action plan will be an increased emphasis on planning at school and school cluster level, target-setting and measurement of progress and outcomes to

755 Questions— 19 February 2008. Written Answers

[Deputy Mary Hanafin.] ensure that the increased investment is matched by an improvement in educational outcomes for the children and young people concerned. The DEIS action plan, which is being implemented over a five year period to 2010, addresses many of the issues raised by the correspondent. The plan is comprehensive in its approach to early education, transition from primary to second-level, the role of the family and community, literacy and numeracy, attendance and early school leaving, teacher retention and development and the active participation of children in their own development.

Schools Building Projects. 604. Deputy John Perry asked the Minister for Education and Science the reason funding has not been allocated by her Department for a new school project (details supplied) in County Sligo; if her attention has been drawn to the totally unsuitable conditions and facilities that prevail at the school; if she will give an undertaking to have funding provided for this school as a matter of the utmost urgency; and if she will make a statement on the matter. [6850/08]

Minister for Education and Science (Deputy Mary Hanafin): The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme in which the main focus is to deliver school places within rapidly developing areas. The progression of all school building projects will be considered in this context.

Regulatory Authorities. 605. Deputy Sea´n Sherlock asked the Minister for Education and Science the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if she will make a statement on the matter. [7017/08]

Minister for Education and Science (Deputy Mary Hanafin): The information requested by the Deputy in respect of the Department of Education and Science and agencies operating under its aegis is contained on the following spreadsheet.

Agency 2006 2007 Provisional Outturn

\ million

D/Education & Science — Administration costs 74.52 81.15 FETAC: Further Education & Training Awards Council 6.53 6.49 HEA: Higher Education Authority 5.73 5.94 HETAC: Higher Education & Training Awards Council 2.40 2.47 National Education Welfare Board 8.58 10.12 National Qualifications Authority of Ireland 2.05 2.26 State Examinations Commission 60.89 64.88 National Council for Special Education 7.82 8.92

Percent for Art Scheme. 606. Deputy Olivia Mitchell asked the Minister for Defence the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5964/08] 756 Questions— 19 February 2008. Written Answers

Minister for Defence (Deputy Willie O’Dea): From 2002 to date no monies have been drawn down by my Department under the Per Cent for Arts Scheme.

Departmental Funding. 607. Deputy Olivia Mitchell asked the Minister for Defence the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5979/08]

Minister for Defence (Deputy Willie O’Dea): My Department is engaged in an on-going capital building programme designed to modernise and enhance the training, operational and accommodation facilities available to the Defence Forces both Permanent and Reserve. The programme focuses mainly on infrastructural projects comprising the construction of new buildings and the refurbishment of existing buildings. The number of Capital Projects (over \500,000) funded each year since 2002 is as follows;Capital Projects over \500,000

Year Number of Projects

2002 17 2003 7 2004 10 2005 11 2006 10 2007 12 2008 1

The Per Cent for Art Scheme is a scheme approved by Government that allows Government Departments and public bodies (to spend up to 1% of the budget for each their capital construction projects on “Public Art”, subject to certain limits and conditions). In discharging its responsibility under the Per Cent for Arts Scheme, my Department has commissioned the artist Brian King to design A National Memorial to Members of the Defence Forces who died in Service. I expect it will be completed in June 2008. The Memorial will be located in Merrion Square in Dublin. The overall cost of this will be in excess of \250,000. My Department has also contributed funding under the Per Cent for Art Scheme for the design and erection of a memorial plaque in Sligo town to commemorate local Defence Forces Personnel who were peacekeepers in the Lebanon, the project is just recently completed and is due to be unveiled in the coming weeks. The project has been undertaken in collaboration with Sligo County Council and the military authorities. The Deputy will appreciate the limited scope my Department has to provide “Public Art” given that access to military installations is normally restricted for security reasons. That said, my Department will continue to discharge its responsibilities under the scheme and actively seeks to identify suitable projects which will benefit both the public and the artists engaged to produce them within the provisions of the scheme.

Financial Management Systems. 608. Deputy Brian Hayes asked the Minister for Defence the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5995/08] 757 Questions— 19 February 2008. Written Answers

Minister for Defence (Deputy Willie O’Dea): My Department has a single fully integrated financial management system, the Oracle e-Business Suite, which services the requirements of both the Department and the Defence Forces. The system includes a number of modules such as Purchasing, Inventory, Accounts Payable and Receivable, General Ledger and Asset Management. Each module requires software update and product support licences while the associated technical architecture also requires database update and support licences. The overall financial management system was provided by Oracle EMEA Ltd and is licensed with that Company. The annual cost of maintaining the application software and database relating to the application is of the order of \0.736m including VAT.

Departmental Properties. 609. Deputy Michael McGrath asked the Minister for Defence his plans for the future of properties (details supplied) owned by his Department in County Cork. [6378/08]

Minister for Defence (Deputy Willie O’Dea): The property in question is vested in the Mini- ster for Finance. It comprises 3.5 acres approximately and includes four houses formerly used as married quarters for the Defence Forces. The Office of Public Works is in the process of disposing of the property.

Equity Stake. 610. Deputy Leo Varadkar asked the Minister for Defence the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6629/08]

Minister for Defence (Deputy Willie O’Dea): My Department does not hold an equity stake in any company.

EU Summits. 611. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he has had discussions with his EU colleagues in the context of European defence or security; and if he will make a statement on the matter. [6776/08]

Minister for Defence (Deputy Willie O’Dea): I am constantly in touch with my EU colleagues both in the context of European Defence and Security and other matters. Two (2) official meeting of EU Defence Ministers are held during each six (6) month EU Presidency. These present the opportunity to engage in bi-lateral meetings with my Defence colleagues. The most recent meeting was the General Affairs and External Relations Council (GAERC) meeting in Brussels on 19 November 2007. I attended this meeting where the discussions covered a wide range of European Defence and Security issues. I am also kept abreast of issues arising from meetings which officials from my Department attend to discuss European Defence and Security. I also avail of other opportunities to facilitate discussions with my EU colleagues. During my visit to Sweden on 7 November 2007 to attend the Final Exercise (FINEX) of the Nordic Battlegroup, I held discussions with the Defence Ministers of Sweden, Finland, Norway and Estonia, the other four nations contributing to the Battlegroup.

Overseas Missions. 612. Deputy Bernard J. Durkan asked the Minister for Defence the full extent of possible locations to which EU battlegroups or RAPID response forces are expected to be deployed; if

758 Questions— 19 February 2008. Written Answers all such deployments require UN approval; and if he will make a statement on the matter. [6777/08]

Minister for Defence (Deputy Willie O’Dea): In the Headline Goal 2010, the EU set itself the objective inter alia, of being able “to respond with rapid and decisive action applying a fully coherent approach to the whole spectrum of crisis management operations covered by the Treaty on the European Union”. A key element of the Headline Goal is the capability to deploy forces at high readiness, broadly based on the Battlegroups concept. A Battlegroup is designed to respond rapidly either as a standalone force, as an initial stabilisation force for larger follow-on operations, or as a reinforcing force. It comprises approximately 1,500 personnel with a readiness to deploy within 5 to 10 days after the decision to launch an operation is taken. It is deployable for up to 120 days at a distance of up to 6,000 kilometres from Brussels. The purpose of the EU Battlegroups is to undertake operations (commonly referred to as the Petersberg Tasks which are set out in the Amsterdam Treaty) such as rescue tasks, tasks of combat forces in crisis management, including peacemaking, in addition to peacekeeping and humanitarian tasks. Battlegroups could be deployed on operations at the higher end of the Petersburg spectrum — i.e. robust peacemaking and high intensity combat operations. In November 2006, the Government formally approved the arrangements for Ireland’s participation in the Nordic Battlegroup (NBG). The other members of the Nordic Battlegroup are Sweden, Norway, Finland and Estonia. The Nordic Battlegroup will be on standby until 30 June 2008. Due to the very nature of an EU Battlegroup it is very hard to give the full extent of possible locations to which EU Battlegroups or RAPID response forces could expect to be deployed. The participation in a Battlegroup operation remains a national sovereign decision, which is made on a case-by-case basis. In the event that Ireland was to participate in a Nordic Battle- group operation, we would be the only participant with a legal requirement for a UN Mandate. However, many Member States acknowledge that it would be politically desirable, if not a political imperative, to have a UN Mandate for any Battlegroup deployment.

Question Nos. 613 to 615, inclusive, answered with Question No. 112.

Question No. 616 answered with Question No. 145.

Search and Rescue Service. 617. Deputy Bernard J. Durkan asked the Minister for Defence if it is intended to increase the strength of coastal surveillance and defence with particular reference to the need for increased air and sea rescue services and coastal surveillance to combat drug trafficking; and if he will make a statement on the matter. [6782/08]

Minister for Defence (Deputy Willie O’Dea): The White Paper on Defence of February 2000 sets out a figure of 10,500 personnel for the Permanent Defence Force, comprising 930 for the Air Corps, 1,144 for the Naval Service and 8,426 for the Army. The strength of the Permanent Defence Force on 31 December 2007, as advised by the military authorities, was 10,434. This comprises 8,512 in the Army, 845 in the Air Corps and 1,077 in the Naval Service. It is intended to maintain the established Government policy of ongoing recruitment to the Defence Forces. Recruitment into the Permanent Defence Force will continue to maintain the strength at a level required to meet military needs and as set out in the White Paper i.e. 10,500 Permanent Defence Force all ranks. The Government remains fully committed to the policy of ongoing recruitment to ensure that an overall PDF strength of 10,500 is maintained.

759 Questions— 19 February 2008. Written Answers

[Deputy Willie O’Dea.]

The Naval Service provides the maritime element of the Defence Forces and has a general responsibility to meet contingent and actual maritime defence requirements. The Naval Service operates eight general purpose patrol ships. All eight ships are involved in coastal and offshore patrolling and surveillance for the State in that part of the seas where State jurisdiction applies. The Naval Service provides a fishery protection service in accordance with the State’s obligations as a member of the European Union. The Service is tasked with patrolling all Irish waters from the shoreline to the outer limits of the Exclusive Fishery Limits. At present, fishery protection activity accounts for roughly 90% of all Naval Service patrol time. However, as the need arises, Naval Service vessels may be deployed to other duties such as aid to the civil power, search and rescue, drug interdiction operations and assistance with pollution control. The current Exclusive Fishery Limits extend to 200 miles offshore and cover an area of 132,000 nautical square miles. The Naval Service currently patrols the entire 200 mile limit and periodically patrols beyond these limits to protect specific fisheries. These patrols are carried out on a regular and frequent basis and are directed to all areas of Irish waters as necessary. The number of Patrol Vessels on patrol in Irish waters at any one time varies between three and seven. The Naval Service is committed to having at least three vessels on patrol within the Irish Exclusive Economic Zone at any one time. Naval Service patrols are complemented by assistance provided by the Air Corps. The Air Corps Maritime Squadron carries out aerial surveillance of territorial waters using the two CASA maritime patrol aircraft. The Irish Coast Guard has overall responsibility for the provision of maritime Search and Rescue services within the Irish Search and Rescue region. In accordance with the roles assigned to them by Government in the White Paper on Defence, the Defence Forces are committed to providing support to the civil authorities including in relation to Search and Rescue. In this regard, the Naval Service and Air Corps provide support to the Coast Guard as the need arises and within their available capability. Responsibility for the prevention of drug trafficking rests primarily with An Garda Sıóchańa and the Revenue Commissioners. However, the White Paper on Defence provides for a security role for the Naval Service and the Air Corps to assist and support the civil authorities in this important work. Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a Joint Task Force involving An Garda Sıóchańa, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking. The Air Corps provide air support and, on occasion, carry the Customs National Drugs Team in an observational capacity for the purpose of monitoring vessels suspected of drug trafficking and other illegal activities. There is close co-operation between the civil authorities and the Naval Service and the Air Corps in discharging this important mission. I am satisfied that the Permanent Defence Force is fully resourced to meet all its operational requirements.

Defence Forces Equipment. 618. Deputy Bernard J. Durkan asked the Minister for Defence if the training and equipment available to Irish troops expected to serve overseas is in keeping with the best international standards and practices; and if he will make a statement on the matter. [6783/08]

Minister for Defence (Deputy Willie O’Dea): As the Deputy will be aware, significant investment has been made in Defence Forces equipment in recent years to provide them with the most modern equipment to undertake tasks assigned to them by Government. The equipment issued to the Defence Forces is in keeping with the most modern requirements and the highest

760 Questions— 19 February 2008. Written Answers international standards. On-going investment in the Defence Forces will ensure that this remains to be the case and will continue to be a key focus for me as Minister for Defence. The net result is that Defence Forces personnel serving both at home and on overseas missions are equipped with the most modern and effective equipment, including body armour and breathing apparatus. This equipment enables troops to carry out the mission assigned, as well as providing the required protection specific to the mission. In the case of the EU mission to Chad and the Central African Republic, the Defence Forces will deploy a full range of Force Protection assets. This equipment will include Mowag APCs, armoured vehicle, Close Reconnaissance Vehicles and indirect fire capabilities. On-going threat assessments are carried out in mission areas and a continuous review process on both personal equipment and force assets is in place to ensure that Defence Forces personnel are appropriately equipped to fulfil their roles in specific missions. Troops selected for overseas service undergo a rigorous programme of training designed to help them carry out their peacekeeping mission and to provide for their protection. Pre-deployment training is provided to members of the Permanent Defence Force and is updated in the light of any change in the threat assessment. Prior to deployment on missions, training packages, including realistic Mission Readiness Exercises, are conducted and validated to ensure that units are thoroughly prepared.

Overseas Missions. 619. Deputy Bernard J. Durkan asked the Minister for Defence the full intended strength of members of the Army, Navy and Air-Corp expected to serve overseas on UN or EU missions in the next 12 months; and if he will make a statement on the matter. [6784/08]

Minister for Defence (Deputy Willie O’Dea): As of 1 February 2008, a total of 427 members of the Permanent Defence Force is serving overseas. Of the 427 currently serving overseas, 413 are Army personnel, 8 are Air Corps personnel and 6 are members of the Naval Service. The deployment of some 50 Army Ranger Wing (ARW) personnel to the European Union military mission to Chad and the Central African Republic, EUFOR TCHAD/RCA is scheduled to take place tomorrow. It is expected that the main deployment of some 400 Irish troops to the mission area will be completed by mid to late May 2008. This will bring the overall number of Defence Forces personnel serving overseas to 870 approximately.

Defence Forces Equipment. 620. Deputy Bernard J. Durkan asked the Minister for Defence if he has satisfied himself that all military hardware and equipment is sufficiently updated in line with modern requirements; and if he will make a statement on the matter. [6785/08]

Minister for Defence (Deputy Willie O’Dea): The ongoing equipment modernisation programme ensures that the Defence Forces are fully equipped with the most modern of equipment for their day-to-day roles at home and on overseas missions. The equipment issued to the Defence Forces is in keeping with the most modern standards. Continual investment in the Defence Forces will ensure that this remains to be the case.

Defence Forces Property. 621. Deputy Dinny McGinley asked the Minister for Defence if there are plans to develop or expand facilities at Finner and Lifford Army installations in County Donegal; and if he will make a statement on the matter. [6843/08]

761 Questions— 19 February 2008. Written Answers

Minister for Defence (Deputy Willie O’Dea): There is on-going monitoring of Defence Forces facilities to ensure they are adequate to meet military requirements. To supplement this my Department is engaged in an on-going capital building programme designed to modernise and enhance the training, operational and accommodation facilities available to the Defence Forces both Permanent and Reserve. The programme focuses mainly on infrastructural projects comprising the construction of new buildings and the refurbishment of existing buildings. In Finner at present, there is a significant project on-going which involves the upgrading of three Accommodation Billets. This is the second phase of an upgrade programme. The cost of this phase is approximately \1m. It is expected that this project will be completed by June 2008. Another significant project planned for Finner as part of the Capital Programme is the Con- struction of a Security and Administration Complex at an estimated cost of \3.5m. The new facility will comprise a new Head Quarters for the 28th Infantry Battalion, a Guardroom and an Armory. It is expected that a competition for the engagement of a design team will be run shortly. No other significant works are planned for either Finner or Lifford, but some smaller maintenance type works may be undertaken at local level.

Regulatory Authorities. 622. Deputy Sea´n Sherlock asked the Minister for Defence the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7016/08]

Minister for Defence (Deputy Willie O’Dea): There is no regulator or regulatory authority under the remit of my Department.

Residency Permits. 623. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of applications for long term residency that have been granted and the number that have been refused, for each month since January 2007. [5954/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The statistics for long term residency requested by the Deputy are as follows:

Granted Refused

2007 January 48 19 February 98 26 March 33 8 April 30 17 May 126 17 June 95 11 July 119 29 August 11 7 September 1 5 October 8 2 November 21 33 December 5 15

2008 January 67 23 February (Up to 15/02) 35 17

762 Questions— 19 February 2008. Written Answers

Percent for Art Scheme. 624. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5971/08]

625. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the Percent for Art grant was drawn down; and if he will make a statement on the matter. [5986/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 624 and 625 together. I can inform the Deputy that, in the main, such capital building projects which are carried in respect of my Department, and most of the agencies under its aegis, are carried out by the Office of Public Works, who would oversee in that context any associated expenditure on artworks. Insofar as the Irish Prison Service and the Courts Service is concerned, the information requested is not readily available and the bodies in question will respond directly to the Deputy in due course.

Visa Applications. 626. Deputy John Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application by a person (details supplied) on behalf of their spouse. [5990/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in respect of her spouse in May 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking up to 24 months to process.

Financial Management Systems. 627. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [6002/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): My Department has one financial management system which was provided by Oracle EMEA Ltd. The annual cost in 2007 under the licence agreement with Oracle for the maintenance of the software amounted to \99,293 in respect of its use by my Department.

Garda Recruitment. 628. Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform the number of people between the age of thirty and thirty five years of age who have applied to join the Gardaı´ in the past few twelve months; the number of those who have been taken

763 Questions— 19 February 2008. Written Answers

[Deputy Seymour Crawford.] into training; the way this compares to the percentage of those under thirty taken in; and if he will make a statement on the matter. [6035/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have requested the information sought from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Visa Applications. 629. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [6088/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Immigration Division of my Department that the person concerned has permission to remain in the State until the 22nd February 2008 as the dependant spouse of a working visa holder. The conditions of this permission to remain do not entitle her to enter employment in the State. However, if she wishes to enter employment in the State it is open to her to contact the Work Permit Section of the Department of Enterprise, Trade & Employment in relation to the spousal work permit scheme. If she wishes to study in the State she needs to leave the State and re-enter on the appropriate visa.

Citizenship Applications. 630. Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the reason persons (details supplied) in County Cork, who applied for long term residency here in June 2006 have not received a decision on their application; and if he will make a statement on the matter. [6095/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Officials in the Long Term Residency section of my Department inform me that there is no record of applications for Long Term Residency from the persons referred to in the Deputy’s Question. Applications for certificates of naturalisation from the persons in question were received in the Citizenship Section of my Department in June 2006. Officials in that Section are currently processing applications received in the middle of 2005 and have approximately 5,300 applications on hand to be dealt with before those of the person’s concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely therefore, that further processing of the applications will commence towards the end of 2008. I will inform the Deputy and the individuals in question when a decision is reached in both cases.

Visa Applications. 631. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [6104/08]

764 Questions— 19 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person referred to by the Deputy attended his local Immigration Office on the 8th January 2008 and was granted permission to remain on Student conditions until 31st December 2008.

632. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps, to have an application fora visa in respect of a person (details supplied), who wishes to visit this country, immediately expedited, particularly in the context where this person has visited this country for two previous three month stays, during which they abided by all rules and regulations governing the granting of such visas; and if he will make a statement on the matter. [6107/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am pleased to inform the Deputy that the application referred to was approved on 5 February 2008.

Departmental Expenditure. 633. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of cases, initiated in the High Court and naming himself as a respondent, relating to judicial reviews of immigration and asylum application decisions,that were settled by the respondent in 2007 before a judgment was delivered by the court; and the total amount of settlement costs to be met by the respondent as a result of these settlements. [6108/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The following figures refer to Judicial Reviews challenging the validity of Deportation Orders or Transfer Orders in the Repatriation Section of INIS.

JRs challenging the validity of Deportation Orders or Transfer Orders that were settled in 2007. 96

Legal Fees paid \752,437.00

634. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the amounts paid in terms of fees and expenses to each person who served as a member of the Refugee Appeals Tribunal for 2006 and 2007; and if he will make a statement on the matter. [6109/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The information requested by the Deputy in relation to the amount paid, in terms of fees and expenses, to each serving Member of the Refugee Appeals Tribunal for 2006 and 2007, is set out in tabular format as follows.

Tribunal Member Fees Expenses Total

\\\

2006 Eamonn Cahill, SC 39,926.67 483.78 40,410.45 Eamonn Barnes, BL 20,014.64 0.00 20,014.64 Donal Egan, BL 32,340.28 0.00 32,340.28 Patrick Hurley, Solr 44,608.27 703.99 45,312.26 Bernadette Cronin, SC 25,061.53 0.00 25,061.53 Michael O’Kennedy 51,959.23 0.00 51,959.23 Olive Brennan, BL 92,093.10 954.57 93,047.67

765 Questions— 19 February 2008. Written Answers

[Deputy Brian Lenihan.] Tribunal Member Fees Expenses Total \\\ Michelle O’Gorman, BL 73,984.85 1,882.63 75,867.48 David Andrews, SC 63,273.63 0.00 63,273.63 Ben Garvey, BL 72,852.19 489.57 73,341.76 Joseph Barnes, BL 1,417.53 0.00 1,417.53 Paul A. McGarry, BL 30,256.05 0.00 30,256.05 Bruce St John Blake, Solr 10,710.79 0.00 10,710.79 Denis Linehan, Solr 35,017.40 0.00 35,017.40 Anne Tait, Solr 13,125.40 0.00 13,125.40 John Hayes, Solr 13,567.67 0.00 13,567.67 Bernard MacCabe, BL 60,370.47 126.28 60,496.75 Ricardo Dourado, BL 29,264.17 0.00 29,264.17 Elizabeth O’Brien, BL 99,335.56 0.00 99,335.56 Susan Nolan, Solr 31,648.62 467.94 32,116.56 Samantha Cruess Callaghan, BL 19,215.41 0.00 19,215.41 Margaret Levey, BL 38,907.41 0.00 38,907.41 Judy Blake, BL 7,389.03 0.00 7,389.03 Sean Deegan, BL 14,274.00 0.00 14,274.00 David Goldberg, SC 10,884.76 0.00 10,884.76 Mary E Laverty, SC 9,880.86 0.00 9,880.86 Des Zaidan, BL 66,562.42 448.15 67,010.57 Rory McCabe 35,345.32 2,651.40 37,996.72 David McHugh, BL 58,915.51 390.59 59,306.10 Aidan Eames, Solr 9,275.26 0.00 9,275.26 Declan McHugh 21,355.07 0.00 21,355.07 Jim Nicholson, BL 71,015.06 195.02 71,210.08 Noel Whelan 6,010.60 0.00 6,010.60

Total 1,209,858.76 8,793.92 1,218,652.68

2007 Eamonn Cahill, SC 44,155.24 5,772.39 49,927.63 Eamonn Barnes, BL 3,021.75 0.00 3,021.75 Donal Egan, BL 13,571.90 0.00 13,571.90 Patrick Hurley, Solr 20,012.65 882.00 20,894.65 Bernadette Cronin, SC 3,938.25 0.00 3,938.25 Michael O’Kennedy 9,576.85 0.00 9,576.85 Olive Brennan, BL 64,621.81 527.76 65,149.57 Michelle O’Gorman, BL 113,488.88 0.00 113,488.88 David Andrews, SC 64,462.60 0.00 64,462.60 Ben Garvey, BL 113,170.10 838.37 114,008.47 Joseph Barnes, BL 0.00 0.00 0.00 Paul A. McGarry, BL 10,817.25 0.00 10,817.25 Bruce St John Blake, Slr 762.00 0.00 762.00 Denis Linehan, Solr 40,595.50 462.37 41,057.87 AnneTait, Solr 4,374.15 0.00 4,374.15 John Hayes, Solr 7,538.15 428.38 7,966.53 Bernard MacCabe, BL 102,940.60 0.00 102,940.60

766 Questions— 19 February 2008. Written Answers

Tribunal Member Fees Expenses Total \\\ Ricardo Dourado, BL 18,204.15 0.00 18,204.15 Elizabeth O’Brien, BL 103,414.40 0.00 103,414.40 Susan Nolan, Solr 20,309.55 0.00 20,309.55 Samantha Cruess Callaghan, BL 13,848.15 0.00 13,848.15 Margaret Levey, BL 58,848.20 0.00 58,848.20 Judy Blake, BL 4,746.00 0.00 4,746.00 Sean Deegan, BL 3,871.50 0.00 3,871.50 David Goldberg, SC 19,081.40 0.00 19,081.40 Majella Twomey, BL 1,772.50 0.00 1,772.50 Laura McKenna, BL 1,772.50 0.00 1,772.50 Conor Gallagher, BL 1,781.65 0.00 1,781.65 Paul Christopher, BL 0.00 Brendan Gogarty, BL 0.00 Fergus O’Connor, BL 0.00 Paul Gormley, BL 0.00 Rory McCabe 19,106.75 1,852.00 20,958.75 David McHugh, BL 45,479.90 440.24 45,920.14 Aidan Eames, Solr 6,957.50 0.00 6,957.50 Declan McHugh, BL 6,452.25 0.00 6,452.25 Jim Nicholson, BL 19,604.50 924.27 20,528.77 Noel Whelan 695.75 0.00 695.75

Total 962,994.33 12,127.78 975,122.11

Visa Applications. 635. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform further to previous correspondence (details supplied), the reason for the lengthy delay in issuing a reply; and if he is in a position to provide an up-to-date position on the original request. [6110/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am pleased to inform the Deputy that the visa applications referred to were approved for multi journey visits for one year. The correspondence referred to by the Deputy is currently being processed by officials in my Department and a reply will be issued shortly.

Residency Permits. 636. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made in respect of a residency application for a person (details supplied) in County Carlow; and if he will make a statement on the matter. [6119/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Officials in the Long Term Residency section of my Department inform me that there is no record of an application for Long Term Residency from the person referred to in the Deputy’s Question. An application for a certificate of naturalisation from the person in question was received in the Citizenship section of my Department in September 2007. 767 Questions— 19 February 2008. Written Answers

[Deputy Brian Lenihan.]

An examination of the residency requirement has now taken place and I understand that the applicant has been requested to supply further documentation in this regard.

Registration of Title. 637. Deputy Bobby Aylward asked the Minister for Justice, Equality and Law Reform the progress to date on a dealing (details supplied) in County Kilkenny. [6156/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the Deputy will be aware, under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November, 2006. The Property Regis- tration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. I would also like to refer the Deputy to a service for TDs and Senators concerning the current status of applications, such as the subject of this question, which was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more cost effective alternative to submitting Parliamentary Questions. This service, which is operated by the Prop- erty Registration Authority, is available all year round. I can further inform the Deputy that his query has been forwarded to the Property Regis- tration Authority for attention and direct reply via the above mentioned service.

Garda Stations. 638. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform further to his reply to Parliamentary Question No. 1227 of 30 January 2008 in which he states that the future of McCurtain Street Garda Station would be a matter for consideration by the Garda authorities, if he will reconsider the contents of his response in view of the fact that the station has been closed for two years. [6157/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer to Parliamen- tary Question No. 1227 of 30th January 2008 regarding the future of McCurtain Street Garda Station. Personnel who were originally assigned to McCurtain Street were subsequently re- assigned to Watercourse Road station. As outlined in the 2008 Annual Policing Plan, it is intended to amalgamate Watercourse and Mallow Road stations. As indicated in my reply, the future of McCurtain Street Garda Station is a matter for consideration by the Garda Auth- orities and I expect that this will be considered in the context of the amalgamation outlined above and in accordance with the Annual Policing plans.

Visa Applications. 639. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 1 can be supplied with a passport or travel documents; and if he will make a statement on the matter. [6175/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person in question can apply for a temporary travel document by writing to the Immigration Operations section of my Department at 13-14 Burgh Quay, Dublin 2. The applicant should provide full details of proposed trips and should include accompanying documentary evidence. Application forms are available from the Immigration Operations section upon request in writing or by

768 Questions— 19 February 2008. Written Answers telephone. The Immigration Operations helpline can be contacted between 10 a.m. and 12.30 p.m. on Mondays to Fridays at 6167700.

Closed Circuit Television Systems. 640. Deputy Dara Calleary asked the Minister for Justice, Equality and Law Reform when his Department will publish details of the community closed circuit television scheme 2008. [6192/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Community- based CCTV Scheme, established in 2005, is designed to provide financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of local community CCTV systems. The Scheme offers pre-development (Stage 1) grants of up to \5,000 to enable qualifying applicants to investigate the need for CCTV in their area and to complete a detailed proposal, and development (Stage 2) grants of up to \100,000 from my Department for the establishment of a CCTV scheme. In addition to this, the Department of Community, Rural and Gaeltacht Affairs provides successful applicants from RAPID areas with a further grant to a possible maximum of \100,000. Pobal has been engaged to administer the scheme on behalf of the Department. A significant number of schemes were approved for funding last year and Pobal are working with the various groups on their implementation. When significant progress is made with these schemes, I intend to invite a further round of applications. While it is not possible to provide a precise date at this stage, I expect that it will be in the second half of the year and it will be open to any group to submit an application for funding at that time. Further details of the scheme and the relevant documentation are available on my Department’s website (www.justice.ie) or on Pobal’s website (www.pobal.ie).

Departmental Correspondence. 641. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will ensure that the documents withheld by his Department will be returned to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [6207/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am pleased to inform the Deputy that the documents in question were returned to the individual in question on 15th February, 2008.

Visa Applications. 642. Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 524 of 31 October 2007, the reason no contact has been made with the person as promised. [6212/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Immigration Division of my Department has recently been in contact with the person concerned outlining the options open to her concerning her immigration status in the State.

Proposed Legislation. 643. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if and when he will amend the Landlord and Tenant Acts 1967 to 1994 to allow a commercial tenant to waive their right to a long-term lease after five years of tenancy; and if he will make a statement on the matter. [6216/08]

769 Questions— 19 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): A change to the Landlord and Tenant (Amendment) Act 1980, to allow a business tenant to opt-out of the automatic renewal of his or her tenancy after 5 years, following receipt of independent legal advice, is provided for in the Civil Law (Miscellaneous Provisions) Bill 2006.

Garda Communications. 644. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the reason it is taking in excess of three months for Garda clearances to be provided for prospective staff in a facility (details supplied) in County Cork; and if he will make a statement on the matter. [6219/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Garda Central Vetting Unit (GCVU) makes criminal history vetting disclosures to registered organisations in respect of, inter alia, prospective employees, volunteers and students on placement who would have substantive, unsupervised access to both children and vulnerable adults. The normal, prevailing time for processing valid vetting applications is approximately 4 weeks. However, processing times fluctuate depending on seasonal demand and volumes received. As of last week, the average processing time was approximately 6 weeks.

Garda Operations. 645. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the increasing rise in the theft of satellite navigation systems; if there is information from An Garda Sı´ocha´na regarding the number of such systems stolen on a per county basis; and if he will make a statement on the matter. [6231/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Sıóchańa. The Garda Sıóchańa Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Transport. 646. Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he has plans to provide additional funding for Garda bike units; if his attention has been drawn to the fact that the Garda bike unit at Tallaght Garda station has been particularly successful; and if he will make a statement on the matter. [6311/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by the Garda authorities that they recently invited tenders for the supply and delivery of 130 mountain bikes with an option to procure a further 130, over the duration of the contract. Responses to this tender are currently being evaluated and bikes will be allocated by the Garda Commissioner in accordance with his identified operational needs. I have also been informed by the Garda authorities that Tallaght was one of the first areas where the Garda Mountain Bike Unit was introduced in June 2001. Since then, the bikes are

770 Questions— 19 February 2008. Written Answers in daily use both by members of the Community Policing and regular units. Their introduction has been very successful and local Garda management report that the Unit provides highly visible and accessible policing in areas such as parks, laneways, footbridges, estates, pedestrian- ised areas, shopping centres, Luas and Dublin Bus areas. They provide a fast and reliable mode of transport, especially during peak traffic periods. The Unit has been very successful in tackling anti-social disorderly behaviour particularly in parks and estates. Local management report that the unit has been very favourably received within the community and is also used in talks at schools on road traffic and bicycle safety.

Garda Recruitment. 647. Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform his plans for the further recruitment of members to An Garda Sı´ocha´na; and if he will make a statement on the matter. [6312/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to PQ 1211 of 30 January, 2008. The position remains unchanged.

Citizenship Applications. 648. Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation by a person (details supplied); when a decision will be made regarding this application; and if he will make a statement on the matter. [6390/08]

649. Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the current status of an application for long-term residency by a person (details supplied); when a decision will be made regarding this application; and if he will make a statement on the matter. [6391/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 648 and 649 together. Officials in the Long Term Residency section of my Department inform me that there is no record of an application for Long Term Residency from the person referred to in the Deputy’s Question. An application for a certificate of naturalisation from the person in question was received in the Citizenship section of my Department in September 2007. The application has not yet been examined in detail. Examination of the residency requirement will take place in the near future and the applicant will be contacted again at that time informing him when his application will be further examined or of any shortfall in his residency.

650. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [6508/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Irish National- ity and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory residency conditions are fulfilled. These conditions are that the applicant must:

have had a period of one year’s continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years.

771 Questions— 19 February 2008. Written Answers

[Deputy Brian Lenihan.]

In the context of naturalisation, certain periods of residence in the State are excluded. These include:

• periods of residence in respect of which an applicant does not have permission to remain in the State

• periods granted for the purposes of study

• periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996

An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in September 2006. On examination of the application it was determined that the applicant did not meet the above mentioned residency requirements. A letter informing him of this was issued on 23 January 2007. A second application was received in August 2007 and again the applicant failed to meet the statutory residency requirements. A letter informing him of this issued on 4 December, 2007. It is open to the person in question to lodge a new application if and when he is in a position to meet the statutory requirements applicable at that time.

Garda Deployment. 651. Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if there are plans to increase Garda numbers in a station (details supplied) in County Donegal; and if he will make a statement on the matter. [6516/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda Commissioner that the personnel strength of Carrigans Garda Station as of 31 January 2008, the latest date for which figures are readily available, was 5. Carrigans Garda Station forms part of the Letterkenny District and the personnel strength of Letterkenny Dis- trict at the same date was 186. The Deputy should appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become available, the needs of the Garda station referred to by the Deputy will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Citizenship Applications. 652. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a person (details supplied). [6517/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Section of my Department in January 2008.

772 Questions— 19 February 2008. Written Answers

Officials in the Citizenship Section inform me that the application has not been examined in detail. Examination of the residency requirement will take place in the near future and the applicant will be contacted at that time informing him when his application will be further examined or of any shortfall in his residency.

Non-EEA Nationals. 653. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of non-EEA nationals registered with GNIB as being resident in the State; the number of these people who have student visas; the number who are recognised refugees; and if he will make a statement on the matter. [6527/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The number of non- EEA nationals registered with the Garda National Immigration Bureau as being resident in the State is 138,232 (to 14th February, 2008) and comprises the following categories:

• those with the status of registered

• awaiting payment to register

• registration renewed

• awaiting payment to renew registration

• those naturalised.

The number of non-EEA nationals registered with GNIB who have student visas is:

• 28,765 on ‘Stamp 2’, which entitles a non-EEA national to work 20 hours a week while studying; and

• 2,497 on ‘Stamp 2A’, which does not entitle a non-EEA national to work while studying.

The total number of non-EEA nationals who have been granted refugee status, between 1st January, 2001 and 31st January, 2008 is 7,490.

Citizenship Applications. 654. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for citizenship for a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [6528/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to my reply to Parliamentary Question 342 on 17 October 2007 in which I said that further processing of the application will commence in the first half of 2008. The position remains unchanged.

655. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for citizenship for a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [6529/08]

773 Questions— 19 February 2008. Written Answers

Residency Permits. 656. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform if persons seeking residency here can be granted it on the basis that their spouse has residency; and if he will make a statement on the matter. [6535/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): There is no automatic right for a non-EEA national to join his/her spouse in the State. Each case will be considered with reference to the circumstances presented and will also depend on the immigration status of the two persons involved. Different arrangements apply depending on the category of person with whom the spouse is seeking reunification. For instance, the spouse of an Irish citizen can expect, providing the marriage is not a marriage of convenience, to gain permission to reside including the right to work. If one of the parties is an EU or EEA national, consideration of the case will be in accordance with the European Communities (Free Movement of Persons)(No.2) Regulations (S.I. 656 of 2006), or the European Communities (Aliens) Regulations 1977 (S.I.No.393 of 1977) or the European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 (S.I. No. 57 of 1997). I understand, however, that the Deputy has a particular case in mind and that the case may be one based on parentage of an Irish citizen child. Without seeing the details of the case, however, I cannot comment further on its merits.

Departmental Correspondence. 657. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform his views on establishing a TD helpline for the purpose of facilitating TDs in dealing with immigration cases, in view of the severe difficulties being encountered in endeavouring to communi- cate with relevant officials in his Department. [6536/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I’m sure the Deputy will be aware that the level of migration into the State has increased dramatically in recent years and that this has led to a significant increase in the workload of the Irish Naturalisation and Immigration Service. I can inform the Deputy that, in response to the difficulties being experienced by TDs, the Irish Naturalisation and Immigration Service propose to establish an e-mail response system specifically for e-mail enquiries by TDs and or Senators. It is envisaged that the majority of e- mails would be responded to within 10 working days. Arrangements for this measure are being put in place at present and when all the necessary resources are in place a communication will issue to all TDs and Senators about the commencement of the e-mail response system.

Garda Deployment. 658. Deputy John Perry asked the Minister for Justice, Equality and Law Reform his plans in place to ensure that a permanent Garda is stationed at a Garda station (details supplied) in County Sligo; if he will give assurances that this appointment will be made in the near future due to an upsurge of vandalism and anti-social behaviour in this area. [6574/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I have been informed by the Garda Commissioner that the personnel strength of Skreen Garda Station as

774 Questions— 19 February 2008. Written Answers at 31 January 2008, the latest date for which figures are readily available, was one. The Sergeant who was allocated to Skreen was recently transferred within the District and that vacancy was advertised and the post is expected to be filled imminently. The Deputy should appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The next allocation of Probationer Gardaı´ is due to take place on 13 March next. In that regard, the needs of Skreen Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country. Additional patrols are provided by uniform personnel from Sligo and Collooney station parties, supplemented by the District Detective Unit and the Divisional Traffic Corps personnel. Local Garda management is aware of the incidents referred to and appropriate measures have been put in place by the Garda authorities to address antisocial behaviour in the area concerned.

Citizenship Applications. 659. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be finalised for a person (details supplied) in County Mayo. [6575/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in August 2007. Officials in that section are currently processing applications received in July 2005 and have approximately 14,400 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. It is likely, therefore, that further processing of the applications will commence in early 2010. I will inform the Deputy and the person in question when I have reached a decision on the matter.

Equity Stake. 660. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6636/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I can inform the Deputy that my Department does not hold an equity stake in any companies at the present time.

Regulatory Authorities. 661. Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if the National Property Services Regulatory Authority will be responsible for regulating management companies and management agents; and if he will make a statement on the matter. [6648/08]

775 Questions— 19 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Property management agents provide property-related services under contract for property management companies. Because they provide property services, such agents will, together with auctioneers and estate agents, be covered by the licensing system to be operated by the Property Services Regulatory Authority. The Property Services Regulatory Authority Bill, under which the new Authority will be formally established, is currently being drafted and I intend to publish it as soon as possible this year. As regards property management companies, the position is that the Law Reform Com- mission published a Consultation Paper on Multi-Unit Developments in December 2006. It identified a broad range of regulatory and other issues arising in relation to such developments, including problems arising from the manner in which company law currently applies to property management companies. The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Depart- ments to address the Commission’s recommendations; the types of action will, of course, be dependent on the form that the recommendations take. A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and administrative actions to be taken in response to the Commission’s reform recommendations and to determine a timescale for their implementation. Following publication of the Com- mission’s Report, this committee will report to a Cabinet Committee whose membership will include the Ministers for Justice, Equality and Law Reform; Environment, Heritage and Local Government; Enterprise, Trade and Employment and the Attorney General.

Travel Documentation. 662. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the granting of a passport to a person (details supplied) in County Water- ford; and if he will make a statement on the matter. [6757/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): As the person in question is not an Irish national, my colleague, the Minister for Foreign Affairs cannot issue an Irish passport. However, the person in question has been granted a temporary travel document by this Department. This document is valid until 2 September 2008.

Work Permits. 663. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 1 is eligible for a work permit; and if he will make a statement on the matter. [6838/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Immigration Division of my Department that the persons referred to by the Deputy do not currently have permission to remain in the State. My officials in the Immigration Division will be in touch with them shortly outlining the options open to them.

776 Questions— 19 February 2008. Written Answers

Matters in relation to work permit applications are a matter for my colleague, the Minister for Enterprise, Trade & Employment.

Asylum Applications. 664. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [6839/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned arrived in the State on 26 June 2001 and applied for asylum on 28 June 2001. His application was refused following consideration of his case by the Office of the Refugee Appli- cations Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 8 May 2003, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Civilianisation Programme. 665. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of non-Garda clerical staff employed by the Garda Sı´ocha´na; the number placed in each Garda division; the stations that they are assigned to; and if he will make a statement on the matter. [6847/08]

Garda Deployment. 666. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the strength of Garda Special Branch in terms of numbers and its strength in January 1998. [6848/08]

667. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of Special Branch Officers in each Garda division. [6849/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I propose to take Questions Nos. 666 and 667 together. I have been informed by the Garda Commissioner that for security and operational reasons, it is Garda Policy not to disclose the number or percentage of Detective personnel on duty at any specific area or over any given period of time.

Garda Stations. 668. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the progress that has been made on plans to refurbish the Cork North Garda Divisional Head- quarters in Fermoy, County Cork since his visit to the premises in December 2007; and if he will make a statement on the matter. [6851/08]

777 Questions— 19 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The 2008 Annual Policing Plan provides for changes to Garda Regional and Divisional Boundaries and as part of that plan Mallow has been assigned as the new Divisional Headquarters for the Cork North Division. I am also informed by the Garda authorities that Fermoy Garda Station will be refurbished. The works will be taken forward by the Garda authorities who work in close co- operation with the Office of Public Works.

Regulatory Authorities. 669. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7022/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The information requested by the Deputy is publically available and published annually as part of the Revised Estimates Volume.

Environmental Policy. 670. Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the situation regarding noisy neighbours and the action elderly residents can take within the law to deal with this situation. [6145/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal options available to persons experiencing noise nuisance is available from my Department and is also on the Department’s website, www.environ.ie. Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is, or is not, acceptable. The local authority is empowered, under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement. In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 contains a provision for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board (PRTB) in accordance with the procedures in the Act. I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government.

Percent for Art Scheme. 671. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5967/08]

672. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the number of capital projects funded by his Department in each year since 2002

778 Questions— 19 February 2008. Written Answers to date in 2008; the number of cases in which the Percent for Art grant was drawn down; and if he will make a statement on the matter. [5982/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 671 and 672 together. The provision and management of capital projects and any associated art works funded through my Department’s capital programmes are matters primarily for the local authorities. My Department does not have comprehensive data on projects which have incorporated an artistic feature under this scheme. General National Guidelines on the Per Cent For Art Scheme were issued by the Minister for Arts, Sport and Tourism in December 2004. These guidelines recommend that the commissioning body should maintain a database of all projects funded under the scheme. The commissioning body, in the case of capital projects funded by my Department, is generally the local authority.

Financial Management Systems. 673. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5998/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department has one financial management system, namely Oracle E-Business Suite that was provided by Oracle EMEA Ltd. The cost of maintaining the software in 2007 was \147K.

Local Government Elections. 674. Deputy Dara Calleary asked the Minister for the Environment, Heritage and Local Government the individual grade of local authority worker that are debarred from contesting local government elections; the reason each grade listed is debarred; the appeals mechanism available to an affected worker; and if he has plans to review this issue. [6191/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The provisions governing local authority membership and local authority employment are set out in sections 13 and 161 of the Local Government Act 2001. Under section 13 of the Act, a person employed by a local authority who is not the holder of a class, description, or grade of employment designated by order under section 161 is disqualified from being elected or co- opted to, or from being a member of, a local authority. For the purposes of the Local Government Act 2001 (Section 161) Order 2004, designated employments are employments whose maximum remuneration does not exceed the maximum remuneration for the post of Clerical Officer (Grade 3) in a local authority. There are no proposals to alter this position.

Grant Payments. 675. Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government when the transitional accommodation project (details supplied) in County Monaghan which is seeking funding under the capital assistance scheme can expect to receive grant aid; and if he will make a statement on the matter. [6208/08]

779 Questions— 19 February 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): A meeting has been arranged between my Department and Monaghan County Council for 29 February, 2008, with a view to clarifying a number of issues in relation to this project. A decision on the funding application will be made as soon as possible afterwards.

Water and Sewerage Schemes. 676. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the funding his Department has given to sewerage schemes in south Tipperary in each of the years 2002 to 2008; if he will list each of those schemes and the amount that has been allocated, and spent in each case; and if he will make a statement on the matter. [6223/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Details of the recoupments made by my Department to South Tipperary County Council during the period 2002 to 2007 in respect of sewerage schemes funded under the Water Services Investment Programme are set out in the following Table. In addition, my Department made block grant allocations to the Council in each of these years under the small public schemes measure of the devolved Rural Water Programme. Details of the schemes funded from those allocations may be obtained from the Council.

Scheme Recoupments Recoupments Recoupments Recoupments Recoupments Recoupments

2002 2003 2004 2005 2006 2007 \\\\\\

Carrick-on-Suir Main Drainage Scheme 2,739,837.97 1,112,018,94 3,632,596.24 1,693,794.10 229,687.16 102,620.60 Cashel Sewerage Scheme — Stage 3 111,834.91 389,340.86 Fethard Sewerage Scheme — Collection System Upgrade 31,506.26 Limerick Junction Sewerage Scheme 182,842.66 23,165.62 Tipperary Grouped DBO Sewerage Scheme 747,025.25 4,039,411.35 10,031,231.14 1,354,110.66 3,630,611.71 Tipperary Town Sewerage Scheme 340,731.88 632,412.99 14,189.80 9,438.00

Totals 4,122,272.67 5,807,008.90 14,067,358.04 3,088,849.02 3,860,298.87 102,620.60

Note: There have been no recoupments to date in 2008.

Environmental Policy. 677. Deputy Pa´draic McCormack asked the Minister for the Environment, Heritage and Local Government if his officials will meet with farming organisations’ representatives in Con- nemara, County Galway to brief them on the National Parks and Wildlife Service and Depart- ment of Agriculture, Fisheries and Food proposals on destocking on the Twelve Bens mountain range in Connemara (details supplied); and if he will make a statement on the matter. [6224/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In the context of Partnership and the agricultural agreement made under Towards 2016, a formal consultation mechanism is in place between the Department of the Environment, Heritage and Local Government, the Department of Agriculture, Fisheries and Food and the farming representative bodies. This facilitates regular consultation in relation to issues involving designated land and the interface between nature conservation and the agri-environment. 780 Questions— 19 February 2008. Written Answers

In addition, as regards briefing of farmers affected by destocking and overwintering measures which are necessary on the 12 Bens, once the measures concerned have been determined by both Departments, each affected farmer will be individually notified and invited to attend local clinics where their individual concerns can be discussed. This is likely to take place in the coming weeks.

Architectural Heritage. 678. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the steps his Department has taken to ensure that the Rock of Cashel is nominated for world heritage status; the action that needs to be taken to secure this nomination; and if he will make a statement on the matter. [6232/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Ireland ratified the World Heritage Convention concerning the protection of the world cultural and natural heritage in 1991. Nominations to the World Heritage List are considered only if a nominated property has been included on the State Party’s tentative list i.e. an inventory of those cultural and natural heritage properties considered to be of outstanding and unique value. There are eight sites on the current tentative list, including Cashel, which can be considered for nomination. Two sites from this list have been successfully inscribed on the World Heritage List namely Bru´ na Bo´ inne, in 1993, and Skellig Michael, in 1996. The World Heritage Committee, the main body with responsibility for the implementation of the World Heritage Convention, has developed guidance for the inscription of properties on the World Heritage List, as set out in Operational Guidelines for the Implementation of the World Heritage Convention on UNESCO’s website. The application process typically involves the preparation of a detailed Management Plan, appropriate planning controls / restrictions in the vicinity of the site, extensive stakeholder consultation, a conservation plan and an expert comparative analysis setting out the Outstanding Universal Value of the site. The World Heritage Committee recommends that tentative lists be reviewed every ten years. In view of this it is my intention to review the existing tentative list this year. The preparation of applications for the remaining sites on the current list, including Cashel, and for any new additions to the list, will be considered in the context of that review.

Departmental Correspondence. 679. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from a company (details supplied) in Dublin 13; and his views on the matter. [6315/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I received the correspondence referred to in the question and a reply issued from my office to the correspondent on 18 February 2008. The reply set out the position in regard to wastewater treatment systems under the national Building Regulations. I refer to the reply to Questions Nos. 312 and 314 on 6 February, 2008. Part H of the Building Regulations (Drainage and Waste Water Disposal) sets out the requirements for the treatment of effluent from wastewater systems. The relevant Technical Guidance Document H (TGD-H) provides guidance on how to comply with the requirements of Part H and calls up, inter alia, Irish Standard Recommendation SR:6 of 1991 — Recom- mendations for Domestic Effluent Treatment and Disposal from a Single Dwelling House, issued by the National Standards Authority of Ireland (NSAI). TGD-H also acknowledges that wastewater treatment systems other than septic tanks may be used. Such systems are accepted as satisfactory provided it can be shown that they are fit

781 Questions— 19 February 2008. Written Answers

[Deputy John Gormley.] for the use for which they are intended and for the conditions in which they are used. Part D of the Building Regulations (Materials and Workmanship) specifies alternative ways of proving compliance, including compliance with appropriate product standards or being subject to certification by an appropriate national certification body. The Irish Agre´ment Board (IAB) is the national and European recognised body for certify- ing new building products or systems for which national standards do not exist. The IAB is an independent body which operates under the aegis of the Department of Enterprise, Trade and Employment. A new European Standard (EN 12566-3) for small wastewater treatments plants has been introduced and is now in the transitional phase of implementation. The need for new systems to comply with this standard has been brought to the attention of Local Authorities by Depart- mental Circular Letters BC16/2006 and BC 2/2008, dated 8 November 2006 and 28 January 2008 respectively. The Environmental Protection Agency (EPA) is currently finalising a revised edition of their Manual on Wastewater Treatment Systems serving Single Houses, in consultation with all interested parties. It is understood that the EPA Manual will refer to relevant European Standards and that the NSAI propose to withdraw SR6: 1991, in favour of the proposed new edition of the EPA Manual, when available. My Department plans to amend TGD-H to call up the EPA Manual and to consider any related issues at that time.

Housing Aid for the Elderly. 680. Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government when funding will be allocated to Wexford County Council under the housing aid for older people scheme and the disabled person scheme; and if he will make a statement on the matter. [6408/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): Notification of individual allocations to local authorities for the Hous- ing Adaptation Grant for People with a Disability, the Mobility Aids Grant Scheme and the Housing Aid for Older People scheme in 2008 will be made available following the publication, shortly, of the Revised Estimates for Public Services 2008.

Water and Sewerage Schemes. 681. Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government if there are plans in his Department to upgrade and extend sewerage facilities in St. Johnston, County Donegal; and if he will make a statement on the matter. [6413/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The St Johnston Sewerage Scheme has been approved for funding under my Department’s Water Services Investment Programme 2007 — 2009 as part of the Serviced Land Initiative. My Department is awaiting submission of detailed proposals for the scheme by Donegal County Council.

Social and Affordable Housing. 682. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government his views on whether it is fair that persons who purchase their home on the affordable housing and shared ownership schemes may be prohibited from renting out spare bedrooms in their properties although no such restriction applies to those who obtain bank mortgages for their affordable homes; and his plan to resolve this anomaly. [6417/08]

782 Questions— 19 February 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The terms and conditions of the various affordable housing schemes and the regulations governing local authority loans do not prohibit an affordable home owner from renting a spare room in his/her home so long as the property is occupied by the purchaser, as his/her principal place of residence.

Local Authority Housing. 683. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the reason his Department proposes to exclude town councils from involvement in housing allocations in the future; the reason he proposes to transfer their functions in this respect to county councils; and if he will make a statement on the matter. [6512/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I refer to the reply to Question Nos. 666 and 624 of 27 November 2007 in which I indicated that, generally, housing allocations in 2008 will be made directly to city, county, borough and town councils. County and city councils have since been provided with an indication of the general level of Exchequer funding that will be available over the next three years for the main housing programmes. Otherwise the position is unchanged.

Equity Stake. 684. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6632/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Some 30,000 shares of \1.30 each were issued in respect of the Housing Finance Agency. The Minister for Finance holds all except 13 of these shares with the 12 Directors holding one each and the Minister for the Environment, Heritage and Local Government holding the remaining 1. The Minister for Finance is the beneficial owner of all the shares as the 13 held by the Directors and the Minister are held in a nominee capacity only.

EU Directives. 685. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the instruction and guidelines which he has issued to local authorities regarding the implementation of the Nitrates Directive; the additional resources which he is providing to local authorities to facilitate the implementation of the inspection programme; and if he will make a statement on the matter. [6796/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The functions of local authorities under the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (“the Nitrates Regulations”) are clearly prescribed in the Regulations and include matters such as the monitoring of water quality, inspection of farm holdings, consultation and co-ordination with other public authorities, powers to specify variations on the size of protection zones around drinking water abstraction points and related matters. The terms and requirements of the Regulations were notified to local authorities by my Department in circular letters issued to the authorities and in briefing sessions held for local authority staff. Article 29(6) of the Regulations provides that the EPA may make recommendations and give directions to a local authority in relation to the monitoring and inspections to be carried out and other measures to be taken by the authority for the purposes of the Regulations. This provision is in keeping with the general powers of the EPA under the Environmental Protection

783 Questions— 19 February 2008. Written Answers

[Deputy John Gormley.] Agency Acts to exercise supervision in relation to the performance by local authorities of their environmental protection functions. I understand that the EPA is preparing guidelines for issue to local authorities on implementation of the Regulations and other environmental legislation. In addition to the enforcement activities of local authorities, implementation of the Nitrates Regulations is supported by farm inspections carried out by staff of the Department of Agri- culture, Fisheries and Food in the context of the operation of the Single Farm Payment Scheme and cross-compliance requirements. I am currently reviewing the overall employment position in the local government sector, having regard to the need to deliver front line services (including environmental inspections and enforcement functions), and achieve value for money within the parameters of Govern- ment policy on public service employment generally. As part of this review, my Department is consulting the Department of Finance in relation to the current ceiling on local authority staff numbers, including impacts in relation to increased EU requirements and other obligations on the local government sector.

Water and Sewerage Schemes. 686. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Galtee regional water supply scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6801/08]

687. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Ardfinnan regional water supply scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6802/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 686 and 687 together. The Galtee Regional Water Supply Scheme is included in my Department’s Water Services Investment Programme 2007 — 2009 as a scheme to start construction in 2009 at an estimated cost of \14.5m. The Ardfinnan Regional Water Supply Scheme is included in the Programme to advance through planning at an estimated cost of \5.5m. My Department is awaiting submission of South Tipperary County Council’s Preliminary Reports for both schemes.

688. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Burncourt water scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6803/08]

689. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Fethard water supply scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6804/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 688 and 689 together. The Burncourt and Fethard Water Supply Schemes have been approved for funding under my Department’s Water Services Investment Programme 2007 — 2009 as part of the Rural Towns and Villages Initiative at estimated costs of \6.4m and \8m, respectively.

784 Questions— 19 February 2008. Written Answers

South Tipperary County Council’s revised Preliminary Report for the schemes, which are being advanced as a grouped project, is being examined in my Department and is being dealt with as quickly as possible.

690. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Carrick on Suir sewerage collection scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6808/08]

691. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when the Cashel sewerage scheme will be completed; the amount of the allocated budget that has been completed to date in the interests of public health; and if he will make a statement on the matter. [6809/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 690 and 691 together. Proposals for water and sewerage schemes in both Cashel and Carrick on Suir were included in the list of schemes submitted by South Tipperary County Council in response to my Depart- ment’s request to all local authorities in 2006 to undertake assessments of needs for capital works in their areas and to prioritise their proposals on the basis of these assessments. The assessments were taken into account in the preparation of my Department’s Water Services Investment Programme 2007 — 2009 which was published in September 2007 and is available in the Oireachtas Library. Given the level of competing demands for the available funding and the priorities adopted by the elected members of South Tipperary County Council, it was not possible to include these schemes in the current Programme.

Architectural Heritage. 692. Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government his plans, in view of recent reports of maintenance work being carried out on Dublin’s Georgian street-scape to have Georgian Dublin listed as a UNESCO World Heritage Site; if, in view of same reports, he will accelerate the process for listing Georgian Dublin as a UNECSO World Heritage Site; and if he will make a statement on the matter. [6835/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Nominations to the World Heritage List are only considered if the nominated site has already been included on the State Party’s tentative list. There are eight sites on the current tentative list which can be considered for nomination. Georgian Dublin is not included on the current tentative list and therefore is ineligible for nomination at present. It is my intention to review the tentative list of sites this year. All proposals for sites to be included on the revised tentative list will be examined as part of this review. The timeframe for nomination of a site newly inscribed on the tentative list would be at least twelve months from the date of inclusion on the list.

Gateway Innovation Fund. 693. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the proposals and their cost that have been submitted to his Department under the Gateway Innovation Fund; when he expects the evaluation and decision-making process to be completed in relation to each of these proposals; and if he will make a statement on the matter. [6854/08]

785 Questions— 19 February 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Following the Call for Proposals under the competitive \300 million Gateway Innovation Fund (GIF) which issued in June 2007, proposals from all nine National Spatial Strategy gateways were received by the closing date of 15 November 2007. These proposals, seeking some \720 million in total funding under the GIF, are currently being evaluated against the criteria set down in the Call for Proposals by the GIF Management Committee which consists of representatives of my Department and the Department of Finance (with appropriate input from other Departments and agencies as required). Goodbody Econ- omic Consultants have been commissioned to assist in the evaluation process. The Committee will report and make recommendations to the Ta´naiste and Minister for Finance and to me as soon as possible, and we will jointly bring our recommendations to Government.

Regulatory Authorities. 694. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7019/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In line with the definition of a “regulatory body” set out in the report — Bodies in Ireland with Regulatory Powers — published by the Department of the Taoiseach in February 2007, information in relation to the operating budgets of regulators and regulatory authorities related to my Department is set out below. In relation to the Department’s regulatory functions, operating costs associated with the discharge of these functions are included in the overall expenditure estimate provisions as published at the start of each year. The costs of discharging regulatory functions by local authorities are provided for in the local authority annual revenue budgets. These totalled \4,272.37 million and \4,719.02 million respectively in 2006 and 2007. In relation to bodies under the aegis of my Department, the table below sets out the funding provided by my Department to bodies with regulatory powers in 2006 and 2007. It should be noted that some of the bodies concerned also receive funding from own resources such as fees.

Name of body Year applicable Budget

An Bord Pleana´la 2006 13,609,000 2007 15,990,000

Environmental Protection Agency 2006 29,099,000 2007 39,659,000

Private Residential Tenancies Board 2006 3,480,435 2007 5,739,940

Radiological Protection Institute of Ireland 2006 4,662,000 2007 3,971,000

Employer’s Liability Insurance. 695. Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources if it was a requirement in March 1977 that companies which were holders of State 786 Questions— 19 February 2008. Written Answers mining leases were to be in possession of employer’s liability insurance cover, for mines that were in use and where people were employed. [5948/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Tony Killeen): There is no statutory requirement under the Minerals Development Acts for a holder of a State Mining Lease or Licence to hold employer’s liability insurance and such a requirement was not a standard condition of State Mining Leases in March 1977. It is now, however, a standard condition of any such lease or licence that the holder take out and maintain both employer’s and public liability insurance for the duration of the term of the lease or licence.

Renewable Energy. 696. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the grants available to persons seeking to renovate buildings (details supplied); and if he will make a statement on the matter. [6182/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Greener Homes Scheme provides assistance to homeowners who intend to purchase a new renewable energy heating system for either new or existing homes. The scheme is administered by Sustainable Energy Ireland (SEI) and aims to increase the use of renewable energy and sustainable energy technologies in Irish homes. Renewable energy heating systems are new technologies which, while proven and highly utilised overseas, are now gaining popularity in Ireland. The Irish Government, through SEI, wishes to encourage people to green their homes by contributing to the initial investment cost of installing a renewable energy heating system. The government believes that this will help ensure a faster uptake of renewable heating systems which will underpin the development of a long term market, while enabling homeowners to play their part in reducing carbon dioxide emissions. The grants are provided to householders who invest in renewable energy based heating systems under the following categories:Solar heating — for space heating and/or hot waterHeat pump — horizontal collector, vertical collector, well water or air source Wood Chip or Pellet stoves — with or without integral boilerWood Chip or Pellet boilers The funding available is summarised in the table:

Solar Thermal Space and or Hot water heating (Evacuated Tube) 300 per m2 (to max. 6m2 ) Solar Thermal Space and or Hot water heating (Flat Plate) 250 per m2 (to max. 6m2 ) Heat Pump — Horizontal ground collector 2,500 Heat Pump — Vertical ground collector 3,500 Heat Pump — Water (well) to water 2,500 Heat Pump — Air source 2,000 Wood Chip/Pellet Stove 1,100 Biomass/Wood pellet Stove with integral boiler 1,800 Wood Chip/Pellet Boiler 3,000

Each household can only avail of a single grant.

787 Questions— 19 February 2008. Written Answers

State Property. 697. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources the position regarding the ownership of the site on which the GPO stands; and if ground rent is being paid for that site. [6221/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The site on which the GPO is built is owned by the State and comprises the GPO building and a number of adjoining commercial premises on which ground rent is charged and paid. In respect of the GPO building itself, there is a licence agreement in place, effective from 1st January 1984, which provides for occupancy of the tenant, An Post, for a term of fifty years. The licence provides also for a nominal annual rent of IR£1 which, to date, has not been collected.

Electricity Transmission. 698. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources if he will provide assurances that a study (details supplied) will include all projects planned or in progress and that the ESB in future will have to submit costing for underground options as part of an environmental impact statement and that commission will be open to submissions from effected groups. [6841/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Study on the Comparative Merits of Overhead Electricity Transmission Lines versus Under- ground Cables has been commissioned by my Department and is an independent national study on the relative merits of constructing and operating overhead transmission lines compared to underground cables, having regard to technical characteristics, reliability, operation and maintenance factors, environmental impact, possible health issues and cost. A request for tenders for the purposes of this study has now issued via the Government’s eTenders website. As part of the assignment, the consultants are being asked to review submissions, which may be made to my Department on the subject matter of the study, and to take account of these submissions, as appropriate, in the final report. Advertisements were placed in National newspapers on 13th February, inviting interested parties to make submissions to the Department by 7th March 2008. The planning and development of transmission and distribution lines are operational matters for EirGrid and ESB respectively. All utilities, whether public or private, are required to produce an environmental impact statement in respect of planning applications for significant infrastructural developments. Such requirements are part of the independent statutory planning process.

Percent for Art Scheme. 699. Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the amount drawn down through his Department for the Percent for Art scheme in each year since 2002 to date in 2008; and if he will make a statement on the matter. [5962/08]

700. Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the number of capital projects funded by his Department in each year since 2002 to date in 2008; the number of cases in which the percent for arts grant was drawn down; and if he will make a statement on the matter. [5977/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 699 and 700 together.

788 Questions— 19 February 2008. Written Answers

The information requested by the Deputy is being compiled by my Department and will be furnished to the Deputy as soon as possible.

Financial Management Systems. 701. Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources the number of financial management systems in place in his Department; the persons who provided his Department with these systems; the cost of maintaining the software; and if he will make a statement on the matter. [5993/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are a total of three financial management systems in place in the Department of Communi- cations, Energy and Natural Resources. The systems were provided to the Department by the companies Core, Mentec International and Version 1. The provision for maintenance and support of these systems is \111,117 for the year 2008.

Alternative Energy Projects. 702. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the grant aid that was given to applications received in his Department after 16 February 2007 (details supplied). [6096/08]

703. Deputy Michael Ring asked the Minister for Communications, Energy and Natural

Resources if each grant aided unit has been tested to establish if it achieved energy and CO2 performance levels 40% higher than current regulations (details supplied). [6097/08]

704. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources if it possible for a person (details supplied) in County Mayo to view their file which is with his Department and who was not successful in receiving grant aid. [6098/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 702 to 704, inclusive together. The House of Tomorrow programme opened in 2001 and by time of closure had committed grants to housing developments comprising around 6,000 units. The programme closed for applications in June, arising from a Government commitment to revise Part L of the Building

Regulations to require energy and CO2 performance levels in new homes similar to those which had been demonstrated through the House of Tomorrow programme as being achievable, or a strengthening by some 40% relative to the current regulations. In the period from 19th February 2007 to the ultimate closure of the programme at the end of June 2007, Sustainable Energy Ireland (SEI) committed grants of \4.8 million to projects under the House of Tomor- row programme. Under the programme, approximately 6,000 housing units have been approved for funding support, of which over 3,000 units have been completed to date and less than 2,000 units are in normal occupancy of more than one year. In the nature of building demonstration projects of this kind, verification of energy performance in practice typically requires a minimum established pattern of one year’s normal occupancy. SEI is currently commissioning an extensive performance evaluation of such established units supported under the House of Tomorrow programme, comprising assessment of the objective energy, CO2 and cost saving impacts, together with an assessment of the experiences and attitudes of affected parties including occu- pants, builders, service providers, architects, estate agents and local authorities in relation to

789 Questions— 19 February 2008. Written Answers

[Deputy Eamon Ryan.] representative samples of these homes. The results of this work are unlikely to be available before the end of 2008. However, early indications from a number of the more advanced developments under the programme are that user experiences in relation to comfort levels and running costs are most encouraging. The application file for the above subject project is held by SEI and can be viewed by prior arrangement with the Legal and Contracts Manager at SEI.

Unsolicited Mail. 705. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources if he has plans to introduce an initiative to reduce the amount of unsolicited junk mail delivered through the post; and if he will make a statement on the matter. [6204/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The public receives a wide variety of mail from a number of sources, much of which can be regarded as unsolicited mail, including unaddressed mail material, which may be delivered by An Post or other operators. An Post is statutorily obliged, under Section 12 of the Postal and Telecom- munications Services Act, 1983, to satisfy all reasonable demands for postal services throughout the State. Measures are already in place to manage the impact of direct mailing. Under Section 2(7) of the Data Protection Acts 1988 and 2003, individuals have the right to request that they be removed from any direct mailing lists used by businesses. Householders also have the option of limiting the amount of unsolicited mail they receive by completing a Mailing Preference Service form requesting that their names be removed from mailing lists controlled by members of the Irish Direct Marketing Association. Individuals may contact the Irish Direct Marketing Association directly or, alternatively, can complete a form available from post offices. This form goes directly to the Irish Direct Marketing Association and applies to addressed mail sent by their members. I have no intention at this time to introduce additional measures in respect of direct mailing.

Public Procurement Procedures. 706. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the contracts awarded by Postbank which should have been subject to public procurement tendering rules; and if in each case those rules were followed. [6217/08]

707. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources if contracts awarded by Postbank, a subsidiary of An Post, are subject to public procurement tendering rules. [6218/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 706 and 707 together. Postbank is a joint venture between An Post and Belgian bank Fortis and all matters relating to its operation, including tendering procedures regarding contracts awarded, are for the two participants in the joint venture.

Alternative Energy Projects. 708. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural

790 Questions— 19 February 2008. Written Answers

Resources if he will confirm that there has not been and will not be queue-jumping or interference by his Department in favour of offshore wind projects to the detriment of onshore projects which have already applied for connection in the gate three connection process. [6405/08]

756. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the changes in financial arrangements or tariffs to the onshore wind sector in recent months; if, in view of recent announcements, offshore is now the preferred option for wind energy; his views on the 8000 MW of wind applications to the grid at the present time; the position regarding these applications; if the onshore providers awaiting access to the grid will be given less favourable status than offshore wind applicants; and if he will make a statement on the matter. [6747/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 708 and 756 together. The Renewable Energy Feed-in Tariff (REFIT) programme establishes a stable investment environment for new renewable energy projects across a variety of renewable energy technologies which might not otherwise secure the necessary investment. The different prices in REFIT, by category, for biomass, biomass AD/CHP, small-hydropower, landfill-gas, wave/ocean, large-wind, small-wind and offshore-wind reflect the different investment costs in each category. The provision of a higher price in any category is indicative of the higher costs in that category to ensure the completion of projects. However, these tariffs are not indicative of any preference for one category over another. Requests for connections to the electricity network, in the case of both onshore and offshore wind powered projects, are a matter for ESB Networks or EirGrid. Any dispute about the terms or conditions of any response to a request for a connection is a matter for the Com- mission for Energy Regulation. I have no statutory function in the matter. The tariffs published in the terms and conditions of the REFIT support programme for onshore wind-powered projects is \57 megawatt-hour for large scale wind powered projects and \59 megawatt-hour for small scale wind powered projects. In accordance with the published REFIT terms and conditions these tariffs have increased in line with the change in the consumer price index in 2006 with effect from 1st January 2007 and again in line with the change in the consumer price index in 2007 with effect from 1st January 2008.

709. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the reasons he has refused price increases to onshore wind energy projects while granting them to offshore projects. [6406/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The fixed prices published in the terms and conditions of the Renewable Energy Feed In Tariff (REFIT) support programme for wind-powered projects is \57 megawatt-hour for large scale wind powered projects and \59 megawatt-hour for small scale wind powered projects. In accordance with the published REFIT terms and conditions these tariffs have increased in line with the change in the consumer price index (CPI) in 2006 with effect from 1.1.2007 and in line with the change in the CPI in 2007 with effect from 1.1.2008. The original scope of the REFIT scheme did not include any tariff for offshore wind projects. I announced a first time new tariff band of \140 per megawatt-hour for offshore wind on 7th February.

791 Questions— 19 February 2008. Written Answers

Telecommunications Services. 710. Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources when broadband will be extended to an area (details supplied) County Donegal; and if he will make a statement on the matter. [6410/08]

712. Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources when broadband will be extended to an area (details supplied) in County Donegal. [6515/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 710 and 712 together. The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broad- band Scheme and investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is underway. The NBS will provide broadband services to areas that are currently unserved, including any unserved areas in Co. Donegal, and will ensure that all reasonable requests for broadband are met. The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of the country. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with rollout to commence as soon as possible thereafter, subject to agreement with the chosen candidate.

Alternative Energy Projects. 711. Deputy Edward O’Keeffe asked the Minister for Communications, Energy and Natural Resources the grant aid available for the development of wind turbines; the detail and criteria necessary. [6415/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are no grant programmes in place for wind energy turbines.

Question No. 712 answered with Question No. 710.

792 Questions— 19 February 2008. Written Answers

Departmental Bodies. 713. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to An Post, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6576/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The board of An Post is made up of 15 members. Of these, the Chief Executive is an ex-officio board member by virtue of the position he or she holds. The Chairperson and seven Directors are appointed directly by the Minister for Communications, Energy and Natural Resources, with the consent of the Minister for Finance. The Postmaster Director (1) and Worker Direc- tors (4) are elected by postmasters and An Post employees respectively, and are subsequently appointed to the board by the Minister for Communications, Energy and Natural Resources, with the consent of the Minister for Finance.

714. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Broadcasting Commission of Ireland, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6577/08]

716. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to RTE´ , the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6579/08]

717. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to TG4, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6580/08]

718. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to the Broadcasting Complaints Commission, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6581/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 714 and 716 to 718, inclusive, together. The following table contains the information requested.

Name of Body Number of Members Appointed by

Broadcasting Commission of Ireland 10 Government RTE´ 9 Government TG4 9 Government Broadcasting Complaints Commission 9 Government

715. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to The Digital Hub Development Agency, the number 793 Questions— 19 February 2008. Written Answers

[Deputy Leo Varadkar.] of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6578/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In accordance with Section 15 of the Digital Hub Development Agency Act 2003, there are 14 members of the Digital Hub Development Agency board, including the Chief Executive. The members, other than the Chief Executive, are appointed by the Minister for Communications, Energy and Natural Resources, with the consent of the Minister for Finance.

Questions Nos. 716 to 718, inclusive, answered with Question No. 714.

719. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to ESB, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6582/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Board of ESB comprises 12 members, eight of whom are appointed by Government and 4 of whom are elected employee members, appointed by the Minister for Communications, Energy and Natural Resources.

720. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to EirGrid, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6583/08]

721. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Bord Ga´is, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6584/08]

723. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Bord na Mo´ na, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6586/08]

724. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Irish National Petroleum Corporation Limited, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6587/08]

725. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to the National Oil Reserves Agency, the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6588/08]

794 Questions— 19 February 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 720, 721 and 723 to 725, inclusive, together.

EirGrid The Board of EirGrid has a total of eight members. Seven of the members are appointed by the Minister, with the consent of the Minister for Finance, under Part 11 (53) of Statutory Instrument 445 of 2000. The Chief Executive is also a member of the Board under Part 11 (51) (1) (b) of Statutory Instrument 445 of 2000.Bord Ga´is Eireann The Board of Bord Ga´is E´ ireann has a total of nine members including the Chief Executive Officer. All the members are appointed by the Minister with the consent of the Minister for Finance under the First Schedule of the Gas Act, 1976 (Section 5), as amended.

Bord na Mo´na plc The Board of Bord na Mo´ na has a total of twelve directors. Seven are appointed by the Minister with the consent of the Minister for Finance under Section 18(2) of the Turf Develop- ment Act 1998. Four are elected by the employees of Bord na Mo´ na and appointed by the Minister under Section 18(6) in accordance with the provisions of Section 15 of the Worker Participation (State Enterprises) Acts 1977 to 1993. The Managing Director is also a director of the Board and is appointed by the Board under Section 26(3) of the Turf Development Act 1998.

Irish National Petroleum Corporation Article 82 of the Memorandum and Articles of Association of the Irish National Petroleum Corporation Ltd. provides that the number of Directors (including the Chairman of the Board of Directors) shall be not less than four or more than eleven. The members of the Board include the Chief Executive of the Company, all other members being appointed by the Minister with the consent of the Minister for Finance under Article 83 of the Memorandum and Articles of Association.

National Oil Reserves Agency The National Oil Reserves Agency Act 2007 (the NORA Act) provides that the principal object of the National Oil Reserves Agency (the Agency) is to perform the functions assigned to it by or under the Act, including functions of

(a) maintaining, in accordance with Part 4 of the Act, oil stocks,

(b) providing, on its own initiative or at the request of the Minister, advice, information or guidance to the Minister on any matter relating to the holding of oil stocks,

(d) providing, as the Agency considers appropriate, such consultancy, advisory, technical assistance and contract services (including research and training services) in the State or elsewhere, on any matter relating to the Agency’s stockholding functions, and

(e) representing, at the request of the Minister, a Minister of the Government at meetings of international bodies in so far as meetings relate to the holding of oil stocks.

795 Questions— 19 February 2008. Written Answers

[Deputy Eamon Ryan.]

Under Section 14 (1) of the NORA Act 2007 the NORA board of directors is to consist of not more than five directors, including the Chief Executive who, by virtue of that office, is also a director. All other members are appointed by the Minister with the consent of the Minister for Finance. Prior to the establishment of NORA as a stand alone body under the NORA Act 2007, the directors of NORA were appointed by the Irish National Petroleum Corporation of which the Agency was a subsidiary company. All future appointments to the NORA board will be made by the Minister with the consent of the Minister for Finance, in accordance with the NORA Act 2007.

722. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Commission for Energy Regulation, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6585/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Commission for Energy Regulation was established under the Electricity Regulation Act 1999. It is comprised of commission members rather than board members. Under the Act the Com- mission shall consist of at least one but not more than three members, each of whom shall be appointed by the Minister, with the consent of the Minister for Finance. The Commission currently has two members and one vacancy, which is in the process of being filled.

Questions Nos. 723 to 725, inclusive, answered with Question No. 720.

726. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Sustainable Energy Ireland, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6589/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Appointments to the Board are made in accordance with the requirements of the Sustainable Energy Act 2002 (No. 2 of 2002). The Board consists of 12 members, 11 of whom are appointed by Ministerial direction, plus the Chief Executive who is an ex- officio member.

727. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if he will provide with regard to Mining Board, the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6593/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Mining Board consists of a chairperson and two ordinary members, who are appointed by me, under Section 33(3) of the Minerals Development Act 1940.

728. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of the Foyle, Carlingford and Irish Lights Commission; if this body is still in existence; the purpose and role of this body; the number of members of the

796 Questions— 19 February 2008. Written Answers board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6595/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Foyle Carlingford and Irish Lights Commission, is a North South Body, which was set up under the British-Irish Agreement Act, 1999 and is still in existence. The Act provided for the setting up of a North South Body, which would take over the functions of the Foyle Fisheries Commission and the Commissioners of Irish Lights. While the Loughs Agency took over the functions of the Foyle Fisheries Commission, the transfer of the Commissioners of Irish Lights functions did not proceed. The Loughs Agency of the Foyle Carlingford and Irish Lights Commission is responsible for the conservation, protection and improvement of the fisheries in the Foyle and Carlingford areas. It is required to promote the development of Lough Foyle and Carlingford Lough for commercial and recreational purposes in the area of marine, fishery and aquaculture matters, including the development and the licensing of aquaculture. The Body has a Board of 12 members including a Chairperson and a Vice-Chairperson. The members are appointed by the North South Ministerial Council on a joint Northern Ireland/Ireland basis. Six members are nominated from Ireland and six from Northern Ireland.

729. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Radio´ na Gaeltachta; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6596/08]

742. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of DTT Network Company; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6612/08]

750. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of RTE´ Commercial Enterprises Ltd; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6620/08]

751. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of RTE´ Music Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6621/08]

752. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of RTE´ Transmission Network Limited; the purpose and

797 Questions— 19 February 2008. Written Answers

[Deputy Leo Varadkar.] role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6622/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 729, 742 and 750 to 752, inclusive, together. The information requested by the Deputy relates to subsidiary companies of RTE´ and Raidio´ na Gaeltachta. RTE´ was established under the Broadcasting Acts, 1960 to 2007, and is an independent statutory body. Board membership is a matter for RTE´ and I have no function in the matter.

Name of company Date of Establishment Purpose

Raidio´ na Gaeltachta 1971 Raidio´ na Gaeltachta is part of RTE´ , is not a subsidiary and therefore has no legal standing in its own right. Raidio´ na Gaeltachta’s remit is to provide a national Irish Language radio service as part of RTE’s public service broadcasting remit — for the people of the Gaeltacht and also for Irish speakers nationwide.

DTT Network Company 30 July 1999 Currently dormant, originally for enhancement of existing analogue network and development of digital transmission services

RTE Commercial Enterprises Ltd 15 Feb 1990 Publications and other commercial activities

RTE Music Ltd 28 October 1968 (originally called Music publishing Irish and Evergreen Limited purchased by RTE´ 18th Mar 1992 and renamed) RTE´ Music Limited is a wholly owned subsidiary of RTE´ Commercial Enterprises Limited.

RTE Transmission Network Ltd 10 Dec 2002 Management of transmission network assets

730. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of the Advisory Committee on InfoComms; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6597/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Advisory Committee on InfoComms was established by the Minister for Public Enterprise in June 2001. The Committee was charged with advising on a strategy to position Ireland as a key global centre in advanced information and communications technology. The Committee reported in 2002 and is no longer in existence. The Committee had 9 members. 798 Questions— 19 February 2008. Written Answers

731. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of the Energy Advisory Board; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6600/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Energy Advisory Board was a non-statutory advisory committee, which met during the period of the Department of Public Enterprise to advise the Minister on general energy matters. This advisory committee is no longer in existence.

732. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of An Post Working Group; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6602/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The working group referred to by the Deputy is the Post Office Working Group, which no longer exists. The role of this group was to determine a basis for the sustainable operation of the post office network and to prepare a report on this subject. The group comprised of officials from the following Departments: the Department of Public Enterprise (now the Department of Communications, Energy and Natural Resources); the Department of Agriculture, Food and Rural Development (now the Department of Agriculture, Fisheries and Food); the Department of Social, Community and Family Affairs (now the Department of Social and Family Affairs); the Department of Environment and Local Government (now the Department of Envir- onment, Heritage and Local Government); the Department of the Taoiseach; and the Depart- ment of Finance. The group was assisted by external consultants, PricewaterhouseCoopers and issued its report entitled Report of the Post Office Working Group on 23 July 2001.

733. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of the Telecoms Strategy Group; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining members are appointed; and if he will make a statement on the matter. [6603/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Telecoms Strategy Group was established in November 2002 by the Minister for Communi- cations, Marine and Natural Resources. The key objectives of the group were: to formulate an agreed goal for the development of the telecommunications sector in Ireland; to ensure greater competition and wider choice in the delivery of high bandwidth/advanced data services to industry and to society at large; to develop measures to ensure a competitive environment underpinned by a regulatory regime which actively promoted competition and investment in networks, applications and services; and to expand the scope and availability of eGovernment services and to foster other broadband demand stimulation initiatives. The then Minister appointed 13 board members to the group comprising of six Government officials and 7 members of the telecommunications industry. In February 2005 they issued a report entitled, “Ensuring Broadband Ireland”. The Committee is no longer in existence.

799 Questions— 19 February 2008. Written Answers

734. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Aurora Telecom Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6604/08]

735. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of BGE Finance Plc; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6605/08]

736. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of BGE (IOM) Ltd; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6606/08]

737. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of BGE (NI) Distribution Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6607/08]

738. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of BGE (NI) Supply Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6608/08]

739. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of BGE (UK) Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6609/08]

740. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of CM Power Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6610/08]

741. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Conservation Energy Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the

800 Questions— 19 February 2008. Written Answers level of equity held by himself within this company; and if he will make a statement on the matter. [6611/08]

745. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Gate Power Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6615/08]

747. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Natural Gas Finance Co. Ltd; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6617/08]

748. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Platin Power Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6618/08]

749. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Platin Power Trading Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6619/08]

753. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Sudanor Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6623/08]

754. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Utility Grid Installations Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6624/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to answer Questions Nos. 734 to 741, inclusive, 745, 747 to 749, inclusive, 753 and 754 together. Utility Grid Installations Limited and Bord Ga´is E´ ireann’s (BGE´ ) share in CM Power were disposed of during 2006. These companies are no longer part of the BGE´ group. The following table sets out details of the other companies as requested by the Deputy:

801 Questions— 19 February 2008. Written Answers

[Deputy Eamon Ryan.]

Name of Company Date of Purpose Establishment

Aurora Telecom Limited 1998 To provide telecommunications infrastructure BGE´ Finance Plc 2002 A requirement of a proposed financial transaction BGE (IOM) Ltd 2003 Part of a project finance arrangement relating to the Interconnector Spurline to the Isle of Man BGE´ (NI) Distribution Limited (renamed 2005 For the distribution of natural gas in firmus energy (Distribution) Limited) Northern Ireland BGE´ (NI) Supply Limited (renamed firmus 2005 For the supply of natural gas in Northern energy (Supply) Limited) Ireland BGE´ (UK) Limited 1993 To construct, own and operate transmission pipelines in the UK Conservation Engineering Limited 1993 For the purpose of manufacturing combined heat and power Gate Power Limited 1996 To operate a combined heat and power plant Natural Gas Finance Co. Ltd 1984 To provide finance to Bord Ga´is customers Platin Power Limited 2003 A joint venture between BGE´ and Scottish and Southern Electricity Limited in anticipation of a joint venture development of a power plant in County Louth Platin Power Trading Limited 2003 In anticipation of a joint venture development of a power plant in County Louth Sudanor Limited 1993 A requirement of a financial transaction

As all of these companies are subsidiaries of BGE´ . The question on board membership is a matter for the board of BGE´ and the respective company. All of the companies listed in the table are 100% owned by BGE´ , other than Gatepower in which it has a 70% share.

Questions Nos. 742 answered with Question No. 729.

743. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Digital Media Development Limited; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6613/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Digital Media Development Limited (DMDL) was established on 28th March 2000 and was dissolved in July 2003 when the Digital Hub Development Agency (DHDA) Act 2003 was enacted. The company was 100% State owned. The purpose and role of DMDL was to develop the Digital Hub project. This is now the responsibility of the DHDA. There were eight original members of the Board all of whom were appointed by the Taoiseach. Responsibility for the DMDL transferred to the Department of Public Enterprise in 2001. Following the formation of the Government in 2002 and reassignment of Ministerial duties, 802 Questions— 19 February 2008. Written Answers responsibility for DMDL rested with the Minister for Communications, Marine and Natural Resources, who made one additional appointment to the board. The Chief Executive was an ex officio member of the board.

744. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of ESB International; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6614/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): ESB International (ESBI) was established on 28/11/1988 and is a wholly owned subsidiary of the Electricity Supply Board (ESB). ESBI is responsible for the non-regulated businesses in the ESB Group. The company builds, owns and operates power stations, as well as providing a wide range of engineering and consultancy services to client in the power sector worldwide. The company is divided into the following four main business areas, ESB Independent Generation, ESB Independent Energy, ESBI Investment and ESBI Engineering and Facility Management. ESBI does not have a board. The three directors of the company are appointed by the Board of ESB. All equity in ESBI is held by ESB.

Question No. 745 answered with Question No. 734.

746. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the date of establishment of Media Lab Europe; the purpose and role of this company; the number of members of the board of this company; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the level of equity held by himself within this company; and if he will make a statement on the matter. [6616/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Media Lab Europe (MLE) was established as a company in May 2000 and was a collaborative venture between the Irish Government and the Massachusetts Institute of Technology (MIT). Modelled on the Media Laboratory at MIT, MLE was established as a hybrid between academia and the corporate world, to create a unique new centre of research in digital technologies. The Board of MLE was jointly appointed by the Government and MIT, with three Board members appointed by MIT, 3 members appointed by the Government, and three members appointed jointly by MIT and the Government. I have no equity in MLE, which closed in 2004.

Questions Nos. 747 to 749, inclusive, answered with Question No. 734.

Questions Nos. 750 to 752, inclusive, answered with Question No. 729.

Questions Nos. 753 and 754 answered with Question No. 734.

Equity Stake. 755. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural

803 Questions— 19 February 2008. Written Answers

[Deputy Leo Varadkar.] Resources the companies in which his Department holds an equity stake; the level of the equity stake; and if he will make a statement on the matter. [6627/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The companies in which my Department holds an equity stake and the level of that stake, is shown in the following table. RTE´ and Bord Ga´is E´ ireann are statutory bodies established by legislation. They do not have issued share capital. In the case of the ESB 85% of the share capital is held by the Minister for Finance and 5% is held by an ESOT. In the case of Bord na Mo´ na the balance of the shares are held directly or indirectly by the Minister for Finance.

Company Level of equity stake

An Post 54,590,943 Shares of a total of 54,590,946 shares ESB 10% of the Capital Stock Bord na Mo´ na plc 3 shares out of a total issued Share Capital of 61,952,007 Irish National Petroleum Corporation Limited (INPC) 2 Ordinary Shares of a shareholding of 100 authorised shares100% of the issued share capital (2 shares)

Question No. 756 answered with Question No. 708.

Regulatory Authorities. 757. Deputy Sea´n Sherlock asked the Minister for Communications, Energy and Natural Resources the total operating budget for all regulators and regulatory authorities within the State for the years 2006 and 2007; and if he will make a statement on the matter. [7014/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulators/regulatory authorities under the aegis of my Department are shown in the following table:

Name Budget 2006 Budget 2007

Name \\ Broadcasting Commission of Ireland** 5,233,293.00 (Grant in aid 3,809,665.00 (Grant in aid payment) payment) Commission for Communications Regulation* N/A N/A Commission for Energy Regulation* N/A N/A *I have no function in setting the budgets for these authorities, the income and expenditure of the authorities are published in their annual reports. **The grant in aid paid to the Broadcasting Commission of Ireland (BCI) in 2007 is down on 2006. This was because there were monies recouped in 2007 by the BCI from the Broadcasting Funding Scheme in respect of the cost of administration and expenses of the Scheme. From 2004 to 2006, the BCI had paid these from its own resources rather than from the Broadcasting Fund itself. The scheme provides funding to support grants for new television and radio programmes on Irish culture and heritage, it is administered by the BCI, and funded from 5% of net television licence fee receipts.

804